2d. Cir.: Pharmaceutical Reps Are Neither Outside Sales Nor Administrative...
In re Novartis Wage and Hour Litigation This case was before the Second Circuit on Plaintiffs’ appeal of the lower Court’s Order granting Defendant summary judgment, which held that Plaintiffs,...
View Article2d. Cir.: Question Of Joint Employer Is Mixed Question Of Law And Fact,...
Ling Nan Zheng v. Liberty Apparel Co. Inc. Plaintiffs-appellees were 25 Chinese garment workers living and working in New York City’s Chinatown. In 1999, they sued Liberty Apparel Company and its...
View Article2d. Cir.: Contested Attorney’s Fee Petition Must Be Accompanied By...
Scott v. City of New York After prevailing at trial, the Plaintiff in this Fair Labor Standards Act (FLSA) case, moved for an award of attorney’s fees and costs pursuant to 216(b). The Defendant...
View Article2d. Cir.: Where Employee’s Falsification of Time Records Was Carried Out at...
Kuebel v. Black & Decker Inc. This case was before the Second Circuit on Plaintiff’s appeal of an order awarding Defendant summary judgment. Plaintiff asserted two distinct claims below: (1) that...
View Article2d. Cir.: Award of Attorney’s Fees for All Time Worked Cannot Be Based Solely...
Scott v. City of New York This case was before the Second Circuit for the second time on the issue of attorney’s fees. The plaintiffs prevailed in the underling case, but the plaintiffs’ attorney...
View ArticleD.Conn.: In “Salary Misclassification” Case, Unpaid OT Calculated at Time and...
Perkins v. Southern New England Telephone Co. This case, concerning allegations that the plaintiffs were “salaried misclassified” was before the court on the parties’ cross-motions in limine for a...
View ArticleU.S.S.C.: Court Grants Certiorari to PSRs on Appeal of 9th Circuit Decision...
Christopher v. SmithKline Beecham Corp. In a case with far sweeping ramifications for the pharmaceutical industry and its employees, the Supreme Court has granted certiorari to revisit the Ninth...
View ArticleS.D.N.Y.: Delay Caused By the Time Required for Court to Rule on Motion for...
McGlone v. Contract Callers, Inc. This case was before the court on plaintiff’s motion for conditional certification of a collective action, seeking to permit court approved notice. The court noted...
View Article2d. Cir.: Individualized Damages Determinations Alone Cannot Preclude Class...
Roach v. T.L. Cannon Corp. This case presented the question of whether the Supreme Court’s decision in Comcast Corp. v. Behrend, ––– U.S. ––––, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013), overruled the...
View Article2d Cir.: Accepted Rule 68 Offers of Judgment Not Subject to Judicial Review...
Mei Xing Yu v. Hasaki Restaurant Inc. Clarifying murky law regarding when FLSA settlements require judicial versus when they are self-effectuating, a divided Second Circuit panel recently held that...
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