On October 2, 2018, the Hon. Raymond J. Dearie, of the United States District Court, Eastern District of New York approved the Report and Recommendation from Magistrate Judge Bulsara for class certification in the ongoing class action entitled Morales v. Rochdale Village, Inc., 15-cv-502 (RJD)(SJB). In the ruling, Judge Dearie certified a class pursuant to Federal Rule 23 on behalf of current and former hourly-paid non-exempt employees at Rochdale Village in Jamaica, Queens ("Rochdale") who were employed at any time since February 2, 2009 through the present ("Rochdale Hourly Employees") and who were allegedly: 1) subjected to a schedule-based pay system; and/or 2) performed work during uncompensated meal breaks. The certified class of Rochdale Hourly Employees includes all members of Local 32BJ, Local 94 and all non-unionized Rochdale employees – at this point members of the Special and Superior Officers Benevolent Association are not included in the class. Additionally, Judge Dearie appointed McLaughlin and Stern, LLP as lead counsel for the class. As a result of this ruling, the case may now proceed to trial as a class action on behalf of over 200 current and former Rochdale Hourly Employees. A notice advising employees of their rights and options will be mailed to class members in the upcoming months.
In granting class certification, Judge Dearie determined that sufficient evidence exists to allow the case to proceed as a class because Plaintiffs' testimony indicated that: 1) Rochdale Hourly Employees were required by managers to arrive early and stay late to finish their work but Rochdale's timekeeping system defaulted to pay employees based only on the scheduled hours; and 2) Rochdale Hourly Employees routinely worked through part or all of there automatically deducted uncompensated meal breaks. This decision represents a large victory for Rochdale Hourly Employees and will assist in the recovery of unpaid straight and overtime wages owed to these individuals.
McLaughlin & Stern, LLP handles a broad range of individual and class actions on behalf of employees who have not been properly compensated by their employers. If you are a current or former Rochdale Hourly Employee and would like to know more about the action and how it relates to your experience at Rochdale, please contact Plaintiffs' counsel at your convenience: