United States District Court, N.D. Ohio, Eastern Division
CLAUDIO POP, on behalf of himself and all others similarly situated, Plaintiff,
PERMCO, INC., et al., Defendants.
MEMORANDUM OPINION & ORDER
Kathleen B. Burke United States Magistrate Judge.
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.
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).
reasons discussed herein, the Court GRANTS in part
and DENIES in part Pop's Motion.
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.
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 ...