United States Second Circuit

In this case, summary judgment was granted in favor of defendants on all of plaintiffs’ claims under the Fair Labor Standards Act, the Federal Insurance Contributions Act, and in favor of defendants on plaintiffs' New York Labor Law (NYLL) and contract claims, and, following trial on the remaining New York Franchise Sales Act (FSA) claims, certain plaintiffs were awarded damages as well as attorneys’ fees and costs. Judgments are: 1) reversed in part, where the FSA’s statute of limitations bars the claims of six plaintiffs who entered agreements with defendants as ostensible franchisees more than three years before filing suit, but affirmed in part as to the FSA judgment for the two remaining plaintiffs; 2) vacated as to the award of attorneys’ fees and remanded for recalculation; and 3) vacated and remanded as to the grant of summary judgment on the breach of contract and NYLL claims, where a jury could reasonably find that these claims were based on oral employment agreements terminable at-will and were capable of performance within one year of their making.

Appellate Information

• Decided 11/04/2014
• Published 11/04/2014

Judges

• Carney

Court

• United States Second Circuit

Counsel