FLSA (Fair Labor Standards Act)

In Simmons v. Trans Express, Inc., 19-438 (2d Cir. April 13, 2020), the U.S. Court of Appeals for the Second Circuit posed the following Certified Question to the New York Court of Appeals: Under New York City Civil Court Act § 1808, what issue preclusion, claim preclusion, and/or res judicata effects, if any, does a…

Read More 2d Circuit Poses Certified Question to NY Court of Appeals re Preclusive Effect of Small Claims Court Wage Determination
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A recent case, Lopez v. Uno Express Cleaners Inc., 18-cv-10737, 2019 WL 6873796 (SDNY Dec. 17, 2019), illustrates how courts evaluate settlement agreements under the Fair Labor Standards Act (FLSA), as mandated by the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In this case, plaintiff, who was…

Read More FLSA Settlement Rejected in Light of Overbroad Release
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In a particularly disturbing development, it is reported that a plaintiff in a wage-and-hour FLSA lawsuit – plaintiff Xue Hui Zhang, suing his former employer, Albany restaurant Ichiban, for $200,000 in back wages – was detained by Immigration & Customs Enforcement (ICE) agents during a deposition. As indicated in the above-linked news article (dated August…

Read More FLSA Plaintiff Detained by ICE During Deposition
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In Nana v. Le Viking LLC d/b/a Bistro Chez Lucienne, 17-CV-928, 2019 WL 3244181 (SDNY July 19, 2019), the court, inter alia, held that plaintiff was entitled to $5,000 in emotional  distress damages on his retaliation claims under the Fair Labor Standards Act and the New York Labor Law. The court noted that “[a]lthough the…

Read More Emotional Distress Damages of $5,000 Awarded in Wage Retaliation Case
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Celebrities – they’re just like us! That is one take-away from a recent Eastern District of New York decision, Jones v. Trevor Tahiem Smith, Jr., a/k/a Busta Rhymes et al, 16-cv-2194, 2018 WL 2227990 (E.D.N.Y. May 14, 2018) (M.J. Levy). There, plaintiff sued Busta Rhymes and Starbus LLC, alleging “that, while employed by defendants as [Busta]’s…

Read More Court Declines to Adopt “Celebrity Exception” to Public Access to Settlement Agreement in Age Discrimination, Wage Lawsuit Against Busta Rhymes
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In Dineley v. Coach, Inc., No. 16CV3197 (DLC), 2017 WL 2963499 (S.D.N.Y. July 11, 2017), the court (inter alia) held that an executive assistant was not entitled to overtime under the Fair Labor Standards Act or the New York Labor Law, because she was subject to the “administrative” exemption under the statutes. That exemption –…

Read More Executive Assistant Fell Within Wage Laws’ Administrative Exemption; Not Entitled to Overtime
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In Michael v. Bloomberg (SDNY 2/11/15) – yes, that is the actual caption – the court rejected plaintiff’s motion for a protective order and to proceed pseudonymously. Plaintiff alleges that Bloomberg engaged in violations of the Fair Labor Standards Act and New York Labor Law by failing to pay proper overtime premiums to workers in its…

Read More Court Rejects FLSA Plaintiff’s Request to Proceed Against Bloomberg Under Pseudonym
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