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Sapphire Indian Cuisine Wants To Settle Under FLSA Faces Questions on Notice and Opt Outs

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Dec 7 –  Sapphire Indian Cuisine of 1848 Broadway is trying to settle with some of its employees a collective action under the Fair Labor Standards Act, for failure to pa overtime and minimum wage.

  On December 7 U.S. District Court for the Southern District of New York  Judge Jesse M. Furman held a proceeding. Inner City Press covered it.  

Judge Furman asked whether electronic notice should be provided, making clear that all state-law claims would be released unless a person opts out of the class.

At the end of the December 7, Judge Furman gave the parties until December 21 to meet and confer and agree on this, or to return with a status letter. Judge Furman said he thought this should be able to be resolved but if not, so be it, that's what litigation is for.

He apparently starts a trial on December 9 in another matter, having held a final pre-trial conference on December 7.

This Indian Cuisine case is Naik et al v. Swagat Restaurant, Inc. et al, 19-cv-5025 (Furman)


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