Thursday, October 30, 2008
Ke v. Saigon Grill, ___F.Supp. 2d ___(S.D.N.Y. Oct. 24, 2008) is an important FLSA case. The court awards 42 million dollars to 36 bicycle delivery men for various wage and hour violations. Significantly, the case is not dismissed as time-barred because the employer failed to required post FLSA notices. The decision is very lengthly and spans 80 pages. The court extensively reviews the FLSA as well as New York labor law. Issues such as tip credit, required record keeping, waiting time, the definition of wages, tools of the trade rules, statute of limitations, and more are extensively discussed.
Students of FLSA law will want to read this case. A Oct. 31, 2008 New York Law Journal article about this case is available here.(registration required)
Mitchell H. Rubinstein