Jose J. Ayala, Jr., et al v. Nissan North America, Inc.

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11027
Non-Argument Calendar
____________________
JOSE J. AYALA, JR.,
JEFF SANTOS,
on behalf of themselves and as representatives
of other class members similarly situated,
Plaintiffs-Appellants,
versus
NISSAN NORTH AMERICA, INC.,
a California corporation, and wholly owned
subsidiary of Nissan Motor Company of Japan,
d.b.a. Nissan USA,
Defendant-Appellee.
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2 Opinion of the Court 23-11027
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 6:20-cv-01625-RBD-RMN
____________________
Before WILSON , L UCK , and A NDERSON , Circuit Judges.
PER CURIAM:
Jose Ayala and Jeff Santos (“Technicians”) appeal the district
court’s denial of their motions for class certification and FLSA col-
lective action and its grant of the Nissan North America’s (“Nis-
san”) motion for summary judgment in this Fair Labor Standards
Act (“FLSA”), 29 U.S.C. § 201, case. On appeal, the Technicians
argue that the district court erred in granting summary judgment
because it failed to consider all admissible record evidence that
they presented. They also argue that the court erred in denying
their motions for collective action1 and class certification.
We review the grant of summary judgment de novo, apply-
ing the same legal standards as the district court. Alvarez v. Royal
Atl. Developers, Inc., 610 F.3d 1253, 1263 (11th Cir. 2010). Summary
judgment is proper if the evidence shows “that there is no genuine
dispute as to any material fact and the movant is entitled to judg-
ment as a matter of law.” Fed. R. Civ. P. 56(a). A factual dispute is
1 The FLSA authorizes collective actions against employers accused of violat-
ing the FLSA. 29 U.S.C.A. § 216(b).
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23-11027 Opinion of the Court 3
genuine “if the evidence is such that a reasonable jury could return
a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 248 (1986). “The mere existence of a scintilla of evi-
dence in support of the plaintiff’s position will be insufficient; there
must be evidence on which the jury could reasonably find for the
plaintiff.” Id. at 252. We review a district court’s § 216(b) certifica-
tion for abuse of discretion. Morgan v. Fam. Dollar Stores, Inc., 551
F.3d 1233, 1260 (11th Cir. 2008). We review the denial of class cer-
tification under Rule 23 for abuse of discretion, reviewing factual
determinations for clear error and legal determinations de novo.
Cherry v. Dometic Corp., 986 F.3d 1296, 1300 (11th Cir. 2021).
We write only for the parties who are already familiar with
the facts. Accordingly, we include only such facts as are necessary
to understand our opinion. Briefly, the Technicians filed suit
against Nissan, alleging violations of the FLSA and the Florida Min-
imum Wage Act (“FMWA”), Fla. Stat. § 448.110, for failure to pay
wages as required by law. They also sought treatment as a collec-
tive action pursuant to the FLSA and as a Class Action pursuant to
Federal Rule of Civil Procedure 23.
Technicians were automotive service employees working at
Florida Nissan dealerships, where they allege they performed vehi-
cle repair and maintenance on behalf of Nissan but allegedly were
not compensated as required by law. Specifically, they point to
Nissan’s Assurance Products Resource Manual (“APRM”) and
Dealership Agreements which determine how much Nissan will
pay dealerships for warranty work conducted by technicians,
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4 Opinion of the Court 23-11027
regardless of how long the work takes. Pursuant to the APRM and
the Dealership Agreements, Nissan agrees with each dealership to
reimburse the dealership according to the “flat-rate” system. Un-
der those contractual arrangements, Nissan and each dealership
agree upon an “approved labor rate” (negotiated with each dealer-
ship). Nissan determines how long each specific repair service usu-
ally takes, the “flat-rate time.” Nissan agrees with each dealership
to reimburse the dealership for warranty work by multiplying the
“flat-rate time” by the “approved labor rate.” The Technicians ar-
gue that—when the warranty work takes longer than the “flat-rate
time” determined by Nissan, thus limiting Nissan’s reimbursement
to the dealership—the result is that they are underpaid by the deal-
ership. The Technicians argue that Nissan is a joint employer,
along with each technicians’ dealership, and thus are also liable for
violations of the FLSA.
