Reginae Group The Easter cactus was at one time placed in Schlumbergera, but has flowers which are different in structure. Distribution, habitat and ecology[ edit ] The distribution of Schlumbergera species is discontinuous within the red area. Schlumbergera species grow in habitats which are generally relatively cool, shaded and of high humidity. Most species require cross-pollination to set seed.
Defendant, Schlumberger Technology Corp. Plaintiffs filed a reply on February 2, Schlumberger supplemented its opposition to include an additional declaration on February 4, Oral Argument on the Motion was held on February 5, Plaintiffs allege that they have been, and continue to be, denied overtime pay as a result of a "widespread corporate policy that uniformly misclassifies them as exempt from the FLSA overtime provisions, regardless of any individualized factor such as experience, age, job duties, or geography.
In the instant motion, Plaintiffs move to conditionally certify a collective action under 29 U. If granted conditional certification under 29 U. Its primary position is that the plaintiffs are not "similarly situated" for purposes of maintaining a collective action.
More specifically, Schlumberger claims that the different job classifications held by the plaintiffs require case-by-case analysis, and are thus inappropriate for a collective action. Section a requires covered employers to compensate nonexempt employees at overtime rates for time worked in excess of statutorily defined maximum hours.
The FLSA creates a cause of action for violations of provisions of the Act, which include the minimum wage and overtime provisions.
Section b of the FLSA permits a plaintiff to maintain such an action on "behalf of himself. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought.
A collective action affords plaintiffs "the advantage of lower individual costs to vindicate rights by the pooling of resources. The judicial system benefits by efficient resolution in one proceeding of common issues of law and fact.
Unlike class actions brought under Fed. District courts have discretion, in appropriate cases, to implement 29 U. Two requirements must be met to maintain a collective action under the FLSA. First, the named representatives and the members of the prospective FLSA class must be similarly situated.
There must be "some factual nexus which binds the named plaintiffs and the potential class members together as victims of a particular alleged [policy or practice].
New Century Financial Corp. Second, the action at issue must be one of general effect. Manville Sales, Corp, F.
Plaintiffs bear the burden of establishing that they are "similarly situated" to the proposed class. Group, WL C. March 1,citing White v. International Catastrophe Solutions, Inc. June 28, noting that "a minimal showing that all members of the class are similarly situated in terms of job requirements and pay practice" is required.
Courts have held that "similarly situated" does not mean identically situated. Thus, "[s]light differences in job duties or functions do not run afoul of the similarly situated requirement.
However, "if the job duties among potential members of the class vary significantly, then class certification should not be granted.16 rows · Case Studies Domain All Characterization Completions Drilling Processing & Separation .
The pressure at any point in a column of fluid caused by the weight of fluid above that point. Controlling the hydrostatic pressure of a mud column is a critical part of mud engineering. Mud weight must be monitored and adjusted to always stay within the limits imposed by the drilling situation.
Schlumbergera or Christmas Cactus are just as easy to grow as Epiphyllums and are very profuse bloomers in winter when most other plants are still sleeping. Holding: The focus of the Patent Act’s general damages provision, 35 U.
§, in a case involving infringement under Section (f)(2) is on the act of exporting components from the United States; therefore, WesternGeco’s award for lost profits was a permissible domestic application of Section , not an impermissible extraterritorial one.
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