Sosnowy v. A. Perri Farms, Inc.
2011 U.S. Dist. LEXIS 13702
| E.D.N.Y | 2011Background
- Sosnowy, a salesman at A. Perri Farms, Inc., alleges unpaid wages and overtime under FLSA, Labor Law, and state unjust enrichment and breach of contract claims.
- Perri Farms and Anthony J. Perry contend Sosnowy was an exempt executive/administrative employee and that wage claims are superseded by the FLSA/Labor Law.
- Plaintiff asserts overtime, spread of hours, and vacation/sick pay upon termination; also alleges improper wage deductions and inadequate breaks.
- Defendants provide W-2s and payroll docs to support higher pay and deductions; plaintiff seeks to strike those attached documents.
- Court analyzes whether state common law claims are preempted by FLSA/Labor Law and whether implied contract claims survive, and whether specific NYLL claims are actionable.
- Court grants in part: dismisses overtime-based common-law claims; dismisses improper deductions, spread-of-hours, and vacation/sick-pay claims without prejudice, with leave to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are state common law wage claims preempted by the FLSA? | Sosnowy argues state claims provide additional or independent remedies. | Perry Farms contends FLSA preempts duplicative state claims for overtime. | Partially preempted; FLSA preempts overtime-based state claims to the extent they duplicate; other non-FLSA-based contract claims survive. |
| Can a nonstatutory (contract/unjust enrichment) claim for overtime proceed alongside FLSA claims? | Contract-based overtime may exist independently of FLSA rules. | Overtime remedies are exclusive to FLSA; contract claims duplicative should be dismissed. | Overtime-based contract/unjust enrichment claims are dismissed without prejudice to amendment identifying a non-statutory basis. |
| Whether improper deductions under NYLL § 193 are cognizable when deductions are for tardiness. | Deductions for tardiness may constitute improper deductions or penalties. | Deductions may be treated as absence of payment rather than penalties; ambiguity requires dismissal without prejudice. | Dismissed without prejudice for failure to state a clear claim; leave to amend to specify nature of deductions. |
| Does NYLL § 142-2.4 spread-of-hours pay apply to Sosnowy given his wage level? | Yang supports applying spread-of-hours to all eligible employees regardless of total pay. | Spread-of-hours applies primarily to minimum wage workers; Sosnowy earnings likely exceed minimum wage. | Dismissed with prejudice? Noting court granted to amend; spread-of-hours claim dismissed without prejudice pending amendment. |
| Can accrued vacation/sick pay be recovered under NY Labor Law § 191(3) or § 198/§ 198-c? | Plaintiff seeks vacation/sick pay upon termination under multiple provisions. | Section 191(3) excludes vacation pay as wages; §198 requires a qualifying contract and non-executive status; §198-c governs benefits only under a valid agreement. | Accrued vacation/sick-pay claim dismissed without prejudice; plaintiff may amend to plead nonstatutory basis or proper §198-c agreement. |
Key Cases Cited
- Overnite Transp. Co. v. Tianti, 926 F.2d 220 (2d Cir.1991) (state overtime not preempted by FLSA; savings clause allows greater state rights)
- Williamson v. General Dynamics Corp., 208 F.3d 1144 (9th Cir.2000) (savings clause permits parallel/additional remedies)
- Anderson v. Sara Lee Corp., 508 F.3d 181 (4th Cir.2007) (FLSA exclusive remedies; obstacle preemption; exclusive remedies framework)
- Lerwill v. Inflight Motion Pictures, Inc., 343 F.Supp.1027 (N.D. Cal.1972) (detailed remedial scheme suggests exclusive private remedies)
- Chen v. Street Beat Sportswear, Inc., 364 F.Supp.2d 269 (E.D.N.Y.2005) (preemption analysis under FLSA remedial scheme)
- Wang v. Chinese Daily News, Inc., 623 F.3d 743 (9th Cir.2010) (FLSA does not preempt state-law claims that borrow its standard)
- Doo Nam Yang v. ACBL Corp., 427 F.Supp.2d 327 (S.D.N.Y.2005) (spread of hours/defer to DOL; numeric interpretation debates)