Legal Opinion
Browning v. Ceva Freight, LLC
District Court, E.D. New York
Decided August 11, 2012No. 10-cv-5594 (ADS)(AKT)PublishedCited by 27 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
SPATT, District Judge.
This proposed class action, concerning alleged unpaid wages and overtime wages, was brought pursuant to the Fair Labor Standards Act (“FLSA”) and New York *592Labor Law (“NYLL”). The Defendants have now moved for summary judgment, arguing that the Plaintiffs are not entitled to recovery under either statute because they are properly classified as “independent contractors” rather than “employees”. For the reasons set grants the Defendants’ motion.
I. BACKGROUND
A. Factual Background
The Plaintiffs are workers who presently are or were formerly…
2Cases cited49 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
- Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
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3Cited by27 opinions
- Hart v. Rick's Cabaret International Inc.District Court, S.D. New York · 2013
- Salomon v. Adderley Industries, Inc.District Court, S.D. New York · 2013
- Hart v. RCI Hospitality Holdings, Inc.District Court, S.D. New York · 2015
- Saleem v. Corporate Transportation Group, Ltd.District Court, S.D. New York · 2014
- Arena v. Delux Transportation Services, Inc.District Court, E.D. New York · 2014
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