The following e-filed documents, listed by NYSCEF document number (Motion 002) 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 were read on this motion to/for ORDER MAINTAIN CLASS ACTION. DECISION + ORDER ON MOTION In March 2022, plaintiff Lucenia Esposito commenced this Labor Law class action against corporate defendants Hair Bar NYC, Inc. and Hair Bar NYC Delray Beach, Inc. and individual defendant Beny Molayev. As a former employee who worked as a stylist at Hair Bar NYC, plaintiff alleges that Molayev owns and operates four New York salons as part of a single integrated enterprise and that wage/leave policies at these salons violate several provisions of the New York Labor Law and Family Medical Leave Act (hereinafter, “FMLA”). In this motion sequence (002), plaintiff moves pursuant to CPLR 901 and 902 for class certification. The proposed class consists of “all non-exempt employees that were employed by Defendants at any of their salons ‘Hair Bar NYC’ at any time between March 24, 2016, and the present.” (NYSCEF doc. no. 35, proposed notice to class.) For the following reasons, plaintiff’s motion is granted. BACKGROUND On September 16, 2021, plaintiff began her employment as an Assistant Hair Stylist at the Hair Bar NYC salon located at 180 Lafayette St., New York, New York. (NYSCEF doc. no. 2 at 24, complaint.) Defendants scheduled her to work four days per week, from 9:45 a.m. to 7:00 p.m. for a total of 37 hours per week. (Id. at 26.) Nonetheless, she alleges that defendants required her to arrive early and stay late, time for which she was not compensated. (NYSCEF doc. no. 36 at 4, plaintiff affidavit.) For scheduled work, defendants paid her a $100 daily flat rate per day, averaging approximately $10.81 per hour. (NYSCEF doc. no. 2 at 27.) During her employment, plaintiff alleges that defendants paid below the basic minimum wage, even after accounting for wages supplemented by tips. (Id. at 33.) Nonetheless, defendants (1) took a tip credit, (2) did so even though she engaged in non-tipped work for approximately 95 percent of the total hours she worked each week, (3) failed to provide her with notice of the amount of the credit, and (4) failed to provide her with proper wage statements reflecting payments to her and the tip credit taken. (Id. at 29; NYSCEF doc. no. 36 at
