various call centers demonstrate that Qwest has a national practice of violating the FLSA. The existence of a written policy dictating overtime pay is one factor weighing against conditional certification. West, 2006 WL 1892527, at *9. However, at this early stage of litigation, the mere fact that Qwest has a written policy does not defeat Plaintiffs’ motion in light of Plaintiffs’ countervailing evidence of a centralized policy to not pay overtime. 4. Number of Plaintiff Affidavits Defendants also claim that Plaintiffs have not identified a widespread, common policy in violation of the FLSA. They assert that declarations from 19 individual employees out of a pool of approximately 8,000 individuals, or less than 1%, do not establish a common scheme. Cf. West, 2006 WL 1892527, at *6 (<HOLDING>). Also, Defendants note, Plaintiffs have only
holding purchase of a policy or multiple policies covering a class of employees offers substantial evidence that a plan has been established holding districtwide class certification not appropriate where the claims were based on oral conversations in which store managers allegedly deviated from company policy holding that affidavits from 25 of the potential class did not support the plaintiffs assertion of widespread violations resulting from a common policy or plan where allegation was that individual managers required employees to work offtheclock holding that employers policy which required employee to work without pay in violation of federal law was unreasonable and employees refusal to comply was not misconduct holding that if the review committee was unaware of district managers agebased animus and acted as the conduit of the managers prejudice  his cats paw  then innocence of the members would not spare the company from liability