Category Archives: Miscellaneous

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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 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

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