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

Case No. E2012-01106-COA-R3-CV
Regular Panel Decision
Apr 11, 2013

Paul J. Frankenberg, III v. River City Resort, Inc.

Paul J. Frankenberg, III, a former corporate president and chief operating officer, sought a statutory lien on corporate property for alleged unpaid bonus and severance payments, citing Tennessee Code Annotated § 66-13-101. The Chancery Court dismissed his claim, determining that he did not qualify as an "employee" under the statute due to his managerial role, referencing the precedent set in State ex rel. McConnell v. People’s Bank & Trust Co. On appeal, the Court of Appeals affirmed the trial court's judgment. The appellate court reiterated that managing officers are excluded from the statutory definition of "employee" for the purpose of such liens, thus upholding the dismissal of Frankenberg's claim.

Statutory LienEmployee DefinitionCorporate OfficersUnpaid CompensationSeverance PaymentsBonus PaymentsAppellate ReviewJudgment on PleadingsStatutory ConstructionTennessee Law
References
16
Case No. MISSING
Regular Panel Decision

Chu Chung v. New Silver Palace Restaurant, Inc.

Plaintiffs, waiters at The New Silver Palace Restaurant in New York City's Chinatown, sued the restaurant and four of its principals for violations of the Fair Labor Standards Act (FLSA) and New York Labor Law. The core of the dispute revolved around the restaurant's practice of forcing waiters to pool and share their tips with management, known as 'black jackets'. The court determined that this tip-sharing arrangement was illegal and that the individual defendants, due to their ownership and managerial roles, qualified as 'employers' under the FLSA. Consequently, the court granted the plaintiffs' motion for partial summary judgment on the issue of liability, ruling that the restaurant was not entitled to the tip credit against minimum wage and that the individual defendants were liable for damages, with the exact amount to be determined later.

Fair Labor Standards ActTip CreditMinimum WageTip PoolingNew York Labor LawEmployer LiabilitySummary JudgmentEconomic Reality TestRestaurant IndustryLabor Dispute
References
15
Case No. 08-15-00383-CV
Regular Panel Decision
Feb 14, 2018

Heriberto Salas, Individually and D/B/A Iceland Refrigeration v. Total Air Services, LLC

This case involves an appeal concerning an employee's breach of fiduciary duty to an employer by operating a competing business while still employed. Heriberto Salas, working for Total Air Services, LLC, founded and ran Iceland Refrigeration, actively soliciting and securing projects that sometimes directly competed with Total Air. A jury found Salas liable for breach of fiduciary duty and awarded lost profits. The Court of Appeals affirmed the finding of liability, stating Salas owed a fiduciary duty due to his managerial role and competitive actions. However, the court found the evidence for some claimed lost profits insufficient and suggested a remittitur of $15,260.47. If the remittitur is accepted, the judgment will be modified and affirmed; otherwise, the case will be remanded for a new trial.

Employee BreachFiduciary DutyCompetitionEmployer-Employee RelationshipLost ProfitsRemittiturAt-Will EmployeeBusiness OpportunitiesTexas Court of AppealsJudicial Review
References
40
Case No. MISSING
Regular Panel Decision

Lamberson v. Six West Retail Acquisition, Inc.

Plaintiff Gregory Lamberson, a Caucasian male, sued his employer, Six West Retail Acquisition Inc., and individuals Sheldon Solow and Jeffery Jacobs, alleging racial discrimination and retaliation under Title VII and New York law. Lamberson claimed he was unlawfully discharged after complaining about the reassignment of an African-American employee, Derrick Caver, from a public-facing role due to his appearance. The defendants moved for summary judgment, arguing Lamberson was fired for poor managerial judgment. The court granted summary judgment on the race discrimination claims, finding Lamberson, as a Caucasian, was not a member of a protected class and failed to show a hostile work environment or infringement on his right to interracial association. However, the court denied summary judgment on the retaliation claims, ruling that Lamberson raised a triable issue as to whether his complaints about Caver's reassignment were protected activity and if there was a causal connection to his discharge. Consequently, retaliation claims against Six West, Solow, and Jacobs survive.

DiscriminationRetaliationTitle VIIRace DiscriminationEmployment LawUnlawful DischargeSummary JudgmentManagerial DutiesEmployee ReassignmentHostile Work Environment
References
43
Case No. MISSING
Regular Panel Decision

Nappa v. Secretary of the United States Department of Health & Human Services

Plaintiff Linda Nappa sought disability insurance benefits, alleging disability from a work-related back injury sustained in 1986. Her initial application was denied by the Secretary of Health and Human Services, a decision affirmed by an Administrative Law Judge (ALJ) and the Appeals Council. Nappa then brought this action in federal court for judicial review of the final determination. The central issue was whether her activities in a self-established business, J.I.G. Furniture, Inc., constituted "substantial gainful employment" and thus disqualified her from benefits under the Social Security Act. The court found her managerial role and the business's profits to be substantial gainful activity, overriding her claims of limited work hours and no salary. Furthermore, the court rejected her argument that her work period should be considered a "trial work period," as she had never been formally adjudged disabled prior to commencing her business activities. Consequently, the court upheld the Secretary's denial of disability benefits, granting the Secretary's motion for judgment on the pleadings.

Disability BenefitsSocial Security ActSubstantial Gainful ActivityTrial Work PeriodMedical ImpairmentSelf-EmploymentBack InjuryOrthopedic EvaluationAdministrative Law Judge DecisionAppeals Council Review
References
14
Case No. MISSING
Regular Panel Decision

Kahn v. Superior Chicken & Ribs, Inc.

