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

A federal district court denied a motion for conditional certification of a collective action under the Fair Labor Standards Act and Florida Minimum Wage Act brought by an EZ Advocates, LLC sales employee who alleged he was paid solely on commission and sometimes received less than minimum wage despite working overtime hours, finding that the plaintiff’s single declaration failed to provide a reasonable basis to conclude that similarly situated employees would opt-in or that the company used a uniform payment policy affecting other employees.

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