On December 23, 2013, Judge John G. Koeltl of the Southern District of New York approved conditional certification of the proposed class in Ramirez, et. al v. Riverbay Corp., et. ano, 13 CV 2367 (JGK)(GWG). This means that the Court will allow Plaintiffs to proceed with their claims under the Fair Labor Standards Act and send out notice to the class which consists of hourly employees of RiverBay Corp. who were employed at any time since April 9, 2007 and who were allegedly 1) subjected to a schedule based pay system; 2) accepted compensatory time in lieu of overtime compensation; 3) earned nighttime premium pay that was not properly calculated into overtime payments; 4) worked during uncompensated meal breaks; and/or 5) worked off-the-clock either before or after clocking in or out. Notice allows current and former employees of the Defendants who were employed during the relevant time period to “opt-in” to the litigation and preserve their wage and hour claims and right to unpaid straight and overtime compensation.
Please contact Brett Gallaway, Esq. at McLaughlin & Stern, LLP at 646-738-6353 or Matthew Cohen, Esq. at the Law Firm of Louis Ginsberg, PC at 877-4WAGESLAW (877-492-4375), for any questions you have about the action.