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

Case No. 03-98-00334-CV
Regular Panel Decision
Aug 12, 1999

David Brian Keep v. Kathryn Elizabeth Keep

This is an appeal regarding a Final Decree of Divorce between David Brian Keep and Kathryn Elizabeth Keep. The appellant, David Brian Keep, challenged the trial court's division of marital property, award of child support, and attorney's fees. The appellate court affirmed the trial court's characterization of Kathryn Keep's workers' compensation settlement as separate property and upheld the child support award of $3,000 per month. However, the court reversed the award of a 50% interest in the Plano, Texas, property to Kathryn Keep, as it was deemed David Keep's separate property. Additionally, the court reversed the reimbursement awarded to Kathryn Keep for community funds expended on three separate properties due to a lack of proof of enhancement and also reversed the $5,000 award for appellate attorney's fees. The remainder of the divorce decree was affirmed.

DivorceProperty DivisionChild SupportAttorney's FeesMarital EstateSeparate PropertyCommunity PropertyReimbursement ClaimWorkers' CompensationAppellate Review
References
22
Case No. MISSING
Regular Panel Decision
Apr 15, 1994

Avila v. A. Sam & Sons

This case involved ten Haitian Creole farm workers who sued A. Sam and Sons Produce Company, Inc., Esau Sam, and Robert Sam for alleged violations of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) during the 1987 tomato and cucumber harvest in Dunkirk, New York. The plaintiffs claimed various breaches concerning housing, disclosure, transportation, record-keeping, and the use of unregistered farm labor contractors. The court found that the defendants intentionally violated AWPA provisions related to housing, transportation, record-keeping, wage statements, and registration by, among other things, allowing workers to reside on premises without adequate safety standards and failing to maintain proper employment records. However, the court did not find the defendants liable for disclosure, false information, or working arrangement violations. Consequently, a judgment for $25,000.00 in statutory damages was entered in favor of the plaintiffs.

Migrant Agricultural Worker Protection Actfarm laborhousing violationstransportation violationsrecord-keeping violationswage statement violationsunregistered contractorsemployer responsibilitystatutory damagesagricultural employers
References
37
Case No. MISSING
Regular Panel Decision

D.D.G. General Contracting Corp. v. Hartnett

Petitioner, a public works contractor, faced a proceeding initiated by the Department of Labor (DOL) regarding underpayment of prevailing wages and benefits to its employees on a contract with the Department of Transportation. A Hearing Officer determined that petitioner failed to pay three employees properly, keep accurate records, and underpaid workers due to improper record-keeping, deeming the violations willful and imposing interest and a penalty. The court affirmed the use of engineer's summaries as evidence for underreported hours where petitioner's records were inadequate, and upheld findings for three specific employees and for overtime violations for two others. However, the court found a lack of substantial evidence for the amount of underpayments for eight employees due to DOL's inconsistent data utilization. Consequently, the determination was annulled, and the matter remitted for reassessment of underpaid wages and supplements, and a reconsideration of the imposed penalty.

Prevailing WageUnderpaymentPublic Works ContractRecord Keeping ViolationsLabor Law ViolationsWillful ViolationsCivil PenaltyInterestRemittalJudicial Review
References
8
Case No. MISSING
Regular Panel Decision

Leonard v. Leonard

This case concerns appeals from two orders of the Family Court of Delaware County, entered on September 19, 1983. The first order dismissed the respondent's cross-petition for a downward modification of a prior support order. The second order found the respondent in willful violation of a December 9, 1982 support order, fixing arrears at $665. The respondent had previously received a suspended 60-day jail sentence conditioned on keeping support payments current. The respondent argued that his unemployment and reduced workers' compensation benefits justified a modification and that the finding of willful violation was erroneous. The appellate court conducted a careful review of the record and affirmed the Family Court’s findings and determinations without costs.

Family LawChild SupportSupport OrderArrearsWillful ViolationModificationAppealUnemploymentWorkers' Compensation BenefitsAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Solis v. SCA Restaurant Corp.

The Secretary of Labor brought an action against SCA Restaurant Corporation and its owner, Luigi Quarta, alleging violations of the Fair Labor Standards Act (FLSA), including failure to pay minimum wage and overtime, inadequate record-keeping, and retaliation. After a bench trial, the court found the defendants liable on all claims, determining their violations were willful. The defendants paid fixed weekly salaries despite employees working over 40 hours, falsified records, and threatened employees for testifying. The court awarded $137,867.12 in unpaid wages, an equal amount in liquidated damages, and $2,000 in compensatory damages for emotional distress. A prospective injunction was also issued to prevent future FLSA violations.

FLSA ViolationsMinimum WageOvertime CompensationRecord Keeping ViolationsEmployee RetaliationWillful ViolationsUndocumented WorkersLiquidated DamagesCompensatory DamagesInjunctive Relief
References
87
Case No. MISSING
Regular Panel Decision
Oct 10, 2017

Gamero v. Koodo Sushi Corp.

