![]() Because the relevant time period in this case is from June 7, 2002, until Johnson's termination on October 25, 2004, only her experiences as an auditor are at issue.ĭue to the diverse locations of RGIS's customers, the stores are categorized by the district manager as either "local stores" or "travel stores." While RGIS has no specific policy with regard to designating certain stores as local and others as travel, locations more than twenty miles from Beaumont are generally considered travel stores and those less than twenty miles from Beaumont are ordinarily deemed local stores. Although Johnson was promoted to team leader approximately three months after she was hired, she requested to step down from that position and resumed her duties as an auditor on July 21, 2001. Auditors are entry-level employees who are supervised during an inventory by a team leader, area manager, district manager, or any combination thereof. She was initially hired as an auditor, which is an hourly position held by employees trained in the use of RGIS equipment to count merchandise at retail stores. Johnson was employed by RGIS from December 18, 1996, until October 25, 2004, when RGIS terminated her employment. Accordingly, the opt-in plaintiffs were dismissed without prejudice and Johnson proceeds on her individual claims against RGIS. On March 23, 2007, however, the court decertified the class upon motion by RGIS because the class members were not sufficiently similar to each other or to Johnson to warrant collective treatment. Twenty-four opt-in plaintiffs consented to participate in this action. On June 27, 2006, the court conditionally certified a class of non-exempt, hourly auditors working within District 166 during the three-year period prior to the filing of Johnson's lawsuit and authorized Johnson to send notice to said individuals. Johnson, on her own behalf and on behalf of others similarly situated, alleges that RGIS has engaged, and continues to engage, in a willful policy, pattern, or practice of denying its employees working as "auditors" full compensation for all hours worked. RGIS is the nation's largest provider of inventory services to the retail industry, employing individuals to count and record merchandise for its customers. ![]() This lawsuit was filed on June 7, 2005, to challenge the compensation practices of RGIS and recover allegedly unpaid over-time and minimum wages pursuant to the FLSA's collective action provision. Having reviewed the pending motion, the submissions of the parties, the pleadings, and the applicable law, the court is of the opinion that summary judgment should be granted in part and denied in part. RGIS seeks summary judgment on Plaintiff Joel Johnson's ("Johnson") claims against RGIS for purported violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Pending before the court is Defendant RGIS Inventory Specialists's ("RGIS") Motion for Summary Judgment (# 83).
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