In Williams v. The Bethel Springvale Nursing Home, the Court denied a motion for summary judgment seeking dismissal of overtime claims under the FLSA and denied a contemporaneous motion for decertification of a collective. See 14-CIV-9383 (NSR) (S.D.N.Y. Sept. 12,
NY Courts & The Fair Labor Standards Act
Strategies for Defense of FLSA Collective Actions
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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…
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…
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.…
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…
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.…
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,…
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…
Court Refuses to Approve FLSA Settlement, Reminding Employers About Overreaching Agreements and the Scrutiny that will be Applied in Seeking Approval
In Flores v. Hill Country Chicken NY, LLC, the Court refused to approve a settlement jointly sought by the Defendant and Plaintiffs. See No. 16-CIV-2916 (AT) (HBP) (S.D.N.Y. Aug. 11, 2017). The Court refused to approve the settlement on various…
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,…