Case: Wage & Hour/Exempt Employees (E.D.N.Y.)

A New York federal district court denied Maleen Banquet Hall LLC’s motion to dismiss a former general manager’s claim that Maleen underpaid him in violation of the Fair Labor Standards Act, finding that dismissal under the managerial exemption was unwarranted because the affirmative defense wasn’t apparent on the face of the complaint and it wasn’t obvious that he was employed on a salary basis.