McBeth v. Gabrielli Truck Sales, Ltd., 2011 U.S. Dist. LEXIS 10398

This FLSA collective action alleges overtime violations by defendants under the FLSA and New York Labor Law.
The court granted conditional certification and addressed disputes over the Notice of Pendency to potential class members.
Three disputed areas: who is eligible to participate, the duration of the notice period, and inclusion of counsel’s website in the notice.
The court ultimately approves in part and rejects in part the proposed Notices, and conditionally certifies the action.
The court limits the notice to three years and excludes state-law claims from the notice; it also omits counsel’s website address.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Definition of eligible class members	Plaintiffs want a broad description of eligible employees.	Defendants want exclusion for drivers over 10,000 lb GVW per quarter under Motor Carrier exemption.	Limit the notice to those eligible; exclude excluded drivers for now.
Scope of notice period	Six-year period due to NY labor law claims.	Two- to three-year period under FLSA alone; willfulness possible.	Three-year notice period; no six-year extension; no reference to state-law claims in notice.
Reference to counsel's website in the notice	Website address commonly included in notices.	Website is superfluous; unnecessary for notice.	Omit counsel’s website address from the notice.

Garcia v. Pancho Villa's of Huntington Vill., Inc., 678 F. Supp. 2d 89 (E.D.N.Y. 2010) (reiterates broad discretion in notice content and need for accurate, timely notice)