FLSA

Judge conditionally certifies class in action against Boyd Gaming Corp.

U.S. District Judge James Mahan granted certification of a nationwide class of non-exempt employees working at Boyd Gaming Corp.’s 22 properties. The six named plaintiffs, current and former bartenders and servers, allege improper time-rounding practices, uncompensated off the clock work, and unpaid overtime under the FLSA (Fair Labor Standards Act) for themselves and all others similarly situated. The complaint alleges that Boyd’s time rounding practices “enrich Boyd to it’s employees’ detriment” and result in up to 14 or more minutes lost per shift. The complaint further alleges that class members worked 30 to 45 minutes off the clock each shift. The Court found that the evidence presented demonstrated a companywide policy, and ordered Boyd to produce the contact information of all potential class members (estimated at 20,000 current and former employees).

Click here for the original report on the Las Vegas Review-Journal, and here for a PDF of the complaint.

District Court Grants Collective Certification of RiverBay Employees

On December 23, 2013, Judge John G. Koeltl of the Southern District of New York approved conditional certification of the proposed class in Ramirez, et. al v. Riverbay Corp., et. ano, 13 CV 2367 (JGK)(GWG). This means the Court will conditionally allow Plaintiffs to proceed with their claims under the Fair Labor Standards Act on behalf of a class consisting of hourly employees of RiverBay Corp. who were employed at any time since April 9, 2007 and who were allegedly 1) subjected to a schedule based pay system; 2) received compensatory time in lieu of overtime compensation; 3) earned nighttime premium pay that was not properly calculated into overtime payments; 4) worked during uncompensated meal breaks; and/or 5) worked off-the-clock either before or after clocking in or out. The ruling permits current and former employees of Riverbay who were employed during the relevant time period to “opt-in” to the litigation and preserve their wage and hour claims, seeking unpaid straight and overtime compensation.

Please contact Brett Gallaway, Esq. at McLaughlin & Stern, LLP at 646-738-6353 or Matthew Cohen, Esq. at the Law Firm of Louis Ginsberg, PC at 877-4WAGESLAW (877-492-4375), for any questions you have about the action.