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Dieffenbauch v. Rhinehart R.R. Constr. Inc.

Limited Class Certified in FLSA Collective Action on Overtime, 'No Pay for Travel' Policy

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James Dieffenbauch, individually and on behalf of all similarly situated, Plaintiff(s)v.Rhinehart Railroad Construction, Inc., Defendant

MEMORANDUM-DECISION AND ORDERI. INTRODUCTION Plaintiff James Dieffenbauch commenced this lawsuit, both individually and on behalf of all others similarly situated, against his former employer, defendant Rhinehart Railroad Construction, Inc. Dkt. No. 1 (“Complaint”). Plaintiff alleges that Defendant implemented a “No Pay for Travel” policy in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq. Now before the Court is Plaintiff’s motion for conditional certification of a collective action under the FLSA. Dkt. No. 10 (“Motion”); see also Dkt. Nos. 10-1 (“Memorandum”), 25 (“Opposition”), 26 (“Reply”). For the reasons that follow, Plaintiff’s Motion is granted in part. II. BACKGROUNDThe facts described in this section are drawn from the Complaint and the declarations Plaintiff submitted in support of the Motion. See Lynch v. United Servs. Auto. Ass’n, 491 F. Supp. 2d 357, 368 (S.D.N.Y. 2007) (noting that a motion for conditional certification is to be adjudged with reference to the “plaintiff['s] pleadings and affidavits”). Defendant, a “foreign company” that “provides railroad construction and maintenance services” throughout the United States, id.

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