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Ritz v. Mike Rory Corp.

United States District Court, E.D. New York

August 6, 2013

NICHOLAS RITZ, on behalf of himself and all others similarly situated, Plaintiffs,
v.
MIKE RORY CORP. D/B/A ASTORIA BREWHOUSE, SEAN STRAW, and BRENDAN STRAW, Defendants

For plaintiff: Brian Scott Schaffer, Fitapelli & Schaffer LLP, New York, NY.

For defendants: Joseph M. Labuda, Millman Labuda Law Group, PLLC, Lake Success, NY.

OPINION

Page 277

MEMORANDUM AND ORDER

Jack B. Weinstein, Senior United States District Judge.

Table of Contents

I. Introduction

II. Facts and Procedural History

III. Law

IV. A application of Law to Facts

V. Conclusion

I. Introduction

Plaintiff worked as a bartender at the Astoria Brewhouse. He sues defendants, the owners of the establishment, under federal and state law, alleging unlawful employment practices and retaliatory termination. His individual and collective action claims are brought pursuant to the wage-and-hour provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. § § 201 et seq . Defendants have moved for dismissal. Pending the outcome of this motion the magistrate judge stayed notice to putative plaintiffs and defendants' disclosure of the contact information for their employees.

Defendants' motion is held in abeyance. The stay is lifted so the plaintiff may send notice of this action to putative class members and make a motion to substitute or add plaintiffs. Defendants may renew their motion to dismiss at the conclusion of the sixty-day notice period.

II. Facts and Procedural History

Plaintiff was employed by the defendants from March to November 2011. See Pl. Mem. of Law in Opp. to Defs. Mot. to Dismiss (" Pl. Mem." ), at 1, May 30, 2013, ECF No. 43. He worked five or six shifts per week, approximately 10 hours per shift, and was paid at the hourly minimum wage level plus tips. Id . He alleges tat

Page 278

the defendants consistently underpaid him for the numbers of hours he worked. See id . He also asserts that they failed to pay him minimum wages and overtime compensation, and illegally deducted from his compensation for meals he did not receive and for any ...


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