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COVID-19 Employment Law
October 2017
Webinar – Alexander T. Coleman
For those of you who missed the webinar Wednesday October 25, 2017, on Introduction to Employment Discrimination and Wage & Hour Law, a recording with closed caption is now available.
Click here to listen.
July, 2017
The United States of America v. Narco Freedom et al., Docket No: 12-cv-3674 (JGK)
FIRM SUCCESFULLY RECOVERS COMPENSATION FOR WHISTLEBLOWERS WHO REPORTED VIOLATIONS OF THE FALSE CLAIMS ACT
In this matter, the Firm successfully aided a group of whistleblowers in reporting widespread fraud and corruption to the United States District Attorney leading to the government recouping $50.5M from Narco Freedom for violations of the False Claims Act. As alleged in the complaint, Narco Freedom, which operates as a substance abuse treatment center within the City of New York submitted false claims to the government for services that they did not perform in spite of receiving compensation for those services. The Firm represented a group of seven whistle-blowers in bringing the fraud allegations to the government for prosecution. To read more, please click on the PDF link below which features an article written by John Herzfeld in the BNA’s Health Care Report from Bloomberg Law.
Click here to read the Bloomberg Law Report.
June, 2017
Roger Levans v. Delta Airlines, Inc., Docket No: 16-2964-cv. As some of our readers might recall, in October 2015 the Firm successfully obtained a $759,000.00 jury verdict against Delta Airlines after the company was found liable of negligence. Delta Airlines appealed the decision; however, after the Firm opposed the appeal on behalf of the Plaintiff, Roger Levans, the Judges of the United States Court of Appeals for the Second Circuit denied the appeal.
Please click here to read the order.
March, 2017
Stress, et al., v. 42nd Street Kitchen LLC et al., Docket No: 15-CV-3635 (AKH) Borrelli & Associates obtains judgments against 42nd Street Kitchen LLC known as KTCH, which operates as a popular restaurant, event space, and dance club located in New York’s OUT Hotel. The Firm obtained judgments on behalf of seven (7) former KTCH employees. The Plaintiffs alleged that they worked over forty hours per week, but we not paid at a time and half rate for any hours over forty per week.
November, 2016
Garcia et al v. 1800FIX.COM, et al., Docket No: 14-CV-2845 (RMB) (SN)
The Firm successfully obtains a judgment on behalf of five individual clients against 1800Fix Satellites, LLC and 1800Fix.com Distribution, LLC. United States District Judge Richard Berman of the Southern District of New York ordered that the Defendants pay a total of $552,547.51.
July 8, 2016
Felipe Miranda v. Tong Shen Trading Inc., Qin Lin, Judgment 15-CV-1506
The Firm secured a $342,500.00 Judgment against Tong Shen Trading, Inc., and Qin Lin in connection with the matter of Felipe Miranda v. Tong Shen Trading, Inc., and Qin Ln, Docket No: 15-CV-1506 (ST). The judgment calls for a payment to Plaintiff, Felipe Miranda, for $137,000.00 and payment to Plaintiff, Antonio Santos, for $205,500.00. Click here to view the Judgment.
September 28, 2015
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)
June 2, 2015
Out NYC Hotel Owners Hit With Discrimination Lawsuit (Advocate.com)
Managing Partner, Michael J. Borrelli, is featured in the June 2014 issue of The American Lawyer.
Firm Secures Trial Verdict in Sexual Harassment Case
Seubert v. Deluty, Index No. 5859/2010.
In a decision from New York State Supreme Court, Nassau County issued on September 30, 2013, after a bench trial, Justice Antonio I. Brandveen awarded the Plaintiff $85,000 in emotional distress damages; $15,000 in punitive damages and $3,216 in economic loss after finding that the Defendant, Dr. Warren Deluty subjected her to physical sexual harassment and then retaliated against her by firing her when she complained about it. Justice Brandveen also considered a claim of fraudulent conveyance based on the fact that after Plaintiff commenced this lawsuit, Dr. Deluty and his wife, Sheryl Deluty, transferred joint title of their marital home to Sheryl Deluty as a means of avoiding any judgment that might result from this case, issued the equitable relief of setting aside the fraudulent conveyance of the marital home and reverting title back to Dr. Deluty and his wife jointly, making that home an available asset to serve as a source of recovery. In addition, Justice Brandveen awarded the firm $150,637.50 in attorneys’ fees; $5,851.87 in costs and disbursement and finally, 9% interest on all awards. Alexander T. Coleman served as lead trial counsel and handled the litigation for the Firm jointly with the firm’s partner, Michael J. Borrelli.
October 2013
The Law Office of Borrelli & Associates, P.L.L.C. Secures Judgment in FLSA/ New York Labor Law Unpaid Overtime Case
Romero v. Bendell, et. al., 1:11-cv-00386, United States District Court, Southern District of New York
Plaintiff JAHAIRA ROMERO (“Plaintiff” or “Ms. Romero”), brought this action on behalf of herself and all others similarly situated by and through her attorneys, The Law Office of BORRELLI & ASSOCIATES, P.L.L.C. for damages and other legal and equitable relief from Defendants H.B. AUTOMOTIVE GROUP, INC., and HAROLD BENDELL, individually, collectively referred to as “Defendants”) for violations of the Fair Labor Standards Act, as amended, 29 U.S.C. §§ 201 et seq. (“FLSA”) and New York State Labor Law (“NYLL”) for Defendants’ willfully failing to compensate Ms. Romero and Class Plaintiffs their statutorily required overtime pay, as well as at any rate of pay in accordance with the Federal and State statutorily required minimum rate of pay per hour worked. Michael J. Borrelli handled the matter for the Firm.
