Adkins v. Mid-American Growers, Inc.

OPINION AND ORDER

NORGLE, District Judge:

Before the court are cross-motions for summary judgment. For reasons that follow, the court denies both motions.

FACTS

This litigation arises from a dispute over overtime wages a class of hourly workers at defendant Mid-American Growers, Inc.’s (“Mid-American”) greenhouse claim they are entitled under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”). Harold Adkins filed the action as a representative suit under § 216(b) of FLSA and, after a number of parties opted in the suit, that is how the ease has proceeded. 1

Mid-American owns and…