Don’t count the hours: Second Circuit reinstates FLSA overtime pay claims
On October 16, 2022, the U.S. Court of Appeals for the Second Circuit (which covers New York) reinstated an overtime pay claim by former employees of a high-end fashion retailer in New York. The employees alleged their regularly scheduled workweek included more than 40 hours per week of work. They claimed they were entitled to overtime pay under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) because their employer misclassified them as managerial employees even though their actual job duties were not managerial.
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