New York Employment Law Case News
Court Decisions
Judge grants Conditional Certification of a Nation-Wide Collective Action in the Southern District of New York
Sealock v. Covance Market Access Services, Inc., Civil Case No.: 17-cv-05857-JMF
On December 27, 2018, United States District Judge Jesse M. Furman, granted an order for conditional certification of a nation-wide collective action against Covance Market Access Services, Inc. Judge Furman authorized Plaintiffs leave to send notice to putative members who worked for Defendant in all states, with the exception of those who were already sent notice in New York, Florida, North Carolina, Tennessee, and Washington D.C.; who at any time between August 3, 2014 and the present, performed any work for Defendants as a clinical research associate. By filing the collective action notice, current and former employees will become part of the case and eligible to receive money damages if they were not paid properly as the Plaintiff in this case allege.
If you or a person you know worked for the Defendant named in the lawsuit during the time period of August, 2014 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through our websites, by phone: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
Read – Court Authorized Notice
Judge grants Conditional Certification of Collective Action in the Southern District of New York
Fernandez v. Catholic Guardian Services, Craig Longley, individually, Grace Poppe, individually, and Dolores Ortiz, individually, Civil Case No.: 17-cv-03161-ER
On September 20, 2018, United States District Judge Edgardo Ramos, granted an order for conditional certification of a collective action against Catholic Guardian, Longley, Poppe and Ortiz. Judge Ramos authorized that a collective action notice be sent to current and former employees, who at any time during the Relevant Period, performed any work for Defendants as foster care case planners and case managers. By filing the collective action notice, current and former employees will become part of the case and eligible to receive money damages if they were not paid properly as the Plaintiffs in this case allege.
If you or a person you know worked for the Defendants named in the lawsuit during the time period of July, 2011 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
Judge grants Conditional Certification of Collective Action in the Eastern District of New York
Ramirez v. El Potrero Sport Bar, Inc., Case No.: 18-cv-964
In this case, pursuant to the request of the Plaintiff, the Judge reviewed claims that the Plaintiff brought forward alleging that there are additional workers in the same “class” (performing the same or similar duties) whose rights have been violated. After reviewing the facts of this case, on July 27, 2018, Magistrate Judge Steven L. Tiscione granted “conditional certification” allowing the case to proceed as a collective action enabling any current and former employees who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.
If you or a person you know worked for the Defendants named in the lawsuit during the time period of February 13, 2012 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through this website, or www.516abogado.com or by phone: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
Read BlogView Court Authorized Notice
Judge grants Conditional Certification of Collective Action in the Eastern District of New York
Ramirez-Marin v. JD Classic Builders Corp. and George Roth, an individual Case No.: 1:16-cv-05584-DLI-RER
After reviewing the facts of this case, on June 8, 2018, Magistrate Judge Ramon E. Reyes granted “conditional certification” allowing the case to proceed as a collective action enabling any current and former non-managerial employees who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.
Any person that worked for the Defendants named in the lawsuit during the time period of October 6, 2010 – present may consent to file a claim to recover damages for overtime violations by submitting the opt-in form using the following links: Court Authorized Notice and Opt-In Form (English) | Aviso Autorizado del Tribunal y Formulario de Opción de Participación (SPANISH) | Zezwolenie Trybunału i formularz zgody (POLISH)
Judge grants Conditional Certification of Collective Action in the Eastern District of New York
Sealock v. Covance Market Access Services, Inc. Case No.:1:17-cv-05857
On May 18, 2018, the Honorable Jesse M. Furman granted “conditional certification” allowing the case to proceed as a collective action enabling any other workers who were not paid properly to join the lawsuit and seek redress for Defendant’s failure to pay them in accordance with the law.
Any person that worked for the Defendant named in the lawsuit during the time period of August 3, 2011– present may consent to file a claim to recover damages for overtime violations by submitting the opt-in form on this notice.
READ: Case Update
Judge grants Conditional Certification of Collective Action in the Eastern District of New York
Escamilla v. Morano Landscape Garden Designs, Ltd., and Rosina Morano Sagliocco, individually Docket No.: 17-cv-8484-VB
District Judge Vincent L. Bricetti granted “conditional certification” allowing the case to proceed as a collective action enabling any current and former landscapers who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.
READ: Case Update, Court Authorized Notice and Opt-In Form, Court Reminder Notice and Consent to Join Form English, Aviso de recordatorio judicial y consentimiento para unirse al formulario español, Aviso de Recurso de Tribunal e Consentimento para Aderir ao Formulário Português, Avviso di sollecito del tribunale e consenso al modulo di iscrizione in italiano
Judge grants Conditional Certification of Collective Action in the Northern District of Texas
Lo v. XPO Logistics-SC of Texas, LLC, and XPO Logistics, Inc. Case No: 4:17-cv-674
After reviewing the facts of this case, District Judge Reed O’ Connor found that Plaintiffs met their burden of establishing that there are similarly situated potential “Members of the Collective.” On April 30, 2018, Judge O’ Connor granted “conditional certification” allowing the case to proceed as a nationwide collective action enabling any other workers throughout the nation who were not paid properly to join the lawsuit and seek redress for the Defendants’ failure to pay them in accordance with the law.
READ: Case Update
Judge grants Conditional Certification of Collective Action in the Eastern District of New York
Lopez De Paz v. Troy Nurseries, Inc., et al. Case No: 17-cv-6622-LDW-ARL
On April 10, 2018, Magistrate Judge Arlene R. Lindsay entered an order for conditional certification of a collective action in favor of Lead Plaintiff Ms. Lopez De Paz against Troy Nurseries, Inc. and Julissa Silfa, individually. View additional information about this case here. The court has authorized the parties to send out notice to all putative members of the class. Any manual laborer who has been employed by the Defendants during the time period of November 13, 2011 to the present may consent to file a claim to recover damages for overtime violations by submitting the opt-in form on this notice.
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
On April 10, 2018, District Judge Alison J. Nathan entered an order for conditional certification of a collective action in favor of Lead Plaintiff Ms. Esperanza against Dyckman Bar, Corp. and Jose F. Galeas, individually. View additional information about this case here. The court has authorized the parties to send out notice to all putative members of the class. Any bartender and/or waitress who has been employed by Defendants during the time period of November 10, 2011 to the present may consent to file a claim to recover damages for wage violations.
VIEW: Court Authorized Notice and Opt-In Form
Judge grants Conditional Certification of Collective Action in the Eastern District of New York
Brown v. Michael Della Vecchia & Son Inc. et al Case No.: 1:17-CV-06094
On April 5, 2018, Magistrate Judge James Orenstein entered an order for conditional certification of a collective action in favor of Lead Plaintiff Mr. Brown against Michael Della Vecchia & Son, Inc., and Anthony Della Vecchia, individually. View additional information about this case here. The court has authorized the parties to send out notice to all putative members of the class. Any laborer who has been employed by Defendants during the time period of October 18, 2011 to the present may consent to file a claim to recover damages for wage violations. Any manual laborer who has been employed by the Defendants during the time period of November 13, 2011 to the present may consent to file a claim to recover damages for overtime violations by submitting the opt-in form on this notice.
