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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
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

Roach v. T.L. Cannon Corp.

Plaintiffs, former employees of Applebee's restaurants in New York, initiated a collective and class action, alleging violations of the Fair Labor Standards Act (FLSA) and New York State Labor Law concerning spread of hours and uniform reimbursement. Defendants sought summary judgment on specific claims. The court addressed the interpretation and application of New York's former 'spread of hours' provision and disputes over costs associated with required work apparel. It ultimately granted summary judgment to defendants on spread of hours claims for employees earning above minimum wage. For uniform-related claims, the court dismissed claims for ordinary wardrobe items but denied summary judgment for the laundering costs of Applebee's logo shirts for minimum wage employees.

Fair Labor Standards ActFLSANew York State Labor LawSpread of Hours ProvisionUniform ReimbursementSummary JudgmentMinimum WageClass ActionCollective ActionRestaurant Industry
References
25
Case No. MISSING
Regular Panel Decision

Martinez v. Hilton Hotels Corp.

Plaintiffs, current and former housekeeping managers at Hilton Times Square, sued Defendants Sunstone Hotel Properties, Inc. and Interstate Hotels & Resorts, Inc. under the FLSA and NYLL for unpaid overtime and "spread of hours" compensation. Defendants moved for summary judgment, arguing Plaintiffs were overtime-exempt "executives." In the alternative, Defendants sought partial summary judgment on the "half-time" overtime calculation method and denial of "spread of hours" pay. The court denied Defendants' motion for summary judgment, finding genuine disputes of material fact regarding Plaintiffs' duties under the executive exemption test. The court also denied partial summary judgment on the "half-time" method, citing lack of clear mutual understanding. However, the court granted partial summary judgment on the "spread of hours" claim for work prior to January 1, 2011, for most plaintiffs, as it applied only to minimum wage earners during that period.

Fair Labor Standards ActNew York Labor LawOvertime CompensationSpread of HoursSummary JudgmentExecutive ExemptionHousekeeping ManagersHotel IndustryWage and Hour DisputeFluctuating Work-Week
References
57
Case No. MISSING
Regular Panel Decision

Almeida v. Aguinaga

Plaintiff Elza Almeida sued defendants Carlos and Christina Aguinaga for overtime and “spread-of-hours” pay under the New York Labor Law, specifically for her work as a live-in domestic service employee from 1990 to December 2005. The Aguinagas moved for partial summary judgment to dismiss these claims. The court analyzed Almeida's claimed working hours, wages, and the applicable meal and lodging allowances under New York regulations. The court concluded that Almeida's claims for overtime pay from May 24, 2000, through December 2004, and for spread-of-hours pay from November 2001, through December 2004, should be dismissed because her total compensation, including allowances, met or exceeded the legally required amounts. However, the court denied the motion to dismiss Almeida’s spread-of-hours claim for the period between May 24, 2000, and June 2001, allowing that specific claim to proceed to trial. Other claims, such as breach of contract and breach of fiduciary duty, were not addressed in this motion.

Domestic Service EmployeeOvertime PaySpread-of-Hours PayNew York Labor LawMinimum WageMeal and Lodging AllowancesSummary Judgment MotionWage ClaimsEmployment LawWage Order
References
10
Case No. 2020 NY Slip Op 07342 [189 AD3d 970]
Regular Panel Decision
Dec 09, 2020

Benitez v. Bolla Operating LI Corp.

Walter Hernandez Benitez, a former deli worker, initiated a putative class action against Bolla Operating LI Corp. and other entities. He sought unpaid 'spread-of-hours' compensation, alleging that his employment at various Bolla Market locations entitled him to such pay under the Hospitality Industry Wage Order. The defendants successfully moved to dismiss the complaint for failure to state a cause of action, a decision affirmed by the Supreme Court, Nassau County. The Appellate Division, Second Department, further affirmed this ruling, concluding that the Bolla Market locations did not meet the regulatory definitions of 'restaurants' or '[f]ast [f]ood [e]stablishments.' Consequently, the plaintiff was not entitled to the claimed spread-of-hours compensation, and his motion for class action certification was denied as academic.

Unpaid WagesSpread-of-Hours CompensationHospitality Industry Wage OrderClass ActionMotion to DismissCPLR 3211Deli WorkersRestaurant DefinitionFast Food EstablishmentAppellate Division
References
6
Case No. MISSING
Regular Panel Decision
Jun 25, 2007

Jenkins v. Hanac, Inc.

Plaintiff Nicole Jenkins initiated a class and collective action against HANAC, Inc. and Home Services, Inc., alleging violations of the Fair Labor Standards Act and New York Labor Law. Her claim focused on the defendants' alleged failure to pay 'spread of hours' compensation for days where her work interval exceeded ten hours. The defendants moved to dismiss, contending the regulation did not apply to Jenkins. The court converted the motion to one for partial summary judgment and, deferring to the New York State Department of Labor's interpretation, determined that the 'spread of hours' regulation does not mandate additional compensation for employees whose total wages already sufficiently surpass the minimum wage. Finding that Jenkins' salary consistently exceeded the statutory minimum, the court granted the defendants' motion for partial summary judgment, thereby dismissing the plaintiff's claim.

