Frazier v. FCBC Community Development Corporation

Filing 75

ORDER: As discussed at the February 5 conference, the parties shall submit letters by February 12, 2024, at 5 p.m., not to exceed 10 pages, addressing the following, with supporting authorities, as further set forth in this Order. In addition , the parties should meet, confer, and resubmit proposed charging instructions and a verdict sheet by February 12 at 5 p.m. The Court will hold a follow-up conference on February 14, 2024, at 2:30 p.m. SO ORDERED. ( Status Conference set for 2/14/2024 at 02:30 PM before Judge Arun Subramanian.) (Signed by Judge Arun Subramanian on 2/6/2024) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KYNDRA FRAZIER,
Plaintiff,
-against-

22-cv-5270 (AS)

FCBC COMMUNITY DEVELOPMENT
CORPORATION, et al.,

ORDER

Defendants.

ARUN SUBRAMANIAN, United States District Judge:
As discussed at the February 5 conference, the parties shall submit letters by February 12,
2024, at 5 p.m., not to exceed 10 pages, addressing the following, with supporting authorities:
1. Whether Plaintiff needs to prove that she had a separate agreement to prove that she had a
separate job, or what other standard applies to determine whether she had a separate job;
2. Whether the routing of Plaintiff’s pay through FCBC CDC would make a difference to
what job she was paid for, how that argument interacts with Defendants’ affirmative
defenses, and whether Defendants ever raised it earlier in the litigation;
3. Whether the professional exemption under New York Labor Law has any salary
requirement;
4. Whether the jury needs to separately decide the wage-notice and -statement claims, and
what questions the jury would need to answer;
5. How damages would be calculated for a violation of the minimum-wage law in this case,
and what questions would be appropriate for the jury to answer as to damages; and
6. Whether defendant Walrond should remain a party-defendant to this case.
In addition, the parties should meet, confer, and resubmit proposed charging instructions and
a verdict sheet by February 12 at 5 p.m. The Court will hold a follow-up conference on
February 14, 2024, at 2:30 p.m.
SO ORDERED.
Dated: February 6, 2024
New York, New York
ARUN SUBRAMANIAN
United States District Judge