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Clardy v. Your Hometown Movers LLC

Moving Company Worker's FLSA Collective Action Is Conditionally Certified

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OPINION & ORDER Plaintiffs Raymond Clardy and Imani Armstrong (collectively, “Plaintiffs”) bring this action, on behalf of themselves and others similarly situated, against Defendants Your Hometown Movers LLC d/b/a Your Hometown Mover (“YHM”), Jake Freedman, and Kate Freedman (collectively “Defendants”), asserting claims under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law. (See Complaint (“Compl.”), ECF No. 1.) Pending before the Court is Plaintiffs’ motion to conditionally certify an FLSA collective action. (“Plaintiffs’ Motion”, ECF No. 26.) Defendants do not oppose Plaintiffs’ Motion. (See ECF No. 31.) For the following reasons, the Court GRANTS Plaintiffs’ Motion. BACKGROUND Plaintiffs worked as movers and truck drivers (“Laborers”) for Defendants.¹ Plaintiffs would arrive at Defendants’ facility at approximately 6:30 a.m. to engage in preliminary activities to prepare for a move for the day, which included loading the trucks with proper equipment. (Declaration of Raymond Clardy (“Clardy Decl.”, ECF No. 29) 6; Declaration of Imari Armstrong (“Armstrong Decl.”, ECF No. 28) 6.) Plaintiffs were not paid for this time, and, instead, only started to be paid when they left YHM’s premises. (Clardy Decl., 11; Armstrong Decl., 11.) In addition, Defendants automatically deducted a one-hour lunch break from Plaintiffs’ salary even though Plaintiffs did not receive a lunch break. (Clardy Decl., 20; Armstrong Decl., 20.) Finally, Plaintiffs were sometimes not paid for all hours worked if a move took longer than estimated by Defendants, who charged their customers a flat rate. (Clardy Decl.,

13-19; Armstrong Decl.,

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