Michael Reed Addresses Recent FLSA Decision in New York Law Journal Article
The New York Law Journal recently published an article titled, “New Decision Approves Half-time Damages in Overtime Case,” by Yankwitt LLP counsel Michael Reed, whose practice includes labor and employment litigation. The article addresses a recent Fair Labor Standards Act decision by White Plains-based federal judge Kenneth M. Karas in Cronk v. Hudson Valley Roofing & Sheetmetal, Inc., No. 20-cv-7131 (KMK) (S.D.N.Y. May 11, 2021). Cronk explores a fundamental question that has gone unanswered by the Court of Appeals, the Second Circuit, and the U.S. Supreme Court: how to calculate overtime damages when an employee is paid a fixed weekly salary but works fluctuating hours from week to week. Mike explores Judge Karas’ ruling that the employee in Cronk is entitled to half-time damages and closes with a recommendation for defense counsel to argue for the application of Cronk in overtime cases.