Irizarry v. Catsimatidis, No. 11-4035 (2d Cir. 2013)
Annotate this CasePlaintiffs, employees of Gristede's supermarkets, moved for partial summary judgment on the issue of whether John Catsimatidis, the chairman and CEO, could be held personally liable for damages. The court affirmed the district court's decision so far as it established that Catsimatidis was an "employer" under the Fair Labor Standards Act (FLSA), 29 U.S.C. 203(d), based on his actions and responsibilities. The court vacated and remanded, however, the grant of partial summary judgment on plaintiffs' New York Labor Law (NYLL), N.Y. Lab. Law 190(3), 651(6), claims in light of the possible disagreement between the parties regarding the need for the court to decide an issue of state law and in light of the absence of discussion of the issue in the district court's decision.
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