Nissan argues, and the district court agreed, that it is not the
joint employer along with the respective dealerships, and thus it
has no liability for any FLSA violations that might have resulted
from the dealerships’ independent decisions with respect to wage
payments to their employees, the Technicians. We address first
this dispositive issue with respect to the Technicians’ challenge to
the district court’s summary judgment ruling, and then their chal-
lenge to the district court’s denial of their motions for collective
action and class certification.
I. Discussion
A. Joint Employer
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The Fair Labor Standards Act provides that an employer is
“any person acting directly or indirectly in the interest of an em-
ployer in relation to an employee,” and that an entity is an em-
ployer if it “suffer[s] or permit[s]” a person to work. 29 U.S.C. §
203(d), (g). To determine whether an entity is an employer “we
ask if, as a matter of economic reality, the individual is dependent
on the entity.” Layton v. DHL Express (USA), Inc., 686 F.3d 1172,
1175 (11th Cir. 2012) (internal quotation marks omitted). Under
the FLSA, a person may have more than one employer as a matter
of economic reality. Id. Whether there is “joint employment . . .
depends upon all the facts in the particular case.” Id. (internal quo-
tation marks omitted). We have developed an eight-factor test that
is guided by five principles for evaluating whether an employment
relationship exists under the Act. Id. at 1176–77.
Those five principles that have guided our use of the factors
are as follows. “First, the question . . . is not whether the worker is
more economically dependent on the independent contractor or
the alleged employer with the winner avoiding responsibility as an
employer;” rather, “the focus . . . must be on each employment
relationship . . . between the worker and the . . . asserted . . . joint
employer.” Id. at 1177 (internal quotation marks omitted) (altera-
tion adopted). Second, no factor controls the outcome. Id. Third,
because the factors “are indicators of economic dependence[,] . . .
the weight of each factor depends on” how probative the factor is
of the worker’s economic dependence on the asserted joint em-
ployer. Id. (internal quotation marks omitted). Fourth, we do not
tally the factors up in a “mathematical formula” to determine the
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6 Opinion of the Court 23-11027
outcome. Id. at 1178 (internal quotation marks omitted). Rather,
“[t]he purpose of weighing the factors is not to place each in either
the contractor or the [alleged employer’s] column, but to view
them qualitatively to assess the evidence of economic dependence,
which may point to both.” Id. at 1176. Fifth, we must focus on
economic dependence and not the common law of employment.
Id. at 1178.
With those principles in mind, we turn to the eight factors.
First, we look to “[t]he nature and degree of control of the work-
ers.” Id. at 1176 (internal quotation marks omitted). Second, we
evaluate “[t]he degree of supervision, direct or indirect, of the
work.” Id. (internal quotation marks omitted). Third, we examine
“[t]he power to determine the pay rates or the methods of payment
of the workers.” Id. (internal quotation marks omitted). Fourth,
we determine whether the asserted joint employer has “[t]he right,
directly or indirectly, to hire, fire, or modify the employment con-
ditions of the workers.” Id. (internal quotation marks omitted).
Fifth, we consider whether the asserted joint employer
“[p]repar[es] [the] payroll and . . . payment of wages.” Id. (internal
quotation marks omitted). Sixth, we consider the “ownership of
the facilities where work occurred.” Id. Seventh, we consider
whether the worker “perform[s] . . . a specialty job integral to the
[asserted joint employer's] business.” Id. Finally, we “evaluate the
relative investments” of the asserted joint employer “in equipment
and facilities” used by the workers. Id.