Judge grants Conditional Certification of Collective Action in the Eastern District of New York
Henry v. Prishtina Construction Designs, Inc. Docket No.: 17-cv-5041
On March 28, 2018, Magistrate Judge Ramon E. Reyes, Jr. entered an order for conditional certification of a collective action in favor of Lead Plaintiff Mr. Henry against Prishtina Construction Designs, Inc., and Flamur Prishtina, individually. View additional information about this case here. The court has authorized the parties to send out notice to all putative members of the class. Any current or former construction worker who has been or is employed by Defendants may consent to file a claim to recover damages for overtime compensation that is legally due to him or her by filling out the opt-in form on this notice.
Judge grants Conditional Certification of Collective Action in the Eastern District of New York
Guzman-Reina v. ABCO Maintenance, Inc., and James Virga, individually, Thomas Virga, individually, and Pete Ghazarian, individually. Case No.: 17-cv-01299
On March 7, 2017, Lead Plaintiff Ms. Guzman-Reina, on behalf of herself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Eastern District of New York against ABCO Maintenance, Inc., and James Virga, individually, Thomas Virga, individually, and Pete Ghazarian, individually. The complaint alleges as follows:
Ms. Guzman-Reina worked for Defendants — a full service commercial maintenance company that provides general construction, repairs, and scheduled maintenance for its clients – as a dispatcher from September 23, 2013 through May 2, 2016. From around February 2014 until the end of her employment, Defendants required Plaintiff to work between forty-five and fifty hours per week, and, on most occasions, intentionally failed to compensate her at any rate of pay, and on some occasions simply paid her straight-time for some hours worked over forty. By purposefully failing to pay Plaintiff the statutorily-required overtime rate of one-half her straight-time rate of pay for any hour that she worked in excess of forty, Defendants willfully violated Plaintiff’s rights guaranteed to her under the Fair Labor Standards Act (“FLSA”) as well as the New York Labor Law (“NYLL”). Further transgressing the law, Defendants neglected to provide Plaintiff with proper wage statements on each payday or with an accurate wage notice at the time of hire.
With respect to the claim that Defendants paid and treated all of their dispatchers in the same manner, Plaintiff filed a collective certification motion pursuant to the collective action provisions of the FLSA. Accordingly, on March 5, 2018, Judge Peggy Kuo, granted the conditional certification of a class collective action and authorized the parties to send out notice to all putative members.
If you worked as a dispatcher for ABCO Maintenance, Inc. at any time between March 7, 2014 to the present, you might be entitled to join a lawsuit seeking back pay for wage violations. For additional details, including how to join, please view the notice below. If you have any information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, or (212) 679-5000.
Read: Court Stipulation and Proposed Order
Read: Court Authorized Notice of Lawsuit
Jones II v. Pawar Bros. Corp. and Harjinder Singh, individually Case No. 1:17-CV-03018
Judge Grants Collective Certification in Unpaid Overtime Case
On May 18, 2017, Lead Plaintiff Daniel E. Jones II, on behalf of himself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Eastern District of New York vs. Pawar Bros. Corp. and Harjinder Singh, individually. The Complaint alleges as follows:
Mr. Jones worked for Defendants—an automobile body shop and its owner—as a dispatcher and tow truck driver from September 18, 2010 until February 15, 2017. For at least the six-year period pre-dating the commencement of this action, the Defendants required Plaintiff to work, and Plaintiff did routinely work in excess of forty hours for each week. Throughout his employment, Defendants failed to pay Plaintiff the proper overtime compensation at the statutorily-required overtime rate of pay for any hour that he worked per week over forty hours as the New York Labor Law, New York Compensation Codes Rules and Regulations (“NYLL”), and the Federal Fair Labor Standards Act require. Additionally, Defendants failed to provide Mr. Jones with accurate wage statements on each payday, further violating the NYLL.
On February 14, 2018 United States District Judge James Orenstein granted an order for conditional certification of a collective action against Pawar Bros. Corp. and Harjinder Singh. Judge Orenstein authorized that a collective action notice be sent to current and former employees, who at any time during the Relevant Period, performed any work for Defendants as dispatchers and/or tow-truck drivers.
If you worked as a dispatcher, a tow truck driver, and/or any other similar position for Pawar Bros. Corp. and Harjinder Singh during the time period of May 18, 2011 – present, you may be entitled to join a lawsuit seeking back pay for overtime wages. For additional information about the case, including how to join, please review the notice by clicking on the “Court Order” link below. If you have any other relevant information, contact Borrelli & Associates, P.L.L.C. as soon as possible through our websites, www.employmentlawyernewyork.com, or www.516abogado.com, or by telephone, (516) 248-5550, (212) 679-5000 or (515) ABOGADO.
Read: Notice and Opt-In Form in English and Spanish
Leier v. Lincoln Limousine Luxury Inc. et al.
Case No. 1:14-cv-03121-PKC-PK
Court Tosses Defendants’ Motion for Partial Summary Judgement; Allows Unpaid Wage Claims to Proceed to Trial
On May 19, 2014, Named Plaintiff Douglayr Leier, on behalf of herself and those similarly situated, filed an action in the United States District Court of the Eastern District of New York against her former employers, Lincoln Limousine Brokerage Inc. d/b/a Lincoln Limousine, Inc., Lincoln Limousine Luxury Inc., Lynbrook Car and Limo Inc., and Mohamed M. Almogazi for unpaid overtime and minimum wages, unpaid gratuities, unpaid spread of hours premiums, unlawful wage deductions, conversion, and wage statement violations under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). On December 4, 2015, the Court granted Plaintiff’s motion to conditionally certify this action as a collective action for unpaid overtime under 29 U.S.C. 216(b), wherein one additional former employee joined the case as opt-in Plaintiff.
On August 11, 2017, Defendants moved for partial summary judgment to dismiss named Plaintiff’s claims only for unpaid overtime under the FLSA and the NYLL, arguing that Plaintiff was at all relevant times exempt from the overtime requirements of the FLSA and NYLL pursuant to the motor carrier exemption as set forth in the Motor Carrier Act, 29 U.S.C. 213(b)(1). On January 3, 2018, the Court denied Defendants’ motion for partial summary judgment and in doing so, rejected Defendants’ argument in its entirety. Plaintiffs’ case will now proceed to trial.
Read: Court Order
Guzman-Reina v. ABCO Maintenance, Inc. et al.
Case no. 1:17-cv-01299-ILG-PK
Court Tosses Defendants’ Motion to Dismiss; Allows Unpaid Wage Claims to Proceed
On March 7, 2017, Lead Plaintiff Shirley Guzman-Reina, on behalf of herself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Eastern District of New York vs. ABCO Maintenance, Inc. et al. The complaint alleges as follows: Ms. Guzman-Reina alleges that the Defendants routinely required her to work more than forty hours per workweek and that she regularly worked “between forty-five and fifty hours per week” without additional compensation. Plaintiff Further alleges that Defendants generally refused to pay wages for more than 40 hours of work, as deliberate policy, and that they obscured their time keeping records to minimize such payments.