February 2013
Firm Secures Judgment in FLSA/ New York Labor Law Unpaid Wage and Overtime Case
Lovos, Ricardo v. Equipsystems, LLC, Chris Wilkerson, an individual and Nelson Rojas, 12-CV-4772, United States District Court, Southern District of New York
Plaintiff RICARDO LOVOS (“Plaintiff” or “Mr. Lovos”), on behalf of himself and all others similarly situated (collectively as “Plaintiffs” or “Class Plaintiffs”), by and through his attorneys, The Law Office of BORRELLI & ASSOCIATES, P.L.L.C., brought this action for damages and other legal and equitable relief from Defendants EQUIPSYSTEMS, LLC (“Equipsys”), CHRIS WILKERSON (“Wilkerson”), individually, and NELSON ROJAS (“Rojas”), individually, (collectively referred to as “Defendants”) for violations of the Fair Labor Standards Act, as amended, 29 U.S.C. §§ 201 et seq. (“FLSA”); New York State Labor Law (“NYLL”); New York State Human Rights Law §§ 290 et seq. (“NYSHRL”); New York City Human Rights Law §§ 8-100 et. seq. (“NYCHRL”); and any other cause(s) of action that can be inferred from the facts set forth herein for Defendants’ willfully failing to compensate Mr. Lovos and Class Plaintiffs (1) for all hours worked, as defined by NYLL and the FLSA; (2) with overtime payments for all hours worked in excess of forty; and (3) with one hour of additional pay for each day in which over ten hours were worked. Shortly after filing the lawsuit, Plaintiff secured a judgment against the Defendants for the wages owed Mr. Lovos and for reimbursement of his attorney’s fees. Michael J. Borrelli and Jonathan Friedman handled the matter for the Firm.
December 2012
Firm Secures $310,000 Judgment on behalf of Fired CUNY Professor
Ying, Victoria v. City University of New York, New York College of Technology, Russell K. Hotzler, individually, and Pamela Brown, individually, United States District Court, Eastern District of New York
In a civil action based upon violations committed by Defendants of Plaintiff’s rights guaranteed by: (i) 42 USC § 1983 (vis-à-vis violations of the 14th Amendment pertaining to procedural due process); (ii) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991 (“Title VII”); (iii) the New York State Human Rights Law § 290 et seq. (“NYSHRL”); (iv) the New York City Human Rights Law § 8-107 et seq. (“NYCHRL”); (v) 42 U.S.C. Section 1983 (vis-à-vis violations of the First Amendment pertaining to the Rights to Free Speech) and (vi) any other cause(s) of action that can be inferred from the facts set forth herein, Firm secured a $310,000 judgment in Plaintiff’s favor. Michael J. Borrelli handled the matter for the Firm.
November 2012
Firm Settles Lawsuit on Behalf of Worker in Unpaid Wage/ Failure to Pay Overtime Case
Davis, Edward v. Boston Shipping, et al., 12-CV-3962(SLT), United States District Court, Eastern District of New York
The Plaintiff sued in a civil action for damages and other legal and equitable relief from the Defendants, BOSTON SHIPPING ENTERPRISE, INC., and HUGH BOSTON (collectively “Defendants”) for violations of the Fair Labor Standards Act, as amended, 29 U.S.C. §§ 201 et seq. (“FLSA”), the New York State Labor Law (“NYLL”)and the New York Code of Rules and Regulations (“N.Y.C.R.R.”) requiring overtime pay for employees; pay at the legally mandated minimum rate; and proper compensation for spread of hours. Immediately after filing a summons and complaint initiating the lawsuit, the Firm was able to negotiate a settlement in Plaintiff’s favor. Michael Borrelli handled the case for the firm.
July 2012
Firm Secures Jury Verdict Proving That the a New York City Housing Authority Supervisor 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 Settles Lawsuit on Behalf of Disabled New City Department of Education Employee for $250,000
Damante v. New York City Department of Education, et al., 10-CV-2594, United States District Court, Eastern District of New York
The Plaintiff sued in a civil action based upon the Defendants’ violations of: (i) the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”); (ii) the New York Executive Law § 290, et seq. under the New York State Human Rights Law (“NYSHRL”) and (iii) the New York City Human Rights Law § 8-107 et seq. (“NYCHRL”). Phyllis Damante, a disabled part time worker with the New York City Department of Education alleged that the Defendants, their agents, officers, servants and / or employees, engaged in unlawful conduct by discriminating and retaliating against her based on her disability in blatant violation of the ADA and all applicable state and local laws, by: (a) removing her, without justification, from the position where she had worked for eight (8) years, which was a position capable of accommodating Plaintiff’s disability; (b) failing to reasonably accommodate her by moving her to one (1) of the at least 12 existing positions that would have accommodated her disability, even after Plaintiff provided the Defendants with medical documentation indicating that Plaintiff’s new position was hazardous to her health and life; (c) retaliating against her for exercising her rights under the ADA and state and local laws by opposing Defendants’ acts of illegal discrimination; and (d) terminating her as being “unfit for duty” after she requested that a reasonable accommodation be provided to her. Ms. Damante alleged that she worked four (4) hours per day, earning a minimal hourly rate. Rapidly after filing a summons and complaint initiating the lawsuit, the Firm was able to negotiate a settlement in Ms. Damante’s favor. Michael Borrelli handled the case for the firm.
December 2010
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