By Lewis Tesser, Partner, and Timothy Nolen, Associate, of Tesser, Ryan & Rochman, LLP
A decision of the District Court for the Eastern District of New York has allowed a group of plaintiffs access to the contact information for their former coworkers. The litigation involves issues of business law, employment and labor law, civil procedure, jurisdiction and discovery.
The case, Moore v. Eagle Sanitation, Inc., 2011 U.S. Dist. LEXIS 77126, No. CV11-1855 (E.D.N.Y. July 18, 2011), concerned a group of employees who alleged that their former employer failed to provide them sufficient overtime pay. The employees requested that the Court order the employer to provide them with the names and addresses of potential class members who had worked for their employer for the last six years. The defendant employer opposed the request, noting that the statute of limitations for the Federal cause-of-action under the Fair Labor Standards Act (FLSA) was only three years. Magistrate Judge Tomlinson rejected the employer’s argument. She noted that, although the FLSA has a three-year statute of limitations, similar claims governed by New York State law have a six-year statute of limitations. Because the Federal Court would have supplemental jurisdiction over the similar state law claims, the Court ordered the employer to provide the plaintiffs with the names of the employees from the last six years.
Our attorneys handle a number of FLSA claims, representing both employees and employers. Our experience with FLSA disputes allows us to manage the complex issues which arise in such disputes and push for a favorable resolution for our clients.