Law Blog

Martinez v. Long Island Railroad Company, and Katherine Meilick, individually Case No.: 1:18-cv-03075

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New Collective Action filed in the Eastern District of New YorkMartinez v. Long Island Railroad Company, and Katherine Meilick, individually Case No.: 1:18-cv-03075

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1614 Hits

Firm Negotiates $251,274.36 Settlement in Action for Overtime Compensation and Retaliation

Employment Compensation

$251,274.36 – Action for Overtime Compensation and Retaliation - Firm represented a manager against her former employer, a corporation that owns and manages residential apartment buildings, asserting certain claims of violations of the Fair Housing Act, New York State Human Rights Law and the New York Labor Law (“NYLL”). The complaint in this matter alleged that Defendants paid our client a flat weekly rate of pay which fell below the amount required by the NYLL to qualify her for an overtime exemption. Nonetheless, Defendants required our client to work over forty hours per week and neglected to pay her for any of those excess hours. Additionally, the complaint asserted that Defendants required Plaintiff to live in the apartment building where she worked, yet still charged her rent, which amounted to unlawful deductions from her pay. Moreover, at some point, Defendants forced Plaintiff to carry out discriminatory housing practices. When Plaintiff refused to rent any apartments on Defendants’ behalf under such an unlawful policy, Defendants retaliated by harassing Plaintiff for over a year. Defendants continuously denied Plaintiff’s requests to stop verbally harassing her and breaking the law. This constructively led to the conclusion of Plaintiff’s employment. In further retaliation, Defendants filed several eviction proceedings, unlawfully increased Plaintiff’s rent, and spread lies about Plaintiff. After engaging in mediation, the Firm negotiated a settlement of $251,274.36 in March 2018. Michael J. Borrelli, Alexander T. Coleman, and Michael R. Minkoff handled the matter on behalf of the Firm.

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787 Hits

Dressing the Part: Can Your Employer Charge You for Your Uniform?

Work Uniforms

Many employers require employees to wear a uniform when they are on the clock. In some cases, the uniform is supplied free of charge, but some employers want to charge employees for their uniforms.

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2507 Hits

Judge grants Conditional Certification of Collective Action in the Eastern District of New York

Restaurant Preparation

Rosario v. Baldwin Tavern Inc. d/b/a/ Kitty O’ Hara, and David Baker, individually, and Shay Leavy, individually. Docket No.: 17-cv-05879-SJF-ARLAs previously reported on this website, in Rosario v. Baldwin Tavern Inc. d/b/a/ Kitty O’ Hara, et. al., on October 6, 2017, Lead Plaintiff Mr. Rosario, on behalf of himself and those similarly situated, filed a collective action lawsuit against Baldwin Tavern Inc. d/b/a/ Kitty O’ Hara, et al. alleging willful violations of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Comp. Codes, Rules, and Regulations (“NYCCRR”), including the failure of Defendants to compensate Plaintiff at the minimum wage rate and for overtime wages. The factual allegations of the case are referenced in our December 2017 blog post and are summarized as follows.

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907 Hits

Firm Negotiates $108,500 Settlement for Class of Laundromat Workers

next

Dey and Abesamis, et al. v. Next Cleaners NY1, LLC, and Next Cleaners, LLC, and Next At 808 Columbus, Inc., and Kam Saifi, individually, and George Inakavadze, individually, and Alekey Berezov, individually, Case No: 17-cv-2049, Southern District of New York

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899 Hits

To Kneel or Not to Kneel? That is the Question for the NFL

Football Flag

On Wednesday, May 23, the National Football League (“NFL”) announced a new rule in the game operations manual regarding players and team staff kneeling in protest during the National Anthem.

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768 Hits

$142,500.00 - Tejada v. Park Sanford Owners Corp. and Impact Real Estate Management, Inc., Case No: 17-cv-4523, Eastern District of New York

impact

Tejada v. Park Sanford Owners Corp. and Impact Real Estate Management, Inc., Case No: 17-cv-4523, Eastern District of New York$142,500.00 - Action for Overtime Compensation and Retaliation - Firm represented an on-site superintendent against his former employer, a shareholder-owned residential apartment co-operative and its management company. The complaint in this matter alleged that Defendants required Plaintiff to work in excess of forty hours each week, yet Defendants failed to compensate Plaintiff at any rate of pay, let alone at the statutorily-required rate of time and one-half his regular rate of pay for any overtime hours. Thus, Defendants violated the Fair Labor Standards Act (“FLSA”) by failing to pay Plaintiff overtime wages legally due to him. Furthermore, the complaint alleged that Plaintiff regularly complained about his intense workload and lack of overtime pay. In response, Defendants retaliated against Plaintiff by increasing his workload and requiring him to pay any staff that Defendants hired to assist him and to purchase many supplies for the building’s repairs out of his own pay. Thus, Defendants violated the New York Labor Law by unlawfully deducting expenses from Plaintiff’s wages through separate transactions. Finally, when Plaintiff became unable to continue paying others to help him with his work, Defendants increased their retaliation by excessively disciplining Plaintiff and threatening to evict him and his family from their apartment in the building in which Defendants required that Plaintiff live to perform his job duties. Subsequently, Plaintiff was forced to separate his employment, resulting in his constructive discharge in further violation of the FLSA. After negotiation, the case culminated in a settlement in the amount of $142,500.00. Michael J. Borrelli, Alexander T. Coleman, and Michael R. Minkoff handled the matter on behalf of the Firm.

