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Overton v. Egami Group, Inc.
Citation: 2022 NY Slip Op 00071Docket: Index No. 657185/20 Appeal No. 14984 Case No. 2021-02467
Court: Appellate Division of the Supreme Court of the State of New York; January 5, 2022; New York; State Appellate Court
Original Court Document: View Document
Cheryl Overton, the plaintiff-appellant, filed a lawsuit against Egami Group, Inc. and Egami Consulting Incorporated (collectively, Egami) concerning her employment as president, which began in April 2018. Her employment agreement included a base salary of $300,000 and oversight of multiple departments. The case was decided by the Appellate Division, First Department, which affirmed the dismissal of her fourth, fifth, and sixth causes of action under the Labor Law. The court ruled that the Labor Law § 191 claim was correctly dismissed as it does not apply to executives earning over $900 per week. Overton's argument regarding compensation for work performed for The Cusp Influencer Network LLC was deemed unpreserved and ultimately unconvincing. The Labor Law § 193 claim was also dismissed for failing to allege unlawful wage deductions, as the claim regarding her likeness on the defendants' website did not constitute a wage claim. Moreover, Overton's assertion about not being granted equity was found to lack a direct correlation to her performance, failing to meet the requirements of Labor Law article 6. Evidence presented by the defendants demonstrated that Overton received proper notice of her termination and the cessation of her health insurance, countering her claims under Labor Law §§ 195(6) and 217. Her claims regarding ongoing negotiations about her separation and delayed notice from TriNet were insufficient to support her case. The court ultimately found no merit in Overton's additional arguments. The decision and order were entered on January 6, 2022.