MCB Labor & Employment Partner Valerie K. Ferrier and Associate Stacey Lococo handled this matter in the Eastern District of New York involving plaintiff, a former employee of a Brooklyn restaurant, sued for alleged unpaid wages and retaliatory termination. After plaintiff failed to take any class discovery, and without ever having moved for conditional class certification under the lower standard of the Fair Labor Standards Act, he moved for class certification under Fed. R. Civ. P. 23, and lost. The case then proceeded to a bench trial on an individual basis. The court’s findings of fact determined that plaintiff was not credible. The court held that plaintiff failed to prove that the FLSA, the only federal implicated in the case, even applied. Thus, the FLSA claim was dismissed, and Plaintiff was awarded a total of $374 in actual and liquidated damages, plus statutory penalties and nominal interest. Defendants will be moving for sanctions based on fees incurred defensing against plaintiff’s unsuccessful motion for class certification.