Tag Archives: municipality

Federal Court Finds New York City Not Required To Compensate Employees For Time Spent In Alcohol Rehabilitation

Few entities are subject to as many lawsuits as the City of New York, with its millions of occupants and thousands of employees.  A recent decision rejects three NYPD police officers’ claims that they should have been paid for time spent in alcohol rehabilitation and counseling sessions.  Makinen v. City of New York, 2014 U.S. … Continue Reading

City Clerk Not Member of Elected Official’s “Personal Staff”, Not Exempt from FLSA

While rules governing compensation of public sector employees can differ from the private sector (and be more expansive), the general overtime provisions of the Fair Labor Standards Act applies to public sector employees since the Supreme Court’s seminal decision in Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528 (U.S. 1985).  Excluded, however, from … Continue Reading

District Court Holds As A Matter of Law That Home Attendants Are Not Jointly Employed By New York City

Allegations of joint employment under the FLSA and other employment laws typically flow from control allegedly exercised by the purported “joint employer” over the primary employer and/or its employees. In a recent opinion rejecting such allegations, Magistrate Judge Joan Azrack of the United States District Court for the Eastern District of New York granted summary judgment … Continue Reading
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