Brian Murphy

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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 … 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) … 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 … 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 … 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 … 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 … 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 … 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 … Continue Reading

Court Denies Motion for Conditional Certification Based Upon Deficient Allegations, Reminding Employers of the Value of Testing the Sufficiency of Allegations

In Huertero-Morales v. Raguboy Corp., the Southern District denied a motion for conditional certification of a collective action consisting of various restaurant workers paid on an hourly basis. See No. 17-CIV-2429 (JCF) (S.D.N.Y. Sept. 12, 2017). The plaintiff alleged that he and other workers were required to work off-the-clock and that they participated in an … Continue Reading

Court Confirms Report & Recommendation Decertifying FLSA Collective of Assistant Managers

In McEarchen v. Urban Outfitters, Inc., the Hon. Roslynn Mauskopf confirmed a report and recommendation from the Hon. James Orenstein decertifying a conditionally certified FLSA collective of Assistant Managers who claimed that they had been misclassified as exempt. See 13-CV-3569 (RRM) (JO) (E.D.N.Y. Sept. 6, 2017). The plaintiffs did not file any objections to the … Continue Reading

Court Highlights The Expansive Definition Of “Employer” Under The FLSA In Imposing Individual Liability On Restaurant Owner

In Pineda v. Frisolino, Inc. and Peter Migliorini, the Court issued an opinion and order setting forth its conclusions of law following a four-day bench trial into claims of unpaid wages under the FLSA and NYLL. See 15-CIV-3774 (GBD) (S.D.N.Y. Aug. 29, 2017). Of particular note was the Court’s determination that the restaurant’s owner qualified … Continue Reading

Southern District Declines to Consider Declarations Proffered by Employer in Granting Rule 23 Class Certification Of NYLL Claims

In Benavides v. Serenity Spa NY, Inc., the Court granted the plaintiffs’ motion for class certification of their minimum wage and overtime claims under the New York Labor Law (“NYLL”). See No. 15-CV-9189 (JLC) (S.D.N.Y. Sept. 1, 2017). In so doing, the Court declined to consider the declarations of five employees submitted by the employer … Continue Reading

Court Refuses To Approve Unopposed Motion Seeking Preliminary Approval Of Settlement of FLSA And NYLL Claims Based Upon Overbroad Release Provision

In Sandoval v. Philippe North American Restaurants, LLC, the Southern District refused to grant preliminary approval to an unopposed settlement seeking to resolve FLSA and NYLL claims directed at allegedly unpaid wages, illegal retained tips, and “spread of hours” pay. See 16-CV-0615 (VSB) (S.D.N.Y. Aug. 31, 2017). The Court based its decision on what it … Continue Reading

Court Approves $342,500 Settlement On Behalf of 82 Tipped Food Service Workers

In Surdu v. Madison Global, LLC, the Court approved a $342,500 settlement on behalf of approximately 82 current and former employees of Nello Restaurant, who had worked as servers, bussers, runners and bartenders. See No. 15-CIV-6567 (HBP) (S.D.N.Y. Sept. 1, 2017). The plaintiffs alleged violations of the FLSA and NYLL arising from allegedly unpaid minimum … Continue Reading

Court Grants Motion for Conditional Certification Of An FLSA Collective Based Upon Single Affidavit That Was Contradicted By Deposition Testimony

In Galicia v. 34th Street Coffee Shop, Inc., the Court conditionally certified a collective FLSA action on behalf of restaurant workers contending that they were not paid minimum wages and overtime. See No. 16-CIV-1170 (RWS) (S.D.N.Y. Aug. 30, 2017). The decision highlights the almost non-existent burden a plaintiff faces on such a motion.… Continue Reading

Court Approves $95,000 Settlement Limited to Seven Named Plaintiffs

In Chandler v. Total Relocation Services, LLC, the Court approved a settlement between moving company and its mover/driver plaintiffs who alleged claims for unpaid wages under the FLSA and New York Labor Law. See No. 15-CIV-6791 (HBP) (S.D.N.Y. Aug. 2, 2017). The settlement was reached prior to conditional certification, and thus consisted only of the … Continue Reading

Southern District of New York Arms Employers With Argument To Defeat Potentially Duplicative FLSA Collective Action Litigation

In Shucker v. Flowers Foods, Inc., et al., the Southern District of New York denied a motion for conditional certification of an FLSA collective advanced by a group of delivery persons contending that they were misclassified as independent contractors, rather than employees. See No. 16-CV-3439 (KMK) (S.D.N.Y. Aug. 24, 2017). The Court found that the … Continue Reading

Court Partially Grants Motion for Collective Certification, But Finds Common Ownership of Restaurants Insufficient Basis to Extend Certification to All Restaurants

In Perez v. La Abundancia Bakery & Restaurant, Inc., the Eastern District of New York partially granted a motion to conditionally certify an FLSA collective action consisting of a group of restaurant workers who alleged they were not paid the minimum wage or overtime. See No. 17-CV-0656 (RLM) (E.D.N.Y. Aug. 4, 2017).… Continue Reading

Southern District of New York Emphasizes Specificity of Allegations Necessary for FLSA Complaint to Survive Motion to Dismiss

In Murray v. City of New York, the Department of Homeless Services (“DHS”) was faced with a suit alleging a variety of FLSA claims advanced by eleven plaintiffs. See No. 16-CV-8072 (PKC) (S.D.N.Y. Aug. 16, 2017). DHS moved against the Complaint arguing that certain individual plaintiffs failed to sufficiently allege that they were denied differential … Continue Reading
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