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VERMA v. 3001 CASTOR, INC., 13-3034 (2016)

Court: District Court, E.D. Pennsylvania Number: infdco20161130d46 Visitors: 21
Filed: Nov. 29, 2016
Latest Update: Nov. 29, 2016
Summary: ORDER ANITA B. BRODY , District Judge . AND NOW, this __29th ____ day of November, 2016, it is ORDERED as follows: • Plaintiff's motion for final collective action certification of her FLSA claims (ECF No. 105) is GRANTED. • Defendant's motion to decertify the conditionally certified FLSA collective action (ECF No. 106) is DENIED. • Plaintiff's motion for Rule 23 class certification of her state law claims (ECF No. 104) is GRANTED IN PART AND DENIED IN PART. • The following cl
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ORDER

AND NOW, this __29th ____ day of November, 2016, it is ORDERED as follows:

• Plaintiff's motion for final collective action certification of her FLSA claims (ECF No. 105) is GRANTED. • Defendant's motion to decertify the conditionally certified FLSA collective action (ECF No. 106) is DENIED. • Plaintiff's motion for Rule 23 class certification of her state law claims (ECF No. 104) is GRANTED IN PART AND DENIED IN PART. • The following class is CERTIFIED pursuant to Rule 23: All persons who, during the period of May 31, 2010 and continuing through the entry of judgment in this case, performed as a dancer at Defendant's adult entertainment club in Philadelphia, Pennsylvania. • Rule 23 class certification is GRANTED for Plaintiff's following claims: □ Violation of the Pennsylvania Minimum Wage Act for failure to pay minimum wage; □ Violation of the Pennsylvania Minimum Wage Act for failure to pay overtime time compensation; □ Violation of the Pennsylvania Wage Payment Collection Law and/or Pennsylvania common law due to deductions for tip-outs. • Rule 23 class certification is DENIED for Plaintiff's following claims: □ Violation of the Pennsylvania Wage Payment Collection Law and/or Pennsylvania common law due to deductions for stage rental fees; □ Violation of the Pennsylvania Wage Payment Collection Law and/or Pennsylvania common law due to deductions for fines; □ Violation of the Pennsylvania Wage Payment Collection Law and/or Pennsylvania common law due to deductions for room rental fees.

It is further ORDERED that, on or before December 14, 2016, Plaintiff must file a proposed notice of class action for the Rule 23 class.

Source:  Leagle

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