Ordered that the order is affirmed, with costs.
The plaintiff commenced this action against his former employer alleging, inter alia, that he was owed "spread-of-hours" compensation pursuant to a minimum wage order promulgated by the Commissioner of the Department of Labor (12 NYCRR 142-2.4). The defendant moved, inter alia, to dismiss the complaint, arguing that payroll records demonstrated that the plaintiff was paid more than the compensation required by the spread...
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