In response to the Complaint, the Defendants submitted a motion to dismiss the complaint alleging that Ms. Guzman-Reina failed to plead her cause of action in accordance with the controlling law of this circuit. The Court ruled in the favor of Shirley Guzman-Reina thereby denying Defendants request to Dismiss and allowing the case to proceed forward.
Read: Court Order
Santana v. Caridad International Restaurant, Inc. d/b/a Parrilla Latina Restaurant, et al.,
Case no. 17-cv-07690 (VEC)
United States District Judge Valerie E. Caproni ordered the conditional certification of a collective action against Defendants 230 Broadway Restaurant Corp. d/b/a Parrilla Latina Restaurant and Jeannette Castillo under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to all current and former employees who, during the period of April 8, 2016 to the present, performed any work for Defendants 230 Broadway Restaurant Corp. d/b/a Parrilla Latina Restaurant and Jeannette Castillo as non-managerial kitchen workers, or in a similar role, so that they may be given the opportunity to file a claim to recover damages for overtime compensation that is legally due to them.
If you worked as a non-managerial kitchen worker or in a similar role for 230 Broadway Restaurant Corp. d/b/a Parrilla Latina Restaurant and Jeannette Castillo at any time between April 8, 2016 and the present, you might be entitled to join a lawsuit seeking back pay for overtime wages.
Ramos Marin, et al. v. Mezzecantina LLC, et al.
Docket No.: 17-cv-05020 (MAS-TJB)
United States District Judge Michael A. Shipp for the District of New Jersey ordered the conditional certification of a collective action against Mezzecantina LLC and Michael Krikorian under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to all current and former employees who, during the period of July 10, 2014 to the present, performed any work for Defendants as non-managerial kitchen workers, or in a similar role, so that they may be given the opportunity to file a claim to recover damages for overtime compensation that is legally due to them.
If you worked as a non-managerial kitchen worker or in a similar role for Mezzecantina LLC or Michael Krikorian at any time between July 10, 2014 and the present, you might be entitled to join a lawsuit seeking back pay for overtime wages. For additional information about the case, including how to join, please review the notice below by clicking on the link below.
Read: Court Authorized Notice
Court Grants Firm’s Motion for Final Approval of Class and
Collective Action Settlement, Service Awards, an Award of Attorney’s Fees and Expenses, and the Entry of Final Judgment
Davis et al. v. Uptown Communications & Electric, Inc., et al.
Case No: 16-CV-3990 (LB)
On November 15, 2017 Magistrate Judge Lois Bloom granted Plaintiffs’ For Final Approval of Class and Collective Action Settlement, Service Award for Named Plaintiffs, an Award for Attorneys’ Fees and Expenses, and the entry of Final Judgment. The Court found the settlement to be fair, reasonable, and equitable. The settlement provides for a Settlement fund of $670,000.00.
The Court certified the following two Settlement Classes: All individuals who worked as cable installers/technicians for Defendants at any time between August 6, 2011 through June 26, 2017, and who may be owed unpaid overtime wages for all hours worked over forty, and statutory damages. Also, all individuals who worked as cable installers/technicians for Defendants at any time between July 18, 2013 through June 26, 2017, and who may be owed unpaid overtime wages for all hours worked over forty, and statutory damages.
If you or anyone you know is not begin paid properly at work, please contact Borrelli & Associates, P.L.L.C. as soon as possible through our website, www.employmentlawyernewyork.com, www.516abogado.com or by phone: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
Callaham v. Settembre Limousine Service, Inc. et al.
United States District Court, Southern District of New York Case No.7:17-cv-04896 (CS)
United States District Judge Cathy Seibel entered an order for conditional certification of a collective action against Settembre Limousine Service, Inc. et al. Judge Seibel has authorized that a collective action notice be sent to current and former drivers, who, at any time during the Relevant Period, performed any work for Defendants as drivers, and who consent to file a claim to recover damages for overtime compensation that is legally due to them (the “FLSA Plaintiffs”).
If you worked as a driver for Settembre Limousine Service, Inc., and/or Anthony Settembre at any time between June 28, 2014 and the present, you might be entitled to join a lawsuit seeking back pay for overtime wages. For additional information about the case, including how to join, please review the linked notice below and contact Borrelli & Associates, P.L.L.C. as soon as possible through our website, www.employmentlawyernewyork.com, www.516abogado.com or by phone: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
Read: Court Authorized Notice
Read: Reminder Notice
Court Grants Plaintiffs’ Second Motion to Compel; Denies Defendants’ Cross Motion to Strike
Leonardo Mejia, et al. v. Blue Bay Enterprises, LLC, et al., Docket No. 16-cv-00678 (BRM) (LHG)
In this matter, Plaintiffs filed a motion seeking outstanding discovery relating to opt-in Plaintiff Arturo Lopez. In opposition, on July 14, 2017, Defendants served a Cross Motion to Strike arguing that opt-in Plaintiff Lopez should not be included as an opt-in Plaintiff in this lawsuit because he filed his consent to join form after a Court imposed deadline. In his decision, the Honorable Brian R. Martinotti, District Judge for the United States District Court, District of New Jersey found that the effect of any delay on discovery, and any associated prejudice to Defendants that might flow from opt-in Plaintiff Lopez’s late entry was substantially reduced because counsels’ efforts had been focused primarily on negotiating a resolution since April 26, 2017. Thus, the Court found that including Lopez in this lawsuit would neither inflict unfair prejudice on Defendants nor meaningfully delay the proceedings. Judge Martinotti also determined that Lopez’s hesitation to join the lawsuit based on certain temporary physical limitations that impacted his ability to participate were “understandable given his health history.” As a result, the Court found no reason to infer that Lopez acted in bad faith in filing his consent to join form after the Court’s deadline. On balance, the Court held that Plaintiffs had shown good cause to excuse Lopez’s late filing of his consent to join form. Accordingly, on October 6, 2017, Judge Martinotti ordered that Plaintiffs’ Second Motion to Compel be granted in plaintiffs’ favor and ordered that Defendants’ Cross Motion to Strike be denied.
To provide or receive any additional information about the case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
Applebee’s Franchise Workers Served A Win In Wage Suit
Marin et al. v. Apple-Metro Inc. et al., case number 1:12-cv-05274, and
Shaunta Dove et al. v. Apple-Metro Inc. et al., case number 1:13-cv-01417, in the U.S. District Court for the Eastern District of New York.
A New York federal judge on Wednesday agreed with a group of Applebee’s franchise employees that the company shouldn’t have taken so-called tip credits from their pay in a recommendation that, the workers’ attorneys say, could lead to more than $100 Million in payments from the company.
For additional information about the case, please review the article by clicking on the here.
Diaz v. Joyeria Elizabeth I, Corp., et al. Docket No.1:17-cv-05136-SHS
United States District Judge Sidney H. Stein, for the Southern District Court of New York ordered the conditional collective certification of a collective action against Joyeria Elizabeth I, Corp., et al. under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to current and former sales clerks, who, at any time during the Relevant Period, performed any work for Defendants, and who consent to file a claim to recover damages for overtime compensation that is legally due to them (the “FLSA Plaintiffs”).
