S.D.Fla.: FLSA Case Pled As Collective Action May Not Be “Decertified” At Complaint Stage

Sarti v. Protective Services, Inc.

This case was before the Court on Defendants’ Motion to Dismiss Plaintiff’s Complaint, which was brought as a putative collective action. The Count dismissed the count sounding in conversion, based on Defendants’ failure to pay Plaintiff overtime, stating that such a claims was inappropriate under Florida law. However, noting that a putative class is neither certified or decertified solely based on a Plaintiff’s Complaint, the Court denied the branch of Defendants’ Motion seeking dismissal of the class allegations stating:

“In his Complaint, Plaintiff alleges that the present action is also being brought by ‘those similarly-situated to recover from the Employer unpaid overtime wages, as well as an additional amount as liquidated damages, costs, andreasonable attorney’s fees …’ (Compl.¶ 5.) Defendants seek to dismiss Plaintiff’s Complaint on the grounds that Plaintiff failed to properly certify a class under the FLSA. However, the Court may not decertify a class at the Complaint stage. See generally Simpkins v. Pulte Home Corp., No. 6:08-CV-130, 2008 WL 3927275 (M.D.Fla. Aug. 21, 2008). First, the Plaintiff must file a motion to conditionally certify a class and provide notice to similarly situated employees. See id After Plaintiff files his motion to conditionally certify a class, then the Defendant may Respond with arguments aiming to deny Plaintiff’s motion. See id.”

Accordingly, the Court denied Defendants’ Motion to Dismiss Plaintiff’s class allegations.