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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Matter of Kent v. Cuomo

Petitioners, state employees typically ineligible for overtime, challenged a determination by the State Budget Director regarding overtime compensation following Hurricane Sandy. The Budget Director's bulletin authorized overtime for hours worked beyond 47.5 per week, rather than the 40-hour threshold sought by petitioners. Petitioners argued that the Budget Director was statutorily required to compensate for all hours over 40. The Supreme Court partially dismissed their application, leading to this appeal. The appellate court deferred to the Budget Director's interpretation of Civil Service Law § 134 (6), finding the 47.5-hour threshold was not irrational or unreasonable given the agency's expertise and consistent past application. The court also held that employer respondents did not act irrationally in not requesting compensation below the 47.5-hour threshold, as this authority rests solely with the Budget Director.

Overtime CompensationExtreme EmergencyHurricane SandyState EmployeesCivil Service LawStatutory InterpretationAdministrative DiscretionNormal Workweek47.5-Hour ThresholdCPLR Article 78
References
8
Case No. MISSING
Regular Panel Decision
Apr 06, 1998

Ballard v. Community Home Care Referral Service, Inc.

The plaintiff appealed an order from the Supreme Court, Kings County, concerning unpaid overtime wages and class action certification. The court affirmed the order, concluding that the plaintiff, a home health care aide, was not entitled to 1.5 times her regular hourly wage for overtime. This decision was based on the Fair Labor Standards Act's (FLSA) companion services exemption, which defines overtime compensation for such roles. Furthermore, the presence of a liquidated damages claim precluded class action relief under CPLR 901 (b).

Overtime WagesHome Health Care AideFLSA ExemptionClass ActionAffirmative DefensesNew York Labor LawWage OrderUnpaid WagesCPLR 90129 USC 207
References
2
Case No. MISSING
Regular Panel Decision

Lopez v. Overtime 1st Avenue Corp.

This opinion addresses the parties' joint motions for entry of judgment under Rule 68 of the Federal Rules of Civil Procedure or, alternatively, for leave to file an interlocutory appeal. Plaintiff Joysel Lopez initiated the suit in 2015, alleging overtime and minimum wage violations under the FLSA and NYLL, which later became a collective action joined by three other plaintiffs. The parties reached a settlement in 2016, but the Court declined to approve it due to concerns about the disproportionate distribution of funds to Lopez and the non-appearance of other plaintiffs. Subsequently, plaintiffs accepted Rule 68 offers of judgment, prompting the Court to examine whether judicial approval is required for such FLSA settlements, concluding that it is. The Court denies both motions, citing the need for judicial review of FLSA settlements, even under Rule 68, to protect plaintiffs from abusive deals and to uphold the FLSA's remedial goals. The Court also denies the request for interlocutory appeal to avoid further delaying the case and risking defendant's ability to pay.

Wage-and-hour disputeFLSANYLLRule 68 offer of judgmentInterlocutory appealJudicial approval of settlementCollective actionSettlement fairnessDistrict CourtSecond Circuit
References
25
Case No. MISSING
Regular Panel Decision
Oct 02, 2013

O'Neill v. Mermaid Touring Inc.

Plaintiff Jennifer O’Neill, a former personal assistant to Stefani Germanotta (Lady Gaga) and Mermaid Touring, Inc., sued for unpaid overtime wages under the Fair Labor Standards Act (FLSA) and New York’s Labor Law. O'Neill alleged she worked "24/7" on-call for a fixed salary without overtime pay. Defendants sought summary judgment on whether O'Neill was entitled to overtime for work performed outside New York, if her "on-call" time was compensable, and the method for calculating any due overtime. The court granted summary judgment for defendants on the New York Labor Law claim for out-of-state work, but denied it regarding the compensability of "on-call" time and the method of overtime calculation due to unresolved factual disputes. Additionally, the Third Cause of Action was dismissed by consent.

Overtime CompensationFair Labor Standards ActFLSANew York Labor LawPersonal AssistantLady GagaOn-call TimeSummary Judgment MotionWage ClaimEmployee Misclassification
References
39
Case No. MISSING
Regular Panel Decision

Neary v. New York State Division of Budget

Five employees of the Division of Military and Naval Affairs State Emergency Management Office (DMNA) sought to annul a determination by the Director of the New York State Division of the Budget (DOB). The petitioners worked emergency overtime following the September 11, 2001 attack. DOB retroactively applied a 12% salary limitation from Civil Service Law § 134 (5) to their emergency overtime, which was earned under Civil Service Law § 134 (6). The court determined that DOB lacked statutory authority to impose such a cap on extreme emergency overtime, as section 134 (6) does not contain this limitation. Consequently, the court granted the petition, annulling DOB's determination and ordering the processing of overtime pay requests without the applied 12% limitation.

overtime payemergency servicesCivil Service Lawstatutory interpretationadministrative discretionbudgetary limitationsWorld Trade Center attackNew York State lawgovernment employeesdisaster response
References
4
Case No. MISSING
Regular Panel Decision

Pik Quan Leong v. 127 Glen Head Inc.

