of executory contracts, did not prohibit LBI from delegating its bonus obligations. It is undisputed that LBI did not assign, and Barclays did not assume, appellants’ employment contracts, 3 ,Hoffman emphasizes that the structure and timing of Barclays's payments varied from the terms of his contract with LBI. However, Hoffman agreed to these variations — -which, in any event, were, the bankruptcy court found, in this case not so material as to invalidate Barclays’s performance- — and he received the entire amount owed to him. 4 . Because Judkins was not entitled to a bonus beyond the $800,000 guaranteed in his contract, his attempt to seek relief under the New York Labor Law is unavailing. See Tierney v. Capricorn Inv'rs, L.P., 189 A.D.2d 629, 632, 592 N.Y.S.2d 700 (1st Dep’t 1993)
holding that in private action for damages under this chapter plaintiff may initially recover lost wages and in addition he may recover liquidated damages in amount equal to unpaid wages but only when violation is willful holding under indiana law that profits are not wages and neither is a fraction of profits wages and so a bonus that is based on the performance of a plant rather than on the time or determinable output of the employee is not wages either holding that a plaintiff cannot assert a statutory claim for wages under the labor law if he has no enforceable contractual right to those wages holding that the flsa does not preempt a state law contractual claim that seeks to recover wages for time that is compensable under the contract but not under the flsa holding that garnishment of wages is a deprivation