Recently, the United States District Court for the Western District of New York determined that Plaintiffs had made a showing that the policies alleged likely apply to a nationwide class of current and former employees. The Court found that the plaintiffs had “made a ‘modest factual showing’ of the existence of three common policies or practices implemented or maintained by the defendants, which if proven at trial would violate the FLSA’s compensation requirements.”
In making that decision, the Court required that a notice and description of the lawsuit be sent to all current and former hourly employees who worked for defendants, giving those employees an opportunity to join the lawsuit. Like this website, the notice contains information about the lawsuit, and a consent form for employees to join the suit. In order to be a part of the lawsuit you must join by May 13, 2009.
You may read the Court’s decision here.
At the present time, counsel for the Plaintiffs are making all efforts to ensure that all of the employees who may qualify for the lawsuit are notified of their opportunity to join.
You are invited to view some of the pertinent pleadings in the lawsuit. If you believe that you may qualify for inclusion in the suit, contact us at once.
- Amended Complaint
- Plaintiff’s Motion for Notice to Affected Employees
- Employee Affirmations
- Decision and Order of United States Magistrate Judge Jonathan W. Feldman authorizing Notice to Affected Employees
- Decision and Order of United States District Court Judge Charles J. Siragusa affirming the Decision and Order of United States Magistrate Judge Jonathan W. Feldman
- Official Court Notice