FLSA (Fair Labor Standards Act)

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In Miranda v. YBJ Incorporated, 2023 WL 3122876, at *2–3 (S.D.N.Y. April 27, 2023), the court dismissed plaintiff’s employment discrimination claim ,asserted under the New York State Human Rights Law. From the decision: Defendants argue the Court may not exercise supplemental jurisdiction over plaintiff’s NYSHRL claim3 because it arises from facts unrelated to plaintiff’s FLSA…

Read More Discrimination Claim Dismissed for Lack of Subject Matter Jurisdiction; Wage Claim Continues
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In Cano v. Cherry Lawn Farms, Inc. et al, No. 19-9469, 2021 WL 2481489 (S.D.N.Y. June 17, 2021), the court denied (without prejudice) the parties’ application to approve, in accordance with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), a settlement agreement resolving plaintiff’s claims for unpaid wages in violation of…

Read More FLSA Settlement Disapproved, Based on One Provision Regarding Additional Claims
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In Albertin v. Nathan Littauer Hospital and Nursing Home, 2021 WL 1742280 (N.D.N.Y. May 4, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of overtime violations under the Fair Labor Standards Act (FLSA) and interference and retaliation under the Family and Medical Leave Act (FMLA). In this post, I…

Read More Overtime, FMLA Claims Survive Summary Judgment Against Upstate Hospital
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The U.S. Department of Labor has issued additional guidance (FLSA2020-15) (November 3, 2020) regarding the compensability of time that employees spend attending voluntary training programs in various factual scenarios under the Fair Labor Standards Act (FLSA). The Guidance addresses the issue in the context of six hypothetical scenarios. Generally, the FLSA requires employers to compensate…

Read More Department of Labor Issues Guidance on Compensability of Employee Time at Voluntary Training Programs
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In Simmons v. Trans Express, Inc., 19-438 (2d Cir. April 13, 2020), the U.S. Court of Appeals for the Second Circuit posed the following Certified Question to the New York Court of Appeals: Under New York City Civil Court Act § 1808, what issue preclusion, claim preclusion, and/or res judicata effects, if any, does a…

Read More 2d Circuit Poses Certified Question to NY Court of Appeals re Preclusive Effect of Small Claims Court Wage Determination
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A recent case, Lopez v. Uno Express Cleaners Inc., 18-cv-10737, 2019 WL 6873796 (SDNY Dec. 17, 2019), illustrates how courts evaluate settlement agreements under the Fair Labor Standards Act (FLSA), as mandated by the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In this case, plaintiff, who was…

Read More FLSA Settlement Rejected in Light of Overbroad Release
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In a particularly disturbing development, it is reported that a plaintiff in a wage-and-hour FLSA lawsuit – plaintiff Xue Hui Zhang, suing his former employer, Albany restaurant Ichiban, for $200,000 in back wages – was detained by Immigration & Customs Enforcement (ICE) agents during a deposition. As indicated in the above-linked news article (dated August…

Read More FLSA Plaintiff Detained by ICE During Deposition
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In Nana v. Le Viking LLC d/b/a Bistro Chez Lucienne, 17-CV-928, 2019 WL 3244181 (SDNY July 19, 2019), the court, inter alia, held that plaintiff was entitled to $5,000 in emotional  distress damages on his retaliation claims under the Fair Labor Standards Act and the New York Labor Law. The court noted that “[a]lthough the…

Read More Emotional Distress Damages of $5,000 Awarded in Wage Retaliation Case
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Celebrities – they’re just like us! That is one take-away from a recent Eastern District of New York decision, Jones v. Trevor Tahiem Smith, Jr., a/k/a Busta Rhymes et al, 16-cv-2194, 2018 WL 2227990 (E.D.N.Y. May 14, 2018) (M.J. Levy). There, plaintiff sued Busta Rhymes and Starbus LLC, alleging “that, while employed by defendants as [Busta]’s…

Read More Court Declines to Adopt “Celebrity Exception” to Public Access to Settlement Agreement in Age Discrimination, Wage Lawsuit Against Busta Rhymes
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In Dineley v. Coach, Inc., No. 16CV3197 (DLC), 2017 WL 2963499 (S.D.N.Y. July 11, 2017), the court (inter alia) held that an executive assistant was not entitled to overtime under the Fair Labor Standards Act or the New York Labor Law, because she was subject to the “administrative” exemption under the statutes. That exemption –…

Read More Executive Assistant Fell Within Wage Laws’ Administrative Exemption; Not Entitled to Overtime
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