Hutchings' Widow v. Johnson's Heirs

How courts have described this case

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

• explaining that “[t]he Second Circuit has not squarely addressed whether common law claims for overtime are preempted by the FLSA”
• explaining that the Court of Appeals’ holding in Gottlieb supports the conclusion that Section 198 “does not stand alone,” but rather “sets forth the remedies available in actions for wage claims founded on substantive provisions of Labor Law article 6”
• finding defendant’s argument that “the passage of time may have caused witnesses’s memories of the events to deteriorate . . . insufficient to deny leave to amend”
• “No such dead- line has been set in this case, however. Parker is therefore inapposite.”
• “the party opposing the amendment bears the burden of showing prejudice, bad faith, and futility”
• “The remedies of section 198 may not be invoked when the claim is in substance a contract claim to enforce the payment of obligations other than statutory wages.”

Source: CourtListener parenthetical corpus (CC0).