If you worked as a sales clerk for Joyeria Elizabeth I, Corp., and/or Joyeria Elizabeth II, Corp., and/or Joyeria Elizabeth III, Corp., and/or Tomasa Izaquirre at any time between July 7, 2011 and the present, you might be entitled to join a lawsuit seeking back pay for overtime wages. For additional information about the case, including how to join, please review the notice below by clicking on the link below.
Cabrera v. Christopher Stephens d/b/a 7-Eleven, et al. Case No. 16-cv-03234 (ADS) (SIL)
United States Magistrate Judge Steven I. Locke ordered the conditional certification of a collective action against the Defendants under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to current and former non-managerial hourly employees, who during the applicable FLSA limitations period, performed any work for any of the Defendants at any of Defendants’ 7-Eleven franchise locations, and who consent to file a claim to recover damages for: (1) overtime compensation that is legally due to them; and/or (2) minimum wages that are legally due to them (“FLSA Plaintiffs”). The Defendants’ locations are as follows: (1) 653 Montauk Highway, Montauk, New York 11954; (2) 145 Hospital Road, East Patchogue, New York 11772; (3) 221 West Main Street, Smithtown, New York 11787; and (4) 655 Route 25A, Kings Park, New York 11754.
If you are currently or were formerly employed by Defendant Christopher Stephens d/b/a 7-Eleven, and/or Attaullah Khan, between the period of February 20, 2014 to the present at any of Defendants’ locations as a non-managerial hourly employee and would like to join the collective action, please review the notice below by clicking on the link below.
Court Denies Defendant’s Motion to Dismiss Plaintiff’s Collective Actions Claims
Ernesto Ramirez-Marin v. JD Classic Builders Corp., et al. Docket No. 16-cv-5584 (DLI) (RER)
On June 5, 2017, United District Court Magistrate Judge Ramon E. Reyes, for the Eastern District Court of New York issued a Report of Recommendation recommending that Defendants’ motion to partially dismiss Plaintiff’s collective action claims be denied. On September 30, 2017, Chief United States District Judge Dora L. Irizarry, for the Eastern District of New York, adopted Magistrate Judge Reye’s Report and Recommendation in its entirety and accordingly, the court denied Defendants’ motion to partially dismiss the complaint. In brief, Plaintiff alleges that he worked in excess of forty hours in a workweek and that Defendants failed to compensate Plaintiff overtime as required by the FLSA and NYLL. Plaintiff brings this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, 29 U.S.C. § 216(b), on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable FLSA limitations period who suffered damages as a result of Defendants’ willful violations of the FLSA. Plaintiff also brings his claims under the NYLL and its implementing regulations on behalf of himself, individually, and on behalf of any Plaintiff who joins the litigation.
To provide or receive any additional information about this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
Vazquez v. Tibana Finishing, Inc. et al Case No. 1:17-CV-01907 (ARR) (PK)
United States Magistrate Judge Peggy Kuo ordered the conditional collective certification of a collective action against Tibana Finishing, Inc. et al. under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to current or former non-managerial employees of Defendant, Tibana Finishing, Inc., who, during the applicable FLSA limitations period, performed any work for Defendant as “Sewing Machine Operators” and/or “Stitching Machine Operator” and who give consent to file a claim to recover damages for unpaid minimum wages and overtime compensation that is legally due to them for the time worked in excess of forty hours per week (“FLSA Plaintiffs”).
If you worked at Tibana Finishing, Inc. (“Defendant”) at any time between March 30, 2014 and the present as “Sewing Machine Operator” and/or “Stitching Machine Operator” you may be entitled to join a lawsuit to collect moneys owed to you as a result of underpayment of wages. For additional information about the case, including how to join, please review the notice below by clicking on the link.
Ramos, et al. v. Parkchester Department of Public Safety LLC
Case No: 16-CV-8649 (JGK) (SN).
United States District Judge Valerie E. Caproni ordered the conditional collective certification of a collective action against Parkchester Department of Public Safety LLC, under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to current and former hourly employees who, at any time during the applicable period of October 13, 2014 to the present, performed any work for Defendant in the position of public safety peace officer with the rank of sergeant or higher, and who consent to file a claim to recover damages for overtime compensation that is legally due to them (“FLSA Plaintiffs”).
If you worked at Parkchester Department of Public Safety LLC at any time between October 13, 2014 to the present as an hourly employee in the position of public safety peace officer with the rank of sergeant or higher, please review the notice below by clicking on the link.
Judge Grants Conditional Certification in Collective Action Nolasco v. Dr. Shine et al. Case No.1:17-CV-01925 (PAC)
United States District Judge Paul A. Crotty ordered the conditional collective certification of a collective action against Dr. Shine et al. under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to current and former shoemakers of Dr. Shine, and/or Gotardo Cortez, who, at any time during the Relevant Period, performed any work for Defendants, and who consent to file a claim to recover damages for overtime compensation that is legally due to them.
If you worked as a shoemaker for Dr. Shine and/or Gotardo Cortez at any time between March 16, 2011 and the present, you might be entitled to join a lawsuit seeking back pay for overtime wages. For additional information about the case, including how to join, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
VICTORY FOR THE FIRM; Court Denies Defendant’s Motion for Summary Judgment and Class Decertification in Wage Case
Williams v. The Bethel Springvale Nursing Home Civil Case No. 14-Civ. 9383 (NSR)
On September 12, 2017 District Judge Nelson S. Roman denied the majority of Defendant’s motion seeking summary judgment and also denied Defendant’s motion to decertify the FLSA opt-in class. The Firm looks forward to proceeding to trial on behalf of the Plaintiffs in this matter.
To provide or receive any additional information about the case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248 – 5550, (516) ABOGADO, and (212) 679 – 5000.
Court Grants Firm’s Motion for Summary Judgment in Wage Case; Denies Defendant’s Motion for Summary Judgment Feuer, et al. v. Cornerstone Hotels Corp., et al.Docket No. 14-cv-5388 (JFB)(SIL)
On August 4, 2017 Magistrate Judge Steven I. Locke issued a Report of Recommendations recommending that the court grant plaintiffs’ motion for partial summary judgment and deny Defendant Naeem Butt’s cross-motions to amend and for summary judgment. On August 31, 2017, District Judge Joseph F. Bianco, adopted Magistrate Locke’s Report and Recommendations in granting plaintiffs’ motion for partial summary judgment, and denying defendant Butt’s cross-motions to amend and for summary judgement. In brief, Plaintiffs brought claims for minimum wage and overtime violations under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Plaintiffs also brought NYLL claims due to the Defendants’ failure to furnish Plaintiffs with wage statements on each payday as NYLL § 195(3) requires, or with wage notices at the time of hire, as NYLL § 195(1) mandates. Plaintiffs are former employees who worked as caretakers at Cornerstone, which is a motel located in the Hamptons. Plaintiffs worked for Defendants from May 1, 2014, through September 15, 2014. As caretakers, Mr. Feuer, during the day, performed general maintenance and landscaping work and was on call at night, while Mrs. Feuer performed general housekeeping work during the day, such as room cleaning and laundering.