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936 Hits

Breastfeeding and the Workplace

Breastfeeding

Breastfeeding is a perfectly natural practice for mothers of young children, but the practice tends to raise strong opinions. Unfortunately, this is sometimes the case in the workplace. Though you might assume there wouldn’t be an issue in the workplace unless the child is present to be fed, the truth is mothers must use a breast pump to remove milk even if they are not actively feeding their baby. Mothers have little to no control over the need to pump and employers must act reasonably when it comes to nursing mothers on their staff.

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853 Hits

Judge grants Conditional Certification of Collective Action in the Southern District of New York Docket No.: 17-cv-8484-VB

Landscaper

Judge grants Conditional Certification of Collective Action in the Southern District of New YorkEscamilla v. Morano Landscape Garden Designs, Ltd., and Rosina Morano Sagliocco, individually Docket No.: 17-cv-8484-VB

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1132 Hits

Sealock v. Covance Market Access Services, Inc. Case No.:1:17-cv-05857

Test tubes

Judge grants Conditional Certification of Collective Action in the Southern District of New York.Sealock v. Covance Market Access Services, Inc.  Case No.:1:17-cv-05857

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2047 Hits

Federal and New York State WARN Act(s) provide protections for laid-off and relocated workers

Employees image

No one wants to hear that they have been laid off or that their job is relocating somewhere else. However, the federal government and New York State provide some protections for employees going through this stressful experience.

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1346 Hits

DeFrancesco v. Mirador Real Estate, LLC Case No.: 1:18-cv-04032

Apartment For Rent

New Collective Action filed in the Southern District of New YorkDeFrancesco v. Mirador Real Estate, LLC Case No.: 1:18-cv-04032

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  1136 Hits
1136 Hits

Judge grants Conditional Certification of Collective Action in the Northern District of Texas

Truck

Judge grants Conditional Certification of Collective Action in the Northern District of TexasLo v. XPO Logistics-SC of Texas, LLC, and XPO Logistics, Inc. Case No: 4:17-cv-674

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1098 Hits

Does FMLA Offer Coverage for a Sick Pet?

rostig

The Family Medical Leave Act was created to help employees deal with difficult family situations that require more than just a few days away from work. Family obligations can be time-consuming and affect an employee’s frame of mind, so lawmakers designed FMLA to offer job protection for those who need to step away and deal with a problem.

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3753 Hits

Alvarado and Alvarado v. 2000 Auto Sales, Inc. d/b/a Smith Haven Chrysler Jeep Dodge Ram, and Chris Markakis, individually Case No.: 2:18-cv-02370

Discrimination

New Collective Action filed in the Eastern District of New YorkAlvarado and Alvarado v. 2000 Auto Sales, Inc. d/b/a Smith Haven Chrysler Jeep Dodge Ram, and Chris Markakis, individually Case No.: 2:18-cv-02370

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  993 Hits
993 Hits

Auto Dealership Service Advisors Exempt From Overtime Under The FLSA

Car Dealership

On April 2, 2018, the Supreme Court ruled 5-4 that service advisors at auto dealerships are exempt from overtime under the Fair Labor Standards Act (“FLSA”).

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1194 Hits

What You Should Know about Employer Funded Education

Education Image

Some employers offer benefits related to the education of employees. Companies provide this type of benefit because they know it is something that attracts the best and brightest in the industry, and a more educated employee is advantageous for the company. It’s a mutually beneficial arrangement and one you should consider when searching for a job.

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828 Hits

Judge Grants Conditional Certification of Collective Action in the Southern District of New York Esperanza v. Dyckman Bar, Corp. et al Case No.: 1:17-CV-08766

bar

As previously reported on this website, in Esperanza v. Dyckman Bar, Corp. et al, on November 10, 2017, Lead Plaintiff Ms. Esperanza, on behalf of herself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Southern District of New York against her employer, Dyckman Bar, Corp. and Jose F. Galeas alleging willful violations of the Fair Labor Standards Act ("FLSA"), the New York Labor Law (“NYLL”) and the New York Codes, Rules, and Regulations (“NYCRR) including, but not limited to the failure of Defendants to compensate Plaintiff for overtime wages. The factual allegations of the case are referenced in our November 2017 blog post and are summarized as follows:

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968 Hits

Hot Button Issue: A Spotlight on Graduate Students Trying to Unionize

labor union

At private universities across the country, graduate students who work as teaching and research assistants are attempting to unionize in the hopes of being able to collectively-bargain for increased stipends, better health benefits, and transparent grievance procedures, among other issues.

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791 Hits

Rafique v. Isham Broadway Pharmacy, Inc., and Satyanarayana Nekkanti, individually Case No.: 1:18-cv-02801

Pharma

New Collective Action filed in the Southern District of New YorkRafique v. Isham Broadway Pharmacy, Inc., and Satyanarayana Nekkanti, individually Case No.: 1:18-cv-02801

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1014 Hits

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