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, 2017). The plaintiffs alleged violations of the FLSA and NYLL arising from allegedly unpaid minimum wages, misappropriated gratuities, uniform purchase and maintenance costs, and inaccurate wage statements.
Continue Reading Court Approves $342,500 Settlement On Behalf of 82 Tipped Food Service Workers
NY Courts & The Fair Labor Standards Act
Strategies for Defense of FLSA Collective Actions
Latest from NY Courts & The Fair Labor Standards Act - Page 2
Court Grants Motion for Conditional Certification Of An FLSA Collective Based Upon Single Affidavit That Was Contradicted By Deposition Testimony
By Brian Murphy
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 decision highlights the almost non-existent burden a plaintiff faces on such a motion.
Continue Reading Court Grants Motion for Conditional Certification Of An FLSA Collective Based Upon Single Affidavit That Was Contradicted By Deposition Testimony
Court Refuses to Approve FLSA Settlement, Reminding Employers About Overreaching Agreements and the Scrutiny that will be Applied in Seeking Approval
By Brian Murphy
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 grounds.
Continue Reading Court Refuses to Approve FLSA Settlement, Reminding Employers About Overreaching Agreements and the Scrutiny that will be Applied in Seeking Approval
Court Approves $95,000 Settlement Limited to Seven Named Plaintiffs
By Brian Murphy
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, 2017). The settlement was reached prior to conditional certification, and thus consisted only of the seven Named Plaintiffs.
Continue Reading Court Approves $95,000 Settlement Limited to Seven Named Plaintiffs
Southern District of New York Arms Employers With Argument To Defeat Potentially Duplicative FLSA Collective Action Litigation
By Brian Murphy
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 Southern District of New York Arms Employers With Argument To Defeat Potentially Duplicative FLSA Collective Action Litigation
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 minimum wage or overtime. See No. 17-CV-0656 (RLM) (E.D.N.Y. Aug. 4, 2017).
Continue Reading Court Partially Grants Motion for Collective Certification, But Finds Common Ownership of Restaurants Insufficient Basis to Extend Certification to All Restaurants
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 Complaint arguing that certain individual plaintiffs failed to sufficiently allege that they were denied differential pay for nightshift work.
Continue Reading Southern District of New York Emphasizes Specificity of Allegations Necessary for FLSA Complaint to Survive Motion to Dismiss