37 Cited authorities

In re Merrill Lynch Ltd. Partnership Litigation
154 F.3d 56 (2d Cir. 1998) Cited 478 times
Holding that plaintiffs were on inquiry notice as a matter of law where "disclosures in ... prospectuses and annual reports should have alerted ... investors that they had been misled"
Johnson v. Nyack Hospital
86 F.3d 8 (2d Cir. 1996) Cited 404 times 1 Legal Analyses
Holding equitable tolling appropriate where a party is "prevented in some extraordinary way from exercising his rights"
Miller v. Intern. Tel. Tel. Corp.
755 F.2d 20 (2d Cir. 1985) Cited 534 times
Holding a plaintiff who failed to assert in his administrative filing that his discharge was part of the continuing violation that included subsequent refusals by defendant's subsidiaries to rehire could not allege the refusal to rehire was part of a continuing violation in his complaint
Freeman v. State
347 N.J. Super. 11 (App. Div. 2002) Cited 303 times
Holding in § 1983 case that equitable tolling did not apply because "Plaintiffs were aware of their injury and the principal actors involved at the time of the [traffic] stop"
Veltri v. Building Service 32B-J Pension Fund
393 F.3d 318 (2d Cir. 2004) Cited 246 times
Holding an applicable statute of limitations tolled while a prisoner exhausts his administrative remedies
Yu G. Ke v. Saigon Grill, Inc.
595 F. Supp. 2d 240 (S.D.N.Y. 2008) Cited 184 times 2 Legal Analyses
Holding that deliverymen's bicycles and motorbikes were "tools of the trade," such that costs related to those vehicles had to be reimbursed by the employer where deliverymen otherwise earned minimum wage
Doe v. Holy See
17 A.D.3d 793 (N.Y. App. Div. 2005) Cited 168 times
Holding that a plaintiff is not entitled to relief when it fails to "articulate any acts by defendants that prevented" or "wrongfully induced" plaintiff from "timely commencing suit"
Cerbone v. Intl. Ladies' Garment Workers' Union
768 F.2d 45 (2d Cir. 1985) Cited 247 times
Holding that "equitable estoppel is invoked in cases where the plaintiff knew of the existence of his cause of action," whereas equitable tolling "is invoked in cases where the plaintiff is ignorant of his cause of action"
Singletary v. Continental Illinois National Bank & Trust Co.
9 F.3d 1236 (7th Cir. 1993) Cited 173 times
Finding that it was incorrect to treat the state in which the defendants were imprisoned as the state of their citizenship for purposes of determining whether complete diversity was satisfied
Amendola v. Bristol-Myers Squibb Co.
558 F. Supp. 2d 459 (S.D.N.Y. 2008) Cited 106 times
Holding that pharmaceutical sales representatives are not properly classified as "production" employees
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud
N.Y. C.P.L.R. § 213 Cited 5,582 times 8 Legal Analyses
Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"
Section 213 - Exemptions
29 U.S.C. § 213 Cited 4,694 times 257 Legal Analyses
Exempting from provisions of the Fair Labor Standards Act "any employee employed on a casual basis in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary)"
Section 255 - Statute of limitations
29 U.S.C. § 255 Cited 4,647 times 8 Legal Analyses
Recognizing that not all FLSA wage and overtime claims are willful
Section 198 - Costs, remedies
N.Y. Lab. Law § 198 Cited 1,131 times 8 Legal Analyses
Requiring the notice be furnished "within ten business days of his or her first day of employment"
Section 663 - Civil action
N.Y. Lab. Law § 663 Cited 480 times
Creating civil action for violation of compensation provisions
Section 34:11-56a25.1 - Limitations; commencement of action
N.J. Stat. § 34:11-56a25.1 Cited 43 times
No claim for unpaid minimum wages, unpaid overtime compensation, unlawful discharge or other discriminatory acts taken in retaliation against the employee, or other damages under this act shall be valid with respect to any such claim which has arisen more than six years prior to the commencement of an action for the recovery thereof. In determining when an action is commenced, the action shall be considered to be commenced on the date when a complaint is filed with the Commissioner of the Department
Section 516.4 - Posting of notices
29 C.F.R. § 516.4 Cited 114 times 2 Legal Analyses
Requiring posting of FLSA requirements "in conspicuous places in every establishment where such employees are employed so as to permit then to observe easily a copy."
Section 552.3 - Domestic service employment
29 C.F.R. § 552.3 Cited 90 times 10 Legal Analyses
In 29 C.F.R. § 552.3, the DOL defined the term "domestic service employment" to refer "to services of a household nature performed by an employee in or about a private home (permanent or temporary) of the person by whom he or she is employed."
Section 780.11 - Exempt and nonexempt work during the same workweek
29 C.F.R. § 780.11 Cited 15 times
Where an employee in the same workweek performs work which is exempt under one section of the Act and also engages in work to which the Act applies but is not exempt under some other section of the Act, he is not exempt that week, and the wage and hour requirements of the Act are applicable (see Mitchell v. Hunt, 263 F. 2d 913; Mitchell v. Maxfield, 12 WH Cases 792 (S.D. Ohio), 29 Labor Cases 69, 781; Jordan v. Stark Bros. Nurseries, 45 F. Supp. 769; McComb v. Puerto Rico Tobacco Marketing Co-op
Section 142-2.8 - Posting
N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 142-2.8 Cited 9 times
Every employer covered by this Part shall post in a conspicuous place in his or her establishment a notice issued by the Department of Labor summarizing minimum wage provisions. N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 142-2.8 Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff. 12/31/2016

Upadhyay v. Sethi et al

37 Cited authorities

Holding that plaintiffs were on inquiry notice as a matter of law where "disclosures in ... prospectuses and annual reports should have alerted ... investors that they had been misled"

Holding equitable tolling appropriate where a party is "prevented in some extraordinary way from exercising his rights"

Holding a plaintiff who failed to assert in his administrative filing that his discharge was part of the continuing violation that included subsequent refusals by defendant's subsidiaries to rehire could not allege the refusal to rehire was part of a continuing violation in his complaint

Holding in § 1983 case that equitable tolling did not apply because "Plaintiffs were aware of their injury and the principal actors involved at the time of the [traffic] stop"

Holding an applicable statute of limitations tolled while a prisoner exhausts his administrative remedies

Holding that deliverymen's bicycles and motorbikes were "tools of the trade," such that costs related to those vehicles had to be reimbursed by the employer where deliverymen otherwise earned minimum wage

Holding that a plaintiff is not entitled to relief when it fails to "articulate any acts by defendants that prevented" or "wrongfully induced" plaintiff from "timely commencing suit"

Holding that "equitable estoppel is invoked in cases where the plaintiff knew of the existence of his cause of action," whereas equitable tolling "is invoked in cases where the plaintiff is ignorant of his cause of action"

Finding that it was incorrect to treat the state in which the defendants were imprisoned as the state of their citizenship for purposes of determining whether complete diversity was satisfied

Holding that pharmaceutical sales representatives are not properly classified as "production" employees

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

Recognizing that not all FLSA wage and overtime claims are willful

Requiring the notice be furnished "within ten business days of his or her first day of employment"

Creating civil action for violation of compensation provisions

Requiring posting of FLSA requirements "in conspicuous places in every establishment where such employees are employed so as to permit then to observe easily a copy."

In 29 C.F.R. § 552.3, the DOL defined the term "domestic service employment" to refer "to services of a household nature performed by an employee in or about a private home (permanent or temporary) of the person by whom he or she is employed."