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Hayward v. IBI Armored Servs. Inc.

New York Labor Law Adopted FLSA's Motor Carrier Exemption as to Overtime Pay

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MEMORANDUM AND ORDER On May 15, 2017, Travis Hayward (“Plaintiff Hayward”) and 28 other plaintiffs (“Plaintiffs”) brought this action against Defendants IBI Armored Services and Michael Shields (“Defendants”) alleging that they failed to provide minimum, overtime, and spread of hours compensation and wage statements in violation of the Fair Labor Standards Act (“FLSA”), New York Labor Law (“NYLL”), and New York State Wage Theft Prevention Act (“WTPA”). (ECF No. 1, “Complaint”). Pending before the Court is Defendants’ motion for partial summary judgment, or in the alternative, a declaratory judgment pursuant to Rules 56 and 57 of the Federal Rules of Civil Procedure and Plaintiffs’ cross-motion pursuant to the same. (ECF Nos. 70, 71). For the reasons explained below, Defendants’ motion is GRANTED and Plaintiffs’ motion is DENIED.BACKGROUNDPlaintiffs are either current or former employees of IBI Armored Services, Inc., a vehicle service that transports money to and from grocery stores and banks in New York City. (Complaint

15-17, 25). They claim that since May 2014, they were not paid minimum wage, overtime, or spread of hours compensation and that they were not given proper wage statements. (Id. at

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