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
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.
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Court Partially Grants Motion for Collective Certification, But Finds Common Ownership of Restaurants Insufficient Basis to Extend Certification to All Restaurants
By Brian Murphy
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…
Southern District of New York Emphasizes Specificity of Allegations Necessary for FLSA Complaint to Survive Motion to Dismiss
By Brian Murphy
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…