Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Case Notes
Judge Certifies Class of 'Writers' Seeking OT
Employees of a Rochester, NY, communications company who were designated “writers” but denied they performed the sort of creative work that would exempt them from overtime have persuaded a judge to certify a class action against their employer.
Judge Charles Siragusa in April directed CGI Communications Inc., one of the top growth companies in upstate New York, to promptly provide the plaintiffs' counsel with contact information on potential class members, and ordered the firm to conspicuously post notice of the case at all its offices.
Tornatore v. CGI Communications, 14-cv-6049, arose out of allegations that the company hired young college graduates with little experience or training, then denied them overtime on the theory that the nature of their work exempted them from certain pay provisions of the Fair Labor Standards Act.
According to a complaint filed by Michael Burger of Santiago Burger Annechino in Rochester, the employees were often given the title of “writer,” but the actual duties consisted of communicating with customers, proof writing and editing scripts and other tasks that did not require the sort of talent to qualify for an artistic/creative endeavor exemption from the FLSA overtime provisions.
CGI, represented by Edward Hourihan Jr. and Katherine McClung of Bond Schoeneck & King in Rochester, denies the allegations.
' John Caher, New York Law Journal
Judge Certifies Class of 'Writers' Seeking OT
Employees of a Rochester, NY, communications company who were designated “writers” but denied they performed the sort of creative work that would exempt them from overtime have persuaded a judge to certify a class action against their employer.
Judge Charles Siragusa in April directed CGI Communications Inc., one of the top growth companies in upstate
Tornatore v. CGI Communications, 14-cv-6049, arose out of allegations that the company hired young college graduates with little experience or training, then denied them overtime on the theory that the nature of their work exempted them from certain pay provisions of the Fair Labor Standards Act.
According to a complaint filed by Michael Burger of Santiago Burger Annechino in Rochester, the employees were often given the title of “writer,” but the actual duties consisted of communicating with customers, proof writing and editing scripts and other tasks that did not require the sort of talent to qualify for an artistic/creative endeavor exemption from the FLSA overtime provisions.
CGI, represented by Edward Hourihan Jr. and Katherine McClung of
' John Caher,
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.