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Case Law Database

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

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

Sumrall v. T. E. Mercer Trucking Co.

Plaintiffs, former employees of the defendant's pipe yard and trucking business, sought unpaid overtime compensation under the Fair Labor Standards Act (FLSA). The defendant argued that these employees were exempt from FLSA overtime provisions under the Motor Carrier Act, as their duties as "loaders" (specifically hookers and gin truck operators) directly affected the safety of vehicles on the highway, thereby falling under the Interstate Commerce Commission's jurisdiction. The court determined that hookers and gin truck operators did indeed perform duties that directly affected vehicle safety and were thus exempt from FLSA overtime. Consequently, the claims for overtime compensation were denied.

Fair Labor Standards ActMotor Carrier ActOvertime CompensationInterstate Commerce CommissionLoading OperationsEmployee ExemptionSafety of OperationKickersHookersGin Truck Operators
References
8
Case No. MISSING
Regular Panel Decision

L & F DISTRIBUTORS v. Cruz

Justice Hinojosa concurs with the majority on the retaliatory discharge claim but dissents regarding the unpaid overtime compensation claim under the Fair Labor Standards Act (FLSA). The dissent examines whether the employee, Cruz, qualified as a "bona fide executive" based on his salary and supervisory duties over warehouse workers and a janitor. Justice Hinojosa concludes that Cruz met the definition of a bona fide executive as per 29 U.S.C. § 213(a)(1) and 29 C.F.R. § 541.1(f), and therefore was not entitled to overtime pay. The justice recommends sustaining L & F's cross-point and rendering a take-nothing judgment on Cruz's claim for overtime compensation.

FLSAovertime paybona fide executiveretaliatory dischargesupervisory dutieswage and houremployment lawexempt employeedepartment managementjudicial dissent
References
0
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
Nov 23, 2015

Mendez v. U.S. Nonwovens Corp.

This case involves allegations by employees against U.S. Nonwovens Corp. and its principals for failing to pay timely wages, overtime, and spread of hours wages in violation of the FLSA and NYLL. Plaintiffs sought to certify a class action for various causes of action, including unpaid overtime, untimely wages, unpaid spread of hours premium, and breach of oral agreement. The Court denied class certification for claims related to unpaid overtime and untimely wages, finding a lack of commonality and predominance due to individualized proof requirements. However, the Court granted class certification for the claim regarding the failure to pay a spread of hours premium, determining that a common policy of not paying this premium predominated over individual issues. Consequently, a class was certified for non-exempt workers who were not paid the spread of hours premium, and class representatives and counsel were appointed.

Class ActionWage and HourOvertime PaySpread of HoursTimely WagesFLSANYLLRule 23 CertificationEmployment LawClass Certification Denied in part
References
50
Case No. MISSING
Regular Panel Decision

Salustio v. 106 Columbia Deli Corp.

Ruben Salustio and Arturo Vivaldo sued 106 Columbia Deli Corporation and Ibrahim Alzubairy for unpaid wages and overtime under the FLSA and NYLL. The court dismissed FLSA claims as the defendants' gross annual sales were below the $500,000 enterprise coverage threshold, but retained supplemental jurisdiction over the state law claims. The court found Vivaldo was underpaid due to an invalid tip credit and unpaid overtime, and both plaintiffs were entitled to statutory damages for lack of proper wage notices and statements. Salustio was awarded $2,500, while Vivaldo received $16,428.66 in unpaid wages, liquidated damages, and prejudgment interest.

