Jenner & Block

Firm Wins Victory when Judge Dismisses Employment Class and Collective Action

Jenner & Block won a victory for client FDM Group when a judge dismissed a putative class/collective action complaint alleging violations of the Fair Labor Standards Act and the New York Labor Law.  FDM trains and recruits workers in the information technology space and places them with FDM’s institutional clients.  The lead plaintiff, Grace Park, was a trainee who was placed as an FDM consultant at a financial institution for a two-year placement term.  She alleged minimum wage, overtime, gap time and record-keeping violations.  On March 9, US District Judge Laura Taylor Swain for the Southern District of New York dismissed all claims, and accordingly refused to give notice to the members of the putative class/collective.  The judge found that the plaintiff 1. did not plausibly show that she was entitled to wages during her period as trainee; 2. did not show that her compensation while serving as an FDM consultant was below minimum wage; and 3. did not adequately alleged that she worked more than 40 hours in any given week.  Partners Stephen L. Ascher and Reena R. Bajowala and Associates Christine M. Bowman and Ryan H. Gerber represented FDM.