Second Circuit — Fair Labor Standards Act: Ramos, et al. v. Baldor Specialty Foods Inc.

Daily Record Staff//August 1, 2012//

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U.S. Court of Appeals for the Second Circuit

Executives

Ramos, et al. v. Baldor Specialty Foods Inc.
11-2616-cv
Judges Pooler, Raggi and Lynch

Background: The plaintiffs, a group of “captains” in the defendants’ wholesale food warehouse, sought unpaid overtime wages, along with liquidated damages and attorneys’ fees and costs under the Fair Labor Standards Act. The district court granted summary judgment to the defendants on the ground that the plaintiffs were “executives” exempt from the overtime pay provisions of the FLSA and New York law.

Ruling: The Second Circuit affirmed. The record conclusively established that each team of employees supervised by the plaintiffs is a customarily recognized subdivision of defendants’ company with a permanent status and function. The plaintiffs therefore qualify as executives as the term is defined by the Department of Labor regulations.

C.K. Lee of Kraselnik & Lee PLLC for the plaintiff-appellants; Marc B. Zimmerman of Phillips Nizer LLP for the defendants-appellees

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