Court Decertifies FLSA Collective Alleging Claims for Unpaid Overtime

In Lynch v. The City Of New York, the Southern District of New York decertified a conditionally certified FLSA collective of thirty Administrative Associates alleging, primarily, that they were not paid overtime for all hours worked. See No. 16-CV-5677 (KBF) (S.D.N.Y. Oct. 27, 2017). The Court’s decision hinged on the variation in facts necessary to establish an element of each plaintiff’s claim: whether the City had actual or constructive knowledge of the allegedly unpaid work. Continue Reading

Court Grants Conditional Certification Of Equal Pay Act Collective, But Denies Equitable Tolling To Claims Of Opt-In Plaintiffs

In Knox v. John Varvatos Enterprises, Inc., the Southern District of New York granted a Section 216(b) motion for conditional certification of an Equal Pay Act (“EPA”) collective consisting of female sales associates contending that their employer discriminatorily awarded a $12,000 annual clothing allowance to male employees but not female employees. See No. 17-CIV-772 (GHW) (GWG) (S.D.N.Y. Oct. 17, 2017). However, the Court declined to grant that aspect of the motion that sought equitable tolling of the claims of potential opt-in plaintiffs. Continue Reading

Court Denies Employer Summary Judgment Against FLSA Overtime Claims Despite Plaintiffs’ Failure To Properly Report Overtime In Accordance With Established System

In Perez v. City of New York, the City moved for summary judgment against a variety of FLSA claims advanced by a collective of Associate Urban Park Rangers related to unpaid wages. See No. 12-CIV-4914 (PAE) (S.D.N.Y. Sept. 27, 2017). The Court granted the motion in part and denied it in part ruling on a plethora of issues including the applicable statute of limitations, allegations of willfulness, and applicable tolling. However, one aspect – its denial of summary judgment as to overtime claims where plaintiffs failed to utilize the City’s overtime reporting mechanisms – merits particular attention. Continue Reading

Court Grants Conditional Certification of FLSA Collective and Comments on Permissibility of Certain Communications Between Defense Counsel, Employers and Putative Class/Collective Members

In Cabrera v. Stephens, the Eastern District of New York conditionally certified an FLSA collective of 7-Eleven workers who alleged that their time records were manipulated and that they were not appropriately paid for all hours worked. See No. 16-CV-3234 (ADS) (SIL) (E.D.N.Y. Sept. 28, 2017). The motion for conditional certification was accompanied by a motion to strike declarations submitted by the employer of putative class/collective members who contended that they had been appropriately paid for all hours worked. The plaintiffs alleged they had been obtained under coercive circumstances. The motion provided the Court with an opportunity to outline the permissible scope of employer and/or defense counsel communications with putative class/collective members. Continue Reading

Court Confirms that Opt-In Plaintiffs are Party to State Law Claims

In Ramirez-Marin v. JD Classic Builders Corp., the Court addressed a procedurally esoteric question: can a named-plaintiff assert state law claims on behalf of persons who filed “opt-in consents” to participate in the FLSA portion of an action? The Court confirmed that opt-in plaintiffs, upon filing a consent, are deemed to assert all claims contained in the action. See No. 16-CV-5584 (E.D.N.Y. Sept. 30, 2017). Continue Reading

Court Authorizes Expansive Notice for Conditionally Certified Collective

In Lopes v. Heso, Inc., the Eastern District of New York addressed four discrete legal issues related to the dissemination of a notice to putative members of a conditionally certified collective. See No. 16-CV-6796 (MKB) (RML). Specifically, at the request of the parties, the Court addressed: (i) whether the notice should cover a three- or six-year period; (ii) the proper date for calculating the look back period; (iii) whether the employer would be required to post a copy of the notice in the workplace; and (iv) whether a reminder notice would be sent to the original recipients. The Court took a particularly expansive approach with respect to each issue and departed from authority suggesting a more narrow approach. Continue Reading

Court Largely Denies Motion to Dismiss Overtime Claims Under FLSA and NYLL

In Lawtone-Bowles v. City of New York, the Southern District of New York granted in part, and denied in part, a Rule 12(b) motion to dismiss overtime claims advanced under the FLSA and New York Labor Law (“NYLL”). See No. 16-CV-4240 (AJN) (Sept. 22, 2017).

The plaintiffs worked for the Department of Homeless Services as Motor Vehicle Operators responsible for transporting homeless persons to temporary housing placements, train stations, and airports. The plaintiffs were generally scheduled for give shifts of eight hours and thirty minutes each week, with thirty minutes automatically deducted for uncompensated meal periods each day. They contended that they were not paid appropriate overtime because they often worked through their meal periods and the City failed to include their “night shift differential pay” when calculating the amount of overtime they were due. Continue Reading

Court Denies Conditional Certification of Collective in Favor of Compelling Arbitration

In Chen v. Kyote Sushi, Inc., the Court denied a motion for conditional certification of an FLSA collective in favor of compelling arbitration on an individual basis. See No. 15-CV-7398 (DLI) (JO) (E.D.N.Y. Sept. 22, 2017). The Chen plaintiffs alleged a variety of claims for unpaid wages and contended that they should be permitted to pursue their claims in court despite each having executed arbitration agreements that required arbitration of a variety of claims, including those arising under the FLSA, on an individual basis. The plaintiffs alleged that the arbitration agreements were invalid insofar as they were individually called into a manager’s office to sign them under duress and with the threat of termination and that they did not understand what, exactly, it was that they were signing. Continue Reading

Court Grants Class Certification to Analytics Representatives with Respect to Overtime Claims Under New York Labor Law

In Roseman v. Bloomberg L.P., the Southern District of New York granted a Rule 23 motion for class certification of the New York Labor Law (“NYLL”) overtime claims brought by a class of Analytics Representative. See No. 14-CV-2657 (DLC) (S.D.N.Y. Sept. 21, 2017). Analytics Representatives were responsible for assisting users of Bloomberg Terminals, a computer software system which allows clients to access and analyze financial data. They contended that their duties were ministerial in nature and did not meet the requirements for the administrative exemption from overtime under the NYLL. Continue Reading

Court Grants Motion for Summary Judgment Against Individual Defendant Imposing “Employer” Liability on Company Owner

In Landaverde v. Dave Murray Construction & Design, Inc., the Court granted summary judgment in favor of plaintiffs imposing individual liability on the owner of the defendant company under the FLSA. See 15-CV-5379 (E.D.N.Y. Sept. 11, 2017). The Court granted liability as against the individual owner of the company and provided a helpful summary of the current state of the law. Continue Reading


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