This case involves former employees (Israel Gamero, Norberto Mastranzo, and Oscar Sanchez) suing their former employer (Koodo Sushi and Michelle Koo) for wage-and-hour and record-keeping violations under the FLSA and NYLL. Following a bench trial, the court found that while the plaintiffs had inflated their claims, the defendants failed to maintain accurate payroll records and unlawfully deducted meal and tip credits. The court awarded damages to all three plaintiffs for unpaid minimum wages, liquidated damages, and violations of NYLL wage statement requirements. Additionally, Gamero received damages for a wage notice violation, but claims related to tools of the trade and tip withholding were denied. Overall, the plaintiffs were granted relief on seven of their nine claims, albeit for a fraction of the damages originally sought.

Wage-and-Hour ViolationsFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Minimum WageOvertime CompensationTip CreditMeal CreditRecord Keeping ViolationsWage Statement ViolationsLiquidated Damages
References
47
Case No. MISSING
Regular Panel Decision

Ritterband v. Axelrod

A physician challenged New York Health Department regulations (10 NYCRR 405.3 [b] [10], [11], and [13]) requiring hospitals to provide physical examinations, record medical histories, and mandate immunizations for personnel. The petitioner raised various objections, including unlawful delegation of legislative authority, exceeding the scope of authority, due process violations, Fourth Amendment violations regarding mandatory rubella immunization, and privacy violations concerning medical record-keeping. The court found some procedural objections time-barred and others not ripe for judicial review. Substantively, the court upheld the regulations, concluding that the State's compelling interest in public health and safety outweighed individual privacy concerns. The respondents' motion for summary judgment was granted, affirming the validity of the challenged regulations.

Health RegulationsCPLR Article 78Administrative LawJudicial ReviewPublic Health LawConstitutional LawFourth AmendmentRight to PrivacyMandatory ImmunizationStaff Privileges
References
55
Case No. NO. 02-11-00285-CV
Regular Panel Decision
May 24, 2012

Gregory Earl Reed D/B/A Hit City Records & Tapes v. County of Tarrant, Tarrant County Hospital District, Tarrant County Community College District, City of Forest Hill, and Fort Worth Independent School District

Appellant Gregory Earl Reed d/b/a Hit City Records & Tapes appealed the trial court’s denial of his equitable bill of review. The bill challenged a default judgment for delinquent property taxes, tax lien foreclosure, and a tax-foreclosure sale obtained by Appellees. Reed contended that he and Ronald Reed, the registered agent, were not properly served, and even if served, it was ineffective as Ronald was no longer a partner. The Court of Appeals affirmed the trial court's decision, concluding that service upon Ronald was effective because the filed deed showed him as a partner, and there was no indication to Appellees that their notice had failed, thus no due process violation.

Equitable Bill of ReviewDefault JudgmentDelinquent Property TaxesTax Lien ForeclosureTax Foreclosure SaleService of ProcessDue ProcessPartnership LawAd Valorem TaxesSufficiency of Evidence
References
22
Case No. MISSING
Regular Panel Decision

Martin v. Tiller Helicopter Services, Inc.

The Secretary of Labor sued William J. Tiller, Sr. and Tiller Helicopter Services, Inc. for violations of the Fair Labor Standards Act, including minimum wage, overtime, and record-keeping provisions. Defendants asserted an agricultural exemption, which the Court partially acknowledged for certain activities like travel and loading, but ultimately disallowed due to their failure to maintain adequate records of exempt vs. non-exempt work. The Court granted injunctions compelling compliance with FLSA provisions and the payment of backwages, ordering recalculation based on a two-year statute of limitations and adjusted hours for one employee. However, the Secretary's requests for liquidated damages and a finding of willful violation were denied. Defendants' motion for Rule 11 sanctions was also denied.

Fair Labor Standards ActFLSA ExemptionAgricultural WorkersOvertime WagesMinimum WagesRecordkeeping ViolationsInjunctionBackwagesLiquidated DamagesWillful Violations
References
12
Case No. MISSING
Regular Panel Decision

Marshall v. Burger King Corp.

The defendant, Burger King Corp., applied for an amendment to the findings of fact from a December 10, 1980 Memorandum Decision and Order. The court granted the Rule 52(b) motion to supplement previous findings, particularly regarding defendant's record-keeping and overtime-pay obligations for Assistant Managers in the New York area. The judgment's relief is extended beyond the initial two districts or five restaurants due to evidence of systemic issues emanating from the regional level. The court also addressed the Secretary's claim regarding Assistant Managers earning above the short-form test exemption. Prejudgment interest was awarded at the adjusted prime rate, rejecting the defendant's good faith argument due to willful violations. The defendant's application for a stay of judgment pending appeal was granted, except for record-keeping obligations, conditional on filing bonds and prosecuting the appeal.

Overtime PayFair Labor Standards ActRule 52(b) MotionPrejudgment InterestWillful ViolationsRecord-KeepingEquitable PowersFederal Rules of Civil ProcedureAssistant ManagersStay of Judgment
References
15
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