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The Technicians argue that the district court erred by failing
to consider evidence they submitted. While the court is required
to consider all of the evidence submitted, “[t]he mere existence of
a scintilla of evidence in support of the plaintiff’s position will be
insufficient; there must be evidence on which the jury could rea-
sonably find for the plaintiff.” Anderson, 477 U.S. at 252. Accord-
ingly, we look to their arguments on each factor to assess whether
the district court did indeed fail to consider the evidence.
As a preliminary matter, we note that the district court is
not required to parse the record “‘to search out facts or evidence
not brought to the court’s attention.’” Coquina Invs. v. TD Bank,
N.A., 760 F.3d 1300, 1314 (11th Cir. 2014) (quoting Atlanta Gas Light
Co. v. UGI Utils., Inc., 463 F.3d 1201, 1208 n. 11 (11th Cir. 2006)). In
this case, in their brief before this court, the Technicians cited the
entire APRM (233 pages), Santos’ declaration (22 pages), and
Ayala’s declaration (21 pages) without pinpoint cites to support
their argument on Factor One; we note that they did the same be-
low. See, e.g., Doc. 154 at 11, citing 6 extensive exhibits without
pinpoint cites. Repeatedly throughout the Technicians’ initial
brief, they refer to the APRM or other such documents as contain-
ing evidence that the district court failed to consider, but they have
failed to identify the substantive content thereof. In other words,
with very few exceptions, the Technicians have not identified any
actual substantive evidence that they assert the district court failed
to consider. And, as noted above, neither the district court nor this
Court is required to search these documents to find some favorable
evidence for the Technicians. Indeed, we suspect that they have
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8 Opinion of the Court 23-11027
identified for us the very few favorable items of evidence; our brief
review of the documents supports this.
As mentioned above, there were very few exceptions—i.e.
the Technicians’ brief does identify a few items of substantive evi-
dence that were allegedly ignored by the district court. However,
our careful review of that brief reveals that the very few items of
substantive evidence allegedly ignored that were specifically iden-
tified in that brief were actually recognized explicitly by the district
court—e.g. that the APRM did require “that mechanics clock on to
one project at a time for warranty work,” Dist. Ct. Doc. 194 at 4;
and did “require mechanics to be certified,” id. at 5. Moreover,
contrary to the Technicians’ conclusory assertion that the district
court did not consider the APRM or Dealership Agreements, the
district court expressly recognized the “gravamen” of the Techni-
cians’ argument as Nissan’s “flat-rate system.” Id. at 6. The district
court explained that system, and explained that it determines Nis-
san’s reimbursement to the dealership—not what the dealership
pays its employee, the Technician. The district court explained:
“The amount Nissan pays a dealer for a particular repair is separate
from what the dealer pays the mechanics; indeed, Nissan typically
pays dealers over $100 an hour for warranty work but dealers only
pay the mechanics between $14 and $30 an hour.” Id.
For these reasons, we reject as wholly without merit the
Technicians’ primary argument on appeal—i.e. that the district
court failed to consider relevant evidence. Nevertheless, we
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23-11027 Opinion of the Court 9
proceed to analyze the eight factors for evaluating the joint em-
ployer issue.
The Technicians also argue that the district court improp-
erly weighed the evidence. However, the weighing of the eight
factors is conducted by the court as a question of law.2 As we held
in Aimable v. Long & Scott Farms, 20 F.3d 434 (11th Cir. 1994):
Because the determination of joint employment is a
question of law, . . . we analyze de novo each of the .
. . factors to determine which apply to the present
case as well as to discern the direction in which each
of the relevant factors points.
2 The Technicians also argue, in conclusory fashion, that the district court re-
solved credibility issues and failed to recognize that there were genuine issues
of material fact that should have precluded summary judgment. We reject
this argument as wholly without merit. In their brief to this Court, the Tech-
nicians again fail to identify any subsidiary fact relied upon by the district court
which is disputed; although they assert in conclusory fashion that there are
such disputed facts, they fail to identify them or explain how and why they are
disputed. Also, they fail to identify any subsidiary fact relied upon by the dis-
trict court which they challenge as clearly erroneous. Because the relevant
subsidiary facts in this case are largely contained in written documents, like
the APRM and the Dealership Agreements, they are undisputed. As noted,
the Technicians point to no subsidiary fact, drawn by the district court from
such written documents or otherwise, which is either disputed or clearly erro-
neous.
