On July 25, 2014, Judge Sullivan granted Plaintiffs’ motion to amend the complaint in the Gonyer v. Vane Line Bunkering case pending in the U.S. District Court Southern District of New York. The case was filed on November 23, 2013 against Vane Line Bunkering, a company providing maritime services in New York, Philadelphia, Baltimore, Norfolk, and Charleston.
The case concerns tankermen who worked over 40 hours per week without receiving any overtime compensation. Instead, Plaintiffs only received a day rate as their form of compensation and did not receive any overtime compensation. In its decision on July 25, 2014, the Court granted the Plaintiffs’ request for leave to amend the complaint to name two additional lead Plaintiffs on the case. The Court concluded that because the amended complaint that Plaintiffs seek to file is substantially identical to the original complaint, the Plaintiffs would be allowed to file an amended complaint no later than August 1, 2014. Moreover, the Court ruled that prospective plaintiffs may join an FLSA case at any time and a Rule 68 offer of judgment does not moot a case where additional plaintiffs joined the case prior to the offer being accepted.
In this case, the named Plaintiff accepted an offer of $65,000. This decision should be a lesson to employers to be careful of what they wish for regarding using Rule 68 Offers.
Please contact our office at (212) 300-0375 to speak to one of our employment lawyers if you have any questions about the lawsuit. For more information, about the case visit our website Current Cases – Fitapelli & Schaffer, LLP – Vane Brothers Company. Click here to read the decision: Gonyer v Vane Line Bunkering Inc- Rule 68 Issue