No appearance for Defendants Xiaoguang Lin, Xiaokai Lin, Hengkeng Lin, and Dan Wen MEMORANDUM AND ORDER Plaintiffs, Dong Hui Chen and Xiaoyan Zhong, commenced this action against several Defendants1 alleging violations of the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), the New York Labor Law (“NYLL”), §650 et seq, and 12 New York Codes, Rules and Regulations §146 (NYCRR). Specifically, Plaintiffs allege that Defendants have failed to pay their employees minimum and overtime wages and spread of hours under the FLSA and NYLL. (ECF No. 51 at 2.) They further allege they are entitled to damages related to Defendants’ failure to provide wage notices at the time of hire and wage statements throughout their employment. (Id. at 2-3.) Before the Court is Plaintiffs’ motion for conditional certification of the FLSA collective (ECF No. 71.) The motion is unopposed. For the reasons stated below, the motion is GRANTED in part and DENIED in part. FACTUAL BACKGROUND Plaintiff Dong Hui Chen was employed as a fry wok chef at Defendants’ restaurant from April 5, 2020 through December 27, 2020. (ECF No. 51 8.) Plaintiff Xiaoyan Zhong was employed as an oil wok chef from December 22, 2020 through December 28, 2020. (Id. 9.) Individual Defendants Xiaoguang Lin, Xiaokai Lin, Hengkeng Lin, Yimei Lin, Wen Chen, and Dan Wen are all alleged to have taken part in Plaintiffs’ hiring and termination and the scheduling and payments. (Id.
13, 15, 17-18, 22, 24, 26-27, 30, 35, 37.)2 Plaintiffs allege that “[t]here are at least 5 employees at the restaurant, including one other fry wok, one oil wok, two delivery people and one cashier.” (Id. 48.) Plaintiffs contend that Defendants failed to pay Plaintiffs their regular and overtime wages for hours worked over 40 in each work week. (Id. 51.) They state that Defendants failed to maintain accurate records of Plaintiffs’ wages and did not provide them with a Time of Hire Notice which would have informed them of their respective pay rates and paydays. (Id. 55.) Further, Defendants failed to pay Plaintiffs their required “spread of hours” premium pay for each day Plaintiffs worked over ten hours. (Id. 56.) Plaintiff Dong Hui Chen worked between 43 to 75 hours each week. (Id.