The plaintiff, Pik Quan Leong, initiated an action against 127 Glen Head Inc. (Kiraku Japanese Restaurant) and its owner, Jin Hang Zheng, alleging violations of Title VII, FLSA, New York Executive Law, and other state and city labor regulations, primarily focusing on unpaid overtime wages. The plaintiff moved for summary judgment on the issue of liability for her overtime pay claims. The court denied the plaintiff's motion, citing the presence of genuine issues of material fact regarding the actual hours worked, the typical pay rate, the amount of overtime hours, and the compensation received for overtime. The court also noted inconsistencies in the plaintiff's complaint and affidavit, as well as issues with missing time card records, contributing to the denial.

Overtime PaySummary Judgment MotionFair Labor Standards ActNew York Labor LawWage and Hour DisputeEmployment LitigationMaterial FactsRecordkeeping InconsistenciesDistrict CourtCashier Employment
References
15
Case No. MISSING
Regular Panel Decision
Jun 09, 2006

Barfield v. New York City Health and Hospitals Corporation

Plaintiff Anetha Barfield, a nurse working at Bellevue Hospital through referral agencies, sued Bellevue and its principal, New York City Health and Hospitals Corporation, for violating the FLSA's overtime provisions. The central issue was whether Bellevue qualified as Barfield's "employer" under FLSA, given she was paid by referral agencies. Applying the "economic reality" test from Zheng v. Liberty Apparel Co., the court found that Bellevue exercised functional control over Barfield, making it a joint employer. The court rejected Bellevue's arguments that Barfield was not entitled to overtime because an agency informed her it wouldn't pay overtime or that she prevented Bellevue from tracking her hours. Consequently, the court granted summary judgment to Barfield on liability and awarded both unpaid overtime compensation and liquidated damages due to defendants' failure to ensure FLSA compliance.

FLSAOvertime PayJoint EmployerEconomic Reality TestSummary JudgmentNursing Referral AgenciesWage and Hour LawLiabilityLiquidated DamagesDistrict Court
References
6
Case No. MISSING
Regular Panel Decision
Sep 29, 2016

Chaohui Tang v. Wing Keung Enterprises, Inc.

This case involves wage and overtime claims by truck drivers and loaders (Chaohui Tang, Jianli Li, Jian Liu, and Qingze Liu) against their former employer, Wing Keung Enterprises, Inc., a wholesale food business in Queens, New York, and its CEO, Keung Chan. Plaintiffs allege minimum wage and overtime violations under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL), and failure to provide required notices. Defendants claim exemption under the federal Motor Carriers Act (MCA) for overtime and assert they paid required wages. The court adopted the magistrate judge's report, finding plaintiffs exempt from overtime under the MCA only for periods they demonstrably worked on interstate routes, denying both parties' summary judgment motions in part due to factual disputes on actual pay and non-exempt periods, and setting the case for trial on remaining claims.

Wage and Overtime ClaimsFair Labor Standards ActNew York Labor LawMotor Carrier Act ExemptionTruck DriversLoadersInterstate CommerceIntrastate RoutesSummary JudgmentMagistrate Judge Report and Recommendation
References
29
Case No. MISSING
Regular Panel Decision

Kahn v. Superior Chicken & Ribs, Inc.

The plaintiff, Yousuf Mohammad Kahn, initiated this action against his former employer, Superior Chicken & Ribs, Inc., alleging violations of the Fair Labor Standards Act and New York Labor Law concerning overtime pay. The court had previously dismissed claims related to meal periods and statutory contributions. The defendant subsequently filed for summary judgment on the outstanding overtime claims, contending that Kahn was exempt from overtime requirements as an executive or administrative employee. The court determined that Kahn satisfied both the 'salary basis' and 'duties' components of the exemption's short test, citing his application for a managerial position, prior work experience, sole on-site supervisory role, distinct uniform, and prior self-identification as a manager to medical professionals and in a bankruptcy filing. Consequently, the court granted the defendant's motion for summary judgment, thereby ruling that Kahn was indeed exempt from federal and state overtime pay regulations. The defendant's request for attorneys' fees was denied due to procedural non-compliance with Rule 11 and the absence of a bad faith finding under 28 U.S.C. § 1927.

FLSAOvertime PaySummary JudgmentExecutive ExemptionAdministrative ExemptionNew York Labor LawManagerial DutiesSalary Basis TestDuties TestEmployment Law
References
12
Case No. MISSING
Regular Panel Decision

In re the Claim of Jadwick

Substantial evidence supports the Unemployment Insurance Appeal Board’s determination that claimant, an overnight childcare worker, was not discharged from his employment for disqualifying misconduct. The employer submitted evidence that claimant had not worked overtime that he had put on his time sheets. Claimant has consistently maintained that he worked the times in question, however, and his supervisor signed off on the time sheets in the first instance. Moreover, a coworker confirmed claimant’s account of how workers were found to work overtime and testified that claimant had related details to him about working overtime on the relevant units. Inasmuch as the Board was free to credit this evidence that claimant did not falsify his time sheets, we affirm.

Unemployment InsuranceEmployee MisconductOvertime DisputesTime Sheet FalsificationSubstantial EvidenceCredibility AssessmentWorkplace PolicyAppeal Board DecisionDecision AffirmedChildcare Industry
References
2
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