Jackson v. Bloomberg L.P.
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|Date Filed||#||Document Text|
|April 22, 2015
OPINION AND ORDER: For the foregoing reasons, it is hereby ordered that Plaintiffs' objections are SUSTAINED. The order dated February 25, 2015, is overruled. (Signed by Judge J. Paul Oetken on 4/22/2015) (kko)
|February 25, 2015
MEMORANDUM ORDER: This lawsuit under the Fair Labor Standards Act ("FLSA") and the New York Labor Law has been certified as a class action with respect to the New York claims and has been approved as a collective action under the FLSA. See Order, dated Mar. 19, 2014 (Docket # 31), at 1. The Rule 23 class was defined as: "Global Customer Support (GCUS) Representatives working in New York who worked more than 40 hours in a pay week without payment of overtime at the rate of time and one-half at any time within the six years preceding March 26, 2013." Id. at 13. Bloomberg now seeks an order permitting it to contact 10 out of approximately 482 class members in this case, notwithstanding the existence of New Yorks ethical rul e barring contac twith represented parties, N.Y. Comp. Codes R. & Regs. tit. 22, § 1200.0 ("Rule 4.2(a)"). Bloomberg makes this application because these 10 individuals, who were direct supervisors of GCUS representatives during the cl ass period in a job title called "team leader," are also class members themselves based on their earlier jobs as GCUS representatives. Accordingly, Bloomberg may contact the seven above-named individuals. The Court notes that this number re presents seven out of a total class of approximately 482. However, the Court will place restrictions on this contact, as the court did in E.E.O.C. v.Morgan Stanley & Co., Inc., 206 F. Supp. 2d at 563, to minimize the potential that the contacts could be perceived as coercive to the individual or harmful to the class as a whole. First, any contact must not take place until eight days after the date of this order so that plaintiffs' counsel has an opportunity to contact the seven employee-cla ss members prior to any contact by Bloomberg. As for Bloomberg's own contact, Bloomberg must make clear to each employee-class member, in writing, at least three business days in advance of the first contact, that Bloomberg wishes to speak to th e employee only in his or her role as a team leader, trainer,supervisor and/or manager in the GCUS department; that this conversation and any similar future conversations are voluntary; that there is a class action pending in federal court about wage s the employee may be due as a GCUS representative; that the employee is represented by counsel with respect to his or her employment as a GCUS representative; and that Bloomberg is not seeking to have the employee opt out of the class. Bloomberg mus t also affirmatively emphasize that the employee should not discuss his or her experience as a GCUS representative,that the employee should not discuss the lawsuit, and that the employee should not reveal any discussions he or she may have had with class counsel. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/25/2015) (ama)
|March 19, 2014
OPINION AND ORDER re: 13 MOTION to Certify Class filed by Shavez Jackson. For the foregoing reasons, it is hereby ORDERED that: Plaintiff's motion is GRANTED; Plaintiff's counsel is appointed as class counsel; Plaintiff's counsel is authorized to issue notice in the manner described in this Order; Bloomberg is ordered to provide Plaintiff's counsel with identification information in the form and manner described in this Order; and The statute of limitations for Plaintiffs' FLSA claims is tolled as of the date of the filing of the instant motion. The Clerk of Court is directed to terminate the motion at docket number 13. (Signed by Judge J. Paul Oetken on 3/19/2014) (lmb)
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