And, as noted above, the actual weighing of the factors—such as the nature
and degree of control exercised by the alleged joint employer over the techni-
cians—is a question of law for the court to decide.
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10 Opinion of the Court 23-11027
20 F.3d at 440 (internal citation omitted). We proceed now to
weigh the eight factors. As stated above, the eight-factor test is not
a mathematical formula; rather the court is to weigh the factors to
assess the evidence of economic dependence. Layton, 686 F.3d at
1178. We repeat: in the context of the joint employer test, we have
held that the weighing of the factors in the summary judgment
context is a question of law. See, e.g., Martinez-Mendoza v. Champion
Int’l Corp., 340 F.3d 1200, 1204 (11th Cir. 2003); Aimable, 20 F.3d at
436; accord Layton, 686 F.3d at 1175;
1. The nature and degree of control of the workers
We have stated that “[c]ontrol arises . . . when the [pur-
ported joint employer] goes beyond general instructions . . . and
begins to assign specific tasks, to assign specific workers, or to take
an overly active role in the oversight of work.” Aimable, 20 F.3d at
441. “[A]n overly active role in the oversight of work” occurs when
an entity makes decisions like “(1) for whom and how many em-
ployees to hire; (2) how to design the employees’ management
structure; (3) when work begins each day; (4) when the laborers
shall start and stop their work throughout the day; and (5) whether
a laborer should be disciplined or retained.” Layton, 686 F.3d at
1178 (quoting Martinez-Mendoza, 340 F.3d at 1209–10).
In Layton, we rejected the appellant’s evidence of control of
the workers’ days as being abstract control, not the sort of control
exercised by an employer. Id. Specifically, Layton argued that
DHL “dictated what time the packages were available for pick-up
each morning, thereby limiting how early Drivers’ workdays could
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23-11027 Opinion of the Court 11
begin.” Id. Further, “DHL occasionally had erratic pick-up orders
to which Drivers had to respond, resulting in Drivers working
longer hours.” Id. DHL employees also would often inspect the
drivers’ vehicles and uniforms to ensure that they conformed to the
standards specified. Id. at 1174. We reasoned that DHL had certain
objectives that the employer and its drivers were tasked with ac-
complishing but “it did not apportion tasks to individuals, specify
how many individuals should be assigned to each delivery route,
or structure the chain of command among Drivers.” Id. at 1178.
In Amiable, the employees pointed to the putative em-
ployer’s decision making as evidence of control. Specifically, the
alleged employer decided which crops to grow, how much to
plant, and how to grow the plants as well as when and which fields
to harvest; these decisions determined how much work was avail-
able and how many workers thus needed. We rejected this evi-
dence because factor one is “properly limited to specific indicia of
control.” 20 F.3d at 440. The alleged employer did not directly
control the number of employees, hire or fire employees, or select
specific employees for certain jobs. Id.
For the first factor, the Technicians point to several of their
filings below where they cited Nissan’s APRM, which outlines the
technicians’ requirements when completing a work order, directs
the number of vehicles that a technician may work on, and specifies
the requirements for claimed work to be paid. The Technicians
also point to Nissan’s Anomalous Repair Control program,
whereby Nissan could identify specific technicians that performed
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12 Opinion of the Court 23-11027
any anomalous repairs and “seek to provide corrective measures to
prevent any future anomalous repairs,” as evidence of Nissan’s
control. Doc. 153 at 11.
