Kasowitz Defeats Motion for Class Certification in Wage and Hour Action

Kasowitz Defeats Motion for Class Certification in Wage and Hour Action

On September 19, 2012, Kasowitz defeated a motion for Rule 23 class certification on behalf of a New York-based Dunkin’ Donuts franchisee in an action brought by former employees in the Southern District of New York claiming wage law violations under the Fair Labor Standards Act and New York Labor Law. The primary claims alleged were failure to pay proper wages and gratuities (i.e., tip-pooling violations) to thousands of non-exempt employees and unlawful pay docking of managers and assistant managers at 25 store locations. The Kasowitz team included Jessica T. Rosenberg.