Judge Suggests Collective Cert. For Benihana Workers

Law360, New York (April 21, 2011, 2:57 PM EDT) -- A federal magistrate judge recommended Wednesday that workers at six New York restaurants owned by Benihana Inc. should be able to pursue federal wage claims as a collective action but that a class should not be certified for state law claims.

Magistrate Judge James C. Francis recommended that a New York federal court certify an opt-in class of all tipped employees of Japanese restaurant chain Haru to bring Fair Labor Standards Act claims and that the court should decline to certify an opt-out class for New...
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