Court Sends NYC Restaurant Employees’ FLSA Case Back for Clarity

A district court must clarify the status of FLSA class claims filed by NYC restaurant workers because it never dismissed or otherwise resolved them, the Second Circuit said.

Pavle Zivkovic, along with current and former employees at two Manhattan restaurants, sued operator Laura Christy LLC and several others that have an ownership stake, alleging multiple wage related violations under the New York Labor Law and Fair Labor Standards Act. At the district court’s request, the parties proceeded to trial with only the NYLL claims, and the court issued a partial final judgment as to those claims.

Christy argued the district ...