In R* v H* Construction Co., Inc., a group of construction workers employed by H* Construction, alleged that they were systematically underpaid for the time they spent reporting to the company’s yard in the morning and traveling between the yard and various work sites. Seeking relief, they moved for class certification to pursue their claims collectively.
The New York County Supreme Court granted the plaintiffs’ motion, affirming that common questions predominated over individual concerns. On appeal, the Appellate Division upheld this decision, finding that the claims were particularly suited for class action treatment. The court pointed to prior decisions that emphasized how wage and hour disputes, particularly those stemming from an employer’s standardized policies, lend themselves to class adjudication.
H* opposed the motion, primarily arguing that it did not have a systematic policy of underpaying workers. However, the court reiterated that the issue of class certification does not hinge on proving the merits of the plaintiffs' case outright. Instead, plaintiffs only needed to demonstrate that their claims were supported by credible evidence. Sworn statements from numerous workers provided sufficient support to meet this threshold.
Additionally, the appellate court determined that a class action was the superior method of resolving the dispute, considering the cost of individual litigation and the relatively modest damages for each worker. Given these factors, the court found that individual lawsuits would not be as practical or efficient as a class proceeding.
Ultimately, the appellate court rejected H*s arguments and affirmed the lower court’s ruling. This decision underscores the judiciary’s receptiveness to wage and hour class actions, particularly where there is an alleged employer-wide policy affecting many workers. It also highlights the relatively low burden plaintiffs must meet at the certification stage—providing credible allegations rather than definitive proof.
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DECISION