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Foday v. Air Check, Inc.

United States District Court, N.D. Illinois, Eastern Division

June 21, 2017

ALEX FODAY, et al., Plaintiffs,
v.
AIR CHECK, INC., et al., Defendants.

          MEMORANDUM OPINION

          Samuel Der-Yeghiayan United States District Court Judge.

         This matter is before the court on Plaintiffs' motion for class certification. For the reasons stated below, the motion for class certification is denied.

         BACKGROUND

         Plaintiffs allegedly worked for Defendant Air Check, Inc. (ACI) as airport workers at O'Hare International Airport. Plaintiffs contend that they were required to perform work after punching-in before their scheduled shifts. Plaintiffs were also allegedly required to perform work after the end of their scheduled shifts but before punching-out. Plaintiffs were also allegedly required to perform work without pay during breaks and during meal breaks. ACI allegedly had a policy under which actual punch times were adjusted to conform with even hours and/or scheduled shift times. As a result, Plaintiffs were allegedly not paid for every second of actual work and were potentially deprived of some overtime owed to them. Plaintiffs include in their complaint claims alleging the failure to pay overtime in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. (Count I), claims alleging violations of the Illinois Minimum Wage Law (IMWL), 820 ILCS 105/1 et seq. (Counts II), and claims alleging violations of the Illinois Wage Payment and Collection Act (IWPCA), 820 ILCS 115/1 et seq. (Count III). Plaintiffs now move to certify a class for their IMWL and IWPCA claims pursuant to Federal Rule of Civil Procedure 23 (Rule 23).

         LEGAL STANDARD

         Rule 23 provides the following:

         (a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:

(1) the class is so numerous that joinder of all members is impracticable;
(2) there are questions of law or fact common to the class;
(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and
(4) the representative parties will fairly and adequately protect the interests of the class.
(b) Types of Class Actions. A class action may be maintained if Rule 23(a) is satisfied and if:
(1) prosecuting separate actions by or against individual class members would create a risk of:
(A) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct ...

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