Jordan v. MV Transportation, Inc., and MV Contract Transportation, Inc., and Michelaire Phanor, an individual, et al., Index #: 513422/2016, New York State Supreme Court, Kings County
$1,500,000.00 – Class action settlement – The firm represented a class of drivers against their employer, an enterprise which provides transportation services for elderly and disabled individuals in the New York City area, and other regions in the United States. The action commenced on August 3, 2016 in the New York State Supreme Court Kings County, when the lead Plaintiff Jordan, filed a complaint asserting Fair Labor Standard Act (“FLSA”) and New York Labor Law (“NYLL”) claims for unpaid overtime and other statutory damages. Plaintiff brought this lawsuit as a class-action pursuant to Federal Rule of Civil Procedure 23, on behalf of himself and all other persons similarly-situated during the applicable NYLL and FLSA limitations period who suffered damages because of the Defendants’ violations of the NYLL, FLSA, and the supporting New York State Department of Labor regulations. After commencing the action and engaging in extensive negotiations, the parties agreed to settle the matter for the class, in the amount of $1,500,00.00. Subsequently thereafter, the parties submitted a joint motion for preliminary approval of the settlement. Accordingly, on March 14, 2018, the Honorable Judge Francois A. Rivera granted the Parties’ joint motion for preliminary approval of the settlement - - permitting Plaintiffs to notify current and former employees who worked for Defendants with similar job duties, for the purposes of consenting to file a claim to recover damages for overtime violations committed by the Defendants. Eventually, on August 21, 2018, Judge Francois A. Rivera granted the parties’ motion for final approval of the settlement. Michael J. Borrelli and Jeffrey R. Maguire, Esq. handled the matter on behalf of the Firm.