Hernandez v. NGM Management Group LLC et al
Gabino Hernandez |
George Hadjipanayi, Michael Pitsinos, NGM Management Group LLC and Nikos Karaiskos |
1:2012cv07795 |
October 18, 2012 |
US District Court for the Southern District of New York |
Foley Square Office |
Queens |
Robert W. Sweet |
Labor: Fair Standards |
29 U.S.C. ยง 201 Fair Labor Standards Act |
Plaintiff |
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Filing 29 OPINION: Here Plaintiff has not submitted the name of one employee to substantiate his contentions. He admitted in his deposition that he did not speak with any employees at Defendants' facility either during or after his employment. Plaintiff h as not elaborated on how the 20% calculation of hours in his workdays that were spent on non-tipped duties was determined or how many employees he saw suffered from the same scheme or plan. Plaintiff has failed to make the sufficient factual showing to justify conditional collective certification. Because the Plaintiff has not shown the requisite proof to warrant certification his motion at this time. So Ordered (Signed by Judge Robert W. Sweet on 10/17/2013) (js) |
Filing 28 OPINION re: 12 MOTION to Certify Class filed by Gabino Hernandez. For the foregoing reasons, Plaintiff's motion is granted. (Signed by Judge Robert W. Sweet on 9/18/2013) (cd) |
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