Citing depositions and declarations that discussed the
APRM, the district court found that this factor weighed in favor of
Nissan not being a joint employer. It acknowledged that Nissan
required that the technicians clock into one project at a time for
warranty work and defined the general requirements dealers must
follow to be paid for that warranty work, but found that Nissan did
not handle the hiring, terms of employment, and assignment of
tasks that are required under this factor. We agree. There is noth-
ing in the APRM or other evidence that they cite that supports the
Technicians’ arguments on this factor. All of the strictures in the
APRM are macro in nature and are aimed at ensuring uniformity
and quality in the warranty repairs. Indeed, the nature and degree
of control exercised by Nissan over the Technicians is considerably
less than that found to be insufficient in Layton and Aimable.
2. The degree of supervision, direct or indirect, of the work
We have stated that supervision can be present regardless of
whether orders are communicated directly to the alleged employee
or indirectly through the contractor. Aimable, 20 F.3d at 441. How-
ever, “infrequent assertions of minimal oversight do not constitute
the requisite degree of supervision.” Martinez–Mendoza, 340 F.3d at
1211 (discussing “degree of supervision” factor set forth in Aimable).
In Layton, the drivers argued that DHL managers oversaw
and critiqued the drivers loading their trucks at the DHL
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23-11027 Opinion of the Court 13
warehouse. The managers also audited the drivers’ trucks and uni-
forms to ensure they complied with DHL-imposed standards and
communicated with the drivers via scanners in unusual situations.
We agreed that these constituted a small amount of supervision
but disagreed that these scanners, which gathered information and
sent it to the DHL headquarters at the end of the day, amounted
to supervision. 686 F.3d at 1179. We concluded that the amount
of supervision was insufficient and that this factor did not weigh
strongly in favor of joint employment. Id.
The Technicians combine their discussion of factors one and
two in their filings below and thus their arguments are recounted
above. See Doc. 153 at 9-12; Doc. 169 at 10-13. Again relying on
depositions and declarations, the district court found this factor did
not weigh in favor of joint employment. What the Technicians
point to in the APRM are standards that Nissan required for war-
ranty and service work in order for the dealership to receive reim-
bursement; this does not amount to supervision. While Nissan did
have the Anomalous Repair Control program to determine if any
of the technicians was frequently producing inadequate work, this
was considerably less in scope and frequency than the level of over-
sight seen in Layton and/or Aimable, which we rejected as insuffi-
cient supervision and thus not enough to weigh in favor of joint
employment.
3. The power to determine the pay rates or the methods of
payment of the workers
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The Technicians argue Nissan has the power to determine
their pay rates and compensation through the flat rate program.
They argue that the APRM states that if certain requirements are
not met by the technician, Nissan may chargeback or not approve
warranty claims, which, they argue, affects their earnings. In short,
the Technicians argue that Nissan’s flat-rate program affects what
they are paid.
Although the Technicians baldly claim that the flat rate pro-
gram dictates their pay, they point to no evidence other than their
own conclusory statements that it does. The APRM does not state
this and neither do the bulletins—they merely set the amount Nis-
san will pay the dealers. Conclusory, uncorroborated allegations
by a plaintiff in an affidavit or deposition will not create an issue of
fact for trial sufficient to defeat a well-supported summary judg-
ment motion. Earley v. Champion Int’l Corp., 907 F.2d 1077, 1081
(11th Cir. 1990). Nissan provided evidence that dealerships pay
their technicians separately from the flat-rate program which de-
termines the amount that Nissan reimburses the dealership for
warranty work; it does not determine the wage that the dealership
pays its employee, even if that employee happens to be a technician
working on a warranty job. The dealerships determine the rate
they will pay the technicians. This is how the district court de-
scribed the flat-rate program and the separate, independent pay-
ment of wages to the Technicians by the dealerships. The Techni-
cians have failed to show that these are facts that are either clearly
erroneous or disputed. Accordingly, we agree with the district
court that the undisputed evidence shows that the dealers
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23-11027 Opinion of the Court 15
determined the pay for the Technicians, not Nissan. See Doc. 194
at 6-7.
