X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER This matter was referred to the undersigned by the Hon. Lawrence J. Vilardo, in accordance with 28 U.S.C. §636(b), for all pretrial matters and to hear and report upon dispositive motions. Dkt. #7. Plaintiff, a non-exempt hourly employee, commenced this proposed collective action pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq., and proposed class action pursuant to New York Labor Law (“NYLL”), §§190, 191, 193, 195, 198 & 652, along with sections 142-2.1 & 142-2.2 of the New York Codes, Rules and Regulations (“NYCRR”), alleging that his employer failed to properly compensate him for all hours worked in his position as a lot attendant. Dkt. #1. Specifically, plaintiff alleges that he was only compensated according to his scheduled shift despite working before and after his scheduled shift. Dkt. #1. In addition, plaintiff alleges that he was routinely interrupted or not relieved for uncompensated meal breaks. Dkt. #1. Furthermore, plaintiff alleges that he was not provided with proper pay rate acknowledgment forms at the commencement of his employment or when he received a change in his hourly rate of pay, nor was he provided with appropriate weekly wage statements as required by the NYLL. Dkt. #1. Plaintiff proposes to certify an FLSA Collective and a NYLL Class of non-exempt hourly employees who were: (a) not properly compensated for all work performed, including for work performed before or after their scheduled shifts; and/or (b) required to work during some or all of their uncompensated meal breaks, but were not compensated for this time; and/or (c) not fully compensated for time worked over forty hours per week at overtime rates; and/or (d) not provided notice under NYLL §195(1) and NYLL §195(3). Dkt. #1. Currently before the Court is plaintiff’s motion to compel complete responses to plaintiff’s First Notice to Produce and Interrogatories. Dkt. #15. Scope of Discovery Plaintiff’s First Notice to Produce seeks, inter alia, the names and contact information, including addresses, emails and phone numbers, for all non-exempt hourly employees of Allpro Parking, LLC and Allpro Parking Holdings, LLC from November 10, 2016 through the present, as well as all employees of Premium Partner Holdings, LLC employed to work at current or former Allpro facilities from the date Premium Partner Holdings, LLC acquired a majority ownership interest in Allpro Parking, LLC and/or Allpro Parking Holdings, LLC. Dkt. #15-3, p.3. Plaintiff also seeks time and payroll records for such employees during this time period. Dkt. #15-3, p.4. Defendants objected to these demands to the extent that they encompassed any party other than plaintiff, Dwayne Boone. Dkt. #15-6. Plaintiff argues that limiting discovery solely to his own information would hinder his ability to demonstrate that defendants’ policies and practices apply uniformly to other similarly situated non-exempt hourly employees, as required to make a proper evidentiary showing for class certification. Dkt. #15-1, pp.10-11. Plaintiff seeks names, addresses, emails and phone numbers, as well as a reasonable sampling of time and pay records, for all non-exempt hourly employees. Dkt. #15-1, pp.11-12. Defendants declare that they have provided time and payroll records maintained by Alcott HR pertaining to plaintiff from September 2017 through December 31, 2017, as well as time and payroll records maintained by Paylocity pertaining to plaintiff from December 2020 through December 31, 2022, and are working to obtain time and payroll records maintained by UKG following its purchase of UltiPro pertaining to plaintiff from January 1, 2018 through November 30, 2022. Dkt. #19-2,

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›