At the first stage, 'the court makes a preliminary determination whether the employees enumerated in the complaint can be provisionally categorized as similarly situated to the named plaintiff.' Id. The Third Circuit follows a two-step process when determining if a suit brought under the FLSA may proceed as a collective action. 23, the FLSA requires collective action members to affirmatively opt in by filing a written consent with the court. Distinct from class actions brought under Fed. The statute grants 'similarly situated' employees the right to sue in a collective action. 'The FLSA establishes federal minimum-wage, maximum-hour, and overtime guarantees that cannot be modified by contract.' Genesis Healthcare Corp. ¶ 18.) He concludes his affidavit with an appeal to the Court to 'allow to represent the interests of co-workers in this action' by certifying his collective action. ¶¶ 13-18.) Goh alleges that the defendants 'exploited me and my co-workers, and it is my hope that we will be permitted to recover wages that we are owed.' ( Id. Eugene also drives people to and from work. There was another sushi chef named Eugene, who worked at the sushi bar, he is Chinese, and is in his 40s. There was also this Malaysian waitress, about 50 years old. He was of a smaller build, skinny and short. There was this Mexican dishwasher, who was in his 20s, whom I do not recall his name. Another guy amed Addy, who worked in the kitchen frying tempuras, he is between 30 to 40 years old, from Mexico. There was a guy named Peter, who worked on hibachi in the kitchen he is between 50 to 60 years old, from Malaysia. Goh identifies five of these employees, listing each one's role in the restaurant, nationality, estimated age, and certain physical characteristics: 13. ¶ 10.) Goh also asserts that these employees 'worked for six (6) days a week, and similar hours' to Goh. Goh alleges knowledge of 'Sushi O's policy to not pay any employees for overtime' based on his conversations 'with other sushi chefs, kitchen workers, waiters, and various other employees.' ( Id. over forty (40) hours each week.' (Goh Aff. ¶ 44.) Goh asserts that he was 'never informed of hourly rate' and 'was not compensated at one- and one-half of my calculated hourly wage for all hours. ¶ 43.) His weekly pay rate dropped to $750 from Decemuntil June 28, 2015, when his employment with defendants ended. ¶ 5(e).) On September 1, 2014, he received a $25 weekly pay increase, and was paid $825 a week until November 30, 2014. Goh alleges that he was paid 'a flat rate of $800 each week' from to August 31, 2014. ¶ 5(a)-(c).) This adds up to 59.5 hours per week. Sunday included one extended shift, 11:30 A.M. Tuesday through Friday included two shifts, 10:30 A.M. 17-2, Goh Aff.), Sushi O, located in Edison, New Jersey, employed him as a 'kitchen worker to handle fry wok work' from until June 28, 2015. Factual BackgroundĪs alleged in the complaint and supported by Goh's affidavit (D.E. 1-2.)įor reasons set forth below, the Court denies Goh's motion without prejudice. 16, Mot.) Goh also seeks the issuance of court-authorized notice to the conditional collective action members, compelled production of a data file containing these members' contact information, equitable tolling of the statute of limitations pending the expiration of the opt-in period, and an order requiring that defendants post the approved notice in 'conspicuous locations at the location where the worked, or are now working.' (Mot. 1, Compl.) Before the Court is Goh's motion to conditionally certify this collective action. § 216(b), by failing to pay overtime wages to him and other similarly situated employees. Tam, Yuk Yen Chai, and Yuk Wing Chai (collectively, 'defendants') violated the Fair Labor Standards Act ('FLSA'), 29 U.S.C. This lawsuit brought by plaintiff Jit Shi Goh arises out of allegations that defendants Nori O Inc., Otaya Sushi II, Inc., Peng L.

Norbu of sushio inc