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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Jeong Woo Kim v. 511 E. 5th Street, LLC

Plaintiff Jeong Woo Kim, a sous chef at Goat Town, brought a putative collective action seeking unpaid minimum wages and overtime compensation under the FLSA and NYLL against his employer and its managing members. Kim alleged he regularly worked 70 hours per week on a fixed salary without receiving overtime. Defendants contended Kim was an independent contractor or an exempt executive. The court conditionally certified the collective action, but limited it to kitchen staff members, finding Kim made a sufficient factual showing of a common compensation policy that violated the law for this group. The motion was denied for non-kitchen staff due to differing pay structures. The court ordered the defendants to produce contact information for kitchen staff employed on or after November 7, 2009, and approved the posting of notices at the restaurant.

Collective ActionFLSANYLLUnpaid WagesOvertime CompensationMinimum WageSous ChefKitchen StaffConditional CertificationEmployment Law
References
28
Case No. 2019 NY Slip Op 02070 [170 AD3d 967]
Regular Panel Decision
Mar 20, 2019

Gomez v. Kitchen & Bath by Linda Burkhardt, Inc.

The plaintiff, a painter, sustained personal injuries when a defective A-frame ladder, provided by his supervisor, collapsed, causing him to fall. He commenced an action against the general contractor, Kitchen & Bath by Linda Burkhardt, Inc., alleging a violation of Labor Law § 240 (1). The Supreme Court granted the plaintiff's motion for summary judgment on liability, prompting the defendant's appeal. The Appellate Division affirmed the lower court's decision, finding that the plaintiff's deposition testimony established a prima facie case of a Labor Law § 240 (1) violation. Furthermore, the court determined that the hospital records submitted by the defendant to oppose summary judgment were inadmissible hearsay, as they were not attributed to the plaintiff and were not pertinent to his diagnosis or treatment.

Personal InjuryLadder AccidentLabor Law § 240(1)Summary JudgmentGeneral Contractor LiabilityDefective EquipmentHearsay EvidenceBusiness Records ExceptionAppellate ReviewWorker Safety
References
17
Case No. MISSING
Regular Panel Decision
Mar 02, 2016

Zaldivar v. JMJ Caterers, Inc.

The plaintiff, Orbin Zaldivar, a former dishwasher and food preparer, filed a wage and hour action against JMJ Caterers, Inc. d/b/a The Metropolitan, Michael Giamalvo, and Janender Narang, alleging violations of the FLSA and NYLL for unpaid overtime. Zaldivar claims the defendants used a 'two punch card' system to avoid paying overtime by recording regular hours on one card and overtime hours (paid in cash at the regular rate) on a second card. He moved for conditional certification of a collective action, asserting that other kitchen staff, servers, and busboys were subjected to the same unlawful policy. Despite defendants' opposition challenging the factual allegations and the scope of the class, the Court granted the motion for conditional certification, finding that the plaintiff made a modest factual showing of a common policy that violated the law and that other employees were similarly situated. The Court conditionally certified a class of all servers, busboys, and kitchen workers employed by The Metropolitan from December 28, 2012, to the present.

Overtime payFLSANYLLwage and hourcollective actionconditional certificationpunch card systemunpaid wagessimilarly situated employeesemployment law
References
71
Case No. ADJ6836483
Regular
Nov 16, 2009

ZACHARY STEPHENSON vs. ATHERTON APPLIANCE & KITCHENS, STATE COMPENSATION INSURANCE FUND

The Petition for Reconsideration is denied based on the WCJ's report, which is adopted and incorporated. The WCJ's credibility finding is given significant weight.

Petition for ReconsiderationWorkers' Compensation Appeals BoardInjury AOE-COECredibility of WitnessEmployee Report of InjuryAdmissibility of EvidenceDue ProcessWCJ ReportSubstantial EvidenceMechanism of Injury
References
1
Case No. MISSING
Regular Panel Decision
May 14, 2010

Chinese Staff & Worker's Ass'n v. Burden

This dissenting opinion challenges the majority's decision that the New York City Department of City Planning (DCP) complied with environmental review regulations (SEQRA and CEQR) during a rezoning project in Sunset Park, Brooklyn. Petitioners, including the Chinese Staff and Workers’ Association, argued that DCP's negative declaration, which stated no significant environmental impact, lacked a

Environmental ReviewSEQRACEQRZoningRezoningSunset Park BrooklynCommercial DevelopmentResidential DevelopmentNegative DeclarationEnvironmental Impact Statement
References
7
Case No. MISSING
Regular Panel Decision

Valle v. Gordon Chen's Kitchen LLC

The plaintiffs, Alejandro Valle and Edgar Cid, sued Gordon Chen’s Kitchen, LLC, Mac-War Restaurant Corporation, and Allan Wartski for unpaid wages under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The court found that the defendants failed to properly inform the employees about the tip credit, making them liable for unpaid minimum and overtime wages, and also for "spread of hours" pay under NYLL. While some claims regarding NYLL notices were denied, the court ruled that plaintiffs are entitled to judgment for the FLSA and NYLL violations, including liquidated damages for certain periods. The exact amount of damages is to be calculated by the parties.

