Thomas v. Bed Bath & Beyond, Inc.

PAUL A. ENGELMAYER, District Judge:

This decision resolves cross-motions for summary judgment filed by plaintiffs, who are employees at the home-goods retailer Bed Bath & Beyond, Inc. ("BBB"), and *125their employer, BBB, the defendant. Plaintiffs bring claims under the Fair Labor Standards Act ("FLSA") and New York Labor Law. The motions turn on whether BBB paid a subset of employees, its Department Managers ("DMs"), in conformity with the "Fluctuating Work Week" method ("FWW")-a method for calculating overtime compensation which the FLSA permits under certain circumstances and which BBB used…