United States Second Circuit
Ramos v. Baldor Specialty Foods, Inc., 11-2616
In a suit brought by "captains" of wholesale food warehouses, for unpaid overtime wages, liquidated damages and attorneys' fees and costs, under the Fair Labor Standards Act (FLSA) and an analogous section of New York Labor Law (NYLL), the District Court's grant of summary judgment for defendants on all claims on the ground that plaintiffs are "executives" exempt from the overtime pay provisions of the FLSA and NYLL is affirmed, as the summary judgment record allows for no conclusion other than that each team of employees supervised by plaintiffs is a customarily recognized subdivision of defendants' company with a permanent status and function, and plaintiffs therefore qualify as "executives" as that term is defined by Department of Labor regulations and are exempt from the overtime-pay protections of the FLSA and NYLL.
Appellate Information
- Decided 07/12/2012
- Published 07/12/2012
Judges
- GERARD E. LYNCH
Court
- United States Second Circuit