Gutierrez et al v. Tryax Realty Management, Inc. et al
| Jaime Gutierrez and Ramon Gutierrez |
| Tryax Realty Management, Inc., 1027 Wallco L.L.C., Michael Schmelzer, Matthew Schmelzer, Miguel Leon and Cesar Maldonado |
| 1:2017cv06752 |
| September 5, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A. Engelmayer |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
102
ORDER: Accordingly, the Court approves the Agreement and retains jurisdiction over the enforcement of its terms. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/30/2020) (jca)
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Filing
100
ORDER re: 99 Letter: On September 18, 2020, the parties submitted a proposed settlement agreement and a letter in support in this Fair Labor Standards Act and New York Labor Law action. Dkt. 99. However, the agreement submitted does not contain t he signatures of any party to this action, see Dkt. 99-1 at 5, and the Court declines to approve that agreement absent those signatures. Accordingly, the Court denies the parties' request for approval of the proposed agreement without prejudice to their submitting a fully executed agreement for the Court's review. (Signed by Judge Paul A. Engelmayer on 9/28/2020) (jwh)
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Filing
91
OPINION AND ORDER: For the reasons set out above, the Court denies the parties' cross-motions for summary judgment on the question of how much of plaintiffs' workday is compensable under the FLSA for purposes of tabulating overtime hours , and in particular whether extended breaks taken by plaintiffs during workday hours while in the buildings where they worked as porters qualified as "work" for overtime calculation purposes. The Court, however, grants plaintiffs motion for summary judgment on the separate issue of their eligibility for statutory overtime pay. The Court holds that plaintiffs' weekly salary covered only 40 hours of work as a matter of law, and that plaintiffs are therefore entitled to time-an d-a-half overtime pay for hours worked in excess of 40 each week. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 71 and 78. This case, barring settlement, will now proceed toward trial. The Court directs th e parties, by March 31, 2020, to submit a complete joint pretrial order, consistent with the Court's individual rules, and accompanied by proposed voir dire, requests to charge, and motions in limine. Responses to the motions in limine are d ue April 14, 2020. Following receipt of these materials, the Court will schedule a conference with counsel to discuss the forthcoming trial, resolve motions in limine, and set a trial date. SO ORDERED. (Motions due by 3/31/2020, Pretrial Order due by 3/31/2020, Responses due by 4/14/2020) (Signed by Judge Paul A. Engelmayer on 2/18/2020) (jca)
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