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Mentor v. Imperial Parking Sys., Inc – Case Brief Summary (New York)

In Mentor v. Imperial Parking Sys., Inc. (246 FRD 178, 185 [SD NY 2007]), the Court certified a class action, where the claims arose from an allegedly unlawful policy of denying overtime pay to employees, upon a finding that there was no other litigation pending, the common questions predominated over questions affecting only individual members of the class, and the individual class members had little need to control their claims separately and, to the extent that such concerns existed, they would be mitigated by the availability of the opt-out option.