District Judge Frank P. Geraci, Jr.

 

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Plaintiff began working for defendant college in 2010. He chose to be paid a salary—rather than hourly—based on representations that as a salaried employee he would be entitled to an extra week of vacation, and that salaried employees did not work “much overtime.” In addition to his regular hours plaintiff was assigned week-long three-hour “on call” shifts, but often received work-related calls after the shift’s end at 10 p.m. He was further expected to be available for various events outside scheduled hours. Plaintiff typically worked 50 hours weekly. The court denied defendant college dismissal of plaintiff’s action under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) alleging defendant misclassified him as an exempt employee and did not compensate him when he worked more than 40 hours weekly. Discussing Lundy v. Catholic Health Sys. of Long Island and Nakahata v. New York-Presbyterian Health Sys. the court determined that because plaintiff alleged that, in addition to his full-time schedule, he frequently worked evenings and weekends, his allegations gave rise to a plausible inference that he worked more than 40 hours weekly. Thus plaintiff adequately pleaded FLSA and NYLL overtime claims.

District Judge Frank P. Geraci , Jr.

 

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Plaintiff began working for defendant college in 2010. He chose to be paid a salary—rather than hourly—based on representations that as a salaried employee he would be entitled to an extra week of vacation, and that salaried employees did not work “much overtime.” In addition to his regular hours plaintiff was assigned week-long three-hour “on call” shifts, but often received work-related calls after the shift’s end at 10 p.m. He was further expected to be available for various events outside scheduled hours. Plaintiff typically worked 50 hours weekly. The court denied defendant college dismissal of plaintiff’s action under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) alleging defendant misclassified him as an exempt employee and did not compensate him when he worked more than 40 hours weekly. Discussing Lundy v. Catholic Health Sys. of Long Island and Nakahata v. New York-Presbyterian Health Sys. the court determined that because plaintiff alleged that, in addition to his full-time schedule, he frequently worked evenings and weekends, his allegations gave rise to a plausible inference that he worked more than 40 hours weekly. Thus plaintiff adequately pleaded FLSA and NYLL overtime claims.