United States First Circuit

In a wage and hour action alleging that defendants deprived plaintiff-employees of their wages through the use of timekeeping policies and employment practices that required them to work through their meal and rest periods, put in extra work time before and after their regularly scheduled work shifts, and attend mandatory training sessions, the district court's dismissal of the action is: 1) vacated in part, as to the dismissal of the Fair Labor Standards Act (FLSA) claims against defendant hospital and defendant Ullian, as well as the Massachusetts common law claims for breach of contract, promissory estoppel, money had and received, unjust enrichment, and conversion; 2) vacated in part, as to the striking of plaintiffs' class and collective allegations; 3) affirmed in part, as to the district court's directive that the plaintiffs in the two cases file a single consolidated complaint and, by extension, the district court's assumption of jurisdiction over the state law claims; and 4) affirmed in part, as to the dismissal of the FLSA claims against defendant Canavan, the fraud and negligent misrepresentation claims, and the denial of further leave to amend the complaint.

Appellate Information

• Decided 08/01/2013
• Published 08/01/2013

Judges

• LIPEZ

Court

• United States First Circuit

Counsel