United States District Court, W.D. North Carolina, Asheville Division
ASHLEY GALLEHER, on behalf of herself and all others similarly situated, Plaintiff,
ARTISANAL, LLC, and BILL GREENE, Defendants.
Carleton Metcalf, United States Magistrate Judge.
matter is before the Court on Plaintiff's Motion to
Conditionally Certify a Collective Action and Facilitate
Notice Under 29 U.S.C. §216(b) (Doc. 14) (“Motion
for Conditional Certification”), which has been
referred to the undersigned pursuant to 28 U.S.C. §
Relevant Procedural Background
filed her Complaint on February 18, 2019 (Doc. 1). Defendants
answered on June 14, 2019 (Doc. 10).
Certification of Initial Attorneys' Conference was filed
on July 9, 2019 (Doc. 12).
filed her Motion for Conditional Certification, a supporting
memorandum, and a declaration on July 31, 2019. (Docs. 14,
15). Defendants responded and Plaintiff replied. (Docs. 16,
alleges as follows:
Artisanal, LLC (“Artisanal”) is a North Carolina
company with its principal place of business in Banner Elk.
Pl.'s Compl. (“Complaint”) (Doc. 1) at ¶
Bill Greene is an owner, member and/or officer of Artisanal.
Complaint at ¶ 7.
owns and operates fine dining establishments in Banner Elk
and Charlotte, North Carolina. Declaration of Ashley Galleher
(“Declaration”) (Doc 15-1) at ¶ 3.
restaurant in Banner Elk (“Restaurant”) operates
seasonally, from May through October of each year.
Declaration at ¶ 3.
was employed at the Restaurant from July 2017 until June
2018. Complaint at ¶ 5. She was hired by Defendants as a
server and worked during her employment as both a bartender
and a server until resigning to pursue other employment.
Declaration at ¶ 4.
she was employed at the Restaurant, Plaintiff was paid
bi-weekly at the hourly rate of $2.13 per hour. Her primary
compensation, however, was through gratuities. Other
employees, including bussers, hosts/hostesses, and food
runners/expediters, were paid in a ...