United States District Court, E.D. Michigan, Southern Division
JUDITH PERRY, ERIN LANE, SUHAIMA CHOUDHURY, and AIMEE DOOLING, Plaintiffs,
RANDSTAD GENERAL PARTNER (US) LLC, Defendant.
OPINION AND ORDER
JOHN CORBETT O'MEARA, District Judge.
Before the court are Plaintiffs' motion for conditional certification, Plaintiffs' motion to strike declarations, and Defendant's motion for summary judgment. The court heard oral argument on April 23, 2015, and took the matter under advisement. For the reasons explained below, Defendant's motion is granted in part and denied in part, and Plaintiffs' motions are denied.
Plaintiffs claim that they were mis-classified as exempt from the overtime requirements of the Fair Labor Standards Act by their former employer, Randstad General Partner, LLC. Randstad is a staffing company that recruits employees for its clients. Plaintiffs Judith Perry, Erin Lane, Aimee Dooling, and Suhaima Choudhury worked for Randstad at its branch in Troy, Michigan, which focuses on recruiting and placing temporary employees in various office and administrative positions.
During their employment with Randstad, Plaintiffs worked in several positions: Lane was an Assistant Branch Manager; Lane and Dooling were Account Managers/Senior Account Managers; Perry and Dooling were Staffing Consultants; Perry was a Senior Staffing Consultant; and Choudhury was a Talent Acquisition Specialist. Their base pay ranged from $32, 000 to $48, 125, and they were also eligible for commissions and bonuses. All of the Plaintiffs, except Choudhury, were classified as exempt. Choudhury was classified as non-exempt, but contends that no one ever informed her of this or permitted her to claim overtime hours.
A. Account Manager/Senior Account Manager
Lane and Dooling were Account Managers and Lane became a Senior Account Manager. Account Managers and Senior Account Managers were responsible for recruiting and managing employees for Randstad's national clients. The clients communicated their staffing needs to the Account Managers, who recruited, interviewed, and placed temporary employees with those clients. Account Managers emphasized finding the candidates who were the best "fit" for a particular position and client. In addition to recruiting, Account Managers handled the hiring and management of the employees they placed, including addressing any client concerns about "fit, " and coaching, counseling, and disciplining the employees.
B. Assistant Branch Manager
Lane served as an Assistant Branch Manager, where she "managed all sales, recruiting and profitability initiatives with the branch, " and "monitored and developed a sales team of three and a recruiting team of two." Def.'s Ex. C at 153-54. Everyone in the branch reported directly to Lane. Id. at 72. Although Lane did not have the authority to hire or fire employees at the branch, she could make recommendations, which would be given considerable weight. Id . 74-75.
C. Staffing Consultant/Senior Staffing Consultant
Perry and Dooling were Staffing Consultants and Perry became a Senior Staffing Consultant. (Perry did not believe her duties were altered as a result of this change.) Staffing Consultants were responsible for finding and servicing new clients, servicing existing clients, and recruiting and interviewing candidates. Their duties were a mix of sales and recruiting. Their recruiting duties were similar to those performed by Account Managers: sourcing candidates, screening candidates by phone, interviewing, and assessing the "best fit" for the client.
D. Talent Acquisition Specialists
Choudhury is in a different position than the other Plaintiffs, in that she was not mis-classified. Choudhury was a Talent Acquisition Specialist. In that position, she recruited and screened candidates, conducted reference checks, and administered assessments to candidates. Randstad classified Talent Acquisition Specialists as non-exempt. Choudhury contends that she was initially offered a position as a exempt employee (Staffing Consultant), but that upon her arrival she was identified as a Talent Acquisition Specialist. Choudhury ...