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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

Cromwell v. New York City Health & Hospitals Corp.

Plaintiff Jerome Cromwell sued the New York City Health and Hospitals Corporation (HHC) and its CEO, Alan D. Aviles, alleging unpaid wages for work performed before and after scheduled shifts and during breaks. Cromwell sought overtime and gap-time pay under both the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Defendants moved to dismiss the NYLL claims, asserting that HHC is a political subdivision of New York State and therefore exempt from NYLL wage provisions. The Court conducted a particularized inquiry into HHC's nature, considering its essential public function, substantial public funding, and classification as a public employer under other state and federal laws. Ultimately, the Court granted the defendants' motion, ruling that HHC is a political subdivision for NYLL purposes and dismissing Cromwell's NYLL claims with prejudice.

Wage disputeOvertime payGap-time payFair Labor Standards ActNew York Labor LawPolitical subdivisionPublic employerMotion to dismissGovernmental immunityPublic benefit corporation
References
25
Case No. MISSING
Regular Panel Decision

Carter v. Tuttnaeur U.S.A. Co.

The plaintiff John Carter sued Tuttnaeur U.S.A. Co., Ltd. for alleged unpaid overtime wages under the Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), and New York Labor Law (NYLL), claiming misclassification as an exempt employee. The FMLA claim was dismissed by stipulation. The defendant sought summary judgment, asserting the Motor Carrier Act (MCA) exemption applied to the FLSA and NYLL claims and that the unjust enrichment claim was duplicative. The court denied summary judgment for the defendant on the FLSA and NYLL overtime claims, ruling the MCA exemption was inapplicable due to the defendant's use of third-party carriers and its vehicle weights. However, the court granted summary judgment for the defendant on the plaintiff's NYLL wage notice claim, the NYLL § 195(4) claim, and the unjust enrichment claim.

FMLA ClaimFLSA OvertimeNew York Labor LawMotor Carrier Act ExemptionSummary Judgment MotionWage Notice ClaimUnjust EnrichmentEmployee MisclassificationStatutory Overtime PayCommercial Enterprise
References
22
Case No. 09 Civ. 3043(PAE)
Regular Panel Decision
Jan 21, 2014

Hart v. Rick's NY Cabaret International, Inc.

This Opinion & Order addresses the court's jurisdiction over New York Labor Law (NYLL) claims in a class action lawsuit filed by exotic dancers against Rick's Cabaret and related entities. The plaintiffs initially brought claims under the Fair Labor Standards Act (FLSA) and NYLL. While the court considered exercising supplemental jurisdiction over the NYLL claims, plaintiffs argued for independent diversity jurisdiction under the Class Action Fairness Act (CAFA). The court concluded that, based on the current record, it possesses independent jurisdiction under CAFA for the NYLL claims. Furthermore, the court found that the defendants failed to establish any of the statutory exceptions to CAFA jurisdiction, including the 'local controversy,' 'home state,' or 'interest of justice' exceptions. The court left open the possibility for a renewed motion to remand the NYLL claims if later-developed facts challenge CAFA jurisdiction.

FLSA ClaimsNYLL ClaimsCAFA JurisdictionClass ActionSupplemental JurisdictionDiversity JurisdictionEmployment LawExotic DancersMinimum WageWage & Hour
References
21
Case No. 06-CV-1420 (RER)
Regular Panel Decision
Oct 24, 2008

Guenther v. Modern Continental Companies

Plaintiff Dennis Guenther was injured while "monk-ing," a process involving positioning a pile for driving during a construction project. He was struck by a pile driver's hammer that fell approximately ten feet after the crane operator accidentally disengaged the brake. Guenther, along with his spouse Deborah Guenther, brought an action against Modern Continental Companies, Hallen Construction Co., Inc., and Stone & Webster, Inc., alleging violations of New York Labor Law (NYLL) §§ 200, 240, and 241. Claims against Modern were discontinued, and the NYLL § 200 claim against Stone & Webster was dismissed earlier. Both plaintiffs and the remaining defendants moved for summary judgment on NYLL §§ 240(1) and 241(6) claims. The court denied all motions for summary judgment under NYLL § 240(1), finding genuine issues of material fact regarding the adequacy of safety devices and proximate cause. However, the court granted defendants' motion for summary judgment under NYLL § 241(6), concluding that the pile driver was considered "in use" during the incident, thus no violation of Industrial Code Rule 23-9.10(f) occurred.

Construction AccidentFalling ObjectSummary JudgmentLabor LawScaffolding LawIndustrial CodeProximate CauseComparative NegligenceSafety DevicesCrane Operation
References
33
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. MISSING
Regular Panel Decision
Dec 03, 2013

Maldonado v. BTB Events & Celebrations, Inc.

