And Then There Was One: Federal Court Rejects Plaintiffs' Declarations and Conditional Certification of FLSA Collective Action, and Then Dismisses All But One Named Plaintiff

Finding the declarations from plaintiffs to be unreliable, a federal judge in Pennsylvania recently denied conditional certification of an FLSA collective action arising out of allegedly unpaid overtime for a proposed nationwide class of more than 9,000 retail representatives employed by Crossmark, Inc. Postiglione v. Crossmark, Inc., No. 2:11-cv-960 (E.D. Pa. Nov. 14, 2012). Notably, the court did not stop there. Rather, it also concluded under Federal Rule of Civil Procedure 20(a) that the 52 named plaintiffs could not bring their claims together in one suit because there was no common plan or policy that applied to all 52 of them. As such, the court dismissed the case to all but the first named plaintiff.

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