Guan Ming Lin v. Benihana Nat'l Corp.
275 F.R.D. 165
S.D.N.Y.2011Background
- Plaintiffs Lin, Li, and Li allege FLSA and NYLL wage violations by Haru restaurant defendants.
- Plaintiffs move for FLSA collective certification, Rule 23 class certification, notice, and disclosure of employee data.
- Magistrate Judge recommended granting in part and denying in part; the court adopts in full.
- Disputes concern tip credit, meal credit, spread-of-hours, and off-the-clock claims.
- Court-approved notice process and production of contact info for tipped employees over the past three years.
- Defendants previously produced delivery-person data; social security numbers deemed premature.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of pleadings for tip credit claims | Lin sufficient to put notice on tip credit violations. | 2d Am. Compl. lacks explicit tip credit claims. | Sufficient pleadings to proceed on tip credit claims |
| Off-the-clock work certification | Delivery workers clock out early; common practice alleged. | Insufficient factual basis; claim too individual. | Certified as collective action for off-the-clock work among tipped employees (delivery) to the extent noted |
| Rule 23 class certification viability | Class of tipped employees and related groups appropriate. | Commonality and predominance not satisfied across proposed class. | Class certification denied for broad class; narrowed or subclass considerations discussed |
| Production of employee information | Court should order production of names, addresses, and contact details. | SSNs not required; privacy concerns. | Order production of names, addresses, phone numbers, and dates of employment; SSNs denied at this stage |
Key Cases Cited
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading requires plausible entitlement to relief)
- Realite v. Ark Restaurants Corp., 7 F. Supp. 2d 303 (S.D.N.Y. 1998) (need for a factual nexus for collective actions)
- Fasanelli v. Heartland Brewery, Inc., 516 F. Supp. 2d 317 (S.D.N.Y. 2007) (coherence of claims for certification; evidence required)
- Zivali v. AT&T Mobility LLC, 646 F. Supp. 2d 658 (S.D.N.Y. 2009) (off-the-clock certification at the collective level)
- Amchem Prods., Inc. v. Windsor, 521 U.S. 591 (U.S. 1997) (predominance and manageability in class actions)