Wage & Hour

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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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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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In Najnin v. Dollar Mountain, Inc., No. 14CV5758, 2015 WL 6125436 (S.D.N.Y. Sept. 25, 2015), the court provides some insight into how damages are determined when a defendant defaults in an unpaid wages/employment discrimination (sexual harassment) case. The court held, among other things, that plaintiff was not entitled to any back pay damages, and to…

Read More Court Explains Damages in Sexual Harassment/Unpaid Overtime Case Upon Defendant’s Default
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Here and below is the complaint filed in Brooklyn federal court on September 15, 2014 against a Queens and Long Island medical practice known as DocCare and its CEO Alan Bigman. Here’s the New York Post article on the lawsuit. Plaintiff, who worked for defendants as a medical assistant, alleges that defendant failed to pay plaintiff for…

Read More Plaintiff Sues for Wage/Overtime Violations After Being Fired, Ostensibly Because of Instagram Smoking Photo
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Here’s the recently-amended class-action sexual harassment lawsuit, Sanz et al v. Johny Utah 51 LLC et al., 14-cv-04380, filed by several employees against western-themed bar Johnny Utah’s. It also contains claims of wage violations under the FLSA and New York Labor Law. NY Post coverage here. Specifically, it alleges that “[b]y intentionally using the ramped…

Read More Sexual Harassment Lawsuit Against Johnny Utah’s
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Payano v. CompassRock Real Estate LLC, decided by the Southern District of New York on May 12, 2014, discusses the application of the anti-retaliation provisions of the Fair Labor Standards Act and the New York Labor Law. Plaintiff, a live-in apartment maintenance worker, alleged that he was only paid for 40 hours, even though he…

Read More Maintenance Worker Successfully Pleads Retaliation Claim Arising From Termination Following Wage Complaints
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In Xiong Chen v. Weiqi Zhang, the Eastern District of New York recently denied both parties’ motions for summary judgment. Plaintiff worked as a waiter for Andy’s Restaurant in Brooklyn and made $150 per week before tips.  There were no records detailing plaintiff’s employment, his weekly work schedule, the hours he worked, or the money he…

Read More Factual Issues Preclude Summary Judgment in Overtime Case
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In 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 Worked
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Today 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 Overtime
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In 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 Continues
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