Wage & Hour Issues

In Albertin v. Nathan Littauer Hospital and Nursing Home, 2021 WL 1742280 (N.D.N.Y. May 4, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of overtime violations under the Fair Labor Standards Act (FLSA) and interference and retaliation under the Family and Medical Leave Act (FMLA). In this post, I…

Read More Overtime, FMLA Claims Survive Summary Judgment Against Upstate Hospital
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In a recent Order, captioned Bolanos v. Tanieka Misa Hooten, 21-cv-336 (SDNY Feb. 11, 2021) – a case in which plaintiff asserts a violation of New York City’s “Freelance Isn’t Free Act” (codified at N.Y.C. Admin. Code § 20-927 et seq) – the U.S. District Court for the Southern District of New York granted defendant’s motion…

Read More Court Dismisses “Freelance Isn’t Free Act” Case For Lack of Subject Matter Jurisdiction
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In Durand et al v. Excelsior Care Group LLC et al, 2020 WL 7246437 (E.D.N.Y. Dec. 9, 2020), the court, inter alia, dismissed plaintiffs’ claims under the Equal Pay Act, 29 U.S.C. § 206(d). From the decision: After reviewing the SAC [Second Amended Complaint], the court concludes that plaintiffs failed to state an Equal Pay…

Read More Equal Pay Act Claim Dismissed; Mere Recitation of Statutory Language and Job Titles Insufficient
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The U.S. Department of Labor has issued additional guidance (FLSA2020-15) (November 3, 2020) regarding the compensability of time that employees spend attending voluntary training programs in various factual scenarios under the Fair Labor Standards Act (FLSA). The Guidance addresses the issue in the context of six hypothetical scenarios. Generally, the FLSA requires employers to compensate…

Read More Department of Labor Issues Guidance on Compensability of Employee Time at Voluntary Training Programs
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State and…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part Two (Title VII etc)
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
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In Turner v. Sheppard Grain Enterprises, LLC, No. 652509/2019, 2020 WL 3432946 (N.Y. Sup Ct, New York County June 23, 2020), the court dismissed plaintiff’s “Freelance Isn’t Free Act” claim because the work done was not sufficiently connected to New York City. From the decision: Because the law provides no guidance on how to assess…

Read More “Freelance Isn’t Free Act” Claim Dismissed on Geographic Grounds
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