Kalloo v. Unlimited Mechanical Co. of NY, Inc.
2012 U.S. Dist. LEXIS 178196
| E.D.N.Y | 2012Background
- This is a motion for conditional certification of a FLSA collective action and for notice to current/former Unlimited Mechanical employees.
- Plaintiffs allege unpaid wages and overtime under the FLSA, NY labor laws, and related NY regs.
- Court describes the two-step process for conditional certification and the minimal burden to show “similarly situated” employees.
- Plaintiffs rely on three declarations stating coworkers were not paid lawful wages/overtime and noting a large number of workers at a single location.
- Defendants oppose with a declaration from the owner, suggesting few employees and pay compliance supported by timesheets.
- Court grants conditional certification but directs revision of the notice to include state-law limitations and approves the notice with modification if needed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs meet ‘similarly situated’ standard for conditional certification | Kalloo and others show coworkers discuss unpaid wages/overtime | Declarations lack substance; timesheets undermine claims | Yes, minimal showing satisfied; court grants conditional certification |
| Whether proposed notice should include state-law claims and time limits | State-law claims routinely included with FLSA notices | No specific argument against inclusion | Notice approved with modification to include state-law limitations; revision required |
Key Cases Cited
- Hoffmann-La Roche v. Sperling, 493 U.S. 165 (Supreme Court 1989) (recognizes broad remedial purpose of FLSA and notice provision)
- Braunstein v. Eastern Photographic Laboratories, Inc., 600 F.2d 335 (2d Cir. 1978) (two-step collective action framework; notice permissible)
- Lee v. ABC Carpet & Home, 236 F.R.D. 193 (S.D.N.Y. 2006) (minimal burden to show ‘similarly situated’ before certification)
- Young v. Cooper Cameron Corp., 229 F.R.D. 50 (S.D.N.Y. 2005) (focus at conditional stage is on ‘similarly situated’ and not merits)
- Realite v. Ark Restaurants Corp., 7 F.Supp.2d 303 (S.D.N.Y. 1998) (recognizes conditional certification process and potential discovery)