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

FLSA Collective Action Not Decertified; Named, Opt-In Plaintiffs 'Similarly Situated'

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION James Dieffenbauch (the “Named Plaintiff”) brought this action on behalf of himself and all similarly situated against Rhinehart Railroad Construction, Inc. Dkt. No. 1 (“Complaint”). In the Complaint, Named Plaintiff alleges Defendant violated the Fair Labor Standards Act (the “FLSA”), 29 U.S.C. §§201 et seq. See generally id. Named Plaintiff specifically asserts that, by not compensating travel time, Defendant violated §207(a)(1), an FLSA provision governing overtime pay. Before the Court is Defendant’s motion to decertify the §216(b) collective action. Dkt. No. 77-4 (“Motion”). Named Plaintiff opposes the Motion. Dkt. No. 105 (“Opposition”). Defendant filed a reply. Dkt. No. 111 (“Reply”). For the reasons discussed below, the Court denies Defendant’s Motion. II. BACKGROUND A. Factual History This Court summarized Named Plaintiff’s factual allegations in its Memorandum-Decision and Order granting conditional certification of an FLSA collective action, familiarity with which is assumed. See Dkt. No. 38 (“August 2018 Memorandum-Decision and Order”). For convenience, the Court briefly summarizes Named Plaintiff’s allegations here. Named Plaintiff worked for Defendant, a railroad construction and maintenance provider, as an operator and laborer from June 2016 to October 2017. Compl.

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