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Court certifies two suits against New York-area Applebee’s stores


Kansas City, Mo. -- A New York federal court conditionally certified two class action lawsuits alleging that managers of 36 Applebee's Neighborhood Bar & Grill franchise restaurants in the metro New York area systematically altered employee time records to avoid paying minimum and overtime wages to thousands of current and former employees. U.S. Magistrate Judge Cheryl L. Pollak of the Eastern District of New York granted the plaintiffs' motion for conditional collective action certification.

The court's order granting conditional certification covers all eligible non-managerial employees who have worked at the 36 restaurants in New York City, and Rockland and Westchester Counties since October 22, 2009. The first case – the "Martin" case – involves a class of all non-managerial employees at the restaurants. The second case – the "Dove" case – involves a sub-class of the same employees who received part of their income in the form of tips.

The workers are represented by The Ottinger Firm P.C.

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