FLSA

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The 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 Allegations
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A 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
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Below is the complaint, captioned Samuel v. Monkey Bar, L.P. et al., 13-CV-4877, filed by plaintiff Prabir Jude Samuel against Monkey Bar and its owner Graydon Carter in the Southern District of New York. Plaintiff alleges that he was deprived of minimum wage and overtime compensation and that he was subjected to harassment based on his…

Read More Race Discrimination and Wage Suit Against Monkey Bar
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The Second Circuit recently held, in Irizarry v. Catsimatidis, that John Catsimatidis – the chairman, president, and CEO of defendant Gristede’s Foods, Inc. (and, of course, New York City mayoral candidate) – was an “employer” within the meaning of the Fair Labor Standards Act (FLSA) and was hence individually liable for damages in a lawsuit…

Read More John Catsimatidis Held Individually Liable For FLSA Wage Violations
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This week the Southern District of New York held, in Glatt v. Fox Searchlight Pictures Inc., 2013 WL 2495140 (SDNY June 11, 2013), that two unpaid interns who worked on the movie Black Swan in New York were “employees” under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). Citing and applying…

Read More Court Holds That Black Swan Unpaid Interns Were “Employees” Under Federal And New York Wage Laws
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Last week law firm Quinn Emanuel Urquhart & Sullivan LLP moved to dismiss, under Federal Rule of Civil Procedure 12(b)(6), the lawsuit filed by contract attorney William Henig “and others similarly situated.”  We previously wrote about the suit – in which plaintiffs sued, alleging various violations of federal and New York State wage and hour laws…

Read More Law Firm Moves To Dismiss Contract Attorney Overtime Suit
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The U.S. Supreme Court held today, in Genesis Healthcare Corp. v. Symczyk, that where the claim of the lone plaintiff in a Fair Labor Standards Act “collective action” (see 29 U. S. C. §216(b), which authorizes a plaintiff to bring a claim on behalf of himself “and other employees similarly situated”) is dismissed, the case fails to…

Read More SCOTUS: FLSA Collective Action Falls With Dismissal of Lead Plaintiff’s Claim
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In Donnelly v. Greenburgh Central School Dist. (2d Cir. Aug. 10, 2012), plaintiff, a former high school teacher, alleged that his employer unlawfully denied him tenure in retaliation for taking protected leave pursuant to the Family and Medical Leave Act (“FMLA”).  Plaintiff received negative reviews and was denied tenure shortly after he took medical leave…

Read More Second Circuit Reverses FMLA Decision Against High School Teacher
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This week Judge Crotty awarded plaintiffs $3,415,450.00 in attorneys’ fees and $442,609.85 in costs in a lawsuit brought by employees of Gristede’s for violations of the federal Fair Labor Standards Act and the New York Labor Law.  The court held that “[i]n light of the purposes underlying fee-shifting statutes, fees sought pursuant to the FLSA…

Read More SDNY Wage/Hour $3+ Million Attorney Fee Award
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