40 Cited authorities

Hoffmann-La Roche Inc. v. Sperling
493 U.S. 165 (1989) Cited 3,025 times 19 Legal Analyses
Holding that district courts have discretion to implement § 216(b)
Myers v. Hertz Corp.
624 F.3d 537 (2d Cir. 2010) Cited 1,223 times 7 Legal Analyses
Holding that district courts have the discretion to certify a collective action by facilitating notice to potential plaintiffs of the "pendency of the action and of their opportunity to opt-in as represented plaintiffs"
Morgan v. Family Dollar
551 F.3d 1233 (11th Cir. 2008) Cited 914 times 8 Legal Analyses
Holding that sufficient evidence supported jury's determination that Family Dollar Store Managers were nonexempt employees
Hoffmann v. Sbarro, Inc.
982 F. Supp. 249 (S.D.N.Y. 1997) Cited 564 times
Holding there is “no question, therefore, that plaintiffs have shown a factual nexus between their situation and the situation of other current and former” employees where defendant admitted it had a uniform policy regarding them all
Whitehorn v. Wolfgang's Steakhouse Inc.
767 F. Supp. 2d 445 (S.D.N.Y. 2011) Cited 254 times
Holding similar
Adams v. Inter-Con Sec. Systems, Inc.
242 F.R.D. 530 (N.D. Cal. 2007) Cited 211 times
Holding equitable tolling appropriate where defendant deliberately delayed in providing contact list
Winfield v. Citibank, N.A.
10 Civ. 7304 (JGK) (S.D.N.Y. Jan. 27, 2012) Cited 179 times 1 Legal Analyses
Finding it permissible to extend notice period to six years for class members employed in New York that may have NYLL claims
Fasanelli v. Heartland Brewery, Inc.
516 F. Supp. 2d 317 (S.D.N.Y. 2007) Cited 190 times
Finding that declarations of nine employees, including plaintiff, was sufficient to infer common off-the-clock policies
Young v. Cooper Cameron Corp.
229 F.R.D. 50 (S.D.N.Y. 2005) Cited 178 times
Finding that at the preliminary certification stage, "the focus of th[e] inquiry [] is not on whether there has been an actual violation of law but rather on whether the proposed plaintiffs are 'similarly situated'"
Creely v. Hcr Manorcare Inc.
789 F. Supp. 2d 819 (N.D. Ohio 2011) Cited 134 times 1 Legal Analyses
Finding that "the Court is not swayed by [the employer's] submission of thirty-five 'happy camper' affidavits
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,111 times 1237 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 201 - Short title
29 U.S.C. § 201 Cited 21,014 times 103 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,456 times 141 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 255 - Statute of limitations
29 U.S.C. § 255 Cited 4,553 times 8 Legal Analyses
Recognizing that not all FLSA wage and overtime claims are willful
Section 785.13 - Duty of management
29 C.F.R. § 785.13 Cited 165 times 10 Legal Analyses
Placing an affirmative duty on employers to oversee employees, and not rely on a promulgated rule only

Amador v. Morgan Stanley & Co. LLC

40 Cited authorities

Holding that district courts have discretion to implement § 216(b)

Holding that district courts have the discretion to certify a collective action by facilitating notice to potential plaintiffs of the "pendency of the action and of their opportunity to opt-in as represented plaintiffs"

Holding that sufficient evidence supported jury's determination that Family Dollar Store Managers were nonexempt employees

Holding there is “no question, therefore, that plaintiffs have shown a factual nexus between their situation and the situation of other current and former” employees where defendant admitted it had a uniform policy regarding them all

Holding similar

Holding equitable tolling appropriate where defendant deliberately delayed in providing contact list

Finding it permissible to extend notice period to six years for class members employed in New York that may have NYLL claims

Finding that declarations of nine employees, including plaintiff, was sufficient to infer common off-the-clock policies

Finding that at the preliminary certification stage, "the focus of th[e] inquiry [] is not on whether there has been an actual violation of law but rather on whether the proposed plaintiffs are 'similarly situated'"

Finding that "the Court is not swayed by [the employer's] submission of thirty-five 'happy camper' affidavits

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Setting fourteen as the minimum age for most non-agricultural work

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Recognizing that not all FLSA wage and overtime claims are willful

Placing an affirmative duty on employers to oversee employees, and not rely on a promulgated rule only