30 Cited authorities

Myers v. Hertz Corp.
624 F.3d 537 (2d Cir. 2010) Cited 1,260 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"
Zerilli-Edelglass, v. N.Y.C. Transit Authority
333 F.3d 74 (2d Cir. 2003) Cited 767 times
Holding that this Court will review for abuse of discretion a district court's decision to deny a plaintiff's request for equitable tolling of a filing deadline
Hoffmann v. Sbarro, Inc.
982 F. Supp. 249 (S.D.N.Y. 1997) Cited 574 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
McGlone v. Contract Callers, Inc.
867 F. Supp. 2d 438 (S.D.N.Y. 2012) Cited 170 times
Holding that "'the delay caused by the time required for a court to rule on a motion . . . for certification . . . may be deemed an extraordinary circumstance justifying application of the equitable tolling doctrine'" without holding that the delay was "extraordinary"
Trinidad v. Pret a Manger (Usa) Ltd.
962 F. Supp. 2d 545 (S.D.N.Y. 2013) Cited 156 times 3 Legal Analyses
Finding three year limitation period was appropriate for a notice form
Hamadou v. Hess Corp.
915 F. Supp. 2d 651 (S.D.N.Y. 2013) Cited 157 times
Finding that declarations of two plaintiffs, combined with testimony of managers and timesheets, were sufficient to infer common practice at defendants' gas stations in two boroughs
Sanchez v. JMP Ventures, L.L.C.
13 Civ. 7264 (KBF) (S.D.N.Y. Jan. 27, 2014) Cited 91 times 1 Legal Analyses
Holding that facts such as "where or when these observations or conversations occurred . . . is critical in order for the Court to determine the appropriate scope of the proposed class and notice process"
Mendoza v. Ashiya Sushi 5, Inc.
12 Civ. 8629 (KPF) (S.D.N.Y. Sep. 16, 2013) Cited 83 times
Finding that "the advantages of providing notice regarding potential [discovery] obligations [and costs] outweigh the possibility of dissuading potential plaintiffs" from joining the action, specifically "where parties seek to add only a neutral and non-technical reference to discovery obligations"
Romero v. H.B. Auto. Grp., Inc.
No. 11 Civ. 386 (CM) (S.D.N.Y. May. 1, 2012) Cited 82 times
Finding that a named plaintiff was not similarly situated to the putative opt-ins because she had no FLSA claim
Raniere v. Citigroup Inc.
827 F. Supp. 2d 294 (S.D.N.Y. 2011) Cited 78 times 10 Legal Analyses
Holding the right to collective action cannot be waived
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,874 times 1249 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 16,779 times 143 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 9,034 times 101 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Section 203 - Definitions
29 U.S.C. § 203 Cited 6,971 times 280 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
Section 256 - Determination of commencement of future actions
29 U.S.C. § 256 Cited 931 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
Section 652 - Minimum wage
N.Y. Lab. Law § 652 Cited 366 times 3 Legal Analyses
Raising state minimum wage to $8 per hour effective December 31, 2013, and $8.75 effective December 31, 2014
Section 215 - Penalties and civil action; prohibited retaliation
N.Y. Lab. Law § 215 Cited 238 times 2 Legal Analyses
Prohibiting retaliation

Lira v. Eagle Open Kitchen, LLC et al

30 Cited authorities

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 this Court will review for abuse of discretion a district court's decision to deny a plaintiff's request for equitable tolling of a filing deadline

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 "'the delay caused by the time required for a court to rule on a motion . . . for certification . . . may be deemed an extraordinary circumstance justifying application of the equitable tolling doctrine'" without holding that the delay was "extraordinary"

Finding three year limitation period was appropriate for a notice form

Finding that declarations of two plaintiffs, combined with testimony of managers and timesheets, were sufficient to infer common practice at defendants' gas stations in two boroughs

Holding that facts such as "where or when these observations or conversations occurred . . . is critical in order for the Court to determine the appropriate scope of the proposed class and notice process"

Finding that "the advantages of providing notice regarding potential [discovery] obligations [and costs] outweigh the possibility of dissuading potential plaintiffs" from joining the action, specifically "where parties seek to add only a neutral and non-technical reference to discovery obligations"

Finding that a named plaintiff was not similarly situated to the putative opt-ins because she had no FLSA claim

Holding the right to collective action cannot be waived

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”

Asking only whether the alleged inequality resulted from “any other factor other than sex”

Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

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

Raising state minimum wage to $8 per hour effective December 31, 2013, and $8.75 effective December 31, 2014

Prohibiting retaliation