· 12/15/2010
Guan Ming Lin v. Benihana Nat'l Corp.
Citations
- 755 F. Supp. 2d 504
- 2010 U.S. Dist. LEXIS 132872
- 2010 WL 5129013
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that both the FLSA and the NY Labor Law require an employer to reimburse the cost of bicycles used in the course of employment
- finding that employers can require employees to bear the costs of tools of the trade as long as it does not reduce their wages below minimum wage
- finding that “plaintiffs’ failure to provide affidavits from any other employees who allege” that they were underpaid “undermines the plaintiffs’ allegation that [defendants] have a common policy of violating” FLSA
- stating that “[v]ehicles such as bicycles, motorcycles, and mopeds are considered ‘tools of the trade’ if employees are required to possess and utilize them in the course of their employment.”
- denying conditional certification but granting discovery of names, addresses, and telephone numbers of delivery persons employed within the past three years
- explaining that “plaintiff’s supporting allegations must be specific, not conclusory”
Source: CourtListener parenthetical corpus (CC0).
Judges: Victor Marrero
Read full opinion on CourtListenerSourced 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.