Daily Labor Report ®

Chipotle Workers Revive Collective, But Not Class, OT Claims (1)

April 1, 2020, 6:57 PM; Updated: April 1, 2020, 9:21 PM

More than 500 Chipotle employees will get a chance to proceed collectively on their federal overtime claims, after a divided Second Circuit ruled Wednesday that a previous order decertifying that action was based on flawed legal reasoning.

A district judge didn’t apply the correct analysis to determine if workers were similar enough to band together in a Fair Labor Standard Act collective action, the U.S. Court of Appeals for the Second Circuit said. Although the lower court properly relied on Rule 23 of the Federal Rules of Civil Procedure to nix several state wage classes, it couldn’t use a higher...

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