CareerBuilder wins denial of collective certification in FLSA case

Client(s) CareerBuilder, LLC

On July 20, 2015, Jones Day secured, for client CareerBuilder, LLC, the denial of collective certification of named plaintiffs' FLSA claims that CareerBuilder unlawfully denied sales employees overtime pay by forcing them to under-report their time worked. CareerBuilder prevailed in defeating the certification motion notwithstanding the relatively low burden plaintiffs face for so-called conditional certification of FLSA collective actions. Plaintiffs' Rule 23 state law claims were earlier removed from the lawsuit after CareerBuilder filed a Rule 12(b)(6) motion to dismiss. The putative class of over 1,000 sales employees thus cannot proceed collectively, and the three named plaintiffs will have to pursue their claims individually. The three opt-in plaintiffs who previously joined the case all elected to dismiss their claims following discovery from CareerBuilder.

Calverley, et al. v. CareerBuilder, LLC, Case No. 1:13-cv-01967 (N.D. Ill.)