OPINION & ORDER Plaintiff Yuefeng Shi, a former deliveryman for corporate Defendant TL & CH Inc. d/b/a Han Sushi (“Han Sushi” or the “Corporate Defendant”) sues Han Sushi and owner/operators Guoyong Chen a/k/a Guo Yong Chen, Quoquing Chen, a/k/a Quo Quing Chen, a/k/a Peter Chen, Jian Xiang Yang, a/k/a/ Jianxiang Yang, and Yi Nen Chen a/k/a Yinen Chen (the “Individual Defendants”). He alleges that Defendants failed to pay Plaintiff and other similarly situated employees at an overtime rate for all hours worked in excess of 40 hours per work week and failed to pay the applicable minimum wage for all hours worked in violation of the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), and New York Labor Law §650 et seq. (“NYLL”). Plaintiff also alleges that Defendants violated the FLSA and NYLL by failing to compensate his out-of-pocket expenses for tools of the trade and by failing to provide a wage notice at time of hire. In April 2020, he amended the complaint to name the Individual Defendants who were previously identified as John Doe 1, John Doe 2, and Peter Doe. See Amended Complaint, ECF No. 40 (“Am. Compl”). Plaintiff moves for conditional certification of a FLSA collective action pursuant to 29 U.S.C. §216(b), for all non-managerial employees of Defendants employed from September 12, 2016, three years from when the complaint was filed, to the present. Plaintiff also seeks authorization to send a proposed notice to all potential collective members. Defendants oppose Plaintiff’s motion. ECF No. 50. The motion is GRANTED in part. BACKGROUND I. Factual Background The following facts are taken from the amended complaint and Plaintiff’s affidavit submitted in support of this motion. ECF Nos. 40, 33-4. Plaintiff worked at Han Sushi from February 20, 2018, to October 4, 2018, and again from November 21, 2018, to July 30, 2019, as a deliveryman. ECF No. 33-4 (“Shi Aff.) 2 (p. 1).1 He was hired and paid by Defendant Quoquing Chen, a/k/a Quo Quing Chen, a/k/a Peter Chen. Id. 4 (p. 1); Am. Compl. 14. From around November 21, 2018, to July 30, 2019, Plaintiff regularly worked more than 50 hours per week. Shi Aff. 6 (p. 1-2). He was promised a daily rate of $50 per day but was paid only $45 per day. Id.
7-8 (p. 2). From around February 20, 2018, to October 4, 2018, and again from around November 21, 2018, to around July 30, 2019, he was paid a flat rate of $225 per week. Id. 9 (p. 2). He was not paid overtime wages for overtime work and was never informed of his hourly pay rate or any tip deductions. Id.
