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Seldomridge v. Fifth Third Bank

United States District Court, S.D. Ohio, Western Division

August 15, 2019

JENNIFER SELDOMRIDGE, on behalf of herself and others similarly situated, Plaintiff,
v.
FIFTH THIRD BANK, Defendant.

          Dlott, J.

          MEMORANDUM OF OPINION AND ORDER

          STEPHANIE K. BOWMAN, UNITED STATES MAGISTRATE JUDGE

         This civil action is before the Court on Plaintiff's motion for conditional certification and court-authorized notice (Doc. 19) and the parties' responsive memoranda. (Docs. 20, 21).[1]

         I. Background and Facts

         At all relevant times, Defendant has been a national bank, operating two customer service call centers in Michigan and Ohio. Defendant employs non-exempt Service to Solutions employees and others similarly situated at those call centers. Plaintiff worked as a Service to Solutions employee in Defendant's Grand Rapids, Michigan call center. (Doc. 1 at ¶ 15). Plaintiff answered inbound telephone calls from customers and was classified by Defendant as a non-exempt employee.

         Plaintiff claims she regularly worked forty or more hours per workweek, not including pre-shift work. Plaintiff alleges that she was not paid for all hours worked because Defendant did not permit her or her co-workers clock in prior to the start of their shifts even though they were performing compensable work during the pre-shift time. For example, Defendant trains and instructs the employees to be ready to take their first call promptly at the start of their shifts. To be ready, Plaintiff is required to first boot up their computers, log into Defendant's computer and phone systems and applications, and review emails for alerts and other items before clocking in. This process was required at the start of every shift, so that Plaintiff and her co-workers could take their first calls at their scheduled start time. Plaintiff alleges that this process took at least 10 minutes.

         Plaintiff contends that Defendant did not count this time as hours worked, and this practice resulted in Defendant's Service to Solutions employees, and those working in other call center positions, being underpaid overtime premiums owed to them. In light of the foregoing, Plaintiff asks this Court to grant conditional certification under 29 U.S.C. § 216(b) and to order the issuance of a notice to similarly situated persons enabling them to opt-in. Accordingly, Plaintiff requests conditional certification of the following class:

“All former and current Service to Solutions employees, and those working in other call center positions, employed by Defendant at any time in the period measured from three years prior to the filing of this Complaint to the present.”

         In addition to asking the Court to conditionally certify the collective class, Plaintiff also asks the Court to enter an Order:

- directing that notice be sent by United States mail and email to all former and current Service to Solutions Employees and similarly situated call center employees employed by Defendant at any time in the period measured from three years prior to the filing of this Complaint to the present.
- directing the parties to jointly submit within 14 days a proposed Notice informing such present and former employees of the pendency of this collective action and permitting them to opt into the case by signing and submitting a Consent to Join Form;
- directing Defendant to provide within 14 days a Roster of such present and former employees that includes their full names, their dates of employment, and their last known home addresses and personal email addresses;
- directing that the Notice, in the form approved by the Court, be sent to such present and former employees within 30 days using the home and email addresses listed in the Roster; and
- providing that duplicate copies of the Notice may be sent in the event new, updated, or corrected mailing addresses or email addresses are found for one or more ...

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