Daniel J. McCarthy, Appellant v. the Mayor, Aldermen and Commonalty of the City of New York, Respondent

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that under the Eight Hour Law an employer is not liable for overtime compensation absent an express or implied contractual provision, and that no implied contract for extra pay could be inferred from the plaintiff's conduct and the customs of the department. The court based its decision on a plain‑meaning construction of the statute and the lack of evidence showing an expectation of additional compensation.