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Changing the scheduled number of hours that employees are to work during the workweek

Changing the scheduled number of hours that employees are to work during the workweek
Mitchell v LaBarge, 257 AD2d 834

Ann M. Mitchell and other employees and former employees sued the Town of Ulster when it unilaterally changed their workweek from 30 hours to 35 hours, contending that the town?s action violated the federal Fair Labor Standards Act.

At the time the individuals were hired the normal workweek was Monday through Friday, 9:00 a.m. through 4:00 p.m. Effective January 1996 they were required to work Monday through Friday, 9:00 a.m. through 5:00 p.m. without additional compensation.

This, Mitchell contended violated the FLSA because of the town?s ?refusal to bargain [the change] in good faith.? A state Supreme Court justice granted the town?s motion to dismiss the action.

The Appellate Division affirmed the lower court?s dismissal of Mitchell?s complaint. It said that the sole federal claim set out in Mitchell?s petition alleged that the Town ?violated the Fair Labor Standards Act [FLSA] by their refusal to bargain in good faith.? As the Act ?does not impose a duty upon the employer to negotiate in good faith,? the court concluded that Mitchell failed to state a federal cause of action and dismissal of her claim was appropriate.

The Appellate Division commented that the Fair Labor Standards Act sets out ?minimum wage and maximum hour requirements? [29 USC 206, 207] while the particular section relied upon by Mitchell, 29 USC 213, provides for exceptions to those provisions.
NYPPL

Full post as published by New York Public Personnel Law on November 18, 2010 (boomark / email).