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El Gallito Mexican Bakery

This lawsuit seeks to recover unpaid overtime compensation for cashiers and other bakery employees who worked for El Gallito Mexican Bakery in Reading, PA.

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Case Updates

Dec 5, 2016

Today, our firm, along with co-counsel Community Justice Project, started this class/collective action lawsuit by filing a Complaint with the United States District Court for the Eastern District of Pennsylvania against El Gallito Mexican Bakery (“El Gallito”). The lawsuit is brought on behalf of individuals who worked at its Reading, Pennsylvania bakery within the last three years. The lawsuit alleges that, El Gallito failed to pay proper overtime premium pay for hours worked over 40 in a week by employees at El Gallito’s bakery in violation of federal and Pennsylvania law. You can access the Complaint below. If you would like additional information about the lawsuit and whether you are covered or potentially eligible to join, feel free to call our office at (215) 884-2491.

Jan 27, 2017

Today, El Gallito filed an Answer to the Complaint. In the Answer, El Gallito denies violating the law and asserts that its pay practices are legal. A copy of the Answer is available below.

Feb 27, 2017

Today the Honorable Edward G. Smith held an initial pre-trial conference with the parties to establish a schedule for initial deadlines in this case. It is anticipated that Judge Smith will issue his scheduling order shortly.

Feb 28, 2017

Today Judge Smith issued his initial scheduling order. A copy of the scheduling order is available below. The Court set a May 22, 2017 deadline for the Plaintiff to file her motion for conditional certification of the proposed Fair Labor Standards Act collective.

Jul 21, 2017

Today, our firm filed a Motion seeking “conditional certification” of the FLSA collective. In this Motion, we request that the Judge approve a process whereby all of the employees potentially covered by the lawsuit will be mailed a written notice telling them about the lawsuit and a form that they can complete if they want to join the lawsuit. You can access the Conditional Certification Motion below. Oral arguments are currently scheduled to be held in August on this motion.

Aug 18, 2017

Today, we are pleased to announce that Judge Edward G. Smith of the Eastern District of Pennsylvania granted our Motion for Conditional Certification. In accordance with the Court’s ruling, notice will be mailed out in the coming weeks to employees of El Gallito so that they will have the opportunity to join the case. You can access a copy of the Court’s order below.

Nov 6, 2017

The opt-in period is now closed and we are happy to report that a total of six employees are now covered by the Case.

Mar 12, 2018

We are please to announce that earlier today Judge Edward G. Smith of the Eastern District of Pennsylvania entered an order approving the settlement of this case.

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