Early last year, Fitapelli & Schaffer, LLP, alongside Bruckner Burch PLLC, filed a class and collective action seeking overtime against MBI Energy on behalf of salaried Wireline Engineers. The case continues to move forward successfully as the Court has recently affirmed a decision granting conditional certification of the proposed class.
In February 25, 2020, the Magistrate Judge granted Plaintiff’s Motion for conditional Certification, meaning that all Wireline Engineers who worked for MBI Energy, regardless of locations worked, could receive notice of the case and have an opportunity to join the action seeking owed wages.
MBI Energy filed objections to the presiding District Judge. Specifically, MBI Energy argued that certain out-of-state Wireline Engineers should not receive notice, and shouldn’t be able to join the case, because the court lacked proper jurisdiction over them. This is an argument many employers have recently made in response to similar cases that seek owed wages nationwide.
The District Judge rejected MBI Energy’s argument that out-of-state Wireline Engineers should not receive notice and have an opportunity to join the case. As many courts have ruled across the country, such “personal jurisdiction” arguments are not sufficient to defeat class certification. The District Judge ruled that any such issues are better left for a decision later in the case, after Wireline Engineers receive notice and have an opportunity to join the case.
We are pleased the Court’s decision that will allow all Wireline Engineers who worked for MBI Energy to receive notice of this case and have an opportunity to join it to seek owed overtime. If you worked for MBI Energy as a Wireline Engineer and have concerns regarding your eligibility for this matter, do not hesitate to contact the firm at (212) 300-0375.
You may also view the opinion here.