Finding Too Few Similarities, Court Refuses To Certify Class of Health Care Workers

Feb. 11, 2010, 5:00 AM UTC

A federal court in Philadelphia Feb. 8 refused to conditionally certify a collective action of health care workers suing a temporary staffing agency under the Fair Labor Standards Act for allegedly failing to pay overtime wages (Bamgbose v. Delta-T Group Inc.).

In denying Temi Bamgbose’s motion requesting the court to certify a class composed of workers for Delta-T Group Inc., Judge Mary A. McLaughlin of the U.S. District Court for the Eastern District of Pennsylvania found that “the plaintiff has not made a modest factual showing that the putative class is similarly situated.”

According to the opinion, “The ...

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