Court Certifies Collective Action in Dey v. Next Cleaners, et al., Case No. 1:17-cv-02049 (JMF) (S.D.N.Y.).
On September 1, 2017, United States District Judge Jesse M. Furman ordered the conditional collective certification of a collective action against Next Cleaners, et al. under the Fair Labor Standards Act. Judge Furman has authorized that a collective action notice be sent to current and former laundromat and/or dry cleaner employees, who during the applicable FLSA limitations period, performed any work for or on behalf of any Next Cleaners Defendants, and who consent to file a claim to recover damages for overtime and/or minimum wages that are legally due to them between the period of March 21, 2011 to the present day.
If you worked as a laundromat and/or dry cleaner employee for Next Cleaners at any time between March 21, 2011 and the present, you might be entitled to join a lawsuit seeking back pay for unpaid overtime and minimum wages. For additional information about the case, including how to join, please review the notice below by clicking on the link.
READ: Court Authorized Notice of Lawsuit
Camara v. A&P Parking Corp. et al., Case No.1:17-cv-02187 (GBD).
United States District Judge Judge George B. Daniels ordered the conditional collective certification of a collective action against A&P Parking Corp., under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to current or former parking attendants who worked for the Defendants at any time between March 27, 2014 to the present.
If you worked as a parking attendant for A&P Parking Corp. and/or Muhammad Arif, and/or Pirzada Udin at any time between March 27, 2014 to the present, you might be entitled to join a lawsuit seeking back pay for overtime wages, please review the notice below by clicking on the link.
READ: Court Authorized Notice of Lawsuit
Fernandez v. Quarry Tile Marble and Granite, Inc. et al
Docket No: 16-CV-7955 (JPO)
United States District Judge Paul Oetken ordered the conditional collective certification of a collective action against Quarry Tile Marble and Granite, Inc., and Quarry Kitchen & Bath, Inc., under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to current or former non-managerial hourly employees who worked for the Defendants in or out of its fabricating facility located in Queens, NY between the period of October 11, 2013 to the present day.
If you are currently or were formerly employed by Quarry Tile Marble and Granite, Inc., and Quarry Kitchen & Bath, Inc., as a non-managerial hourly employee and would like to join the collective action, please review the notices below by clicking on the link.
READ: Court Authorized Notice of Lawsuit
Yazer, et. al., v. SSN Hotel Management, LLC., d/b/a RED ROOF INN., et al Docket No: 16-CV-1679 (CBA) (VMS)
United States Magistrate Judge Vera M. Scanlon ordered the conditional collective certification of a collective action against SSN Hotel Management, LLC. d/b/a RED ROOF INN., and Shari Hari New York, LLC d/b/a RED ROOF INN., under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to current or former non-managerial hourly employees who performed any work for the hotel between the period of July 31, 2014 to the present day.
If you are currently or were formerly employed by SSN Hotel Management, LLC. d/b/a RED ROOF INN., or Shari Hari New York, LLC d/b/a RED ROOF INN., as a non-managerial hourly employee and would like to join the collective action, please review the notices below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Yushwant Roopnarine, et al. v. Modell Collateral Loans, Inc., et al.Docket No: 16-cv-5822 (CBA) (ST)
On July 19, 2016, United States District Magistrate Judge Steven Tiscione ordered the conditional certification of an FLSA collective action against Modell Collateral Loans, Inc., Eric Modell, and Gerald Modell for non-payment of overtime. The Court has authorized that a collective action notice be sent to current and former employees who worked as porters and performed any work for Defendants between the period of October 18, 2012 to the present.
If you were employed by Modell Collateral Loans, Inc., Eric Modell or Gerald Modell in the capacity of a porter and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Damien Vasquez, et al. v., Pine Management, Inc., et al.
Docket No: 16-cv-9714 (WHP)
United States District Judge William H. Pauley III for the Southern District of New York has conditionally certified an FLSA collective action against Pine Management, Inc., Tom, Daniel, and/or Jason Rohlman for allegedly not compensating employees at an overtime rate for hours worked over 40 in a week. The Court has authorized that a collective action notice be sent to anyone employed in a similar position as lead plaintiff, Damian Vasquez, between December 16, 2013 and the present.
If you were employed by Pine Management, Inc., Tom, Daniel, and/or Jason Rohlman between the period of December 16, 2013 through the present date, and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Guzman, et al. v. Bullfrog Pest Management, Inc., et al.
Docket No: 16-cv-2089 (DRH) (ARL)
On May 10, 2017, Magistrate Judge Arlene R. Lindsay ordered the conditional certification of an FLSA collective action against Bullfrog Pest Management, Inc., d/b/a AA quality Pest Control. The complaint alleges that the company failed to compensate employees who worked as exterminators at the appropriate overtime rate. The Court has authorized that the collective action notice be sent to anyone employed by the defendants as a exterminator from April 27, 2013 to the present date.
If you were employed by Bullfrog Pest Management, Inc., d/b/a AA quality Pest Control as an exterminator and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Espinal v. Victor’s Cafe 52nd Street, Inc. et al.
Docket No: 16-8057 (VEC)
The Firm wins Motion to Conditionally Certify a Collective Action against Victor’s Café 52nd Street, Inc. On April 10, 2017, The Honorable Judge Valerie Caproni approved the conditional certification of an FLSA collective action against Victor’s Café 52nd Street, Inc. The complaint alleges that the company failed to pay Plaintiff and several other employees minimum wage and an overtime rate for any hours over 40 per week. The Court has authorized that the collective action notice be sent to anyone employed as a busser by the defendants from October 14, 2013 to the present date.
If you were employed by Victor’s Café and would like additional information concerning this collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Shari Tepperman, et al. v. J & S Kidswear, Inc., d/b/a Denny’s Childrenswear
Docket No: 15-CV-7113 (GRB)
On April 25, 2017, Magistrate Judge Gary R. Brown ordered the conditional certification of an FLSA collective action of employees hired as “Store Managers” against J & S Kidswear, Inc., d/b/a Denny’s Childrenswear for allegedly failing to pay overtime. The Court has authorized that a collective action notice be sent to anyone employed as a Manager by the company from December 14, 2012 to the present.
If you were employed by J & S Kidswear, Inc., d/b/a Denny’s Childrenswear as a Store Manager and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Firm wins Motion to Conditionally Certify a Collective Action against Victor’s Café 52nd Street, Inc.
On April 10, 2017, The Honorable Judge Valerie Caproni approved the conditional certification of an FLSA collective action against Victor’s Café 52nd Street, Inc., Sonia Zalvivar and Christian Betere. The complaint alleges that the company failed to Plaintiff and several other of its employees minimum wage and at an overtime rate for many of their hours over 40 per week. The Court has authorized that the collective action notice be sent to anyone employed as a busser by the defendants from October 14, 2013 to the present date. If you or anyone you know worked for Victor’s Café 52nd Street, Inc., you may be part of this case.
