Case: Wage & Hour/FLSA Covered Enterprise (SDNY) – Bloomberg Law

Akami Inc. is entitled to summary judgment on collective wage and hour claims brought against it under the the Fair Labor Standards Act, because it isn’t an enterprise covered by the FLSA. Akami was not engaged in commerce that resulted in at least $500,000 in gross annual sales volume during the relevant time period. It provided concrete, admissible evidence in the form of tax returns that it didn’t meet the FLSA statutory threshold and the employees failed to identify any concrete evidence that calls the accuracy of Akami’s tax returns into question, the court said. The case is Zhang v. Akami Inc., 2019 BL 361235, S.D.N.Y., 15-CV-4946 (VSB), 9/25/19

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