42 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"
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
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
Jackson v. Bloomberg, L.P.
13 Civ. 2001 (JPO) (S.D.N.Y. Mar. 19, 2014) Cited 163 times 1 Legal Analyses
Holding that "[t]he delay required to decide a motion may warrant equitable tolling"
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'"
Bowens v. Atlantic Maintenance Corp.
546 F. Supp. 2d 55 (E.D.N.Y. 2008) Cited 136 times
Holding that defendant's general and conclusory objections to the magistrate's report and recommendations were not specific enough to preserve claims for review and thus the purported objections were waived
Rosario v. Valentine Ave. Disc. Store, Co.
828 F. Supp. 2d 508 (E.D.N.Y. 2011) Cited 119 times
Finding that "[a]ffidavits of workers whose employment falls outside the statutory period are probative of employer's wage and hour practices and they may corroborate the claims of more recent violations"
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

Thind v. Healthfirst, Inc. 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 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

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

Holding that "[t]he delay required to decide a motion may warrant equitable tolling"

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'"

Holding that defendant's general and conclusory objections to the magistrate's report and recommendations were not specific enough to preserve claims for review and thus the purported objections were waived

Finding that "[a]ffidavits of workers whose employment falls outside the statutory period are probative of employer's wage and hour practices and they may corroborate the claims of more recent violations"

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

Recognizing that not all FLSA wage and overtime claims are willful