Johnson v. D.M. Rothman Co.
Plaintiffs Talbert Johnson and Troy Saunders sued their employer, D.M. Rothman Company, Inc., for unpaid overtime wages under the FLSA, NYLL, and LMRA, alleging Rothman failed to include certain wage differentials in overtime calculations as per their Collective Bargaining Agreement. Rothman counterclaimed for overpayment of wages and moved for summary judgment. The court granted summary judgment in part, dismissing claims related to grandfather and hi-lo pay due to LMRA preemption, as these required interpretation of the CBA. For night differential claims, the court found Rothman's overpayments largely offset any FLSA overtime owed, dismissing most of these claims. Johnson's LMRA claim was time-barred, while Saunders' LMRA claim regarding hi-lo pay remained potentially viable.