Adriana S. Kosovych, an Associate in the Employment, Labor & Workforce Management practice, in the firm’s New York office, authored an article in Law360, titled “Chipotle Case Shows How Cos. Can Avoid Overtime Claims.” (Read the full version – subscription required.)
Following is an excerpt:
A New York federal court recently declined to certify under Rule 23 of the Federal Rules of Civil Procedure six classes of salaried “apprentices” at Chipotle restaurants asserting claims for overtime pay under the New York Labor Law (NYLL) and parallel state laws in Missouri, Colorado, Washington, Illinois and North Carolina, on the theory that they were misclassified as exempt executives in Scott et al. v. Chipotle Mexican Grill Inc. et al., Case No. 12-CV-8333 (S.D.N.Y. March 29, 2017). The court also granted Chipotle’s motion to decertify the plaintiffs’ conditionally certified collective action under Section 216(b) of the Fair Labor Standards Act, resulting in the dismissal without prejudice of the claims of 516 plaintiffs who had opted in since June 2013.
