Lopes v. Heso, Inc. et al
| Valdinei Lopes |
| Empire Electrical Solution Inc., Havana Wiring & Electrical Corp., Heso, Inc., Quality Used Electrical Equipment Inc. and Hernan F. Socarras |
| 1:2016cv06796 |
| December 8, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K. Brodie |
| Robert M. Levy |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
25
ORDER:In lieu of a motion for conditional certification, the parties in this combined Fair Labor Standards Act and New York Labor Law action request that the court provide rulings on several points of disagreement. (See Status Report, Dkt. No. 22.) The parties raise four legal issues, whether: (1) the recipients of a court-approved notice should be determined based on a three- or six-year notice period; (2) the proper date for calculating the look back period is the date the complaint was file d or the date notice is issued; (3) defendants should be required to post notice in conspicuous areas in the workplace; and (4) a reminder notice may be sent. For the reasons stated in the attached Order, I conclude that: (1) a six-year notice period is permissible and in the best interests of judicial economy, so long as notice is carefully crafted so as to minimize confusion among potential class members; (2) it is permissible to calculate the look-back period from the date of filing the Compl aint, so as to ensure that potential opt-in plaintiffs whose claims may be equitably tolled receive the notice; (3) defendants may indeed be required to post the notice in conspicuous areas in the workplace, including the corporate office; and (4) a reminder notice may be sent, so long as it contains a disclaimer stating that the court neither encourages nor discourages participation in the action. These rulings resolve all the issues on which the parties requested rulings. The parties are therefore directed to finalize their stipulation for preliminary certification within fourteen (14) days of this order. So Ordered by Magistrate Judge Robert M. Levy on 10/27/2017. (Marino, Janine) See attached ORDER for details.
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