Guzman v. Atlantic Building & Construction Corp. et al Docket No: 16-CV-4121 (AMD) (PK)
On February 23, 2017, Magistrate Judge Peggy Kuo granted the approval the conditional certification of an FLSA collective action against Atlantic Building & Construction Corp., and Anthony Nolan. The complaint alleges that the company failed to pay its employees at an overtime rate for any hours over 40 per week. The Court has authorized that the collective action notice be distributed to all non-administrative/clerical non-managerial workers employed by the defendants from July 25, 2010 to the present date.
If you were employed by Atlantic Building & Construction Corp., and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Davis et al v. Uptown Communications & Electric, Inc. et al. Docket No: 16-CV-03990 (NGG) (LB)
On December 23, 2016, United States Magistrate Judge Lois Bloom approved the conditional certification of an FLSA collective action against Uptown Communications & Electric, Inc., Jonathan Smokler, and Daniel Greenberg. The complaint alleges that the company failed to pay technicians an overtime rate for any hours over 40 per week and failed to provide proper wage statements. The Court has authorized that the collective action notice be sent to anyone employed by the defendants as a cable installer/technician from June 18, 2013 to the present date.
If you were employed by Uptown Communications & Electric, Inc., and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Dawn Jones, et al., v. Strategic Financial Solutions, L,L,C., et al., Docket No: 16-cv-4617 (LTS)
On December 13, United States Magistrate Judge Laura Taylor Swain ordered the conditional certification of an FLSA collective action against Strategic Financial Solutions, L,L,C., Pioneer Law Firm, P.C., d/b/a The Law Offices of John Dougherty and Associates, and Timberline Capital Ventures, Inc., for non-payment of overtime and failing to furnish employees with wage statements on each payday. The Court has authorized that a collective action notice be sent to anyone employed as a “negotiator” or other positions with similar duties but different titles between the period of June 17, 2013 to the present.
If you were employed by Pioneer Law Firm, P.C., d/b/a The Law Offices of John Dougherty and Associates, Strategic Financial Solutions, L.L.C., and Timberline Capital Ventures, Inc., in the capacity of a negotiator or other positions with similar duties but different titles and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Persaud and Benices Infante, et al. v. Tri-MedCare Services, Inc., and Vinod Sinha. Docket No: 15-cv-4341 (SJF)(ARL)
United States Magistrate Judge Lindsay has approved the conditional certification of an FLSA collective action against Tri-Med Home Care Services, Inc., and Vinod Sinha for non-payment of overtime. The Court has authorized that a collective action notice be sent to anyone employed in a non-managerial capacity by the defendants from July 24, 2012 to the present.
If you were employed by Tri-Med Home Care Services, Inc., as a non-managerial employee and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Mejia & Garcia, et al., v. Blue Bay Enterprises, LLC, and Michael Krikorian Docket No: 16-CV-00678 (FLW)(LHG)
On November 4, 2016, United States District Judge Brian Martinotti approved the conditional certification of an FLSA collective action against Blue Bay Enterprises, LLC, and Michael Krikorian. The complaint alleges that the company failed to pay its kitchen staff workers an overtime rate for any hours over 40 per week. The Court has authorized that the collective action notice be sent to anyone employed in a non-managerial capacity by the defendants from February 8, 2013 to the present date.
If you were employed by Blue Bay Enterprises and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Greco, et al. v. Allen Natow, M.D., Irene Rosenberg, M.D., & Ira Pion, M.D., P.C., et al. Docket No: 14-CV-4222 (SJF) (AYS)
On October 26, 2016, Magistrate Judge Anne Y. Shields of the Eastern District of New York ordered the conditional certification of a FLSA collection action against Allen Natow, M.D., Irene Elaine Rosenberg, M.D., Ira Arthur Pion, M.D., and their practice, Allen Natow, M.D., Irene Rosenberg M.D. & Ira Pion M.D., P.C. On July 9, 2014, Plaintiff, Dorothy Greco, on behalf of herself and all others similarly-situated, filed a complaint against the defendants alleging that she was not paid overtime wages for all hours worked in excess of forty per week. The Court has authorized that a collective action notice be sent to anyone employed by the defendants as an hourly employee from July 9, 2010 to the present. Please click on the link below to review the notice.
Read: Court Authorized Notice of Lawsuit
Kenroy Williams, et al., v. Fairfield Family Care, L.L.C., Docket No: 16-CV-3903 (VB)
On October 21, 2016 United States District Vincent Briccetti ordered the conditional collective certification of a collective action against Fairfield Family Care L.L.C, Fairfield Family Care Holdings, LLC and Gary Ferone under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to individuals who are or were employed by the Defendants as caregivers in New York from May 25, 2013 to the present day.
If you are or were employed by Fairfield Family Care, L.L.C., or Fairfield Family Care Holdings, L.L.C., in New York as a caregiver and would like to join the collective action, please review the notices below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Nilvio Rodriguez v. Next Cleaners, L.L.C., Zack Saifi, Ivan Annanchenko, and Kam Saifi
Civil Action No: 2:13-cv-05269
On October 25, 2016, United States District Judge approved the conditional certification of an FLSA collective action against Next Cleaners, L.L.C., Zack Saifi, Ivan Annanchenko, and Kam Saifi for non-payment of overtime. The Court has authorized that a collective action notice be sent to anyone employed as a delivery driver by the defendants from September 3, 2010 to the present.
If you were employed by Next Cleaners, L.L.C., in the capacity of a delivery driver and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Seddiq Elamrani, et al. v. Henry Limousine, LTD, et al.,
Docket No: 15-CV-2050 (ERK)(MDG)
On October 4, 2016, Judge Marilyn Go ordered the conditional certification of an FLSA collective action against Henry Limousine, LTD., and Avraham Mazouz for unpaid minimum wage and overtime violations. Henry Limousine offers taxi and limousine car services to its clients. The Court has authorized that a collective action notice be sent to anyone employed as driver by the company from April 13, 2012 to the present.
If you were employed by Henry Limousine as a driver and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
Oscar Munoz, et al., v. Magan Food Enterprises, Inc., d/b/a HUBBA’S, et al.,
Docket No: 16-CV-3143 (VB)
On October 5, 2016, The Honorable Judge Vincent Briccetti approved the conditional certification of an FLSA collective action against Magan Food Enterprises, Inc., d/b/a HUBBA’s and its owner Carlos Magan. The complaint alleges that the company failed to pay its employees at an overtime rate for any hours over 40 per week. The Court has authorized that the collective action notice be sent to anyone employed in a non-managerial capacity by the defendants from April 27, 2013 to the present date.
If you were employed by Magan Food Enterprises also known as HUBBA’S and would like to join the collective action, please review the notice below by clicking on the link.
September 2, 2016
Mhamed Ata, et al. v. Saint George Limousine, L.L.C., et al. Docket No: 16-cv-0563 (JBW)(LB)
United States Magistrate Judge Lois Bloom granted conditional certification of a collective action against Saint George Limousine, L.L.C., St. George Treats, Inc., Rammon Kamal, individually, and Helen Askari individually, for allegations of failing to compensate its drivers time-and-a-half for any hours over forty (40). Defendants Kamal and Askari owned and operated Saint George Limousine LLC and St. George Treats, Inc., which function as private limousine companies that drive its customers between New York, New Jersey, Massachusetts, Pennsylvania, and Washington, D.C.