This case involves claims by food-delivery workers against catering companies (Between the Bread) for underpayment under federal (FLSA) and state (NYLL) law, centering on an 11% mandatory delivery surcharge. Plaintiffs argued this surcharge was a tip or gratuity that they were entitled to, while defendants maintained it was an administrative charge. The court analyzed whether the 11% surcharge constituted a gratuity under both FLSA and NYLL, applying different legal standards. For FLSA claims and NYLL claims prior to January 1, 2011, the court found in favor of the defendants, ruling the surcharge was not a gratuity. However, for NYLL claims from January 1, 2011, onwards, the court found in favor of the plaintiffs, concluding the surcharge was a purported gratuity due to stricter NYSDOL regulations and the employer's insufficient notification.

FLSANYLLMinimum WageOvertime CompensationTip CreditGratuity DisputeService ChargeDelivery WorkersCatering CompanySummary Judgment
References
16
Case No. MISSING
Regular Panel Decision

Santana v. Latino Express Restaurants, Inc.

Plaintiff Lucero Santana sued Latino Express Restaurants, Inc. and Tommy Pimental for violations of FLSA, NYLL, WTPA, and NYCHRL, alleging unpaid minimum and overtime wages, failure to provide wage notices, and gender discrimination and retaliation. The Court granted Santana's motion for default judgment, finding the defendants liable for wage and hour violations, sexual harassment, and retaliation. Santana was awarded unpaid wages, liquidated damages, and WTPA damages. The Court referred the matter to a Magistrate Judge for an inquest into emotional distress damages related to the NYCHRL claims. The Court also addressed the non-cumulative nature of liquidated damages under FLSA and NYLL, but allowed prejudgment interest under NYLL.

Wage and Hour ViolationsFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage Theft Prevention Act (WTPA)New York City Human Rights Law (NYCHRL)Gender DiscriminationSexual HarassmentRetaliationDefault JudgmentUnpaid Wages
References
37
Case No. MISSING
Regular Panel Decision

Xiong Chen v. Weiqui Zhang

Plaintiff Xiong Chen brought an action against defendants Weiqi Zhang, Shuk Ping Lai, Bai Qiang Su, and 128 Montague Inc. (Andy’s Restaurant) alleging violations of federal and state wage laws, specifically regarding overtime premiums under the FLSA and NYLL, and spread of hours premium under the NYLL. Both parties moved for summary judgment on all claims. The court denied both motions in their entirety, citing numerous genuine disputes over material facts such as employment duration, work hours, breaks, and tip earnings. The court also rejected defendants' argument that Bai Qiang Su was not an 'employer' under the FLSA and NYLL due to the expansive interpretation of the term. Furthermore, the court found that Chen's earnings likely did not even meet the minimum wage requirements.

Wage DisputeOvertime PayMinimum WageFLSANYLLSummary Judgment MotionEmployer LiabilityRestaurant EmploymentTip EarningsLabor Law Violations
References
6
Case No. MISSING
Regular Panel Decision
Apr 17, 2014

Vangas v. Montefiore Medical Center

Plaintiffs Mirelle and Alfredo Vangas sued Montefiore Medical Center (MMC), Elizabeth Burns, and Patricia Quinn. Plaintiffs alleged MMC violated COBRA by failing to send proper notification, and Mrs. Vangas claimed disability discrimination under NYSHRL and NYCHRL for failure to accommodate and NYLL violation for not timely notifying her of benefit cancellation. Defendants moved for summary judgment. The Court granted summary judgment for Defendants on the NYSHRL failure to accommodate claim but denied it for the NYCHRL failure to accommodate, failure to engage in interactive process (NYSHRL and NYCHRL), COBRA violation, and NYLL violation claims. The core disputes revolved around whether Mrs. Vangas's requests for leave or remote work were reasonable, whether an interactive process occurred, and if the COBRA and NYLL notices were properly and timely issued.

COBRADisability AccommodationNew York State Human Rights LawNew York City Human Rights LawNew York Labor LawSummary Judgment MotionEmployment TerminationMedical LeaveInteractive ProcessReasonable Accommodation
References
46
Case No. MISSING
Regular Panel Decision

Cuzco v. Orion Builders, Inc.

Plaintiff Saul Marcelo Cuzco filed a class action against Jan Kvas and Orion Builders, Inc., alleging violations of the FLSA and NYLL for unpaid overtime, minimum wage, and timely wage payments, along with "spread of hours" wages. The court granted in part Plaintiffs' motion for summary judgment on FLSA claims, finding them entitled to unpaid minimum and overtime wages but not late payment compensation. Defendants' motion for summary judgment on FLSA claims was denied. The court also granted Plaintiffs' motion for class certification for their NYLL claims, determining commonality, numerosity, typicality, and adequacy of representation were met for a class of construction or carpentry workers employed by Defendants from September 1, 2002, through December 31, 2005. The cross-motions for summary judgment on the NYLL claims were denied without prejudice, pending notice to the class.

FLSANYLLOvertime WagesMinimum WageWage PaymentClass ActionCollective ActionSummary JudgmentClass CertificationLabor Law
References
34
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