Salomon v. Adderley Industries, Inc., 2012 U.S. Dist. LEXIS 29431

Plaintiffs allege FLSA and NY Labor Law violations by Adderley Industries, including unpaid overtime, unlawful wage deductions, and retaliation related to a DOL investigation.
Plaintiffs were field technicians paid fixed per-job amounts rather than salary or hourly wages.
They worked 40+ hours weekly, often without overtime, and claims include time spent at office and paperwork not paid.
Plaintiffs seek conditional certification of a § 216(b) collective action, early information disclosure about similarly situated employees, and court-approved notice.
Defendant contends plaintiffs and putative class members are not similarly situated due to varied hours, duties, and pay.
The court grants conditional certification, ordering release of six-year opt-in information and approval of notice with a modification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether conditional certification is appropriate	Plaintiffs show common policy on unpaid overtime.	Defendant argues lack of similarity among putative members.	Granted conditional certification.
Whether six-year employee information should be produced	Six-year window aligned with NY law and potential NY claims.	Information for six years unnecessary under FLSA.	Granted six-year notice/production.
Whether court-approved notice should issue and what it should say	Notice should inform opt-ins and include basic compliance details.	No objection to contents; routine notice.	Notice approved with modification to warn of possible depositions/testimony.
Whether notices should inform about deposition/testimony requirements	Notice should advise potential opt-ins about possible deposition/testimony.		Incorporation of deposition/testimony notice required.

Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010) (establishes modest factual showing for similarly situated plaintiffs at notice stage)
Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (U.S. 1989) (notice and court involvement in FLSA collective actions)