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MANNERS, JR. v. STATE OF NEW YORK

285 A.D.2d 858 (2001)

727 N.Y.S.2d 547

CHARLES W. MANNERS, JR., Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 97487.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 19, 2001.

Carpinello, J.

Claimant, a construction superintendent for the Office of General Services, filed this claim seeking unpaid overtime compensation pursuant to the Fair Labor Standards Act of 1938 (29 USC § 201 et seq.). Specifically, claimant maintains that the State, by "requiring"* him to use a State vehicle to commute to and from his assigned work station, is obligated to pay him overtime for his commute time. Following a...

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