Chipotle Wins One, Loses One, In Wage And Hour Class Litigation

A Tale of Two Cases . . .

We've commented on numerous occasions about the peculiar paths taken by wage and hour class litigation, particularly with respect to collective actions under the FLSA. Two cases involving the same employer decided only days apart continue to highlight the challenges and sometimes surprising outcomes in those cases.

Both cases were brought against the Chipotle food chain, but they involved different classes of employees and were filed in different jurisdictions. In the first, Scott v. Chipotle Mexican Grill, Inc., Case No. 12-CV-8333 (ALC)(SN) (S.D.N.Y. March 29, 2017), the plaintiffs alleged that the company misclassified its "apprentices," essentially management trainees, as exempt. They brought a collective action under the FLSA and parallel state law wage and hour claims under the laws of several states against Chipotle in federal court in New York. Applying a low standard for conditional certification under the FLSA, the court