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Lemons v. Tasch, L.L.C.

United States District Court, E.D. Louisiana

January 24, 2018

ANTONIO SANTOS LEMONS, ET AL.
v.
TASCH, L.L.C., ET AL.

         SECTION: "S" (4)

          ORDER AND REASONS

          MARY ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE

         IT IS HEREBY ORDERED that Plaintiffs' Motion for Conditional Certification (Doc. #23) is GRANTED.

         IT IS FURTHER ORDERED that pursuant to 29 U.S.C. § 216:

         A. The class is conditionally certified as follows:

All individuals who worked for defendants at any time since July 28, 2014, and were classified as independent contractors.

         B. Within 14 days of the date of this order, the defendants shall provide to plaintiffs' counsel the names, addresses, email addresses, and telephone numbers of the putative class members in a usable electronic format.

         C. The parties meet, confer and thereafter submit to the court joint proposed Notice and Consent Forms no later than 21 days from the date of this Order. If the parties are unable to agree on the proposed Notice and Consent Forms, the parties shall file the appropriate motions with their objections no later than 21 days from the date of this Order.

         D. Counsel for plaintiffs shall have 30 days from the date the proposed Notice and Consent Forms are approved by the court to transmit the Notice and Consent Forms to the potential class members via United States mail.

         E. Opt-in plaintiffs are granted a period of 90 days from the date that the Notice and Consent Forms are mailed to return their signed Consent Forms to plaintiffs' counsel via mail, email, fax or electronic signature service.[1]

         BACKGROUND

         This matter is before the court on Plaintiffs' Motion for Conditional Class Certification. Plaintiffs argue that the standards applicable for conditional class certification under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., are met.

         Defendant Tasch, L.L.C. is a construction company, and defendant Jack R. Allen, Jr. is a corporate officer of Tasch. Plaintiffs, Antonio Santos Lemons, Carlos Duena, Gerson Ivan Flores, Gerardo Deras, Osman Nunez and Amilcar Guerrero, allege that they were employed by Tasch as construction laborers. Plaintiffs allege that they often worked more than 40 hours per week, without receiving overtime pay, and that defendants improperly classified them as independent contractors. Plaintiffs allege that Allen directed, monitored, supervised and evaluated plaintiffs' work and set plaintiffs' schedules, work hours, and rates of pay.

         On July 28, 2017, plaintiffs' filed this action alleging that defendants violated the overtime provisions of the FLSA, codified at 29 U.S.C. § 207(a), [2] by failing to pay them and other similarly situated employees one-and-one-half times of their regular rate for hours worked in excess of 40 hours per week. Plaintiffs seek to proceed as a collective action under section 216(b)[3] the FLSA.

         On November 3, 2017, plaintiffs filed the instant motion for class certification. Plaintiffs seek conditional class certification of an opt-in class consisting of:

All individuals who worked for defendants at any time since July 28, 2014, and were classified as independent contractors.

         Plaintiffs argue that conditional class certification is appropriate because there is a substantial class of other construction laborers employed by defendants that were treated similarly to plaintiffs and not paid over-time. Plaintiffs also seek an order requiring the defendants to disclose the names, addresses, email addresses and telephone numbers of potential opt-in plaintiffs within two weeks of the date of the court's order on their motion for conditional certification, and an order permitting ...


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