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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Sep 22, 1994

Hess v. B & B Plastics Division of Metal Cladding, Inc.

Plaintiff Carolyn K. Hess sued her former employer B & B Plastics and her union (Local 686 and UAW) for sex discrimination under the New York State Human Rights Law. She alleged discriminatory firing by B & B Plastics and discriminatory refusal by the union to pursue her grievance. The union defendants removed the case to federal court, asserting that Hess's claim against them constituted a breach of the duty of fair representation, which is preempted by the Labor Management Relations Act (LMRA). Hess moved to remand the case to state court, arguing her claims were independent state law actions. The court, citing precedent, found that Hess's state law claims against the union were completely preempted by Section 301 of the LMRA. Consequently, the plaintiff's motion to remand those claims to state court was denied, and the court retained supplemental jurisdiction over the state law claim against the employer.

Sex discriminationNew York State Human Rights LawLabor Management Relations ActLMRA Section 301Federal preemptionDuty of fair representationMotion to remandFederal question jurisdictionWell-pleaded complaint ruleCollective bargaining agreement
References
14
Case No. 12 Civ. 633
Regular Panel Decision
Sep 28, 2012

Hamadou v. Hess Corp.

Plaintiffs Diallo Hamadou, Muhammad Shahjahan, and Frank Asiedu filed a lawsuit against Hess Corporation, Hess Mart, Inc., Mamadou Gueye, and Phillip Tous, alleging unpaid wages and overtime compensation violations under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Plaintiffs sought conditional certification of a collective action and an order for defendants to provide contact information for current and former hourly employees. Defendants opposed the certification and moved to strike class allegations concerning 'spread of hours' pay. The court granted in part the plaintiffs' motion, conditionally certifying a class limited to hourly employees in the Hess gas station territories encompassing the Queens and Bronx stations, finding a sufficient factual basis for unlawful timekeeping practices. The defendants' motion to strike class allegations regarding 'spread of hours' pay was denied as premature.

Wage and Hour DisputeFair Labor Standards ActNew York Labor LawOvertime CompensationUnpaid WagesCollective ActionConditional CertificationTimesheet AlterationOff-the-Clock WorkSpread of Hours Pay
References
44
Case No. 2025 NY Slip Op 02405
Regular Panel Decision
Apr 24, 2025

Joseph Chen, Inc. v. Romona Keveza Collection LLC

This case, Joseph Chen, Inc. v Romona Keveza Collection LLC, addresses the application of the Freelance Isn't Free Act (FIFA) in New York. Plaintiffs Joseph Chen Inc., a photographer's company, and Dina Kozlovska, a fashion model, sought compensation from Romona Keveza Collection LLC (RKC) for unpaid services. The initial Supreme Court order, which denied both parties' motions for summary judgment, was appealed. The Appellate Division clarified that Chen Inc. qualified as a freelance worker under FIFA, even when utilizing assistants, and Kozlovska's prior agency involvement did not negate her freelance status. Consequently, the court modified the lower court's decision, granting the plaintiffs' motion for summary judgment on liability against RKC, thereby affirming their rights under the Freelance Isn't Free Act.

Freelance Isn't Free ActIndependent ContractorSummary JudgmentAdministrative CodeUnpaid ServicesSingle-Person OrganizationAppellate DivisionLiabilityStatutory InterpretationFashion Industry
References
2
Case No. MISSING
Regular Panel Decision

Roberts v. New York City Office of Collective Bargaining

This case concerns an appeal regarding the New York City Fire Department's "zero tolerance" policy, which mandates automatic termination for EMS employees who fail or refuse drug tests. Unions representing these employees argued that this policy should be subject to mandatory collective bargaining. The New York City Board of Collective Bargaining and a lower court ruled against the unions, asserting that the policy falls under management's disciplinary rights. The appellate court affirmed this decision, holding that disciplinary actions for EMS personnel are the sole province of the Fire Commissioner under the New York City Charter, and that deterring illegal drug use by EMS workers is critical to public safety and the FDNY's core mission.

Public SafetyEmergency Medical Services (EMS)Drug Testing PolicyZero ToleranceCollective BargainingMandatory BargainingNew York City Fire Department (FDNY)Fire CommissionerDisciplinary AuthorityNew York City Charter
References
12
Case No. MISSING
Regular Panel Decision

Graff v. United Collection Bureau, Inc.

This memorandum and order addresses a class action lawsuit filed by Thomas Graff against United Collection Bureau, Inc. under the FDCPA. The parties sought final certification of a class action and approval of a cy pres settlement. The proposed settlement included payments to a public interest organization, the representative plaintiff, administration costs, and attorneys' fees. However, one class member objected to various aspects, including the scope of the release and the class's geographic scope. The court ultimately denied final approval of the settlement, citing concerns with the broad release, the unexplained expansion of the class size without commensurate benefit, and the exclusive cy pres remedy, while upholding the magistrate judge's jurisdiction. The court also modified the class to be limited solely to the New York class.