The plaintiff, Yousuf Mohammad Kahn, initiated this action against his former employer, Superior Chicken & Ribs, Inc., alleging violations of the Fair Labor Standards Act and New York Labor Law concerning overtime pay. The court had previously dismissed claims related to meal periods and statutory contributions. The defendant subsequently filed for summary judgment on the outstanding overtime claims, contending that Kahn was exempt from overtime requirements as an executive or administrative employee. The court determined that Kahn satisfied both the 'salary basis' and 'duties' components of the exemption's short test, citing his application for a managerial position, prior work experience, sole on-site supervisory role, distinct uniform, and prior self-identification as a manager to medical professionals and in a bankruptcy filing. Consequently, the court granted the defendant's motion for summary judgment, thereby ruling that Kahn was indeed exempt from federal and state overtime pay regulations. The defendant's request for attorneys' fees was denied due to procedural non-compliance with Rule 11 and the absence of a bad faith finding under 28 U.S.C. § 1927.

FLSAOvertime PaySummary JudgmentExecutive ExemptionAdministrative ExemptionNew York Labor LawManagerial DutiesSalary Basis TestDuties TestEmployment Law
References
12
Case No. MISSING
Regular Panel Decision

Kastor v. Sam's Wholesale Club

Plaintiff William A. Kastor sued Sam’s Wholesale Club for unpaid overtime compensation under the Fair Labor Standards Act (FLSA). Kastor, a bakery department manager, argued he was not exempt from overtime requirements as he spent most of his time on non-managerial tasks. Sam's contended that Kastor was an executive or administrative employee, thus exempt under FLSA regulations. The court applied the FLSA 'short test' for executive exemption, finding Kastor's primary duty was management of the bakery department, despite his claims of time spent on non-managerial duties. The court considered the importance of his managerial tasks, his exercise of discretion, and his supervision of other employees. The court granted Sam’s Wholesale Club’s Motion for Summary Judgment, dismissing the action with prejudice, concluding that Kastor was an exempt executive employee.

overtime compensationFair Labor Standards ActFLSAexecutive exemptionadministrative exemptionsummary judgmentprimary dutymanagementbakery departmentwage and hour
References
10
Case No. C-5672, E-2429, C-5878
Regular Panel Decision

Buffalo United Charter School v. New York State Public Employment Relations Board

Petitioners, consisting of Buffalo United Charter School, Brooklyn Excelsior Charter School, and National Heritage Academies, Inc., initiated a CPLR article 78 proceeding to challenge and annul a February 14, 2011 decision by the New York Public Employment Relations Board (PERB). The PERB decision asserted jurisdiction over the charter schools, rejected National Labor Relations Act (NLRA) preemption claims, and determined that assistant principals were neither managerial nor confidential employees. Petitioners contended that PERB lacked jurisdiction due to its joint public-private employment doctrine, that the NLRA preempted PERB's authority, and that PERB erroneously found the assistant principals lacked managerial or confidential status. They also argued the PERB decision unconstitutionally impaired their contractual rights. The court largely upheld PERB's jurisdiction, ruling that the Charter Schools Act superseded PERB's joint public-private employment doctrine and denying the NLRA preemption claim. However, the court annulled PERB's determination regarding the managerial and confidential status of assistant principals at Brooklyn Excelsior Charter School, reinstating the Administrative Law Judge's original finding on that specific issue.

Charter SchoolsPublic Employment Relations Board (PERB)Taylor LawNational Labor Relations Act (NLRA)JurisdictionJoint Public-Private Employment DoctrineManagerial EmployeesConfidential EmployeesCollective BargainingCPLR Article 78
References
24
Case No. MISSING
Regular Panel Decision
Feb 11, 1986

Ribar v. County of Suffolk

The employer appealed a Workers’ Compensation Board decision finding dual and similar employment for a claimant. The claimant sustained neck and back injuries while working as an election inspector in Suffolk County, also holding full-time employment as a legal secretary/office manager. The Board concluded both roles were clerical, involving tallying, filing, and record keeping, thus constituting similar employment. The appellate court affirmed the Board’s decision, holding that there was substantial evidence in the record to support the Board's factual findings, and its role was not to re-evaluate the evidence but to ensure such support existed.

dual employmentsimilar employmentclerical dutieselection inspectorlegal secretaryworkers' compensationsubstantial evidenceappellate reviewfactual findingsemployment injury
References
4
Case No. S7 91 Cr. 451
Regular Panel Decision
Jul 28, 1993

United States v. Marquez

This Memorandum Opinion and Order details the findings for the sentencing of defendant Flora Marquez following a Fatico hearing. Marquez pleaded guilty to conspiracy to distribute and possess heroin. The hearing addressed disputes regarding the quantity of narcotics involved, her role in the offense, and claims of diminished capacity. The Court determined a Base Offense Level of 32, denied adjustments for her role or diminished capacity, and allowed only a two-point reduction for acceptance of responsibility. Consequently, Marquez's Total Offense Level was set at 30, with a Criminal History Category of I, leading to a sentencing guideline range of 97-121 months.

Criminal LawSentencing GuidelinesDrug ConspiracyHeroin DistributionCocaine DistributionFatico HearingRelevant ConductBase Offense LevelDiminished CapacityAcceptance of Responsibility
References
21
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