Legal Opinion
Meregildo v. Diaz
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 2017No. 4833 151905/13Published
1Opinion of the Court
Order, Supreme Court, New York County (Shlomo Hagler, J.), entered March 21, 2016, which granted defendant’s motion for summary judgment dismissing the complaint and for partial summary judgment on liability on her counterclaims, and denied plaintiffs’ cross motion for summary judgment dismissing the counterclaims, unanimously affirmed, without costs.
Plaintiffs failed to demonstrate that defendant was a “bona fide executive” exempt from coverage under the federal and state overtime compensation laws (see 29 CFR 541.100 [a]; 12 NYCRR 142-2.14 [c] [4] [i] [a]-[e]; Clougher v Home Depot U.S.A.,…
2Cases cited8 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
- Dejesus v. HF Management Services, LLCCourt of Appeals for the Second Circuit · 2013
- Paz v. Singer Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Clougher v. Home Depot U.S.A., Inc.District Court, E.D. New York · 2010
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