· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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