Generally, with the exception of New York City’s Earned Sick Time Act, New York law does not require payment for time not actually worked (such as holidays, sick time, and vacations) unless the employer has established a policy or agreed to make such payments. Is There an Agreement? As explained by the court in Litras v PVM…
Read More The Law of Vacation Pay in New YorkIn Boutros v. JTC Painting, the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ complaint seeking unpaid overtime under the Fair Labor Standards Act and the New York Labor Law. Plaintiffs are painters who worked for defendant JTC, a painting contractor owned by co-defendant Caruso. They allege that JTC failed to pay…
Read More Overtime Complaint Was Not Moot in Light of Open-Ended Allegation of Hours WorkedToday the Second Circuit issued its decision in Anani v. CVS RX Services, affirming a district court decision that a pharmacist was subject to the Fair Labor Standard’s exemption for highly-paid employees. The employee’s base salary was based on a 44-hour workweek, at all times exceeded $1250 weekly, and was guaranteed. He also received additional compensation…
Read More Pharmacist Was an Exempt “Highly Paid Employee” Not Entitled to OvertimeThis week, in Hart v. Rick’s Cabaret, the Southern District (per Judge Engelmayer) held that exotic dancers (or “strippers”) are employees, and not independent contractors, under both the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The distinction between an “employee” and an “independent contractor” is significant. Employees are entitled…
Read More Strippers are “Employees” and Not “Independent Contractors” Under Federal and State Wage LawsIn O’Neill v. Mermaid Touring Inc. (SDNY 11-9128 Sept. 10, 2013), the court granted defendants’ motion for summary judgment in part, and denied it in part. The decision is instructive on various issues in the wage/hour context, including the geographic limitations of the Labor Law, the extent to which “on call” time is compensable, and…
Read More Lady Gaga Wage Saga ContinuesIn Alladin v. Paramount Management LLC, the Southern District of New York recently granted summary judgment to plaintiff on various issues relating to her unpaid wage claims under the Fair Labor Standards Act and the New York Labor Law, but denied it with respect to plaintiff’s race discrimination claim. Plaintiff worked for defendant for two…
Read More Court Awards Summary Judgment to Plaintiff on Wage Claims; Employer Kept No Records And Admitted to Failing to Pay Plaintiff as Required by LawThe Eastern District of New York recently held, in Litras v PVM Intern. Corp., that plaintiff plausibly alleged various claims relating to non-payment of wages and retaliation. Plaintiff – who was employed by PVM as an export manager – alleged that her employment was terminated because she testified against defendants (the Sabhnanis) in a federal…
Read More Plaintiff Adequately Alleged Overtime, Vacation Pay, Retaliation, and Civil Rights Conspiracy AllegationsA recent case, Antolino v. Distribution Management Consolidators Worldwide, illustrates the breadth of the New York Labor Law when it comes to protecting employees who are subjected to retaliation for alleging the failure to pay wages. There, the court denied defendant’s motion to dismiss under CPLR 3211(a)(7), and held that the plaintiff (defendant’s senior vice…
Read More Plaintiff Sufficiently Alleged Retaliation For Opposing Employer’s Deprivation of WagesA recent SDNY decision, Stein v. Guardsmark LLC, explains how employers may comply with the “fluctuating workweek” method of paying overtime. Plaintiff Esther Stein served as the secretary to the president (defendant Ira A. Lipman) of defendant Guardsmark, which provides private security services. She claimed that she was denied overtime premiums to which she was…
Read More Court Rules That Defendant Correctly Paid Plaintiff Under the “Fluctuating Workweek” MethodA recent Second Circuit decision, Dejesus v. HF Management Services, illustrates how detailed a federal complaint must be to sufficiently allege overtime violations under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law. The court upheld the dismissal of plaintiff’s complaint because she did not “plausibly allege that she worked overtime without…
Read More Second Circuit Holds FLSA Overtime Allegations Insufficiently Pled