Case: Wage & Hour/Conditional Certification (S.D. Fla.)

A Florida federal district court denied conditional class certification under the Fair Labor Standards Act to a call center agent who alleged Webhelp Americas LLC required agents to perform unpaid pre-shift work including booting up computers and logging into software programs, finding the plaintiff failed to demonstrate other employees were “similarly situated” as required for collective action certification because her evidence consisted only of conclusory assertions in her own declaration without supporting affidavits from opt-in plaintiffs addressing the five factors courts use to determine similarity.

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