4. The right, directly or indirectly, to hire, fire, or modify
the employment conditions of the workers
The Technicians argue that Nissan required the mechanics
be certified before performing work and in order to be paid. They
point to the APRM’s classification of different jobs and their specific
duties, and Nissan’s requirements that the dealerships have such
employees and can demand they attend specific training. Through
these means, the Technicians argue that Nissan directly and indi-
rectly controls the hiring of technicians at the dealerships and their
employment conditions.
In Layton, we noted that the only involvement DHL had in
the hiring process was by requiring that all drivers pass a back-
ground check. 686 F.3d at 1179. Additionally, we stated that DHL
decisions that impacted the drivers’ hours was a modification of
their employment conditions. Id. However, we concluded that
this control was insufficient and thus the factor weighed against
joint employment.
Here, there is some involvement in the dealership employ-
ment process because of Nissan’s requirements about qualifica-
tions for the technicians who performed warranty work (although
not for those who did not perform such work). And the required
follow-up training for those warranty-work performing mechanics
does evince some modification of the employment conditions.
However, the dealerships ultimately control the hiring, firing and
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16 Opinion of the Court 23-11027
promotions of the employees as well as the bulk of their employ-
ment conditions. We cannot conclude that Nissan’s involvement
in the employment process with respect to the Technicians is any
more substantial than that held insufficient in Layton and Aimable.
For these reasons, this factor does not weigh in favor of joint em-
ployment.
5. Preparation of the payroll and payment of wages
The Technicians do not contest the district court’s conclu-
sion that because Nissan only occasionally paid the Technicians di-
rectly (via a voluntary incentive program that would simply add
some to the dealership’s core wage), this factor weighed against
finding joint employment but not strongly.
6. Ownership of the facilities where work occurred
“[O]wnership of the [] laborers’ worksite [is] relevant to our
inquiry because ‘without the land, the worker might not have
work, and because a business that owns or controls the worksite
will likely be able to prevent labor law violations, even if it dele-
gates hiring and supervisory responsibilities to labor contractors.’”
Id. at 1180 (quoting Antenor v. D & S Farms, 88 F.3d 925, 937 (11th
Cir. 1996)). In Layton, we rejected the argument that DHL’s sti-
pend to cover maintenance, fuel, and insurance of the employer-
owned vans demonstrated control over the vans. Id.
Here, the Technicians argue that Nissan controls the dealer-
ships even if it does not own them and it even attempts to prevent
labor law violations, although they do not explain how. They ar-
gue that the Dealership Agreement demonstrates control over the
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23-11027 Opinion of the Court 17
location, appearance, layout, equipment, and signage of the deal-
ership, evincing a level of control.
Under Florida law, manufacturers cannot own dealerships.
Fla. Stat. § 320.696. While the Dealership Agreement does contain
the strictures on the dealerships that the Technicians recount re-
garding usage and location, these do not relate to the prevention of
labor law violations. And to the extent that the Agreement does
contain a clause stating the dealerships should comply with all fed-
eral, state, and local laws, this is too general to demonstrate the
type of control that could prevent labor law violations. Thus this
factor weighs against joint employment.
7. Performance of a specialty job integral to the asserted
joint employer’s business
We stated in Layton that:
This factor is derived from Rutherford [Food
Corp. v. McComb], in which the Supreme Court found
that meat boners recruited by a labor contractor to
work at a slaughterhouse were, under the FLSA, joint
employees of the slaughterhouse. 331 U.S. [722,] 729,
67 S. Ct. [1473,] 1476 [1947]. Although the workers
brought their own tools and were labeled as inde-
pendent contractors, see id. at 724–25, 67 S. Ct. at
1474, the Court focused on the fact that the workers
completed one process in the middle of a series of in-
terdependent steps at the slaughterhouse. The facts
led the Court to conclude that the workers “did a spe-
cialty job on the production line” that was “more like
piecework than an enterprise that actually depended
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18 Opinion of the Court 23-11027
for success upon the initiative, judgment or foresight
of the typical independent contractor.” Id. at 730, 67
S. Ct. at 1477. Because the workers were “part of the
integrated unit of production” of the slaughterhouse,
the Court found them to be employees of the estab-
lishment. Id. at 729, 67 S. Ct. at 1476.
