District Judge Robert W. Sweet


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Plaintiff moved to conditionally certify his lawsuit against defendants as a collective action under the FLSA, and to authorize the distribution of notice of his action. Plaintiff’s complaint alleged that defendants violated FLSA and New York state labor laws by failing to pay minimum wages and overtime compensation, provide notice of pay rates, and post notices of employees’ rights. The court granted plaintiff’s motion, first finding that plaintiff had identified other employees of defendants’ who were employed in similarly situated job and whose working hours and pay would have resulted in subminimum wages and unpaid overtime. The court held that these allegations were sufficient to warrant conditional certification. The court rejected defendants’ challenges to the credibility of plaintiff’s assertions as irrelevant at the certification stage. Moreover, the court noted that plaintiff submitted details in support of his allegations, such as names of employees and their weekly pay, and specific conversations he had with coworkers about their pay. The court further approved plaintiff’s proposed notice, noting that posting at the place of employment was regularly approved by courts.