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2020 U.S. App. LEXIS 10185 *; 954 F.3d 502
MAXCIMO SCOTT, on behalf of himself and others similarly situated, JAY FRANCIS ENSOR, CHRISTINE JEWEL GATELEY, KRYSTAL PARKER, STACY HIGGS, EUFEMIA JIMENEZ, MATHEW A. MEDINA, Plaintiffs-Appellants, v. CHIPOTLE MEXICAN GRILL, INC., CHIPOTLE SERVICES, LLC, Defendants-Appellees.1
Prior History: [*1] ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.
Appeal from an opinion and order of the United States District Court for the Southern District of New York (Carter, J.) in this hybrid class and collective action brought on behalf of employees of a national restaurant chain who claim they were denied overtime wages because they were misclassified as exempt employees. The district court denied the employees' motion for class certification and granted the employer's motion to decertify the conditionally certified collective action. The employees appeal, contending that the district court erred in (1) denying class certification on the basis of a lack of predominance and superiority, and (2) granting decertification of the collective action on the ground that the named plaintiffs and opt-in plaintiffs are not similarly situated.
Scott v. Chipotle Mexican Grill, Inc., 2017 U.S. Dist. LEXIS 62902 (S.D.N.Y., Mar. 29, 2017)
Disposition: AFFIRMED IN PART and VACATED IN PART.
district court, similarly situated, collective action, employees, opt-in, exempt, Apprentices, predominance, named plaintiff, class plaintiff, ad hoc, primary duty, plaintiffs', managerial, courts, tasks, overtime, analogy, factors, decertify, class certification, class action, sliding scale, disparate, clearly erroneous, similarities, defenses, salary, question of law, class member
Business & Corporate Compliance, Wage & Hour Laws, Scope & Definitions, Overtime & Work Periods, Labor & Employment Law, Exemptions, Executives & Professionals, Civil Procedure, Appeals, Standards of Review, Questions of Fact & Law, Exemptions, Abuse of Discretion, De Novo Review, Clearly Erroneous Review, Special Proceedings, Class Actions, Certification of Classes, Prerequisites for Class Action, Predominance, Prerequisites for Class Action, Remedies, Class Actions, Adequacy of Representation, Superiority, Typicality, Commonality