Unauthorized Work Is Still Work: 2nd Circ.

Law360, New York (January 25, 2008, 12:00 AM EST) -- A federal appeals court panel ruled Thursday that overtime laws apply even when the work is unauthorized, though it let the defendant in the case, Gotham Registry Inc., off the hook without requring it to pay back wages.

In its opinion, the U.S. Court of Appeals for the Second Circuit said that Gotham, a staff agency for health care professionals, had acted on a “reasonable interpretation of then unsettled law.

“It should be apparent that the novel question addressed above, whether employees must be paid overtime...
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