· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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