Valerio v. RNC Industries, LLC
314 F.R.D. 61
E.D.N.Y2016Background
- Plaintiff Jose Valerio sued RNC Industries, LLC and its owner Richard Tonyes under the FLSA and NYLL, alleging a company-wide practice of failing to pay overtime and minimum wages to non‑managerial employees.
- Valerio and several opt‑in plaintiffs (laborers: carpenters, welders, mechanics) submitted declarations claiming they routinely worked >40 hours (often 68–85 hours) but were not paid overtime; defendants dispute factual details but did not rebut the existence of a common-pay practice at the certification stage.
- Plaintiff moved for conditional certification of an FLSA collective and court‑authorized notice under 29 U.S.C. § 216(b); defendants opposed, arguing lack of a specific common policy, overbroad class definition (job types and geography), and disputing factual assertions.
- The court applied the Second Circuit two‑step collective action framework (modest factual showing at the first stage) and found Valerio’s and Carillo’s declarations plus the complaint satisfied the low threshold for conditional certification.
- The court narrowed Plaintiff’s proposed class: certified conditional collective consists of all current and former laborers (carpenters, welders, mechanics, etc.) employed by RNC since June 16, 2011, who worked or were dispatched to any RNC locations or field construction sites on Long Island.
- The court ordered defendants to produce contact and employment data for potential class members (names, addresses, phone numbers, emails, work locations, dates of employment) within 14 days; set a 60‑day opt‑in period; and required notice in English and Spanish after counsel meet‑and‑confer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1) Conditional certification / "similarly situated" standard | Valerio: his complaint + affidavits show a common unlawful policy denying overtime to laborers, meeting the modest factual showing | Tonyes/RNC: plaintiff’s assertions are unsupported; deposition excerpts undermine common policy claim | Court: Granted conditional certification — plaintiff met the low threshold; merits and credibility disputes reserved for later stage |
| 2) Scope of collective (job categories & geography) | Valerio: seek all non‑managerial employees since June 16, 2011 | RNC: proposed class is overbroad; no proof practices extend beyond Holtsville office or to non‑laborer staff | Court: Modified and limited class to laborers (carpenters, welders, mechanics, etc.) who worked or were dispatched to RNC sites on Long Island |
| 3) Statute of limitations period to notify | Valerio: alleged willful violations — three‑year limitations should apply | Defendants: dispute willfulness (implicitly) | Court: Applied three‑year period (back to June 16, 2011) for conditional notice given allegations of willfulness; individual timeliness challenges preserved |
| 4) Discovery for notice & notice particulars (form, language, opt‑in period) | Valerio: requests names, addresses, phones, emails, work locations, employment dates; 60‑day opt‑in; Spanish translation | Defendants: raised objections to notice form and scope; did not oppose production request specifically | Court: Ordered production of contact/employment data (excluding SSNs/DOBs); 60‑day opt‑in; directed meet‑and‑confer on notice; required English and Spanish notices |
Key Cases Cited
- Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010) (sets two‑step collective certification framework and modest factual showing standard)
- Hoffmann‑La Roche Inc. v. Sperling, 493 U.S. 165 (U.S. 1989) (district court has broad discretion over form and content of notice in collective actions)
- Morris v. Lettire Constr. Corp., 896 F. Supp. 2d 265 (S.D.N.Y. 2012) (authorizing notice across employer’s worksites when company centrally operates and controls sites)
- Doucoure v. Matlyn Food, Inc., 554 F. Supp. 2d 369 (E.D.N.Y. 2008) (collective certification appropriate where complaint and affidavit allege routine uncompensated overtime)