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

ASF Construction & Excavation Corp.'s motion for summary judgment is granted in part, and denied in part. on the claims alleging violations of the Fair Labor Standards Act and New York Labor Law mandates for minimum wages and overtime pay of a former employee and the estate of another employee, a federal district court in New York ruled. The employer argued that a “yard supervisor” was a “bona fide executive employee” exempt from laws concerning state and federal minimum wage and overtime wages. The court found there were genuine issues of fact as to whether AFS intended to pay him ...