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Pop v. Permco, Inc.

United States District Court, N.D. Ohio, Eastern Division

September 3, 2019

CLAUDIO POP, on behalf of himself and all others similarly situated, Plaintiff,
v.
PERMCO, INC., et al., Defendants.

          MEMORANDUM OPINION & ORDER

          Kathleen B. Burke United States Magistrate Judge.

         Plaintiff Claudio, on behalf of himself and all others similarly situated, (“Pop” or “Plaintiff”) filed a Class and Collective Action Complaint alleging Defendants Permco, Inc. (“Permco”) and Guyan International, Inc. (“Guyan”) (referred to collectively as “Defendants”) violated the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219, and statutes and common law of Ohio by failing to pay for all hours, including overtime hours, worked. Doc. 1.

         Pending before this Court is Pop's Motion for Conditional Certification, Opt-In Identification Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs Pursuant to 29 U.S.C. § 216(b) (“Motion”). Doc. 19. Defendants have opposed Plaintiff's Motion (Doc. 21) and Plaintiff filed a reply (Doc. 22). In his Motion, Pop requests that this Court conditionally certify a collective action consisting of:

All present and former hourly manufacturing workers and workers with similar job titles and/or duties at Defendants' Streetsboro, Ohio location during the period of three years preceding the commencement of this action [March 25, 2016] to present.

Doc. 19, p. 1 (alteration supplied).

         For the reasons discussed herein, the Court GRANTS in part and DENIES in part Pop's Motion.

         I. Background

         “Defendants are a ‘leading manufacturer of high-pressure hydraulic gear/vane pumps and motors, flow dividers, intensifiers, and accessories.'” Doc. 1, p. 3, ¶ 8, Doc. 12, p. 1, ¶ 6. “Defendants' manufactured products include displacement pumps and motors.” Id. Pop was employed by Defendants and worked as a manufacturing worker. Doc. 1, p. 4. ¶¶ 13-14, Doc. 19-1, p. 1, ¶ 3. Pop was an hourly employee and worked for Permco from about November 2018 until May 2019. Doc. 1, p. 4, ¶ 14, Doc. 19-1, p. 1, ¶ 2. Pop's primary job was a CNC machinist at Permco's Streetsboro, Ohio location. Doc. 19-1, p. 1, ¶ 3.

         Plaintiff contends that Defendants violated the FLSA by regularly failing to pay Pop and similarly situated workers overtime at a rate of one-and-one-half times their hourly pay rate for each hour worked over 40 hours in a single week. Doc. 19, p. 4. Pop argues that conditional certification is warranted because Defendants, in violation of the FLSA, applied the following four policies uniformly to all employees:

• rounding down an entire quarter of an hour to systematically deny overtime to employees when they worked over forty (40) hours in a workweek;
• failing to pay for pre-shift compensable work that was performed for Defendants' benefit, and constituted part of hourly employees' principal activities and/or was integral and indispensable to their principal activities;
• docking pay for meal breaks, whether or not employees actually received a bona-fide meal period; and
• failing to pay for post-shift compensable work that was required by Defendants, was performed for Defendants' benefit and constituted part of hourly employees' principal activities and/or was integral ...

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