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MYERS v. HERTZ CORP.

Docket No. 08-1037-cv.

624 F.3d 537 (2010)

Jennifer MYERS, Plaintiff-Appellant, v. The HERTZ CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 27, 2010.

Attorney(s) appearing for the Case

Robert J. Stein III, William M. Hensley, Adorno Yoss Alvarado & Smith, Santa Ana, CA; Stephen T. Rodd, Stephanie Amin-Giwner, Orin Kurtz, Abbey Spanier Rodd & Abrams, LLP, New York, NY, for Plaintiff-Appellant Jennifer Myers.

Frank B. Shuster, Constangy, Brooks & Smith, LLC, Atlanta, GA; Kenneth W. DiGia, Epstein Becker & Green, P.C., New York, NY, for Defendant-Appellee The Hertz Corporation.

Before: POOLER, HALL, and LIVINGSTON, Circuit Judges.

DEBRA ANN LIVINGSTON, Circuit Judge:

In this procedurally convoluted case, plaintiffs seek overtime wages they contend they were unlawfully denied by their employer. The plaintiffs apparently initially intended this case to be a nationwide "collective action" under § 216(b) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(b), through which employees seeking to recover under FLSA's substantive provisions may assert claims on behalf of other "similarly...

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