Debejian v. Atlantic Testing Laboratories, Ltd.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where employer did not show it furnished counsel with the specific information necessary to determine coverage, it had not met its “onerous” burden of demonstrating good faith
• finding that a NDT Technician’s work was not of a professional nature because it primarily involved “utilizing various tools to ascertain whether the subject steel conforms to industry and/or project standards,” not interpreting the data or deviating from established standards
• granting summary judgment to plaintiffs on good faith defense where defendants failed to offer evidence of reliance counsel when deciding plaintiff was exempt from FLSA
• granting summary judgment to plaintiff where there was no proof of extent of defendant's inquiry regarding requirements of the FLSA
• finding New York Labor Law provisions “substantially similar to the federal scheme” such that its analysis of federal law would apply equally to claims brought under the FLSA and New York law
• “Whether an exception applies to the FLSA is an affirmative defense on which the employer has the burden of proof.”

Source: CourtListener parenthetical corpus (CC0).