Unpaid WagesFair Labor Standards ActNew York Labor LawTip CreditMinimum WageOvertime WagesSpread of Hours PayLabor DisputesWage and HourRestaurant Industry
References
33
Case No. ADJ8581601
Regular
Sep 24, 2014

MARTIN CERECER vs. HUXTABLES KITCHEN, INC., COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by Huxtables Kitchen, Inc. and Compwest Insurance Company. The WCAB adopted the reasoning of the workers' compensation administrative law judge's (WCJ) report. Additionally, the WCAB noted that the petitioners' representative, the Law Office of Robin Jacobs, had a pattern of failing to appear at lien hearings, which would not be tolerated.

ADJ8581601Petition for ReconsiderationWCJ ReportDenying ReconsiderationLaw Office of Robin JacobsLien HearingsPattern of ConductWorkers' Compensation Appeals BoardHuxtables KitchenCompwest Insurance Company
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Board of Higher Education & Professional Staff Congress/CUNY

This case addresses a petition to stay arbitration initiated by a petitioner against a respondent, representing Sandra Davis and Luis Rodriquez-Abad. The grievants, non-reappointed instructional staff at CUNY (Hunter College), sought arbitration alleging discrimination. The petitioner refused to process these grievances, citing a collective bargaining agreement clause (Section 20.7) that precludes arbitration for discrimination claims if a party has filed a claim in court or with a governmental agency. Sandra Davis had filed a Title VII lawsuit, and Luis Rodriquez-Abad had filed a complaint with the New York State Division of Human Rights. The court, referencing Alexander v. Gardner-Denver Co., ruled that while statutory rights cannot be prospectively waived, the contractual right to arbitration can be waived if a superior forum is chosen. Consequently, the court granted the petition to stay arbitration of the discrimination claim, allowing other claims to proceed to arbitration.

ArbitrationStay of ArbitrationCollective Bargaining AgreementDiscriminationNonreappointmentTenureGrievance ProcedureTitle VIICivil Rights ActExecutive Law
References
8
Case No. MISSING
Regular Panel Decision
Nov 22, 1993

Cleary, Gottlieb, Steen & Hamilton v. Legal Services Staff Ass'n

Plaintiff Cleary, Gottlieb, Steen & Hamilton, a law firm, sought a preliminary injunction against the Legal Services Staff Association (Local 2320), its president Scott M. Sommer, and Barbara Small, arising from a bitter labor dispute between the union and Legal Services for New York City (LSNY). The conflict escalated when union members engaged in disruptive activities, including a 1991 sit-in at Cleary Gottlieb's offices and, more recently, jamming the firm's fax machines with over 400 transmissions on November 17, 1993. The union also planned a disruptive 'Breakfast at Cleary Gottlieb' event. The court found that the defendants' conduct, including trespassing and disrupting business operations, was not protected by constitutional or labor rights. Consequently, the court granted the preliminary injunction, prohibiting the defendants from sending more than ten fax transmissions per day (each not exceeding five pages) to Cleary Gottlieb, and from trespassing on or physically occupying the firm's premises.

Preliminary InjunctionLabor DisputeFax Machine MisuseTrespassingUnion ActivityHarassmentInjunctive ReliefDisruptive ConductEmployer-Employee RelationsFederal Court
References
1
Case No. ADJ7308695
Regular
Apr 16, 2014

MARIA ZAMUDIO vs. STAFF CHEX, CARE WEST INSURANCE COMPANY, PEGASUS RISK MANAGEMENT

This case involves Maria Zamudio's workers' compensation claim against Staff Chex and its insurer. The Workers' Compensation Appeals Board (WCAB) issued an order dismissing Zamudio's petition for reconsideration. The dismissal was based on the petition being filed untimely, as detailed in the administrative law judge's report which the WCAB adopted. Therefore, Zamudio's reconsideration request was denied.

Petition for ReconsiderationUntimelyDismissedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationWorkers' CompensationStaff ChexCare West Insurance CompanyPegasus Risk Management
References
0
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