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Myers v. Hertz Corp., No. 08-1037

FLSA Overtime Action

In Myers v. Hertz Corp., No. 08-1037, an action asserting claims against Hertz Rental Car for overtime violations of the Fair Labor Standards Act, and various provisions of New York state law, the court affirmed the denial of class certification where the district court did not abuse its discretion in concluding that Hertz's common policy demonstrated little regarding whether the constituent issues that bore on Hertz's ultimate liability were provable in common.


As the court wrote:  "In this procedurally convoluted case, plaintiffs seek overtime wages they contend they were unlawfully denied by their employer. The plaintiffs apparently initially intended this case to be a nationwide "collective action" under § 216(b) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(b), through which employees seeking to recover under FLSA's substantive provisions may assert claims on behalf of other "similarly situated" employees."

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