FLSA; collective action; misclassifciation; overtime; conditional certification

Authored by Cheryl Luce

Seyfarth Synopsis: Tipped workers who didn’t receive notice of the tip credit get a win under New York state minimum wage law in a case that echoes technical traps we have seen in FLSA decisions.

Throughout the year, we have been covering cases that show how the FLSA has been construed by courts as “remedial


Continue Reading Extra Credit: Franchise Restaurant Workers Clear Path to Massive Payout on Technicality Under New York Law

SDNY.jpgCo-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


Continue Reading New York Court Rules Sous Chef’s Conditional Certification Motion Should Have Been Meatier