If you work or have worked for Saint George Limousine or St. George Treats, Inc., as driver from February 3, 2013 to the present and would like to join, please review the notices below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
July 1, 2016
Genaro M. Aguilar v. Trolio Landscaping, Inc., and Frank Trolio, Docket No: 16-CV-2230
On June 27, 2016, Judge Cathy Seibel ordered the conditional certification of an FLSA collective action against Trolio Landscaping, Inc., and Frank Trolio for non-payment of overtime and failing to furnish employees with wage statements on each payday. The Court has authorized that a collective action notice be sent to anyone employed as a landscaper by the defendants from March 28, 2013 to the present.
If you were employed by Trolio Landscaping, Inc. and/or Frank Trolio in the capacity of a landscaper and would like to join the collective action, please review the notice below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
June 28, 2016
Amador v. CILS, LTD, et al., Docket No: 16-CV-1733 (VB)
On June 15, 2016, Judge Vincent L. Briccetti ordered the conditional certification of an FLSA collective action against CILS, LTD d/b/a Club International Limousine, and Dennis Pettrucci for unpaid minimum wage and overtime violations. Club Limousine offers airport transportation services to its clients. The Court has authorized that a collective action notice be sent to anyone employed as driver by the company from May 7, 2013 to the present.
If you were employed by Club International Limousine Inc. as a driver and would like to join the collective action, please review the notices below by clicking on the link.
Read: Court Authorized Notice of Lawsuit
June 22, 2016
Wilson et al v. ETS Services, Inc. et al., Docket No: 15-cv-2994 (WFK)(RLM)
On June 1, 2016, Chief Magistrate Judge Roanne L. Mann ordered the conditional certification of an FLSA collective action against ETS Services, Inc., and Louison & Pancham Transportation Corp., and Allied Airport Shuttle Service, Inc., for unpaid minimum wage violations. All three entities operate as a single enterprise that offers ground transportation services that shuttle passengers to and from Newark Liberty Airport, LaGuuarida Airport, and John F. Kennedy International Airport. The Court has authorized that a collective action notice be sent to anyone employed as a driver by any of these three companies from May 21, 2012 to the present.
If you were employed by ETS Services, Inc., Louison & Pancham Transportation Corp., or Allied Airport Shuttle Service, Inc. in the capacity of a driver and would like to join the collective action, please review the notice below by clicking on the link
Read: Desicion Regarding Summary Judgment
May 13, 2016
Love et al v. Premier Utility Services, LLC et al., Docket No: 15-5698 (ADS) (ARL)
On May 13, 2016 United States District Judge Arthur D. Spatt denied the Defendants’ Motion for Summary Judgment against Plaintiffs Aubrey Love, Paul Dunham, and Andrew Nelson.
Read: Desicion Regarding Summary Judgment
April 13, 2016
Alvarez v. Pronto Pizza & Grill, Inc., Docket No: 15-CV-8277 (JMF)
On March 31, 2016 United States District Judge Jesse M. Furman ordered the conditional collective certification of a collective action under the Fair Labor Standards Act against Pronto Pizza & Grill, Inc., which operates as a pizzeria in Manhattan for allegedly failing to pay proper wages to their employees. The Court has authorized that a collective action notice be sent to all of the current and former non-managerial employees who were employed by the Defendant from October 21, 2012 to the present.
If you were employed by Pronto Pizza & Grill in Manhattan in a non-managerial capacity and would like to join the collective action, please review the notices below by clicking on the link.
Court Authorized Notice (English)
Court Authorized Notice (Spanish)
Lopez v. Overtime 1st Avenue Corp., d/b/a Prime One 16, Docket No: 15-CV-820 (RJS)
On September 14, 2015 District Judge Richard Sullivan granted conditional certification of a FLSA collective action against Overtime 1st Avenue Corp., better known as Prime One 16, which operates as a restaurant in East Harlem New York. The Court has authorized that a collective action notice be sent to all of the current and former bartenders, servers, waiters, and/or busboys who were employed by the Defendants from February 4, 2012 to the present.
Court Authorized Notice (English)
Court Authorized Notice (Spanish)
Firm wins Motion to Conditionally Certify a Collective Action against Planet Wings for Non-Payment of Overtime
As some of our readers are aware, in September 2015 the Firm filed a Collective Action against Demco of Riverdale better known as Planet Wings in the United States District Court, Southern District of New York for their violation of the Fair Labor Standards Act. Click here to read more on the complaint allegations, https://www.employmentlawyernewyork.com/news/latest/eder-david-benitez-v-demco-of-riverdale-llc-et-al.html
On June 16, 2015, District Judge Colleen McMahon issued an Order granting the Plaintiffs’ motion to conditionally certify a collective action against all Planet Wings owned and operated by the Defendants. Click here to read the order. The Court has directed that any and all current/former employees of the Defendants’ Planet Wings establishments may opt into the collective action. If you or someone you know worked at a Planet Wings and worked over 40 hours per week, but was not paid not at an overtime rate, please call our office to discuss the possibility of entering the case.
[READ THE ORDER]Firm Secures Trial Verdict
Erica Diggs v. Oscar De la Renta, et al., Index No: 016175/2012
In the summer of 2012, Plaintiff, Erica Diggs, filed a complaint against Oscar De la Renta and several of its employees. In the complaint, Plaintiff, who is an African American female, alleged that throughout her employment with Oscar De la Renta she was discriminated against on the basis of her race by being subjected to a hostile work environment and retaliated against for complaining about the hostile work environment. During Plaintiff’s brief tenure with Oscar De la Renta, she was referred to as a “n***er” by co-workers. After launching a complaint to management about the hostile work environment her employment was abruptly and immediately terminated.
Order issued granting Motion to Certify a Class against 1800FIX.com
Garcia, et al., v. 1800FIX.COM , et al., Docket No: 14-CV-2845 RMB
Southern District Judge Richard M. Berman issued an order certifying a class of Plaintiffs against a technical support company, 1800FIX.com. The Order states that the case met the criteria for conditional certification of an FLSA collective action. Further, the Court authorized and directed the use of a Class Notice and Consent Form to be sent to all potential collective class action members. Click here to read the Order.
Illegal Tipping Practices case
Shaunta Dove, et al., on behalf of herself and all other similarly situated, v. Apple-Metro, Inc., et al., Docket No: 13-CV-1417 (ENV) (CLP)
On July 29, 2014 United States Magistrate Judge Cheryl L. Pollak issued an order conditionally certifying a collective action against 36 Applebee’s Restaurant located throughout Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Westchester and Rockland County. The Court found that plaintiffs met their burden of showing that tipped hourly employees at 36 Applebee’s restaurants, owned and operated by Apple Metro, could have been subjected to illegal tipping practices. The Court has ordered (1) that a collective action consisting of all tipped hourly employees at Apple Metro’s 36 Applebee’s restaurants, including servers, hosts, hostesses and bartenders, be conditionally certified and (2) that the defendants post notice of this lawsuit in areas of its restaurants to notify employees of their ability to join the collective action. If you or anyone you know have any information regarding this matter, feel free to contact us to discuss. Click here to read decision.
