Legal Opinion

Martinez v. Triumph Construction Corp.

District Court, S.D. New York

Decided March 22, 2022No. 1:21-cv-04137Unknown

1Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GEORGE MARTINEZ, Plaintiff, 21-CV-4137 (JPO) -v- OPINION AND ORDER TRIUMPH CONSTRUCTION CORP., et al., Defendants. J. PAUL OETKEN, District Judge: George Martinez, formerly a truck driver employed by Defendants, brings this action against Defendants for unpaid overtime compensation under the Fair Labor Standards Act (“FLSA”) and related claims under New York Labor Law (“NYLL”). Defendants move to dismiss for failure to state a claim. For the reasons that follow, Defendants’ motion is granted in part and denied in part. I. Background…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lundy v. Catholic Health System of Long Island Inc.Court of Appeals for the Second Circuit · 2013
  4. Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
  5. Nakahata v. New York-Presbyterian Healthcare System, Inc.Court of Appeals for the Second Circuit · 2013

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