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 proposed collective was largely duplicative of other, already-formed collectives, in cases pending in the District of Vermont and the Eastern District of Pennsylvania against the same defendants. 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 pay for nightshift work. Continue Reading


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