Blog Post
Jun 5, 2013
New York Court Rules Sous Chef's Conditional Certification Motion Should Have Been Meatier
This week, a federal judge in the Southern District of New York confirmed that an FLSA plaintiff cannot win certification of a sweeping collective action by talking only about himself.
In Ikikhueme v. Culinart, Inc., [here] a Sous Chef originally sought to represent a class of all food services employees, not just fellow Sous Chefs, that Culinart employed across 200 locations. By the time briefing closed, he’d limited his proposed class to just Sous Chefs, whom he claimed Culinart misclassified as overtime-exempt. The court denied his motion, finding that his evidence was not enough to satisfy a lenient conditional certification standard.
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