Munoz v. The Group US Management LLC

Background

The court had previously granted in part and denied in part the plaintiffs’ request for conditional collective certification under the Fair Labor Standards Act, the federal wage-and-hour law. That earlier order required the defendants to provide information about tipped employees who worked at La Grande Boucherie and Petite Boucherie, referred to together as the “Primary Locations,” on or after May 17, 2019.

The defendants moved for reconsideration of the notice period for those employees. They argued that using a date three years before the filing of the action resulted from an oversight that should be corrected. The plaintiffs opposed the motion. The plaintiffs also submitted a revised notice for potential participants to review and use if they wished to join the case. The defendants did not object to the revised notice.

Motion for reconsideration

The court explained that reconsideration is an exceptional remedy generally limited to an intervening change in controlling law, new evidence, a clear error, or the need to prevent serious injustice. The court also considered the federal rule allowing correction of clerical mistakes or mistakes caused by oversight or omission.

The court concluded that the notice period was reasonably defined and was not a mistake caused by oversight or omission. The court noted that the Fair Labor Standards Act allows a three-year limitations period for willful violations, but that the limitations period continues to run for each potential participant until that person files a written consent to join the case. The court had previously declined to apply blanket equitable tolling, meaning a general extension of the limitations period, while leaving open individualized requests based on particular circumstances.

The court therefore denied the defendants’ Motion for Reconsideration, ECF No. 109.

Revised notice

The court approved the Revised Notice in the form submitted at ECF No. 114-1. Plaintiffs must promptly finalize and transmit it in English and Spanish to all current and former front-of-house tipped employees who worked at the Primary Locations on or after May 17, 2019. The notice may be sent by mail, email, and/or text message.

During the 60-day period for potential participants to join the case, counsel may not contact any individual more than twice through any one communication method. Plaintiffs must tell the court by letter when the revised notice was first transmitted and what opt-in deadline—60 days later—the notice specifies.

The defendants must promptly post the revised notice in English and Spanish in a location readily accessible during regular business hours to front-of-house tipped employees at the Primary Locations. They must also tell the court by letter when the notice was first posted.

Disposition

The court directed the clerk to terminate the motion at ECF No. 109 as denied. The Revised Notice was approved. This order addressed reconsideration and notice procedures; it did not decide the underlying wage-and-hour claims.