Grant v. Warner Music Group Corp. et al
Filing
51
MEMORANDUM OPINION & ORDER re: 28 MOTION to Certify Class Conditionally and for Court Authorized Notice Pursuant to 29 U.S.C. 216(b). filed by Samuel Westerkon, Evan Brieff, Danielle Grubb, Kyle Grant. For the reasons stated herein, Plaintiffs' motion for court-authorized notice is granted. The parties are directed to meet and confer as to appropriate language for notice and the methods for its dissemination, and to jointly submit a revised copy of the proposed notice and the proposed consent form for Court review by May 21, 2014. The Clerk of the Court is directed to terminate the motion (Dkt. No. 28). SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/13/2014) (kgo) Modified on 5/13/2014 (kgo).
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KYLE GRANT, individually and on behalf of
other persons similarly situated who were
employed by WARNER MUSIC GROUP
CORP. and ATLANTIC RECORDING
CORPORATION,
USDCSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: May 13,2014
MEMORANDUM
OPINION & ORDER
Plaintiffs,
13 Civ. 4449 (PGG)
- againstWARNER MUSIC GROUP CORP., and
ATLANTIC RECORDING CORPORATION,
Defendants.
PAUL G. GARDEPHE, U.S.D.l.:
In this putative collective action, Plaintiff Kyle Grant and several opt-in plaintiffs
assert minimum wage and overtime claims under the Fair Labor Standards Act ("FLSA"), 29
U.S.C. §§ 201 et seq., on behalf of themselves and others similarly situated. Plaintiffs claim that
they performed work as employees of Defendants but were misclassified as exempt from
minimum wage and overtime requirements.
Plaintiffs now seek to disseminate court-authorized notice of this case to members
of the putative collective action. See Dkt. No. 28. Defendants oppose Plaintiffs' application,
arguing that Plaintiffs have not demonstrated (1) the existence of an unlawful nationwide
internship policy; or (2) that they are similarly situated to each other or to members of the
putative collective. (Def. Br. (Dkt. No. 31) at 11-22)
For the reasons set forth below, Plaintiffs' motion for court-authorized notice will
be granted.
BACKGROUND
On June 27, 2013, Plaintiff Kyle Grant commenced this collective action on
behalf of himself and others similarly situated against Warner Music Group Corporation
("WMG") and Atlantic Recording Corporation ("Atlantic,,).l (Cmplt. (Dkt. No. I) ~ I) Grant, a
former student intern for WMG subsidiary Warner Bros. Records ("WBR"), alleges that
Defendants misclassified him and other similarly situated persons as unpaid interns exempt from
statutory minimum wage and overtime requirements. (Id.
~~
11,32-33) The misc1assification
purportedly reflects a nationwide employment policy that governs internship programs at all of
Defendants' U.S. locations. (Id. ~~ 22)
Grant interned in WBR's Radio Promotions Department in Manhattan from
August 2012 until April 2013. (Grant Dec!. (Dkt. No. 30-2) ~ 3; Cmplt. ~~ 10, 34, 38) Grant
typically worked five days a week from 9:30 a.m. until 8:00 p.m., for a total of approximately
fifty hours per week, but he received no compensation. (Grant Dec!. (Dkt. No. 30-2) ~~ 4-6;
Cmplt. (Dkt. No. 1) ~~ 33-35,37-38) His work consisted of routine office tasks, such as
answering telephones, making photocopies, making deliveries, preparing coffee, and organizing
and cleaning the office. (Grant Dec!. (Dkt. No. 30-2); Cmplt. (Dkt. No. 1) ~ 36) Although Grant
was a student at the time, he claims that he received no academic credit for his internship. (Grant
DecL (Dkt. No. 30-2) ~ 12)
1 The Complaint states that this action is brought on behalf of persons currently and formerly
employed by "entities affiliated with or controlled by Warner Music Group Corp. and Atlantic
Recording Corporation." (Cmplt. (Dkt. No.1) ~ 1) Atlantic is a record label and subsidiary of
WMG. (Declaration of Atlantic Human Resources Coordinator Monica Barrios ("Barrios
Dec!.") (Dkt. No. 32-1) ~ 2)
2
In support of their motion, Plaintiffs have submitted declarations from Grant and
three opt-in plaintiffs who interned for Defendants or their subsidiaries. 2 Opt-in plaintiff Samuel
Westerkon interned five days a week in Atlantic's Product Development and Business Analy1ics
Department in Manhattan between June 2012 and August 2012. (Westerkon Dec!. (Dkt. No. 30
3) ~ 3) His duties included preparing business analytics, proofreading, and assisting in product
development. (ld.
~~
3, 7) Westerkon asserts that he performed the same work as paid
employees in his department.
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