686 F.3d at 1180. In the farming context, we have stated that “[t]his
factor is probative of joint employment because a worker who per-
forms a routine task that is a normal and integral phase of the
grower’s production is likely to be dependent on the grower’s over-
all production process.” Antenor, 88 F.3d at 937.
The Technicians assert that their role as Nissan certified and
trained mechanics and Nissan’s advertisements emphasizing their
training shows that they had a specialty job that was integral to
Nissan’s business. Although Nissan touts the training of the tech-
nicians as a selling point for their vehicles, the job that the techni-
cians do is also performed by non-Nissan trained mechanics in gar-
ages outside of the dealerships. Because their job is thus not inte-
gral to the production of the vehicles, this factor does not weigh in
favor of joint employment.
8. The relative investments of the asserted joint employer in
equipment and facilities used by the workers
As we noted in Antenor, we consider this factor because
workers are more likely to be economically dependent on the per-
son who supplies the equipment or the facilities. 88 F.3d at 937. In
Layton we stated that the factor was a wash because the driver’s
employer owned the vans while DHL owned the warehouses
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23-11027 Opinion of the Court 19
where the drivers loaded goods in the vans. 686 F.3d at 1181. Here,
the dealerships are owned by the dealers, not Nissan, and tools
used by the Technicians are owned either by the technicians them-
selves or the dealerships. Payments made by Nissan to the dealer-
ships for warranty services rendered and the provision technical
bulletins and other support for warranty work do not amount to
investment in equipment or facilities. Thus this factor weighs
against joint employment.
Because none of the factors weigh in favor of joint employ-
ment, the district court did not err in finding that Nissan was not a
joint employer of the Technicians. Indeed, the instant case falls far
short of rising to the status of joint employment. The relevant fac-
tors in this case weigh more heavily against joint employment than
in Layton, Martinez-Mendoza, or Aimable. Further, as detailed
above, there is no evidence that the district court ignored the Tech-
nicians’ evidence.
B. FLSA Collective Action/Rule 23 Class Certification
The FLSA authorizes collective actions against employers
accused of violating the FLSA. 29 U.S.C. § 216(b). To maintain a
collective action under the FLSA, plaintiffs must demonstrate that
they are similarly situated. Morgan, 551 F.3d at 1258. Under Rule
23, class certification is appropriate when, among other things,
there are questions of law or fact common to the class.
Fed.R.Civ.P. 23(a).
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20 Opinion of the Court 23-11027
We have rejected the idea that summary judgment in favor
of a defendant on the joint employer issue automatically resolves
the issue of class certification. Martinez-Mendoza, 340 F.3d at 1215-
16. The district court recognized this in its opinion. We do not
think that the court abused its discretion when it held that certifi-
cation of a class action or a collective action was not appropriate.
The putative class members would be employed by different deal-
ers, making the inquiries about their pay highly individualized and
unwieldy. We agree with the district court that the employees of
the several different dealerships would not be similarly situated (as
required for a collective action) and that there would not be suffi-
cient common facts (as required for a class action).
Because we agree with the district court that the facts do not
support a finding that Nissan is a joint employer and because class
certification and collective action would be inappropriate, the judg-
ment of the district court is
AFFIRMED.3
3 The district court also granted summary judgment, rejecting the Techni-
cians’ unjust enrichment claim. We doubt that the Technicians’ initial brief
on appeal fairly raised a challenge to the district court’s ruling in this regard,
but, in any event, we agree with the district court that the Technicians failed
to adduce evidence of a benefit to Nissan from the Technicians as required by
Florida law.
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