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GARCIA v. ALLIED PARKING SYSTEMS

300 A.D.2d 219 (2002)

752 N.Y.S.2d 316

HUGO GARCIA, Appellant, v. ALLIED PARKING SYSTEMS et al., Respondents.

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

Decided December 31, 2002.

Plaintiff's claims for unpaid overtime wages under 29 USC § 207 (a) (1) (Fair Labor Standards Act) were properly dismissed upon a record establishing that he was paid a salary of more than $250 a week for duties that were primarily managerial and supervisory in nature (see 29 CFR 541.1 [f]; Donovan v Burger King Corp., 675 F.2d 516, 517-518 [2d Cir]), that his salary was not subject to a significant likelihood of reductions...

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