Legal Opinion

Lepkowski v. State

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 2003No. Claim No. 97697PublishedCited by 11 opinions

1Opinion of the Court

Crew III, J.P.

Appeal from an order of the Court of Claims (Collins, J.), entered September 14, 2001, which denied defendant’s motion to dismiss the claims.

Claimants in this consolidated action are former and current state employees who, by way of two separate claims (the Able-son claim and the Lepkowski claim), seek overtime compensation pursuant to the Fair Labor Standards Act of 1938 (see 29 USC § 201 et seq.). The Ableson claim was made on behalf of 390 employees, and the Lepkowski claim on behalf of 377 employees. Each claim asserts that the relevant claimants are overtime eligible within…

2Cases cited3 opinions

  1. Finnerty v. New York State Thruway AuthorityNew York Court of Appeals · 1989
  2. Cobin v. StateAppellate Division of the Supreme Court of the State of New York · 1996
  3. Bowles v. StateAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by11 opinions

  1. Lepkowski v. State of NYNew York Court of Appeals · 2003
  2. Langner v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  3. Sommer v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  4. Moreland v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  5. Hamilton v. StateNew York Court of Claims · 2005

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