Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. ¶ 29; Lugo Decl. In the absence of records detailing their exact hours, Plaintiffs provided estimates of the length of their shifts. Tr. Widjaja v. Kang Yue USA Com., No. Pl. (Attachments: # 1 Proposed order)(Schulman, Denise) (Entered: 04/07/2016), DECLARATION of D. Maimon Kirschenbaum in Support re: 105 MOTION to Approve Preliminarily Class Action Settlement .. ¶ 4; (2) oversaw new employee training, Tr.
(Signed by Judge Naomi Reice Buchwald on 1/26/2016) (rjm) (Entered: 01/27/2016), LETTER addressed to Judge Naomi Reice Buchwald from D. Maimon Kirschenbaum dated 1/26/16 re: Order entered 1/26/2016. Id.42 To prove a willful violation, an employee must establish "that the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute." New Address: Michael Faillace & Associates, P.C., 60 E 42nd Street, Suite 2540, New York, New York, United States 10165, 2123171200. ¶ 25; Cedeño Decl. 1187, 90 L.Ed. Grp., Inc., 659 F.3d 234, 239-40 (2d Cir. ¶ 26; Leon Decl. Where an employer fails to maintain adequate or accurate records of its employees' hours, the employee need only "produce[] sufficient evidence to show the amount and extent of [the uncompensated] work as a matter of just and reasonable inference." (Faillace, Michael) (Entered: 05/16/2013), NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 7/10/2013 at 11:00 AM in Courtroom 705 at the United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. Id. ¶ 37; Leon Decl. Document filed by Pablo Alvarado, Jose Amezouita, Angel Cedeno, Miguel Cervantes, Nahun Flores, Pablo Francisco-Lopez, Vicente Leon, Francisco Lugo, Luis Roballo, Alfredo Rodriguez, Enrique Salinas, Christian Urgiles, Valentin Xochipiltecatl. Amezquita Decl. SO ORDERED. (Motions due by 4/17/2014. This stipulation has no impact on any argument that additional tolling of the FLSA claims mayor may not be appropriate under the law, for equitable or other reasons, and the Parties retain the right to make any such argument. Defendants' reply letter is due by April 4, 2014. Document filed by Marco A Barrera, Stephon Bonaby, Robert Broderick, Fabio Cavalli, Susan Coppola, John Curcuru, Fernando Gomez, Sonja Gramberg, Chafik Hassane, Dardan Hoti, Raymond Kienly, Marci Koltonuk, Matthew Long, Ron Megason, Scotty Moran, Kathryn Perry, Claudia Rodriguez, Greg Shugal, Francesco Spitaleri, Manabu Terazawa, Ann Zadoff. ¶ 75; Lugo Decl. ¶ 17. 8345, 2013 WL 5308004, at *6 (S.D.N.Y. The black dress pants, black dress shoes, and black belt, however, are not supplied by the Restaurant and there is no evidence that Fresco prohibits variation in these items, which all fall within the scope of "ordinary basic street clothing." 20:5-21:18, 32:22-24, 55:2-14, 188:19-25, 221:21-222:13. 665:2-6, 676:22-24, 679:24-680:7.3 Vosilla is typically at the Restaurant on Tuesdays, Wednesdays, Thursdays, Fridays, and Saturdays from 3:00 p.m. or 4:00 p.m. until 12:30 a.m. or 1:00 a.m. Vosilla Aff. tit. ¶¶ 41, 43; Francisco Lopez Decl. Lab.
"); Zivali v. AT & T Mobility, LLC, 784 F.Supp.2d 456, 461 (S.D.N.Y.2011) (finding that an employer's timekeeping system is lawful under the FLSA "as long as it allows for the complete and accurate recording of all time worked"); N.Y. State Dep't of Labor, Op. A.
Since June 27, 2011, Fresco has paid bussers and runners based on the hours recorded in the time clock system. Amezquita worked at Fresco from January 1, 2012 until August 27, 2013. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Weiner, Douglas) (Entered: 06/26/2013), MEMORANDUM OF LAW in Support re: 51 MOTION to Certify Class.. "); accord Cuzco v. F & J Steaks 37th St. LLC, supra, 2014 WL 2210615 at *3 (citing cases). ¶ 20; Caravantes Decl. 1677, 100 L.Ed.2d 115 (1988). Federal Civil Lawsuit New York Southern District Court, ¶ 35; Flores Decl. New York law goes even further. (Signed by Judge Analisa Torres on 9/28/2015) (ajs) (Entered: 09/28/2015), STATUS REPORT.
