Ortega v. Zoni Language Centers

Background

Princesa Ortega and Nathalia Garcia sued Zoni Language Centers, Inc., Zoni Language Centers-Flushing, LLC, and Julio Nieto under the Fair Labor Standards Act (FLSA) and New York and New Jersey wage laws. They alleged that Zoni failed to pay appropriate minimum wages and overtime, failed to pay promised commissions, and did not provide accurate wage statements. They sought to represent themselves and a proposed class and collective of workers.

The plaintiffs moved under 29 U.S.C. § 216(b) for conditional certification of an FLSA collective and authorization to notify potential opt-in plaintiffs. Ortega and Garcia submitted declarations describing alleged unpaid work exceeding 40 hours per week, unpaid commissions, sales quotas, and instructions or practices that allegedly prevented accurate recording or payment of overtime. They also described similar experiences reported by other student services representatives at multiple Zoni locations.

Legal standard

At the first stage of an FLSA collective action, the court decides whether potential opt-in plaintiffs appear similarly situated to the named plaintiffs regarding whether an FLSA violation occurred. Plaintiffs must make a modest factual showing that they and potential opt-in plaintiffs were victims of a common policy or plan that violated the law. The court does not decide the ultimate merits, resolve factual disputes, or determine witness credibility at this stage.

Court’s analysis

The court found that the plaintiffs met this low burden for student services representatives. Their declarations described similar overtime and commission practices at multiple locations, communications with other student services representatives who reported similar experiences, and alleged common management and pay policies. The court also relied on evidence that employees worked at multiple locations or filled in for employees elsewhere, that a common human-resources form applied to locations in New York, New Jersey, and Florida, and that Julio Nieto had management responsibilities and involvement in pay policies across locations.

The court declined to include hourly workers in other positions. The plaintiffs provided only limited information about bursars, without enough detail about their job duties, schedules, pay rates, or whether they worked more than 40 hours per week. The court also rejected the defendants’ arguments that Ortega’s immigration status or the plaintiffs’ work at particular locations defeated conditional certification.

Disposition

The court concluded that the motion was granted in part and denied in part. It conditionally certified a collective consisting of all student services representatives employed at all Zoni locations from October 29, 2021, through October 14, 2025. The court did not make a merits finding or decide whether a collective action would ultimately be appropriate.

The parties were ordered to meet and confer on revised English and Spanish notice and opt-in forms and submit them for court approval within 14 days. Within two weeks, the defendants were ordered to provide a list of student services representatives employed at all Zoni locations in New York, New Jersey, and Florida during the specified period, including last-known addresses, email addresses, and telephone numbers. The court did not require production of Social Security numbers.