In the case of Hayslip v. City and County of Honolulu, Robert Hayslip filed a motion for conditional certification of collective action against the City & County of Honolulu (Honolulu). Hayslip claimed that Honolulu didn’t accurately calculate the regular pay rate, provide overtime pay, or promptly compensate around 300 active or retired paramedics and EMTs.
Hayslip filed for a collective action arguing that the group of individuals employed by Honolulu as EMTs and paramedics were similarly situated and should be certified. Hayslip supported his motion with a declaration and a proposed notice to potential members of the collective action. Hayslip’s claim regarding overtime pay for the workers in the proposed collective action meets the standard for conditional certification. The court had granted conditional certification based on the overall allegations and the similarity of other claims.
Ultimately, the court ordered the parties to meet and confer to discuss the content of the proposed notice and other details related to the collective action. The purpose of the notice was to inform potential members of the collective action and allow them to make informed decisions about participating.
Key lessons from this case:
- Under the FLSA, workers can litigate jointly if they claim a violation of the FLSA, are “similarly situated,” and opt-in to the joint litigation in writing.
- The “similarly situated” requirement means that workers share a similar issue of law or fact relevant to their FLSA claims.
- Employers can be held liable for unpaid overtime claims of more than just the one employee who filed the lawsuit.
If you want to know more about overtime regulations, read our guide on Hawaii Overtime Laws.