Adjacent to a stairwell in the kitchen, Fresco displays government posters that include information in small print about "employee rights, payroll, hourly wages, sick pay, [and] sick day[s]."
2d at 290-91 ("Both the pay statements and the payroll records show only that plaintiffs earned tip-related income; they do not record that any of the tip income was claimed as part of the minimum wage. 2800 (LMM), 2007 WL 1771498 at *3 (S.D.N.Y. Plaintiffs adduced counter-designations from the deposition. Document filed by Marco A Barrera, Stephon Bonaby, Robert Broderick, Fabio Cavalli, Susan Coppola, John Curcuru, Fernando Gomez, Sonja Gramberg, Chafik Hassane, Dardan Hoti, Raymond Kienly, Marci Koltonuk, Matthew Long, Ron Megason, Scotty Moran, Kathryn Perry, Claudia Rodriguez, Greg Shugal, Francesco Spitaleri, Manabu Terazawa, Ann Zadoff. Jt. K. He is usually at the Restaurant every day that it is open. (Palmer, Michael) (Entered: 03/28/2013), CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. (Androphy, Joshua) (Entered: 03/31/2014), LETTER addressed to Judge Analisa Torres from Joshua S. Androphy dated March 25, 2014 re: Requesting Pre-Motion Conference re: Motion to Strike Jury Demand. 76 at 5163-76 (ADP "Payroll Worksheet" for week ending February 12, 2011). ¶ 19; Salinas Decl. If Your Honor grants the Parties' request, Defendant's opposition to Plaintiff's motion will be due on July 29, 2013, and Plaintiffs reply will be due on August 12, 2013.
Document filed by Marco A Barrera, Stephon Bonaby, Robert Broderick, Fabio Cavalli, Susan Coppola, John Curcuru, Fernando Gomez, Sonja Gramberg, Chafik Hassane, Dardan Hoti, Raymond Kienly, Marci Koltonuk, Matthew Long, Ron Megason, Scotty Moran, Kathryn Perry, Claudia Rodriguez, Greg Shugal, Francesco Spitaleri, Manabu Terazawa, Ann Zadoff. Id. ¶ 95; Caravantes Decl. ¶ 38; see also Pl. Defendants contend that Plaintiffs' estimates should not be credited because they exceed the average length of shifts after June 26, 2011 (i.e., when Fresco implemented a time clock system, see infra Section II.D.2). You have to know what’s happening with clients, competitors, practice areas, and industries. 10 Civ. ¶ 6, Def. At the beginning of their shifts, before the Restaurant opens, runners perform side work, which includes: (1) weighing pasta; (2) plucking basil leaves; (3) cutting lemons; (4) preparing artichokes for calamari; (5) setting up plates with artichokes and penne gratin; (6) cleaning dishes, containers, and bread baskets; (7) separating doilies to put on plates; (8) folding napkins; and (9) cutting linens to use for polishing dishes, silverware, and glasses. ¶ 48; Xochipiltecatl Decl. Accordingly, it is ORDERED that: 1. Document filed by Pablo Alvarado, Jose Amezouita, Angel Cedeno, Miguel Cervantes, Nahun Flores, Pablo Francisco-Lopez, Vicente Leon, Francisco Lugo, Luis Roballo, Alfredo Rodriguez, Enrique Salinas, Christian Urgiles, Valentin Xochipiltecatl. Additionally, counsel shall submit a joint letter by September 23, 2014, to inform the Court whether they would like to be referred to a magistrate judge for settlement discussions. 2800, 2015 WL 4126872, at *4 (S.D.N.Y. It is also "not uncommon" for her to provide one of the two owner signatures on employees' paychecks. The FLSA provides that "an employer may not avail itself of the tip credit if it requires tipped employees to share their tips with employees who do not `customarily and regularly receive tips.'" Gelman Aff. § 146-3.4(b). 13-24 — since that time. ¶ 97; Salinas Decl. Med. Exs. It is uncontested that Cupini played a central role in operations of Stepping Stones as C.E.O., a board member and the direct supervisor of the organization's leadership team until and including May 2, 2017. 13 Civ. at 688, 66 S.Ct.
34-36; Flores Decl. (Entered: 09/13/2012), STIPULATION TO AMEND COMPLAINT. Attorney Douglas Weiner terminated. ¶ 79; Amezquita Decl. The evidence concerning the extent of the individual defendants' authority over the employees is in conflict. § 146-3.10(a); accord id. GRANTED. ¶ 80; Rodriguez Decl. Id. Document filed by Ron Megason. ¶ 19; Salinas Decl.