42 Cited authorities

Hoffmann-La Roche Inc. v. Sperling
493 U.S. 165 (1989) Cited 3,026 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 1,224 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
Damassia v. Duane Reade, Inc.
250 F.R.D. 152 (S.D.N.Y. 2008) Cited 215 times 1 Legal Analyses
Holding that class and collective actions "'are mutually exclusive,' so suits seeking relief under the FLSA may proceed only through a collective action, and not a class action" (quoting Lachapelle v. Owens-Illinois, Inc., 513 F.2d 286, 289 (5th Cir. 1975))
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
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
Cunningham v. Electronic Data Systems Corp.
754 F. Supp. 2d 638 (S.D.N.Y. 2010) Cited 116 times
Finding that "employees in a given job progression are similarly situated to each other"
Patton v. Thomson Corp.
364 F. Supp. 2d 263 (E.D.N.Y. 2005) Cited 122 times
Holding that a magistrate judge may order conditional certification and class notice under FLSA, and distinguishing a motion for class certification under Rule 23
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,135 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 216 - Penalties
29 U.S.C. § 216 Cited 16,462 times 141 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,229 times 128 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
Section 256 - Determination of commencement of future actions
29 U.S.C. § 256 Cited 917 times 2 Legal Analyses
Providing that an opt-in plaintiff's action commences, for purposes of the limitations period, when he files his written consent to join

Heitzenrater v. Officemax, Incorporated et al

42 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 that class and collective actions "'are mutually exclusive,' so suits seeking relief under the FLSA may proceed only through a collective action, and not a class action" (quoting Lachapelle v. Owens-Illinois, Inc., 513 F.2d 286, 289 (5th Cir. 1975))

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

Finding that "employees in a given job progression are similarly situated to each other"

Holding that a magistrate judge may order conditional certification and class notice under FLSA, and distinguishing a motion for class certification under Rule 23

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"

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

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Providing that an opt-in plaintiff's action commences, for purposes of the limitations period, when he files his written consent to join