This 'n That in FLSA appeal

This appeal challenges various rulings from the district court on overtime claims brought under the Fair Labor Standards Act and the New York Labor Law. The jury ruled for the plaintiffs, and the district court took some of thee successful claims away. Everyone appeals. The case was argued n January, and the Court of Appeals issued this summary order on April 26, a long time for a summary order, which usually comes down a few weeks after argument.The case is Leevson v. Aqualife USA, issued on April 26. This case has been kicking around since 2014. At trial, the jury awarded around $300,000 in damages for overtime and other damages. The parties raise a cornucopia of issues.While the trial court threw out the jury verdict in plaintiffs' favor on their individual commissions and granted Aqualife judgment as a matter of law on that claim, the Court of Appeals (Sullivan, Carney and Hall) brings that claim back. Why? Because Aqualife did not seek judgment as a matter of law on…

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