Fair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and HourOvertime PayMinimum WageTip CreditStatutory DamagesLiquidated DamagesPrejudgment InterestEnterprise Coverage
References
48
Case No. MISSING
Regular Panel Decision
Mar 30, 2015

Olibas v. Native Oilfield Services, LLC

The court issued a Memorandum Opinion and Order in a consolidated Fair Labor Standards Act (FLSA) action. Following a jury verdict in favor of the Plaintiffs (a collective unit of truck drivers) for unpaid overtime against Defendants John Barclay and Native Oilfield Services, LLC, the court addressed post-verdict motions. The court granted Plaintiffs' Motion for Judgment and denied Defendants' Renewed Motion for Judgment as a Matter of Law. The court determined the regular rate of pay at $15 per hour and applied varying overtime premiums based on payment structures. As a result, the Plaintiffs were awarded $1,673,145.00 in unpaid overtime compensation, an equal amount in liquidated damages, $371,759.59 in attorneys' fees, and $10,564.32 in costs, with post-judgment interest.

FLSAFair Labor Standards ActUnpaid Overtime WagesJury VerdictPost-Verdict MotionsJudgment as a Matter of LawRegular Rate of PayOvertime PremiumLiquidated DamagesAttorneys' Fees
References
35
Case No. MISSING
Regular Panel Decision

St. John v. Brown

This case addresses the applicability of the Fair Labor Standards Act (FLSA) to oil field workers in Comanche County, Texas. Plaintiffs, St. John-Choate et al. and St. John-Choate Gathering System, filed a suit seeking a declaratory judgment on whether their employees, comprising a seven-member field crew, were covered by the FLSA. The defendants, including S. T. Zellars, subsequently filed cross-claims for unpaid overtime. The court ruled that the FLSA is indeed applicable, determining that the crude oil produced, despite initial intrastate sales, ultimately entered interstate commerce. Furthermore, the court clarified the calculation of overtime wages, rejecting the plaintiffs' proposed salary allocation method and establishing a formula for determining the true hourly rate. The plaintiffs were held liable for unpaid overtime compensation, liquidated damages, and attorney's fees.

Fair Labor Standards ActOvertime CompensationDeclaratory Judgments ActOil and Gas IndustryInterstate CommerceEmployee WagesLabor LawComanche County TexasStripper WellsStatutory Interpretation
References
19
Case No. MISSING
Regular Panel Decision
Sep 11, 2012

Jemine v. Dennis

This case concerns a lawsuit brought by multiple employees against their employer, Raven P.D. Dennis, III, and related entities, for violations of the Fair Labor Standards Act and New York Labor Law regarding unpaid wages and overtime compensation. The defendants failed to participate in the litigation, leading to a default judgment on liability. Magistrate Judge Marilyn D. Go issued a report and recommendation on damages, which was subsequently reviewed by District Judge Roslynn R. Mauskopf. The District Court largely adopted the Magistrate Judge's recommendations, granting the plaintiffs' motion for default judgment and damages. The final award included unpaid wages, overtime, liquidated damages, prejudgment interest, attorneys' fees, and costs.

Fair Labor Standards ActNew York Labor LawWage and Hour DisputeOvertime CompensationLiquidated DamagesPrejudgment InterestAttorneys' FeesDefault JudgmentEmployment LawJudicial Review
References
87
Case No. MISSING
Regular Panel Decision

Ethelberth v. Choice Security Co.

Plaintiff Onyenaemeka Ethelberth sued his former employer, Choice Security Company and its president, George Omogun, for unpaid wages and overtime under the FLSA and New York Labor Law, along with common law claims for breach of contract and unjust enrichment. Defendants cross-moved for summary judgment. The Court granted partial summary judgment to Ethelberth on his status as an employee and Omogun's individual liability under the FLSA, and for overtime compensation under the NYLL. However, the Court granted summary judgment to Defendants on individual FLSA coverage and dismissed Ethelberth's claims for unpaid wages under NYLL Article 6 and breach of contract. Claims regarding enterprise FLSA coverage, willfulness of FLSA violation, and unjust enrichment will proceed to trial.

Fair Labor Standards ActNew York Labor LawOvertime CompensationUnpaid WagesIndependent Contractor StatusEmployer LiabilitySummary JudgmentEconomic Reality TestStatute of LimitationsEnterprise Coverage
References
52
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