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

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. 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

Rosenthal v. Ann Service Corp.

Plaintiff Michael Rosenthal, a trustee and participant in four taxicab industry benefit funds, initiated an action against nineteen taxicab employers. He alleged that the employers violated a collective bargaining agreement by failing to make required contributions, inadequately reporting participants' eligibility loss, and fraudulently manipulating fund participant ratios, asserting claims under ERISA and New York State law. Defendants moved for summary judgment, challenging the court's subject matter jurisdiction and plaintiff's standing. The court found that it had subject matter jurisdiction under ERISA, deeming the collective bargaining agreement an ERISA "plan." However, the motion for summary judgment was granted in favor of the defendants due to the plaintiff's lack of standing. The court ruled that Rosenthal could not proceed as an individual trustee without the approval of his co-trustees, which would violate the Taft-Hartley Act's equal representation provisions, nor as a participant seeking to vindicate the fund's rights rather than his own personal benefits.

ERISATaft-Hartley ActStandingSubject Matter JurisdictionSummary JudgmentCollective Bargaining AgreementEmployee Benefit PlansFiduciary DutyTrustee LitigationMultiemployer Plans
References
10
Case No. MISSING
Regular Panel Decision

R.M. Perlman Inc. v. New York Coat, Suit, Dresses, Rainwear & Allied Workers' Union Local 89-22-1

This case involves R.M. Perlman, d/b/a Rebecca Moses Collection (RMC), a garment industry employer, suing two labor unions, Local 89-22-1 and the International Ladies Garment Workers’ Union. The suit stemmed from picketing aimed at compelling RMC to enter into a Hazantown Agreement, which RMC alleged involved violence and caused substantial losses. The amended complaint included federal claims under the National Labor Relations Act and state law claims such as prima facie tort, intentional interference with contractual relations, and defamation. The defendants moved to dismiss the state law claims, arguing federal preemption and RMC's failure to meet New York's specific pleading requirements for actions against unincorporated associations. The court found the state law claims were not preempted due to allegations of violent picketing, aligning with exceptions to federal preemption. However, the court ultimately granted the dismissal of the state law claims (counts two through seven) because RMC failed to allege that every single union member authorized or ratified the violent acts, as required by the New York Court of Appeals decision in Martin v. Curran. Additionally, the individual defendants Byer and Mazur were dismissed because the remaining federal claim under the Labor-Management Relations Act does not allow for individual liability. A motion to dismiss Rebecca Moses as a plaintiff was denied, pending further evidence on her standing. Plaintiffs were granted thirty days to replead the dismissed state law claims.

Labor LawFederal PreemptionState Law ClaimsUnincorporated AssociationsUnion LiabilityViolent PicketingHazantown AgreementMotion to DismissNational Labor Relations ActLabor Management Relations Act
References
31
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
Case No. MISSING
Regular Panel Decision

Daniels v. Monroe County Child Support Collection Unit

This case concerns the priority of four liens against a $7,500 settlement received by Mr. Daniels. The liens include his attorney's charging lien, a workers' compensation lien by Legion Insurance, a child support lien by the Child Support Collection Unit for over $20,000, and a judgment lien by former landlord Robert Dykes. The court, presided over by Justice Andrew V. Siracuse, determined that the attorney's charging lien takes first priority based on logic and public policy, as the attorney created the fund benefiting all lienors. Legion Insurance's workers' compensation lien received second priority, as the Child Support Collection Unit had already had an opportunity to levy on the initial workers' compensation payments. The Child Support Collection Unit was placed third, and Robert Dykes's judgment lien was last. The court rejected arguments that CPLR 5242 (d) gave child support priority over statutory and charging liens in this specific context.

Lien PriorityAttorney's Charging LienWorkers' Compensation LienChild Support LienJudgment LienCPLR 5242 (d)Workers’ Compensation Law § 29Domestic Relations Law § 240Public PolicyEquitable Principles
References
2
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