Class Action SettlementFDCPA LitigationMagistrate Judge JurisdictionCy Pres RemedyDebt Collection PracticesRule 23(e) ReviewProcedural FairnessSubstantive FairnessScope of ReleaseClass Definition
References
48
Case No. ADJ8246477
Regular
Apr 03, 2014

FLAVIO SOLANO vs. HESS COLLECTION WINERY, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Flavio Solano's petition for reconsideration because it was not taken from a final order determining substantive rights or liabilities. The WCAB also denied applicant's petition for removal, adopting the administrative law judge's reasoning that substantial prejudice or irreparable harm was not demonstrated. Therefore, the petition for reconsideration was dismissed, and removal was denied.

Petition for ReconsiderationFinal OrderInterlocutory OrdersSubstantive RightLiabilityRemovalSubstantial PrejudiceIrreparable HarmAdministrative Law JudgeReport and Recommendation
References
9
Case No. 2022 NY Slip Op 04702
Regular Panel Decision
Jul 26, 2022

Chen v. Romona Keveza Collection LLC

This case involves cross-appeals concerning the application of the Freelance Isn't Free Act (FIFA) to a photography business (Joseph Chen Inc.) and a model (Dina Kozlovska) against Romona Keveza Collection LLC and related entities for alleged nonpayment. The Appellate Division, First Department, addressed whether Joseph Chen Inc. and Dina Kozlovska qualified as "freelance workers" under FIFA. The court modified a March 11, 2021 order by reinstating Kozlovska's claim against all defendants, finding that the lower court erred in dismissing it. It also reversed a June 30, 2021 order, granting RKC's motion to vacate a default judgment, citing public policy for deciding cases on the merits. Appeals regarding other orders and sanctions were dismissed as academic or nonappealable. The case highlights issues of first impression regarding FIFA, particularly concerning corporate entities and workers represented by agents.

Freelance Isn't Free ActFIFANonpaymentPhotography ServicesModeling ServicesIndependent ContractorDefault JudgmentDismissal of ClaimsAppellate ReviewStatutory Interpretation
References
11
Case No. 2025 NY Slip Op 25014
Regular Panel Decision
Jan 21, 2025

New York State Pub. Empl. Relations Bd. v. New York City Off. of Collective Bargaining

The New York State Public Employment Relations Board (PERB) initiated a special proceeding against the New York City Office of Collective Bargaining (OCB) and related boards. PERB alleged that OCB's ongoing implementation of its contract-bar rule, which restricts post-expiration-of-contract decertification, was not substantially equivalent to the state's Taylor Law. OCB moved to dismiss the petition as untimely. The Supreme Court, New York County, denied the motion to dismiss PERB's declaratory judgment claim, finding it either a continuing violation or subject to a six-year statute of limitations that was not yet expired. However, the court dismissed PERB's accompanying Article 78 cause of action as untimely. Additionally, motions to intervene by several nonparties were denied, but their requests to appear as amici curiae were granted.

Public Employment Relations BoardCollective BargainingTaylor LawCivil Service LawDeclaratory JudgmentStatute of LimitationsContinuing Violation DoctrineContract Bar RuleDecertification PetitionNew York City Office of Collective Bargaining
References
37
Case No. MISSING
Regular Panel Decision

Levitt v. Board of Collective Bargaining

The City of New York promulgated Personnel Policy and Procedure Bulletin number 401-86, requiring city employees to disclose and repay debts as a condition for appointment or promotion. Three unions challenged this policy before the Board of Collective Bargaining, asserting it constituted an improper labor practice as it unilaterally changed terms of employment without collective bargaining. The Board sided with the unions, ruling the city had acted improperly. The City then petitioned the court to set aside the Board's determination. The court granted the City's petition, finding the Board's decision unreasonable and arbitrary, concluding that the policy concerned management's fundamental right to set employee qualifications and maintain integrity, and was therefore exempt from mandatory collective bargaining. The court also critiqued the Board's balancing test regarding employee privacy rights.

Improper Labor PracticeCollective BargainingManagerial PrerogativeDebt CollectionEmployee QualificationsPublic EmployeesPrivacy RightsAdministrative CodeJudicial ReviewPERB
References
17
Case No. MISSING
Regular Panel Decision

In re the Arbitration of Controversies between Central Aviation & Marine Corp. & International Union, United Automobile, Aerospace & Agricultural Implement Workers

This case concerns a motion by a Union to compel arbitration based on an alleged collective bargaining agreement dated August 8, 1962. The Employer opposes arbitration, contending no valid contract was formed. Affidavits from both sides presented conflicting accounts of negotiation authority and intent, particularly regarding John F. Riley's power to bind the Employer. The National Labor Relations Board had previously found the August 8, 1962 document to be a collective bargaining contract for bar purposes in a separate decertification hearing. However, the District Court, finding the N.L.R.B. order not res judicata and based on the parties' conduct post-August 8, 1962, concluded that no collective bargaining agreement was entered into. Consequently, the Union's motion was denied and the Employer's cross-petition dismissed.

ArbitrationCollective Bargaining AgreementContract ValidityLabor UnionEmployer-Employee RelationsNational Labor Relations Board (NLRB)NLRB OrderDecertification PetitionAuthority to ContractGood Faith Bargaining
References
3
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