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Yockey v. Staffing Solutions, Inc.

United States District Court, S.D. Indiana, Terre Haute Division

December 15, 2016

CHRISTOPHER A. YOCKEY, Plaintiff,
v.
STAFFING SOLUTIONS, INC. doing business as EXPRESS EMPLOYMENT PROFESSIONALS, Defendant.

          ORDER

          Hon. Jane Magnus-Stinson, Chief Judge.

         Plaintiff Christopher A. Yockey was employed by Defendant Express Employment Professionals (“Express”) as a temporary worker and assigned to the ADS, Inc. (“ADS”) facility in Brazil, Indiana. Mr. Yockey initiated this litigation on behalf of himself and a class of similarly situated individuals, alleging that Express violated the Fair Labor Standards Act (“FLSA”). Mr. Yockey contends that Express failed to compensate its employees for earned overtime by improperly rounding time entries; automatically deducting 30-minute meal breaks when employees did not clock out and back in for lunch; and deducting 30 minutes for meal breaks, even when those breaks lasted for 20 minutes or less. Presently pending before the Court is a Second Amended Motion to Certify Fair Labor Standards Act Collective Action. [Filing No. 32.] For the reasons that follow, the Court denies Mr. Yockey's motion.

         I.

         Relevant Background

         Express is a staffing services company that provides, among other services, temporary workers to a variety of businesses. [Filing No. 33-1 at 1.] Mr. Yockey worked at ADS, located in Brazil, Indiana, from October 18, 2015 through November 17, 2015. [Filing No. 33-1 at 2.] According to Express:

ADS provides a weekly timecard to employees staffed by Express' Associates, who use the timecard to punch in/punch out from a time clock provided by ADS. Each week, ADS provides to Express the timecard records for the temporary employees assigned to work at ADS by express. Express processes the payroll checks to these temporary employees based on the information provided by ADS.

         [Filing No. 33-3 at 6.]

         Mr. Yockey submitted a declaration alleging his experiences with Express' timekeeping practices. [Filing No. 33-1.] He alleges that he and other workers “were paid by Express on the basis of records maintained by the ADS Company and delivered to Express, recording our work hours on a time clock but rounding those hours in favor of Express so that we received less pay.” [Filing No. 33-1 at 2.] He also alleges that he and “[he] believe[s] other similarly situated employees of Express working at ADS were not paid for recorded lunch breaks [sic] periods lasting twenty minutes of [sic] less.” [Filing No. 33-1 at 2.] And finally, he alleges that when employees did not clock out for their lunch breaks, Express “routinely” deducted 30 minutes from their hours worked. [Filing No. 33-1 at 2.] Mr. Yockey submitted six time cards in support of these factual allegations. [Filing No. 33-5.]

         Mr. Yockey submitted the following statements in his declaration in support of his allegation that similarly situated ADS workers were also subject to these timekeeping practices:

• “Similarly situated members of the Plaintiff Collective Group, work, or worked, for Express at the ADS Company facility in Brazil, Indiana, as employees paid by the hour, ” [Filing No. 33-1 at 2];
• “All employees occupied, and are occupying these positions have [sic] the same type of jobs with the same essential job responsibilities as I did, ” [Filing No. 33-1 at 2]; and
• “Upon information and belief, there are approximately two hundred thirty-three such persons who would fall within the proposed collective group.” [Filing No. 33-1 at 3]

         Mr. Yockey also submitted a document (hereinafter referred to as the “hours summary document”) that includes 160 pages of what appear to be time entries or hours summaries for a variety of ADS or Express personnel. [Filing No. 34.]

         II.

         Motion to Certify

         A. Collective Action ...


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