United States Second Circuit
Nakahata v. New York-Presbyterian Healthcare System, Inc., 11-734
Order dismissing four related cases brought by current and former healthcare employees alleging defendants violated the Fair Labor Standards Act (FLSA), New York Labor Law (NYLL), Racketeer Influenced and Corrupt Organizations Act (RICO), and New York common law by failing to compensate plaintiffs for work performed during meal breaks, before and after scheduled shifts, and during required training sessions is: 1) affirmed in part as to the dismissal of FLSA gap-time, RICO, and certain common law claims; 2) affirmed in part as to the dismissal of the FLSA and NYLL overtime claims, but these claims are remanded with leave to replead; 3) remanded on the NYLL gap-time claims for reconsideration; and 4) vacated in part, and remanded as to certain common law claims, with leave to replead.
Appellate Information
- Decided 07/11/2013
- Published 07/11/2013
Judges
- POGUE
Court
- United States Second Circuit