On October 25, 2013, the U.S. District Court (S.D.N.Y.) denied Defendant’s motion for Interlocutory Appeal. As a result, the case will proceed as a collective action and notice will be sent to current and former employees of Chipotle Mexican Grill giving them the opportunity to join the lawsuit.
In denying Defendant’s Motion for Interlocutory Appeal, the Court stated that there is no “substantial difference of opinion in this Circuit” regarding whether Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), applies to conditional certification of a collective action. Courts in the Second Circuit have “routinely rejected the application of Dukes in conditionally certifying [Fair Labor Standards Act] collective actions.”
The Court also held that Defendant’s other arguments (whether the two-step certification inquiry is appropriate, what evidence is necessary to meet the standard it articulates for conditional certification, and if conditional certification was properly granted) failed persuade the Court that this case is the “rare exception to the final judgment rule.” Since Defendant’s arguments failed to satisfy all the requirements for an interlocutory appeal, the Court denied Defendant’s motion.
If you work or have worked as an Apprentice or an Assistant Manager at Chipotle Mexican Grill within the past 6 years, please contact Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation to discuss your rights under the Fair Labor Standards Act and the New York Labor Law.