Class Cert. Denied For Now In Rick Bus FLSA Suit

Law360, New York (September 30, 2010, 4:04 PM EDT) -- A federal court has held off on granting conditional certification in a collective action accusing Rick Bus Co. of denying overtime wages to drivers and aides, saying the lead plaintiff failed to demonstrate a nexus between his situation and that of other putative class members.

Paycheck comparisons between lead plaintiff George Danbury and colleagues fail to satisfy the modest factual nexus standard, as do statements by Frederick Coles III, Danbury's attorney, recounting hundreds of phone calls from employees eager to opt into the Fair Labor Standards...
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