Lieberman v. Altounion Constr., Inc.

7 Citing cases

  1. Rivera v. Plateia, Inc.

    23 C 14292 (N.D. Ill. Jan. 8, 2025)

    Plaintiffs can carry their burden by offering “some evidence in the form of affidavits, declarations, deposition testimony, or other documents to support the allegations that other similarly situated employees were subjected to a common policy that violated the law.” Lieberman v. Altounion Constr., Inc., No. 19-cv-0910, 2019 WL 6467321, at *2 (N.D. Ill.Dec. 2, 2019) (quoting Pieksma v. Bridgeview Bank Mortg. Co., No. 15 C 7312, 2016 WL 7409909, at *1 (N.D. Ill.Dec. 22, 2016)).

  2. Scott v. Freeland Enters.

    1:22-CV-43-HAB (N.D. Ind. Sep. 19, 2022)

    Plaintiffs can satisfy this standard by offering “some evidence in the form of affidavits, declarations, deposition testimony, or other documents to support the allegations that other similarly situated employees were subjected to a common policy that violated the law.” Lieberman v. Altounion Constr., Inc., No. 19-CV-0910, 2019 WL 6467321, at *2 (N.D. Ill.Dec. 2, 2019) (citations omitted). Plaintiff has submitted an affidavit in support of conditional certification.

  3. Campbell v. Marshall Int'l

    623 F. Supp. 3d 927 (N.D. Ill. 2022)   Cited 4 times

    Plaintiff can satisfy this standard by offering "some evidence in the form of affidavits, declarations, deposition testimony, or other documents to support the allegations that other similarly situated employees were subjected to a common policy that violated the law." Lieberman v. Altounion Constr., Inc., No. 19-cv-0910, 2019 WL 6467321, at *2 (N.D. Ill. Dec. 2, 2019) (citations omitted).

  4. Campbell v. Marshall Int'l

    20 C 5321 (N.D. Ill. Aug. 1, 2022)

    Plaintiff can satisfy this standard by offering “some evidence in the form of affidavits, declarations, deposition testimony, or other documents to support the allegations that other similarly situated employees were subjected to a common policy that violated the law.” Lieberman v. Altounion Constr., Inc., No. 19-cv-0910, 2019 WL 6467321, at *2 (N.D. Ill.Dec. 2, 2019) (citations omitted).

  5. Perizes v. Dietitians at Home, Inc.

    19-cv-00740 (N.D. Ill. Aug. 27, 2021)   Cited 2 times

    Determining if Kornaros or Hall had actual or constructive knowledge of whether named Plaintiff and any opt-in plaintiffs actually worked overtime without receiving compensation requires individualized inquiries and analysis of available defenses; these analyses are reserved for step two and need not be addressed here. See Lieberman v. Altounion Constr., Inc., 2019 WL 6467321, at *1 (N.D.Ill.Dec. 2, 2019) (granting conditional certification of a collective action against a construction company and its president, in his individual capacity, without discussing the president's knowledge and whether individual liability would attach); Girolamo v. Cmty. Physical Therapy & Assocs., Ltd., 2016 WL 3693426, at *1 (N.D. Ill. July 12, 2016) (same). All in all, the Court is unpersuaded by Defendants' core argument that sworn testimony from only one potential class member is insufficient, because sworn testimony from one potential class member was sufficient in Dennis; Defendants conveniently ignore the additional testimony from Defendants' witness, Hall; and Defendants have not cited an analogous case in which testimony from one potential class member and a defendant's corporate representative, on their own, were not enough to meet the substantially similar threshold.

  6. Depyper v. Roundy's Supermarkets, Inc.

    Case No. 20-cv-2317 (N.D. Ill. Nov. 9, 2020)   Cited 1 times

    The Defendants cite several cases in which the Court has required notification to come in the form of a PDF, pointing to the potential for text in the body of an email to be altered and forwarded to unintended recipients. The defendants cite three cases in support of this argument, including cases decided by this Court: Colon v. EYM Pizza of Ill., LLC, 2019 U.S. Dist. LEXIS 178056, *12 (N.D. Ill. 2019) (Rowland, J.); Lieberman v. Altounion Constr., Inc., 2019 U.S. Dist. LEXIS 207440, *8 (N.D. Ill. 2019)(Rowland, J.); Muir v. Guardian Heating & Cooling Servs., 2017 U.S. Dist. LEXIS 35232, at *29 (N.D. Ill. 2017) ("[m]indful of 'the [undesirable] potential for recipients to modify and redistribute email messages,' the Court requires that the notice be emailed as a .pdf attachment rather than included in the body of the email message"). However, the Court is persuaded by the information contained in Mr. Dancy's declaration to revise its previous thinking on the matter.

  7. Lechuga v. Elite Eng'g, Inc.

    503 F. Supp. 3d 741 (N.D. Ill. 2020)   Cited 3 times

    Plaintiffs can satisfy this standard by offering "some evidence in the form of affidavits, declarations, deposition testimony, or other documents to support the allegations that other similarly situated employees were subjected to a common policy that violated the law." Lieberman v. Altounion Constr., Inc. , No. 19-CV-0910, 2019 WL 6467321, at *2 (N.D. Ill. Dec. 2, 2019) (citations omitted). The theory of plaintiffs’ case is that defendants avoided paying them overtime wages as required by the FLSA by misclassifying them--and other cable technicians who performed similar work--as independent contractors.