Category Archives: Class/Collective Certification

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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 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 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 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

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
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