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· 9/1/2011

Polanco v. Brookdale Hospital Medical Center

Citations

  • 819 F. Supp. 2d 129
  • 2011 U.S. Dist. LEXIS 98280
  • 2011 WL 3878246

How courts have described this case

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

  • holding that claims that employees “worked ... after regular hours[ ] and ... were not paid for this work” alleged “a violation of an independent statutory right arising under the NYLL”
  • “Although the CBA may provide additional rights to the employees, it may not override independent statutory rights provided by the NYLL.”
  • “Regardless of whether the facts alleged by plaintiffs constitute a violation of the CBA, they may also make out an independent claim under Article 19 of the NYLL.”
  • \[e]ven if resolution of a state-law claim 'involves attention to the same factual considerations as the contractual determination . . . such parallelism [does not mandate preemption].'\
  • “Employees’ rights to minimum wage and overtime pay under the FLSA are separate and distinct from employees’ contractual rights arising out of an applicable collective bargaining agreement.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jack B. Weinstein

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.