DECISION AND ORDER This case has been referred to the undersigned by the Hon. Lawrence J. Vilardo for all pre-trial matters and to hear and report on dispositive motions. (Dkt. No. 4). Presently before the Court is plaintiff’s motion for conditional certification of a Fair Labor Standards Act ["FLSA"], 29 U.S.C. §§201, et seq., collective action. (Dkt. No. 22). For the following reasons, plaintiff’s motion for conditional certification and court-authorized notice is denied without prejudice.1 BACKGROUND Plaintiff Kevin Bonett (“plaintiff”) brings this action on behalf of himself and all other similarly situated individuals seeking relief for alleged willful violations of the FLSA overtime compensation requirements by defendant Shawmut Woodworking & Supply, Inc. (“defendant”). (Dkt. No. 1 (Complaint)).2 Defendant is a nationwide construction management company that provides management and design services on behalf of various clients, including luxury home builders, sports venues, commercial offices, and academic facilities. (Id. at pg. 2). Defendant employs a variety of construction management professionals to assist its clients with developing their construction projects. (Id.). These employees hold the titles of Project Manager, Superintendent, and Estimator and have responsibility for all major project decisions and supervision of construction site operations. (Id.). To assist in building its professional workforce, defendant recruits recent, or soon-to-be, college graduates to join its Construction Management Skills Training ["CMST"] program and gain “on-the-job” training. (Id. at 3). The program lasts a period of thirty-six months; separated into three distinct twelve-month installments, in which each participant spends twelve months working as an Assistant Project Manager, Assistant Superintendent, and Assistant Estimator [collectively "Assistants"]. (Id.). During the program, the CMST participants shadow one of the construction management professionals in the area matching their assigned role, i.e. Assistant Project Managers shadow Project Managers. (Id.). Plaintiff claims that regardless of the order in which a CMST participant is assigned to each Assistant position, defendant classifies first-year participants as non-exempt employees under the FLSA entitled to receive overtime wages and classifies second- and third-year participants as exempt employees not eligible to receive overtime wages. (Id.) Regardless of whether a CMST participant was eligible or not eligible to receive overtime wages, defendant alleges that the duties they perform are all the same. (Id.). Defendant alleges that Assistants provide routine office support and complete tasks assigned by their construction management professional. (Id.). He state their responsibilities are non-managerial in nature, do not involve the use of discretion or independent judgment, and participants never have authority to act on their own. (Id.). Plaintiff asserts that he and other CMST participants regularly worked over forty hours per week, often fifty to sixty hours per week, and were not paid overtime compensation. (Id. at 4). Plaintiff also alleges that defendant did not allow its non-exempt CMST participants to record all their overtime hours. (Id.) The gravamen of plaintiff’s FLSA claim is that defendant misclassified CMST participants as exempt employees in order to evade paying them overtime wages they are owed. (Id.). Defendant disputes that plaintiff and other CMST participants are entitled to overtime compensation in their second and third years of the program, arguing that participants are properly classified as exempt from the overtime provisions of the FLSA based on their job duties and functions. (Dkt. No. 25-1,
8-15). Defendant contends that the non-exempt classification given to first-year CMST participants reflects that a significant portion of the first year in the CMST program is focused on “grounding participants in the construction industry,” with less time spent on work that requires advanced knowledge and training or the exercise of independent judgment and discretion, (Id. at 10). Defendant states that as CMST participants progress through the program, they take on greater substantive job functions and perform tasks requiring more advanced knowledge, judgment, and discretion. (Id. at 11). Defendant asserts that participants in their second and third years of the program are properly classified as exempt employees under FLSA because they have increased responsibility, including financial and schedule management, direct client management, and subcontractor management responsibilities, they receive less oversight, and their work involves a great deal of discretion and independent judgment. (Dkt. No. 25-2,
