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)
NY Courts & The Fair Labor Standards Act
Strategies for Defense of FLSA Collective Actions
The blog "NY Courts & The Fair Labor Standards Act," published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal developments and court decisions related to the Fair Labor Standards Act (FLSA) and associated labor and employment issues in New York. It covers topics such as collective and class action certification under the FLSA and Equal Pay Act, employer obligations regarding overtime pay and recordkeeping, procedural aspects of wage and hour litigation, and the interplay between federal and state labor laws. The blog also discusses court rulings on employer communications with employees in collective actions and the status of opt-in plaintiffs in multi-claim lawsuits.
Blog Authors
Latest from NY Courts & The Fair Labor Standards Act
Court Grants Conditional Certification Of Equal Pay Act Collective, But Denies Equitable Tolling To Claims Of Opt-In Plaintiffs
By Brian Murphy
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…
Court Denies Employer Summary Judgment Against FLSA Overtime Claims Despite Plaintiffs’ Failure To Properly Report Overtime In Accordance With Established System
By Brian Murphy
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).…
Court Grants Conditional Certification of FLSA Collective and Comments on Permissibility of Certain Communications Between Defense Counsel, Employers and Putative Class/Collective Members
By Brian Murphy
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…
Court Confirms that Opt-In Plaintiffs are Party to State Law Claims
By Brian Murphy
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…
Court Authorizes Expansive Notice for Conditionally Certified Collective
By Brian Murphy
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…
Court Largely Denies Motion to Dismiss Overtime Claims Under FLSA and NYLL
By Brian Murphy
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.…
Court Denies Conditional Certification of Collective in Favor of Compelling Arbitration
By Brian Murphy
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…
Court Grants Class Certification to Analytics Representatives with Respect to Overtime Claims Under New York Labor Law
By Brian Murphy
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.…
Court Grants Motion for Summary Judgment Against Individual Defendant Imposing “Employer” Liability on Company Owner
By Brian Murphy
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…