Category Archives: Dispositive Motions

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Court Denies Employer Summary Judgment Against FLSA Overtime Claims Despite Plaintiffs’ Failure To Properly Report Overtime In Accordance With Established System

In Perez v. City of New York, the City moved for summary judgment against a variety of FLSA claims advanced by a collective of Associate Urban Park Rangers related to unpaid wages. See No. 12-CIV-4914 (PAE) (S.D.N.Y. Sept. 27, 2017). The Court granted the motion in part and denied it in part ruling on a … Continue Reading

Court Denies Conditional Certification of Collective in Favor of Compelling Arbitration

In Chen v. Kyote Sushi, Inc., the Court denied a motion for conditional certification of an FLSA collective in favor of compelling arbitration on an individual basis. See No. 15-CV-7398 (DLI) (JO) (E.D.N.Y. Sept. 22, 2017). The Chen plaintiffs alleged a variety of claims for unpaid wages and contended that they should be permitted to … Continue Reading

Court Grants Motion for Summary Judgment Against Individual Defendant Imposing “Employer” Liability on Company Owner

In Landaverde v. Dave Murray Construction & Design, Inc., the Court granted summary judgment in favor of plaintiffs imposing individual liability on the owner of the defendant company under the FLSA. See 15-CV-5379 (E.D.N.Y. Sept. 11, 2017). The Court granted liability as against the individual owner of the company and provided a helpful summary of … Continue Reading

Southern District of New York Emphasizes Specificity of Allegations Necessary for FLSA Complaint to Survive Motion to Dismiss

In Murray v. City of New York, the Department of Homeless Services (“DHS”) was faced with a suit alleging a variety of FLSA claims advanced by eleven plaintiffs. See No. 16-CV-8072 (PKC) (S.D.N.Y. Aug. 16, 2017). DHS moved against the Complaint arguing that certain individual plaintiffs failed to sufficiently allege that they were denied differential … Continue Reading

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