Murphy v. HeartShare Human Services of New York

MEMORANDUM AND ORDER

Jack B. Weinstein, Senior United States District Judge:

I. Introduction... 393

II. Facts... 394

III. Law... 395

A. Legal Standard.. .395

B. Overtime under FLSA and NYLL...395

C. Joint Employment.. .395

1. Vertical Employment.. .396

2. Horizontal Employment.. .397

IV. Application of Law to Facts... 399

A. Horizontal Employment... 399

1. 29 C.F.R. § 791.2.. .401

2. Additional 29 C.F.R. § 791.2 Factors ...401

B. NYLL...404

C. Breach of Contract Claim.. .404

V. Conclusion.. .405

I. Introduction

Plaintiffs were employees of both a school and a residence for students with disabilities. They…