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LEPKOWSKI v. STATE OF NEW YORK

302 A.D.2d 765 (2003)

754 N.Y.S.2d 772

RICHARD T. LEPKOWSKI et al., Respondents, v. STATE OF NEW YORK, Appellant. (Claim No. 97697.)

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

Decided February 20, 2003.

Crew III, J.P.

Claimants in this consolidated action are former and current state employees who, by way of two separate claims (the Ableson claim and the Lepkowski claim), seek overtime compensation pursuant to the Fair Labor Standards Act of 1938 (see 29 USC § 201 et seq.). The Ableson claim was made on behalf of 390 employees, and the Lepkowski claim on behalf of 377 employees. Each claim asserts that the relevant claimants are overtime eligible...

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