Judge Conditionally Certifies FLSA Collective For Some New Mexico Denny’s Servers

Mealey's (February 9, 2021, 12:57 PM EST) -- ALBUQUERQUE, N.M. — A federal judge in New Mexico on Feb. 5 conditionally certified a collective for servers who work at some Denny’s franchise locations in New Mexico who complain that the managers violated the Fair Labor Standards Act (FLSA) and New Mexico Minimum Wage Act (NMMWA) by implementing illegal wage policies but found that the plaintiffs were unable to sufficiently allege that similar illegal conduct occurred at Denny’s locations owned by the defendants outside of the state....