In the first quarter of 2010, the U.S. District Court for the Western District of New York decided a case of first impression in the U.S. Court of Appeals for the Second Circuit under the Fair Labor Standards Act. On another current topic, it made a costly recommendation resulting from spoliation of electronic evidence and the late production of responsive documents.
FLSA Exemptions
In Scholtisek v. Eldre Corp., —F.Supp.2d—, 2010 WL 1048474 (W.D.N.Y. March 22, 2010), a class action by 44 current and former employees of Eldre Corporation,1 plaintiffs alleged that Eldre violated the Fair Labor Standards Act (FLSA), 29 U.S.C. §201 et seq., and New York State Labor Law by engaging in practices that were inconsistent with an intent to pay employees on a salary basis.
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