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Taylor v. R.J.T. Motorist Serv. Inc.

Three-Year Lookback Period Applies to Tow-Truck Driver's FLSA Collective Action

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MEMORANDUM OPINION AND ORDER   Plaintiff Anthony Taylor (“Plaintiff”), on behalf of himself and others similarly situated, brings this action against his former employers, Defendant R.J.T. Motorist Service, Inc. (“R.J.T.”) and its owner Raymond Tartaglione (“Tartaglione” and collectively “Defendants”), for: (1) failure to pay minimum wages, failure to pay overtime wages, and retaliation in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq.; (2) failure to pay minimum wages, failure to pay overtime wages, failure to pay “spread-of-hours” pay, failure to provide wage notices, failure to provide accurate wage statements, and retaliation under the New York Labor Law and associated New York State Department of Labor regulations (collectively, the “NYLL Claims”); and (3) conversion for taking Plaintiff’s pickup truck. (Doc. 1, “Compl.”

55-104). On September 13, 2019, Plaintiff moved to conditionally certify a collective action under the FLSA with respect to those claims alleging failure to pay minimum and overtime wages (“Collective Claims”). (Doc. 27, “Not. of Mot.”). On April 16, 2020, this matter was reassigned to me. For the reasons set forth below, Plaintiff’s motion to conditionally certify a collective action under the FLSA is GRANTED. BACKGROUND The allegations herein are taken from Plaintiff’s Complaint and Affidavit in Support of Motion, and are considered true herein for purposes of Plaintiff’s extant motion and no other purpose. R.J.T. is a company that “provides the White Plains area and its surrounding communities [with] Automotive Servicing, Auto body Repairs, Towing and Road Services.” (Compl. 10 (internal quotation marks omitted); Doc. 37-1, Ex. K, Aff. of Anthony Taylor (“Taylor Aff.”) 3 (same)). Plaintiff worked as a tow-truck driver for R.J.T. from January 2018 until May 2018. (Compl.

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