Scott v. Chipotle Mexican Grill Inc.

US Supreme Court (Cert. Stage)

Question Presented
Whether a district court may consider factors other than the presence of a single material question of law or fact common to a group of employees when assessing whether the employees are “similarly situated” for purposes of the collective-action provision of the Fair Labor Standards Act.

Brief Filed
The Retail Litigation Center filed an amicus brief at the U.S. Supreme Court in Scott v. Chipotle in support of Chipotle’s petition asking the Court to review the Second Circuit’s decision that a single common fact among a group of opt-in plaintiffs is sufficient to certify (or refuse to de-certify) a collection action under the Fair Labor Standards Act. The brief was drafted by Paul DeCamp, former Administrator of the U.S. Department of Labor’s (DOL’s) Wage and Hour Division, and Garen Dodge, both of Epstein Becker Green, which is an RLC law firm member. The brief was joined by the Restaurant Law Center.

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