Fair Labor Standards ActNew York Labor LawSpread of HoursMinimum WageSummary JudgmentHome Health AidesClass ActionWage and HourEmployment LawRegulatory Interpretation
References
9
Case No. MISSING
Regular Panel Decision

Ramos v. Telgian Corp.

Plaintiffs sued Telgian Corporation for unpaid overtime and spread-of-hours compensation under FLSA and NYLL, challenging the defendant's Fluctuating Workweek (FWW) overtime calculation method. The court denied both parties' summary judgment motions on the FLSA and NYLL claims, finding genuine issues of material fact regarding the fixed weekly salary and mutual understanding elements of the FWW scheme. It ruled that plaintiffs' work hours fluctuated as required by FWW, and Telgian's overtime calculation, despite a technical deviation, resulted in overpayment, preventing a finding of willfulness or actual injury. The court granted defendant's summary judgment motion on the spread-of-hours claim, concluding that this compensation only applies to minimum wage earners. The case will proceed to trial to determine whether plaintiffs received a fixed salary regardless of hours and if there was a clear mutual understanding of the FWW compensation.

Fair Labor Standards ActNew York Labor LawOvertime CompensationFluctuating Workweek MethodSummary JudgmentUnpaid WagesSpread-of-Hours PayMinimum WageEmployer LiabilityWage and Hour Dispute
References
37
Case No. 12 Civ. 633
Regular Panel Decision
Sep 28, 2012

Hamadou v. Hess Corp.

Plaintiffs Diallo Hamadou, Muhammad Shahjahan, and Frank Asiedu filed a lawsuit against Hess Corporation, Hess Mart, Inc., Mamadou Gueye, and Phillip Tous, alleging unpaid wages and overtime compensation violations under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Plaintiffs sought conditional certification of a collective action and an order for defendants to provide contact information for current and former hourly employees. Defendants opposed the certification and moved to strike class allegations concerning 'spread of hours' pay. The court granted in part the plaintiffs' motion, conditionally certifying a class limited to hourly employees in the Hess gas station territories encompassing the Queens and Bronx stations, finding a sufficient factual basis for unlawful timekeeping practices. The defendants' motion to strike class allegations regarding 'spread of hours' pay was denied as premature.

Wage and Hour DisputeFair Labor Standards ActNew York Labor LawOvertime CompensationUnpaid WagesCollective ActionConditional CertificationTimesheet AlterationOff-the-Clock WorkSpread of Hours Pay
References
44
Case No. MISSING
Regular Panel Decision
Sep 26, 2011

Santillan v. Henao

Plaintiff Juan Jose Santillan sought unpaid overtime wages and spread of hours pay from defendants Custom Stainless Steel Corp. and Walter Henao under the FLSA and New York Labor Law. Magistrate Judge Marilyn D. Go issued a Report and Recommendation (R&R) proposing a default judgment in the total amount of $60,193.42, comprising damages, prejudgment interest, attorneys' fees, and costs. Senior District Judge Block adopted the R&R without de novo review, citing the defendants' failure to object. The final judgment includes $25,213.21 in overtime wages, $3,127.90 in spread of hours pay, and a total of $15,907.83 in liquidated damages, in addition to prejudgment interest, attorneys' fees, and costs, finding the defendants liable for violating wage and record-keeping provisions.

Overtime WagesFair Labor Standards ActNew York Labor LawDefault JudgmentSpread of Hours PayLiquidated DamagesPrejudgment InterestAttorney's FeesRecord-Keeping ViolationsWage Claims
References
54
Case No. MISSING
Regular Panel Decision
Jul 26, 2017

Sanchez v. New York Kimchi Catering, Corp.

Plaintiff Walter Neira Sanchez filed a class action lawsuit against his former employers under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), alleging various wage and hour violations including unpaid overtime, failure to pay spread of hours premium, and lack of proper wage notices and statements. He sought class certification for the NYLL claims. The court, presided over by Judge Loma G. Schofield, partially granted and partially denied the motion. Class certification was denied for the overtime and spread of hours claims due to insufficient evidence of commonality and numerosity. However, the court certified a class for claims related to wage and hour notices and wage statements for non-exempt employees who worked for Gum Gang Inc. after March 1, 2014, finding these claims met Rule 23 requirements. Lee Litigation Group, PLLC was appointed as class counsel.

Wage and HourClass ActionFair Labor Standards ActNew York Labor LawOvertime PayMinimum WageTip CreditWage StatementsWage NoticesRule 23
References
31
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