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HOLICK v. CELLULAR SALES OF NEW YORK, LLC

No. 1:12-CV-584.

937 F.Supp.2d 311 (2013)

Jan P. HOLICK, Jr., Steven Moffitt, Justin Moffitt, Gurwinder Singh, and Jason Mack, Plaintiffs, on behalf of themselves and all others similarly situated, v. CELLULAR SALES OF NEW YORK, LLC, and Cellular Sales of Knoxville, Inc., Defendants.

United States District Court, N.D. New York.

March 29, 2013.

Attorney(s) appearing for the Case

Gleason Dunn Walsh & O'Shea, Ronald G. Dunn, Esq., Daniel A. Jacobs, Esq., of Counsel, Albany, NY, for Plaintiffs.

Chamberlain Hrdlicka White, Williams & Aughtry, Charles L. Carbo, III, Esq., of Counsel, Houston, TX, for Defendant Cellular Sales of New York, L.L.C.

Hinman Straub, P.C., Joseph M. Dougherty, Esq., of Counsel, Albany, NY, for Defendant Cellular Sales of Knoxville, Inc.

MEMORANDUM-DECISION AND ORDER

NORMAN A. MORDUE, District Judge.

I. INTRODUCTION

The present action is one brought pursuant to the Fair Labor Standards Act (the "FLSA"), 29 U.S.C. § 201 et seq. and the New York State Labor Law (the "Labor Law"), Article 6, § 190 et seq., and Article 19, § 650 et seq.. Plaintiffs allege that they, and similarly situated Sales Representatives in New York, were misclassified as independent...

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