MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs Eric Burke, Craig Barker, Rick Calton, Arthur Salisbury, William Cory Tanner, Brian Tanner, and Tony Weaver (collectively “Plaintiffs”), on behalf of themselves and other employees similarly situated, bring this action for alleged violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq. (Count I), and the New York Labor Law (“NYLL”) (Counts II, III, IV). See Dkt. No. 16 at 11-14. Currently before the Court is the motion of Defendants Bimbo Foods Bakeries Distribution, LLC (“BFBD”) and Bimbo Bakeries USA, Inc. (“BBUSA”) (collectively “Defendants”) to dismiss certain claims alleged in Plaintiffs’ amended complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), and based on the application of the “first-filed” rule. II. BACKGROUND Plaintiffs allege a systematic practice of Defendants violating the NYLL by making unlawful deductions from Plaintiffs’ wages, failing to comply with the record keeping and notice requirements of the NYLL, and failing to pay an overtime premium when Plaintiffs worked more than forty hours per week. See Dkt. No. 16 at 1. Plaintiffs allege both individual claims under the FLSA and individual and class claims under the NYLL. See Dkt. No. 16 at
50-68. Plaintiffs, on behalf of themselves and other employees similarly situated, commenced this action on July 23, 2019, with the filing of a complaint. See Dkt. No. 1. Since the initial filing of the complaint, an additional six individuals have opted-in to this case under the FLSA. See Dkt. No. 17-1; Dkt. No. 22 at 26. In the Southern District of New York, a class action was brought by Carlos M. Puello and Kim Peek against Bimbo Foods Bakeries Distribution, LLC on June 14, 2017, for the misclassification of independent operators as independent contractors. See Puello v. Bimbo Foods Bakeries Distribution, No. 17-cv-4481 (S.D.N.Y.) (Karas, J.) (“Puello”), Dkt. No. 1 at 1. The complaint was amended on July 9, 2018, modifying the named plaintiffs to be Johanny Puello, Antony Paris, and Thomas Paris, and now including Bimbo Bakeries USA, Inc. as a defendant. See Puello, Dkt. No. 26 at 1. The complaint, as well as the amended complaint, contain a variety of allegations against BFBD and BBUSA brought by the New York class, including that unlawful deductions were taken from their wages, that BFBD and BBUSA failed to send itemized deductions in violation of the NYLL, common law misclassification in violation of the NYLL’s New York State Commercial Goods Transportation Industry Fair Play Act, and unjust enrichment.1 See Puello, Dkt. No. 1 at
