Co-authored by Abad Lopez and Noah Finkel
Despite the lenient standard employed by many courts on motions for conditional certification, a federal judge in Pennsylvania recently denied conditional certification of an FLSA collective action based on scant factual support. In Moore v. PNC Bank, N.A. [here], the court concluded that the plaintiff could not bring her claim as a collective … Continue Reading
Co-authored by Brett Bartlett and Kevin Young
This week, a federal judge in the Southern District of New York confirmed that an FLSA plaintiff cannot win certification of a sweeping collective action by talking only about himself.
In Ikikhueme v. Culinart, Inc., [here] a Sous Chef originally sought to represent a class of all food services employees, not just … Continue Reading
Co-authored by Arthur J. Rooney and Jeremy W. Stewart
When should a tipped employee no longer be treated as a tipped employee? Plaintiffs’ lawyers argue that restaurants cannot utilize the tip credit, or pay tipped employees a sub-minimum wage, if tipped employees perform any “non-tipped” duties, such as washing dishes or taking out the trash. Earlier this week, a District … Continue Reading