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Cardenas v. A.J. Piedimonte Agricultural Dev. LLC

FLSA Collective Action Class of Farm's Laborers Not Receiving Overtime Pay Certified

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DECISION AND ORDER This case has been referred to the undersigned by the Hon. Elizabeth A. Wolford for all pre-trial matters excluding dispositive motions. (Dkt. No. 29). Presently before the Court is plaintiffs’ motion for conditional certification of a Fair Labor Standards Act (“FLSA”) collective action. (Dkt. No. 28). The Court heard oral argument on the motion on November 19, 2018. (Dkt. No. 46). For the following reasons, plaintiffs’ motion is granted as set forth herein.¹BACKGROUNDPlaintiffs Armando Cardenas, Jose F. Cardenas, Juanita Senteno, Veronica Simmons Bailey, Isaiah Alexander, Kathy Alexander, and Shonda Tate (collectively, “plaintiffs”) bring this action on behalf of themselves and all other similarly situated individuals seeking relief for alleged willful violations of the FLSA overtime compensation requirements by defendants A.J. Piedimonte Agricultural Development, LLC, James J. Piedimonte & Sons, Inc., James J. Piedimonte & Sons, LLC, MAGC, Inc., Anthony Joseph Piedimonte, and Scott James Bennett (collectively, “defendants”). (Dkt. No. 1 (Complaint)).² Since the filing of the complaint, several other individuals have “opted in” to the lawsuit by filing “consent to sue” forms with the Clerk of Court.Plaintiffs allege that defendants comprise a large-scale agricultural and produce packaging, storage, and distribution business operating under common ownership and control. (Id.

1, 18-35, 42-45). Defendants hired plaintiffs and other individuals to work as hourly employees performing physical labor at defendants’ worksites in Holley, New York. (Id.

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