Law Blog

Court Grants Default Judgment for $204,838 in Action for Overtime and Minimum Wage Violations

dealership

$240,838.13 – Action for Overtime and Minimum Wage Violations Logan v. World Luxury Cars, Inc. d/b/a/ Boss Auto Premier, Nadia Lev and Arik Lev, each in their individual and professional capacitiesCase No: 1:15-cv-00248-RRM-PK, Eastern District of New York

Continue reading
  1207 Hits
1207 Hits

Henderson v. AFG Group, Inc., Case No.: 1:18-cv-04179

Consultants

New Action filed in the Southern District of New YorkHenderson v. AFG Group, Inc., Case No.: 1:18-cv-04179On May 9, 2018, Plaintiff Ms. Henderson, filed a civil action lawsuit in United States District Court – Southern District of New York against AFG Group, Inc. The complaint alleges as follows:

Continue reading
  1008 Hits
1008 Hits

What Benefits are You Entitled to When You Leave Your Job?

Business Phone Call

People leave jobs all the time and for a variety of reasons. It’s just a part of the modern-day business world. There are very few people anymore who remain with the same company over the long haul and employers expect turnover within their company.

Continue reading
  858 Hits
858 Hits

Borrelli & Associates negotiates $135K settlement for Age Discrimination and Unpaid Wages

12335143291

New York employment law firm, Borrelli and Associates, P.L.L.C represented a client against her employer, an international interior design association, for claims of age discrimination in violation of the Age Discrimination in Employment Act, the New York State Human Rights Law, the New York City Human Rights Law, as well as for claims of unpaid wages in violation of the Fair Labor Standards Act, the New York Labor Law, and the New York Codes, Rules, and Regulations. The client alleged that the company took several adverse actions against our client due to her age in an effort to force her from her employment. Further, the company misclassified her as exempt from federal and state overtime laws and thus cheated her out of her overtime wages. The Firm negotiated a pre-litigation settlement of $135,000.00. Michael J. Borrelli, Alexander T. Coleman, and Jeffrey Maguire handled the matter on behalf of the Firm.

  1187 Hits
1187 Hits

Brininger v. Fred A. Cook, Jr., Inc., and Brian F. Cook, individually Docket No.: 18-cv-4579

Water Treatment

New Collective Action filed in the Southern District of New YorkBrininger v. Fred A. Cook, Jr., Inc., and Brian F. Cook, individually  Docket No.: 18-cv-4579

Continue reading
  1827 Hits
1827 Hits

Hearings on Eliminating the Tip Credit Wrap Up Across New York State

Restaurant Check

In December 2017, Governor Andrew Cuomo announced that the New York State Department of Labor would be conducting hearings regarding the elimination of the so-called “tip credit,” which allows workers in predominantly service industry jobs to receive an hourly wage that is below the applicable minimum wage, as long as they receive enough tips so that their take-home pay reaches the threshold of minimum wage. In New York City, for example, the applicable 2018 minimum wage is $13.00 per hour, but restaurants employing eleven or more employees are able to pay their workers a minimum of $8.65 per hour, as long as their employees make at least $4.35 per hour in tips, or the restaurant must make up the difference. There are varying minimum wage rates and allowable tip credits for Long Island, Westchester, and the rest of New York State as well.

Continue reading
  1114 Hits
1114 Hits

Judge grants Conditional Certification of Collective Action in the Eastern District of New York | Ramirez-Marin v. JD Classic Builders Corp. and George Roth

Construction

Ramirez-Marin v. JD Classic Builders Corp. and George Roth, an individual Case No.: 1:16-cv-05584-DLI-RERAs previously reported on this website, in Ramirez-Marin v. JD Classic Builders Corp, et al., on October 6, 2016, Lead Plaintiff Ernesto Ramirez-Marin, on behalf of himself and those similarly situated, filed a class and collective action lawsuit against JD Classic Builders Corp and George Roth, individually, 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 for overtime wages. The factual allegations of the case are referenced in our January 2017 blog post and are summarized as follows.

Continue reading
  1156 Hits
1156 Hits

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

12393836427

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

Continue reading
  1970 Hits
1970 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.

  948 Hits
948 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.

Continue reading
  3231 Hits
3231 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.

Continue reading
  1145 Hits
1145 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

Continue reading
  1070 Hits
1070 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.

Continue reading
  941 Hits
941 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.

  1139 Hits
1139 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.

Continue reading
  1045 Hits
1045 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

Continue reading
  1362 Hits
1362 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

Continue reading
  2507 Hits
2507 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.

Continue reading
  1880 Hits
1880 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

Continue reading
  1391 Hits
1391 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

Continue reading
  1325 Hits
1325 Hits

Logo

910 Franklin Avenue
Suite 200
Garden City, NY 11530
Tel: 516-248-5550
Fax: 516-248-6027

655 Third Avenue
Suite 1821
New York, NY 10017
Tel: 212-679-5000
Fax: 212-679-5005