United States Second Circuit

In an action seeking unpaid overtime under the Fair Labor Standards Act, summary judgment for plaintiff is affirmed where: 1) plaintiff, a Product Design Specialist, was outside the "professional exemption" to the FLSA's overtime requirements and 2) defendant's violation of the FLSA was willful.

Appellate Information

• Decided 11/12/2009
• Published 11/12/2009

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, POOLER and PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jennifer B. Rubin, John M. Delehanty, and Andrew Nathanson, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., New York, NY, for Appellant.


• For Appellees:
  
• Michael J.D. Sweeney, Getman & Sweeney PLLC, New Paltz, NY;  Edward Tuddenham, New York, NY, for Appellee.