Unpaid Overtime Case
Carlos Marin, et al., on behalf of himself and all other similarly situated, v. Apple-Metro, Inc., et al., Docket No: 12-CV-5274 (ENV) (CLP)
United States Magistrate Judge Cheryl L. Pollak issued an order on July 29, 2014 conditionally certifying a collective action against 36 Applebee’s Restaurants located throughout Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Westchester and Rockland County. The Court found that plaintiffs met their burden of showing that non-managerial employees at 36 Applebee’s restaurants, owned and operated by Apple Metro, could have been subjected to unpaid overtime. The Court has ordered (1) that a collective action consisting of non-managerial employees at Apple Metro’s 36 area restaurants, including servers, hosts, cooks, bartenders, expediters, runners, dishwashers, and maintenance workers, be conditionally certified and (2) that the defendants post notice of this lawsuit in areas of its restaurants to notify employees of their ability to join the collective action. If you have any information regarding this matter, feel free to contact us to discuss. Click here to read decision.
Disability Discrimination and Retaliation Case
Manuel Pacheco v. Tryax Realty Management, Inc., et al., Index No: 300341/11
On May 22, 2014 Justice Kenneth L. Thompson, Jr., of the Bronx County Supreme Court issued a Decision/Order denying the Defendants’ motion for summary judgment. The Firm anticipates moving forward with a trial on the Plaintiff’s behalf in early 2015. Click here to view the Decision/Order.
Justice Andrew G. Tarantino, JR., of the Supreme Court of the State of New York, County of Suffolk, issued an Order on June 24, 2014, denying the Defendants’ motion to dismiss for failure to serve a Notice of Claim on or before the commencement of an action under section 2(b) of the Labor Law § 215. This is a novel issue of law on which no New York appellate court – state of federal – has opined. Click here to read order.
Yavon Martin and Elizabeth Martinez v. J.C. Penney Corporation, Inc., et al.
Docket No: 13-cv-1985 (JBW) (LB)
Civil Rights Violation Case
The Firm is scheduled to begin trial in November 2014 before the Honorable Judge Jack B. Weinstein of the Southern District of New York after surviving Summary Judgment. Click the link to review Memorandum and Order issued by Judge Jack B. Weinstein. This is a case where two plaintiffs were racially profiled while shopping at J.C. Penney. This is a hot topic of discussion right now and is apparently happening in many department stores. See: https://www.usnews.com/news/articles/2013/10/25/should-jay-z-dump-barneys-new-york-after-racial-profiling-allegations and https://www.nydailynews.com/new-york/bill-rights-protect-black-shoppers-racial-profiling-article-1.1542257.
Judge Orders Conditional Certification for Employees of Prominent New York City Mexican Restaurant and Owners
April 9, 2014 – New York, NY – United States District Court Judge Alvin K. Hellerstein granted conditional certification in the matter of Carlos Castillo, et al. v. El Tequilazo Corp., Abelardo Longas, an individual, Lazaro Navarro, an individual, Fernando Navarro, an individual and Juan Navarro, an individual. The Judge ordered, inter alia, that the Defendants turn over contact information for all individuals who worked at this restaurant from April 20, 2009 to the present. The Judge also ordered that notices be mailed to all prospective class members. Potential class members are all those individuals who worked for the Defendants who were not paid proper wages for overtime and/or minimum wage in accordance with the law. Contact Borrelli & Associates, P.L.L.C. for more information. [VIEW ORDER]
Manhattan U.S. Attorney announces $1.7 million settlement with Testquest, $2.3 million judgment against former Testquest manager, and filing of criminal and civil charges against public school teacher in connection with scheme to defraud Federal Government into paying for tutoring services that were never provided – READ AUGUST 2013 ANNOUNEMENT
Firm Successfully Gains Dismissal of Five Million Dollar Defamation Claim Premised on Statements Made to the Media
Koch v. Blit, Index No. 114067/2011, Madden, J.
In Koch, the Firm represented Defendant Mathew Blit, an attorney being sued by a Koch, defendant in a lawsuit previously filed by Blit on behalf of one of his clients, Ashley Chontos. Koch claimed that Blit filed a lawsuit on behalf Chontos that contained knowingly false statements about Koch in an attempt to wrongfully extract money from him and published the same statements contained within the Chontos complaint to the New York Post. Koch sued for $5 million in damages. The firm filed a motion to dismiss and engaged in oral argument defending the case on the grounds of privilege under New York Civil Rights Law Section 74. The Court agreed with the firm and dismissed the $5 million claim before any discovery had commenced and denied Koch the right to amend and re-file the action. Michael J. Borrelli handled the case for our firm.
September 2012
Firm prevails on Summary Judgment in Discrimination and Intentional Infliction of Emotional Distress claims in Sexual Harassment case vs. Starbucks
Alfano v. Starbucks
Defendants, including Starbucks, moved for summary judgment on Alfano’s claims for retaliatory discharge and refusal to promote. Alfano sought monetary damages based on defendants’ alleged repeated violations of the New York state’s Human Rights Law. She alleged five causes of action including retaliation and wrongful termination. Defendants argued Alfano’s termination was due to her lateness, referring to corrective action forms reflecting that she was marked late. The court noted several issues of fact existed regarding the casual connection between Alfano’s termination. It stated while defendants articulated a nondiscriminatory reason for termination, including arriving late and being rude to customers, Alfano raised issues of fact as to whether the articulated reasons were pretextual. The court thus allowed Alfano’s claims to proceed. She also raise an issue of fact concerning the casual connection between defendants’ failure to promote her and her alleged complaints of sexual harassment. Thus, summary judgment was denied.
June 2012
Firm Prevails at Trial in Proving That the New York City Housing Authority Violated Employee’s First Amendment Rights
Dingle v. New York City Housing Authority and Demetrice Gadson, 10-CV-00004, United States District Court, Southern District of New York
After a long nine (9) day trial before the Honorable Shira A. Scheindlin, a jury concluded that Demetrice Gadson, Plaintiff’s supervisor at the New York City Housing Authority, violated the Plaintiff’s civil rights by filing frivolous disciplinary charges against him in retaliation for Plaintiff’s speech related to issues of public concern affecting the workplace. Firm attorneys Bennitta Joseph and Alexander Coleman successfully tried the case for the Plaintiff.
December 2011
Firm Successfully Gains Dismissal of Million Dollar Defamation Claim Premised on Internet Liability
Fox et al. v. Albanese et al., Index No. 108169/2010, Solomon, J.
In Fox, the Firm represented LAR Enterprises, a concert production company being sued by one of its competitors, Fox Entertainment Company. Fox claimed that LAR posted a series of defamatory comments on its website and sued for $1 million in damages. We filed a motion to dismiss arguing that federal law shielded our client from liability for statements posted on the website attributed to third parties, and that alternatively, in any event, the statements could not be considered defamatory. The Court agreed with us and dismissed the $1 million claim before any discovery had commenced. Alexander Coleman handled the case for our firm.
March 2011
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