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Verdicts
Failure to Certify an Action
Barfield v. New York City Health and Hospitals Corp., 06-4137-cv (2nd Cir., Aug. 8, 2008).
Plaintiff nursing assistant worked at Bellevue Hospital, at times, for more than 40 hours weekly but never for more than 40 hours for any of the three agencies directly employing her. Holding Bellevue liable under the Fair Labor Standards Act (FLSA), the district court awarded the plaintiff $887 in overtime pay. It also ordered Bellevue and the New York City Health and Hospitals Corporation to pay $6,565 in costs. The plaintiff appealed the court's award of reduced attorney's fees for failure to secure her action's certification as an FLSA collective action. In ruling that the court acted in its discretion in reducing attorney's fees, the appeals panel noted that the primary aim of the plaintiff's suit was to certify a collective action, for which she failed to make even the “modest factual showing” required. Against the background of anticipated relief for thousands, the plaintiff's recovery of $1,744 in damages for herself appeared to reflect only a small degree of success.
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