Plaintiff was ordered to notify all members of the class within 21 28 days, and the members then had 63 days to opt in to the action. On October 15, 2020, the Court conditionally certified 26 a collective class of employees and granted Plaintiff’s Motion for Step-One Notice under 27 the FLSA. BACKGROUND 22 On May 6, 2020, Plaintiffs Tina Weeks, Michael McDonald, and Cassandra 23 Magdaleno filed a Complaint alleging they and other similarly situated employees of 24 Defendant were improperly classified as exempt under the FLSA and had therefore been 25 denied overtime wages. For the 20 reasons that follow, the motion will be denied. Defendant argues 19 that the state-law claim is preempted by the Fair Labor Standards Act (FLSA). 81), in which Defendant moves for judgment in its 17 favor on Plaintiff Samantha Stocklein’s Oregon state-law wage claim and the associated 18 putative Rule 23 class action claim alleging failure to pay overtime. ![]() ![]() CV-20-00884-PHX-SPL ORDER 15 Before the Court is Defendant Matrix Absence Management Inc.’s Motion for 16 Judgment on the Pleadings. 11 12 Matrix Absence Management Incorporated, 13 Defendant. ![]() ![]() 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Tina Weeks, et al., 9 10 Plaintiffs, vs.
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