“The Court finds that [the employee] meets his burden to establish that he is similarly situated to other employees in the proposed class. In his declaration, [the employee] states that he was required to work approximately seventy-three hours per week and was paid a flat rate of $145 per day. He did not receive overtime compensation for the hours he worked in excess of forty per workweek. In addition, [the employee] offers the names of two other sushi … who were employed by Defendants, worked in excess of forty hours per workweek, and were also paid a flat daily rate. [The employee] also offers the declaration of … a manager at … which corroborates his statements…. Since [the employee] filed his motion for certification, one former employee … has filed Notice of Consent to opt in to the lawsuit…. This is sufficient evidence to provide a reasonable basis for crediting the assertion that aggrieved individuals are similarly situated to [the employee] and they wish to join the action.”
Chin Chiu Mak v. Osaka Japanese Restaurant, Inc., No. 4:12-CV-3409, 2014 WL 222537 at *3 (S.D. Tex. January 21, 2014) (Harmon, J.).