Wage & Hour Issues Archives - Page 12 of 13

March 28, 2013 by mjpospis

Angry federal court enters default judgment as sanction for repeated litigation abuses

This week in Wilson v. Pasquale’s DaMarino’s, Inc., 2013 WL 1195603, 10-cv-2709 (March 25, 2013) – a discrimination and wage/hour lawsuit brought by several restaurant workers – Southern District Judge Paul Gardephe issued a stern warning to litigants that flouting court deadlines and misrepresenting facts to the court will not be tolerated, and that such…

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March 5, 2013 by mjpospis

Overtime Lawsuit Filed By NYC Contract Attorney

Below is the federal complaint filed on March 4, 2013 by attorney William Henig against Quinn Emanuel Urquhart & Sullivan LLP and Providus New York LLC. Henig is one of legions of so-called “contract attorneys” who are paid to review and categorize the significant number (often in the thousands, and sometimes in the millions) of…

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August 21, 2012 by mjpospis

Second Circuit Reverses FMLA Decision Against High School Teacher

In Donnelly v. Greenburgh Central School Dist. (2d Cir. Aug. 10, 2012), plaintiff, a former high school teacher, alleged that his employer unlawfully denied him tenure in retaliation for taking protected leave pursuant to the Family and Medical Leave Act (“FMLA”). Plaintiff received negative reviews and was denied tenure shortly after he took medical leave…

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August 8, 2012 by mjpospis

SDNY Wage/Hour $3+ Million Attorney Fee Award

This week Judge Crotty awarded plaintiffs $3,415,450.00 in attorneys’ fees and $442,609.85 in costs in a lawsuit brought by employees of Gristede’s for violations of the federal Fair Labor Standards Act and the New York Labor Law. The court held that “[i]n light of the purposes underlying fee-shifting statutes, fees sought pursuant to the FLSA…

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March 16, 2012 by mjpospis

Aspiring Model’s Sexual Harassment Lawsuit

Below is a copy of the complaint filed by aspiring model Hayden Holt against New York modeling agency Emmanuel NY Models Inc. and its principal, Aristeo Tengco, for sexual harassment, retaliation, wage violations, and breach of contract. Specifically, Holt asserts that Tengco inappropriately touched her, and then retaliated against her – by apparently having her…

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January 9, 2012 by mjpospis

Court Denies Employer Recovery of Wages Earned by Alleged Disloyal Employee

In Cerciello v. Admiral Ins. Brokerage Corp., plaintiff alleged sexual harassment, hostile work environment, and retaliation. Defendants filed two counterclaims, respectively seeking (1) sanctions for frivolous litigation conduct and (2) “recovery of wages paid to the plaintiff during her last year of employment on the ground … that the plaintiff failed to perform the tasks…

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October 24, 2011 by mjpospis

Funeral director is an FLSA-exempt “learned professional” not entitled to overtime

In Rowe v. Olthof Funeral Home et al., a Western District judge held on summary judgment that the plaintiff, a funeral director, was an exempt “learned professional” not entitled to overtime compensation under the FLSA. Defendants satisfied, by clear and convincing evidence, the “salary test” and the “duties test” for application of the exemption. “Salary…

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September 15, 2011 by mjpospis

Court: Gristede’s Owner John Catsimatidis is an “Employer” For Purposes of the FLSA and New York Labor Law

On September 9, 2011, federal judge Paul Crotty issued a decision in Torres v. Gristede’s Operating Corp., a class action asserting the non-payment of wages and overtime, finding that Gristede’s owner John Catsimatidis is an “employer” within the meaning of the federal Fair Labor Standards Act and the New York Labor Law, and hence is jointly…

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September 6, 2011 by mjpospis

Dog trainer sues ex-model for sex-based discrimination and wage/hour violations

On August 23, 2011, plaintiff Westley Artope sued ex-model Paige Bluhdorn (and Paul Bluhdorn), alleging that after he rejected Paige’s sexual advances, he was subjected to a hostile work environment and ultimately fired. He also alleged federal and state wage/hour violations. His federal court complaint: [scribd id=64113286 key=key-1eume2eq9ki2s0otlnac mode=list]

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August 13, 2011 by mjpospis

Commission Reduction Permissible Where Expressly Authorized by Agreement

An Appellate Division, First Dept. panel recently upheld the trial court’s dismissal of plaintiff’s claims alleging violations of Labor Law §§ 191 and 193. The offer letter that granted plaintiff an entitlement to be paid commissions also provided that the commission rates were those “reasonably expected to be paid” and “may be modified at any time”…

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