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Case Name Guzman v. VLM Inc. IM-NY-0044
Docket / Court 07-1126 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
On March 16, 2007, employees of VLM, Inc., most from Pakistan and Central and South America, filed a class action lawsuit against VLM in the U.S. District Court for the Eastern District of New York under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law. The plaintiffs, ... read more >
On March 16, 2007, employees of VLM, Inc., most from Pakistan and Central and South America, filed a class action lawsuit against VLM in the U.S. District Court for the Eastern District of New York under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law. The plaintiffs, represented by private counsel, asked the court for monetary relief, alleging they were owed overtime pay. Specifically, the plaintiffs claimed that VLM had engaged in a policy and practice of requiring their employees to regularly work over 10 hours per day, without providing overtime compensation as required by federal and state law.

On October 11, 2007, the Court (Judge John Gleeson) authorized notice of a class action under the FLSA's provisions for collective actions, allowing similarly situated employees to opt into the lawsuit. Guzman v. VLM, Inc., No. 07-CV-1126, 2007 WL 2994278 (E.D.N.Y. Oct. 11, 2007). After notice had been issued and only four additional VLM employees had opted in, on March 2, 2008, the Court (Judge Gleeson) certified a traditional Rule 23 opt-out class action to pursue claims under state law, finding that employees' evident fear of retaliation for participating in the opt-in process justified the additional approach. Guzman v. VLM, Inc., No. 07-CV-1126, 2008 WL 597186 (E.D.N.Y. Mar. 2, 2008).

The parties began discussing a settlement later that year, and came to an agreement in July of 2009. The settlement agreement required VLM to pay a total of $540,000 in FLSA class claims and legal fees. On August 14, 2009, the Court (Magistrate Judge Ramon E. Reyes, Jr.) entered a consent decree approving the settlement and maintained jurisdiction to ensure the terms of the settlement were enforced. After the payments were made, the Court (Judge Kiyo A. Matsumoto) dismissed the case on September 29, 2010.

Christopher Schad - 05/31/2012


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Issues and Causes of Action
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Issues
Immigration
Employment
Plaintiff Type
Private Plaintiff
Causes of Action State law
Fair Labor Standards Act (FLSA), 29 U.S.C. ยงยง 201-219
Defendant(s) VLM, Inc.
Plaintiff Description individuals residing in the State of New York who have worked for VLM
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:07-cv-01126-KAM-RER (E.D.N.Y.) 09/28/2010
IM-NY-0044-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 03/16/2007
IM-NY-0044-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order (Opt-In Class Under FLSA) 10/11/2007 (2007 WL 2994278) (E.D.N.Y.)
IM-NY-0044-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order (Opt-Out Class) 03/02/2008 (2008 WL 597186) (E.D.N.Y.)
IM-NY-0044-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Order (Settlement) 08/14/2009 (E.D.N.Y.)
IM-NY-0044-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gleeson, John (E.D.N.Y.)
IM-NY-0044-0002 | IM-NY-0044-0003
Matsumoto, Kiyo A. (E.D.N.Y.) [Magistrate]
IM-NY-0044-9000
Reyes, Ramon E. Jr. (E.D.N.Y.) [Magistrate]
IM-NY-0044-0004 | IM-NY-0044-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ambinder, Lloyd (New York)
IM-NY-0044-0001 | IM-NY-0044-9000
Lusher, LaDonna Marie (New York)
IM-NY-0044-9000
Defendant's Lawyers Dmoch, Gary J. (New York)
IM-NY-0044-9000
Labuda, Joseph M. (New York)
IM-NY-0044-9000
Newberger, Netanel (New York)
IM-NY-0044-9000
Other Lawyers None on record

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