MATTER OF LESTER


306 A.D.2d 666 (2003)

759 N.Y.S.2d 915

In the Matter of the Claim of CHRISTIAN S. LESTER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 12, 2003.


Claimant was employed as a finisher at a wood-milling company. The employer initially tolerated claimant's preference to work from 5:00 A.M. to 3:00 or 3:30 P.M., but eventually insisted that claimant and the other employees in the finishing department start work no earlier than 7:00 A.M. and continue working until at least 4:30 P.M. The change in work hours was necessitated, according to the employer's testimony, by the need to have the finishers working at the end of the...

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