Black et al v. DMNO, LLC et al, No. 2:2016cv02708 - Document 31 (E.D. La. 2016)

Court Description: ORDER AND REASONS granting 12 Motion to Certify Class. Signed by Judge Susie Morgan on 11/29/2016. (cg)

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Black et al v. DMNO, LLC et al Doc. 31 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JAMES BLACK, ET AL., Plaintiff CIVIL ACTION VERSUS NO. 16-2708 DMNO, LLC, ET AL., Defendants SECTION: “E” ORDER AND REASONS Before the Court is Plaintiffs’ motion for conditional class certification and judicial notice.1 For the reasons set forth below, the motion is granted for good cause and in the interests of justice with the changes described below. Plaintiffs requested the class be defined as: (1) You were employed as an hourly employee at Doris Metropolitan within the past three years and were not paid overtime, and/or (2) You were employed as a server at Doris Metropolitan, paid less than $7.25 per hour in direct cash wages (e.g., you were paid $2.13/hour), and you were required to tip out a portion of your tips to managers and/or owners/managers. This definition would encompass all hourly workers at Doris Metropolitan, both front of house and back of house. The allegations of the Complaint2 and memorandum in support of class certification3 center on servers and bartenders. The Fair Labor Standards Act (“FLSA”) requires the action to be brought by similarly situated employees. 4 The Court finds that the class should be limited to bartenders, servers, and assistant servers as they are the similarly situated employees. R. Doc. 12. R. Doc. 1. 3 R. Doc. 12-1. 4 29 U.S.C. § 216(b). 1 2 Dockets.Justia.com IT IS ORDERED that this action is conditionally certified as an FLSA collective action until further ordered by this Court. The class is defined as: (1) You were employed as a bartender and paid as an hourly employee at Doris Metropolitan within the past three years and were not paid overtime, and/or (2) You were employed as a server or assistant server at Doris Metropolitan, paid less than $7.25 per hour in direct cash wages (e.g., you were paid $2.13/hour), and you were required to tip out a portion of your tips to managers and/or owners/managers. IT IS FURTHER ORDERED that Plaintiffs may, at their expense, notify other potential class members of this action using the Proposed Notice attached to Plaintiffs’ reply memorandum in support of their motion for conditional class certification and judicial notice,5 modified to reflect the class definition set forth above. Plaintiffs shall use the Consent Form attached to Defendants’ memorandum in opposition to the motion for class certification.6 New Orleans, Louisiana, this 29th day of November, 2016. _____________________ __________ SUSIE MORGAN UNITED STATES DISTRICT JUDGE 5 6 R. Doc. 30-1. R. Doc. 28-2.

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