Bloomberg wins judgment and dismissal of claims challenging its use of fluctuating workweek method to calculate overtime

Client(s) Bloomberg L.P.

Jones Day secured a critical win for client Bloomberg L.P. on a motion for partial judgment on the pleadings resulting in the dismissal of a former employee's challenge to Bloomberg's use of the fluctuating workweek method of paying overtime. Among other claims, Plaintiff alleged Bloomberg improperly paid her and a potential class overtime at a rate of one-half their regular rate of pay, in violation of the FLSA and New York Labor Law. The District Court granted Bloomberg's motion for partial judgment on the pleadings and dismissed this claim, finding Plaintiff's allegations conclusively demonstrated that Bloomberg was entitled to use the fluctuating workweek method of calculating overtime.

Heidi Diaz v. Bloomberg L.P., No. 1:22-cv-07251 (S.D.N.Y.)