In assessing the viability of plaintiff's claim for overtime wages based on violation of 12 NYCRR 142-2.2, the court considered whether defendant had established compliance with the federal "fluctuating workweek" standard, and correctly found issues of fact. Under the federal Fair Labor Standards Act of 1938 (29 USC § 201 et seq.), the fluctuating workweek standard is recognized as an exception to the general requirement that employers pay overtime at 1½...
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