Liang et al v. J.C. Broadway Restaurant, Inc. et al
| Cheng Chung Liang, Teh Kui Sun and Fu Hsiung Chen |
| J.C. Broadway Restaurant, Inc., Empire Szechuan Noodle House, Inc., Ching Chou Wu, Ah Fong Chang, Eric C.F. Ma, Jessica Ma and Betty |
| 1:2012cv01054 |
| February 10, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Thomas P. Griesa |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
82
OPINION: The motion for summary judgment is denied. This resolves the motion listed as number 70 in this case, 12 Civ. 1054. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 9/15/2015) (kl) (Main Document 82 replaced on 9/15/2015) (kl).
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Filing
23
OPINION re: 12 FIRST MOTION to Certify Class Conditional Collective Certification. filed by Cheng Chung Liang, Teh Kui Sun, Fu Hsiung Chen. Plaintiffs' motion to conditionally certify this as a collective action is granted. Plaintiffs&# 039; proposed notice and opt-in forms are approved, and plaintiffs' request to post these materials in a conspicuous location in defendants' New York restaurants is granted. Because it is disputed whether defendants' alleged violations were willful, the notice should err on the side of over-inclusivity and indicate that it covers violations that have occurred within the last three years (the statute of limitations for claims of willful FLSA violations). The statute of limitations for potential members' causes of action under FIBA and NYLL and related claims is tolled until the conclusion of the 90-day opt-in period. Defendants are directed to provide plaintiffs with complete contact information, including dates of employ ment and work locations for all of defendants' former and current non-managerial employees who were employed by defendants at any time during the three years prior to the date of this order. SO ORDERED. (Signed by Judge Thomas P. Griesa on 5/23/2013) (ama)
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