Barkley v. NYU Langone MSO, Inc.
1:24-cv-09747
S.D.N.Y.May 19, 2025Background
- Plaintiffs were former IT support employees at NYU Langone, all working in the Medical Center Information Technology (MCIT) division, performing similar on-site and remote technology support duties.
- Plaintiffs allege they were misclassified as exempt from overtime pay, regularly worked over 40 hours a week, and were not properly compensated for overtime.
- They seek to represent a collective group of similarly situated employees under the Fair Labor Standards Act (FLSA).
- Plaintiffs moved for conditional certification of a collective action and approval to send notice to potential opt-in plaintiffs.
- NYU Langone opposed the motion, disputing the appropriateness of certification, the collective's definition, and aspects of the proposed notice process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conditional collective certification under FLSA | Plaintiffs and similar IT support staff were subject to a common policy denying overtime pay | Employees have diverse roles, responsibilities, and pay; not similarly situated | Conditional certification granted; modest showing suffices |
| Definition of the FLSA collective | Defined by common duties/roles (e.g., analysts, techs, specialists) within MCIT | Overbroad, may sweep in supervisors/managers who are truly exempt | Court found definition appropriate, focused on tech support; issue of exempt status can be resolved later |
| Need for discovery prior to certification | Not required, can certify based on initial showing before discovery | Discovery must precede certification | Second Circuit law allows conditional certification pre-discovery |
| Scope and content of notice to potential opt-ins | Proposed notices accurately inform potential class members | Notices overbroad, opt-in period too long, disputing 3-year limit and reminder notices | Notices approved with modifications; 3-year notice period applies; 60-day opt-in; reminder notices allowed |
Key Cases Cited
- Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010) (establishes two-step framework for FLSA collective certification)
- Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (1989) (courts have discretion to facilitate FLSA collective notice)
- Fasanelli v. Heartland Brewery, Inc., 516 F. Supp. 2d 317 (S.D.N.Y. 2007) (conditional certification appropriate if employees allege common FLSA violations)