Tag Archives: SDNY

ESL Teachers At Private Learning Center FLSA “Teachers” Exempt from Overtime

Earlier this week, in a matter of first impression within the Second Circuit, Judge P. Kevin Castel of the Southern District of New York held that employees who teach English as a second language (“ESL”) at a privately-owned ESL learning center qualify for the professional exemption under the FLSA as “teachers.”  Fernandez v. Zoni Language … Continue Reading

Research Manager Properly Classified As Exempt Administrative Employee

To be “administratively” exempt from overtime, in addition to being paid appropriately on a  salary or fee basis, an employee must perform office or non-manual work directly related to the management or general business operations of his or her employer, with a primary duty which includes the exercise of discretion and independent judgment with respect to matters of significance.  A new decision from the Southern District of … Continue Reading

Manhattan Restaurant Prevails On Wage-and-Hour Claims Following Trial

Demoralized by the attendant costs of litigation and a shifting compliance environment in numerous jurisdictions, many hospitality industry employers have resolved wage-and-hour lawsuits brought in New York City and elsewhere over the last number of years.  Bucking this trend, one such employer recently successfully defended its wage practices at trial.  Mendez v. Int’l Food House, … Continue Reading

Federal Court Orders Trial Regarding Lady Gaga Assistant’s Wage Claims

In the still unresolved FLSA litigation concerning alleged unpaid overtime brought by a former personal assistant to entertainer Stefani Germanotta a/k/a Lady Gaga, Judge Paul Gardephe of the Southern District of New York has issued a lengthy ruling addressing some of the asserted claims and defenses. The Court concluded that plaintiff’s New York state law claims … Continue Reading

New York Judge: Deduction of Full “Seamless Web” Fees from Gratuities Potentially Violates FLSA, New York Law

In a decision sure to attract attention within the New York hospitality industry, Judge Alison J. Nathan of the United States District Court for the Southern District of New York ruled in a case of first impression that deducting the full amount of service fees charged by internet food delivery sites (including popular web portal … Continue Reading

New York Judge Rejects Interns’ Novel Argument That Paying School Tuition Is An Indirect Wage Deduction

In the latest chapter in the ongoing intern battles currently being waged in the United States District Court for the Southern District of New York, Judge Harold Baer rejected plaintiffs’ novel assertion of unlawful wage deductions. Wang v. Hearst Corp., 2013 U.S. Dist. LEXIS 3768 (S.D.N.Y. Jan. 9, 2013). The Wang litigation concerns the applicability of the … Continue Reading

New York Federal Court Reiterates Second Circuit’s Narrow View of Protected Activity for Purposes of FLSA Retaliation Claims

As previously discussed, last March the Supreme Court ruled that the FLSA’s anti-retaliation provision protects “informal” complaints, i.e., unwritten complaints alleging violation of the FLSA are protected activity to support a retaliation complaint.  Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834 (Mar. 22, 2011). However, the Court declined to resolve the open issue of whether the … Continue Reading

New York Federal Court Denies Early Summary Judgment Motion as to Exempt Status of Financial Analyst

One commonly held misconception in wage-and-hour law is that all investment professionals in the financial industry are categorically exempt from overtime pay. In a decision contrary to such assumption, Judge Denise Cote of the Southern District of New York recently denied summary judgment to a boutique investment bank as to the exempt status of a financial … Continue Reading

Another New York Federal Court Compels Arbitration of Individual Claims

In the Second Circuit, employees generally can waive their right to bring a class or collective action as long as the cost of arbitrating the case on an individual basis is not cost-prohibitive  and does not “remov[e] the plaintiff’s only reasonably feasible means of recovery.”  See In Re American Express Merchants’ Litigation, 554 F.3d 300 … Continue Reading
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