Adams v. Bloomberg L.P.

Background

Sheena Adams, individually and on behalf of other similarly situated people, brought claims against Bloomberg L.P. under the Fair Labor Standards Act (FLSA) and New York Labor Law. She moved for conditional certification of an FLSA collective action under 29 U.S.C. § 216(b).

Adams asked the court to include overtime-eligible Customer Support Representatives and other overtime-eligible Bloomberg employees subject to Bloomberg’s rounding policies who had worked in the United States during the three years before the original complaint was filed. She also requested approval of proposed notices, an order requiring Bloomberg to provide identifying and contact information for potential collective members, and tolling of the FLSA limitations period for potential opt-in plaintiffs as of September 18, 2020.

Related Recommendation

The order states that, earlier the same day, the court issued a Report and Recommendation to Judge Ronnie Abrams. That recommendation advised granting Bloomberg’s motion for summary judgment and dismissing Adams’s second amended complaint with leave to amend to substitute the opt-in plaintiffs. The opinion does not state that Judge Abrams had adopted that recommendation in this order.

Ruling

Magistrate Judge James L. Cott denied Adams’s motion for conditional certification and the related requested relief without prejudice. The court explained that the request could be renewed later if the case proceeded in a way that would justify conditional certification. The Clerk was directed to mark Docket No. 102 as “denied without prejudice.”