SEARCH

Dieffenbauch v. Rhinehart R.R. Constr. Inc.

Limited Class Certified in FLSA Collective Action on Overtime, 'No Pay for Travel' Policy

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

James Dieffenbauch, individually and on behalf of all similarly situated, Plaintiff(s)v.Rhinehart Railroad Construction, Inc., Defendant

MEMORANDUM-DECISION AND ORDERI. INTRODUCTION Plaintiff James Dieffenbauch commenced this lawsuit, both individually and on behalf of all others similarly situated, against his former employer, defendant Rhinehart Railroad Construction, Inc. Dkt. No. 1 (“Complaint”). Plaintiff alleges that Defendant implemented a “No Pay for Travel” policy in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq. Now before the Court is Plaintiff’s motion for conditional certification of a collective action under the FLSA. Dkt. No. 10 (“Motion”); see also Dkt. Nos. 10-1 (“Memorandum”), 25 (“Opposition”), 26 (“Reply”). For the reasons that follow, Plaintiff’s Motion is granted in part. II. BACKGROUNDThe facts described in this section are drawn from the Complaint and the declarations Plaintiff submitted in support of the Motion. See Lynch v. United Servs. Auto. Ass’n, 491 F. Supp. 2d 357, 368 (S.D.N.Y. 2007) (noting that a motion for conditional certification is to be adjudged with reference to the “plaintiff['s] pleadings and affidavits”). Defendant, a “foreign company” that “provides railroad construction and maintenance services” throughout the United States, id.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Women, Influence & Power in Law US Awards 2024

September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

Women, Influence & Power in Law (WIPL) 2024

September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.

Learn More

New England Legal Awards 2024

September 26, 2024
Boston, MA

The New England Legal Awards serves as a testament to the outstanding contributions and achievements made by legal professionals.

Learn More

ASSOCIATE ATTORNEY - Philadelphia

Philadelphia Plaintiff litigation firm seeks an associate attorney with at least 2 years' experience to join our team handling personal inju...

Apply Now ›

Clerk of the Panel

Position OverviewThe United States Judicial Panel on Multidistrict Litigation is accepting applications for the full-time, permanent positio...

Apply Now ›

A prominent AV-rated Education Law firm seeks an associate with 5+ years experience. The role will primarily involve advice and counsel in ...

Apply Now ›