Miranda v. General Auto Body Works Inc.
1:17-cv-04116
E.D.N.YOct 18, 2017Background
- Plaintiff Ronald Miranda, an auto body worker, sued his employer General Auto Body Works, Inc. and individual owners alleging unpaid overtime under the FLSA and New York Labor Law (NYLL).
- Miranda seeks conditional certification of an FLSA collective and court-approved notice to potential opt-in plaintiffs.
- Miranda submitted a declaration describing unpaid overtime, inaccurate timekeeping, and identified two coworkers with similar claims.
- Defendants opposed conditional certification and sought changes to the proposed notice; they also produced employee release forms purporting to waive NYLL claims for some workers.
- The court applied the two-step FLSA collective framework and the lenient “modest factual showing” standard at the notice stage.
- The court granted conditional certification, approved a modified notice (including both FLSA and NYLL references for a six-year period), required mailing and posting, and limited disclosure of employee contact information (excluding social security numbers).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conditional certification under FLSA §216(b) | Miranda's affidavit and identification of similarly situated coworkers show a common unlawful pay practice | Miranda's declaration and complaint are insufficient to meet even the modest showing | Granted: plaintiff met the lenient factual showing; conditional certification approved |
| Statute-of-limitations period and inclusion of NYLL claims in notice | Include 6-year NYLL period to capture potential state-law claimants | Limit notice to 3-year FLSA period because NYLL claims are waived by releases | Granted: 6-year period and NYLL referenced because validity of releases and WaTPA notice issues raise factual/legal questions |
| Form/content of notice (posting, opt-in language, counsel contact) | Mail and post notices; include counsel contact; original language acceptable | Reduce notice period to 3 years; remove NYLL references; clarify opt-in language; remove frequent counsel info; mail only | Modified: notice shall include FLSA and NYLL references for period since July 11, 2011, be mailed and posted, and excessive counsel attribution removed |
| Scope of discovery for notice (employee data; SSNs) | Request names, addresses, phone numbers, employment dates, and SSNs to effectuate notice | Object to producing SSNs; limit production | Partial: produce names, last known addresses, phone numbers, and employment dates; SSNs not required absent a showing of necessity |
Key Cases Cited
- Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010) (endorses two-step collective action analysis and modest factual showing at notice stage)
- Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (U.S. 1989) (district courts have broad discretion over form and content of notice)
- Hoffmann v. Sbarro, Inc., 982 F. Supp. 249 (S.D.N.Y. 1997) (discusses factual nexus and common scheme standard for collective actions)
- McGlone v. Contract Callers, Inc., 867 F. Supp. 2d 438 (S.D.N.Y. 2012) (explains two-step conditional certification procedure)
- Zaldivar v. JMJ Caterers, Inc., 166 F. Supp. 3d 310 (E.D.N.Y. 2016) (collective certification can be granted on pleadings and a single affidavit)