Skip to main content
· 11/1/2011

Day v. United Parcel Service, Inc.

Citations

  • 829 F. Supp. 2d 969
  • 2011 U.S. Dist. LEXIS 126939
  • 94 Empl. Prac. Dec. (CCH) 44,341
  • 113 Fair Empl. Prac. Cas. (BNA) 1449
  • 2011 WL 5239732

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • distinguishing three-year period under FLSA from six-year period under NYLL and rejecting plaintiff’s request to apply the six-year period
  • finding argument that six-year notice period will cause confusion is more persuasive than argument that using the longer period is more economical
  • allowing notice distribution to employees who signed arbitration agreements because agreements to arbitrate are irrelevant to whether employees were “similarly situated” regarding alleged FLSA violation
  • approving notice to potential plaintiffs who may have signed arbitration agreements when there existed issues of fact concerning the arbitration agreements
  • “[T]he focus of the inquiry is not on whether there has been an actual violation of law but rather on whether the proposed plaintiffs are similarly situated . . . with respect to their allegations that the law has been violated”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.