August 12, 2011

August 12, 2011 by mjpospis

NY Appellate Division: NY whistleblower election-of-remedies provision does not bar Section 1983 claim

Frank v. State of New York et al., 2011 NY Slip Op 04588 (App. Div. 3d Dept. June 2, 2011): Plaintiff, a state employee, asserted claims under the public-sector whistleblower law (Civil Service Law § 75-b) and 42 U.S.C. § 1983 after he was demoted, then terminated, following his complaints of “improper governmental practices” that allegedly…

Second Circuit: NYPD sergeants are entitled to overtime under the FLSA

In Mullins et al. v. City of New York, 09-3435 (August 5, 2011), the Second Circuit held that the plaintiffs’ (4000+ NYPD sergeants) “primary duty” was not “management”, and thus they did not qualify for the “executive” exemption from the FLSA’s overtime pay requirements. See 29 U.S.C. 207(a)(1) (overtime requirement); 29 U.S.C. 213(a)(1) (executive exemption). The court’s decision centered…