Peck v. Hillside Children's Center


New York Law Journal

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Judge David larimer

In their putative collective action under the Fair Labor Standards Act (FLSA) Peck and her coplaintiff former employees alleged Hillside's nonpayment of overtime. Despite conceding that plaintiffs pleaded facially sufficient claims on their own behalf, Hillside claimed the "collective" claims were subject to dismissal as inadequately pleaded. In addition to denying Hillside's motion to dismiss or strike plaintiffs' collective action claims, the court denied as moot Hillside's motion to stay consideration of their motion for conditional class certification under the FLSA. Discussing the requirements set forth in De Silva v. North Shore-Long Island Jewish Health Sys. and Smith v. Pizza Hut, the court concluded that plaintiffs' complaint plausibly—rather than fancifully—alleged that plaintiffs and other class members were required to perform unpaid extra work, and barred—under a policy purportedly communicated by a Hillside executive—from reporting all hours worked, including overtime hours, on their timesheets. Noting the parties' deferral of the deadline to respond to plaintiffs' FLSA certification motion, the court concluded that denial of Hillside's dismissal motion rendered it appropriate for Hillside to respond to plaintiffs' class certification motion.

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