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In Thompson v. Corizon Health, Inc., et al, 18 Civ. 7139, 2021 WL 105767 (S.D.N.Y. Jan. 12, 2021), the court, inter alia, held that plaintiff’s claim for unpaid wages, under the New York Labor Law, survived summary judgment. From the decision: The New York Labor Law permits recovery against an employer for unpaid wages and…
Read More Known Off-The-Clock Work Supported NY Labor Law Claim
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In Durand et al v. Excelsior Care Group LLC et al, 2020 WL 7246437 (E.D.N.Y. Dec. 9, 2020), the court, inter alia, dismissed plaintiffs’ claims under the Equal Pay Act, 29 U.S.C. § 206(d). From the decision: After reviewing the SAC [Second Amended Complaint], the court concludes that plaintiffs failed to state an Equal Pay…
Read More Equal Pay Act Claim Dismissed; Mere Recitation of Statutory Language and Job Titles Insufficient
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The U.S. Department of Labor has issued additional guidance (FLSA2020-15) (November 3, 2020) regarding the compensability of time that employees spend attending voluntary training programs in various factual scenarios under the Fair Labor Standards Act (FLSA). The Guidance addresses the issue in the context of six hypothetical scenarios. Generally, the FLSA requires employers to compensate…
Read More Department of Labor Issues Guidance on Compensability of Employee Time at Voluntary Training Programs
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In a decision filed today, Palmer et al v. Amazon.com, Inc. et al (EDNY 20-cv-02468 Nov. 2, 2020), the Eastern District of New York granted defendants’ motion to dismiss plaintiffs’ complaint, which asserts (i) public nuisance, (ii) breach of the duty to provide a safe workplace under NY Labor Law § 200, (iii) failure to…
Read More Court Dismisses COVID-19 Related Suit Against Amazon
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State and…
Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part Two (Title VII etc)
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…
Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
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In Turner v. Sheppard Grain Enterprises, LLC, No. 652509/2019, 2020 WL 3432946 (N.Y. Sup Ct, New York County June 23, 2020), the court dismissed plaintiff’s “Freelance Isn’t Free Act” claim because the work done was not sufficiently connected to New York City. From the decision: Because the law provides no guidance on how to assess…
Read More “Freelance Isn’t Free Act” Claim Dismissed on Geographic Grounds
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In Simmons v. Trans Express, Inc., 19-438 (2d Cir. April 13, 2020), the U.S. Court of Appeals for the Second Circuit posed the following Certified Question to the New York Court of Appeals: Under New York City Civil Court Act § 1808, what issue preclusion, claim preclusion, and/or res judicata effects, if any, does a…
Read More 2d Circuit Poses Certified Question to NY Court of Appeals re Preclusive Effect of Small Claims Court Wage Determination
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In a recent decision, captioned International Franchise Association et al v. City of New York, NY Supreme Court, NY County, Index No. 655987/2018 (Feb. 13, 2020), the court rejected a challenge to New York City’s Fair Workweek Law, codified at Title 20, Chapter 12 of the New York City Administrative Code. Judge Engoron concluded that…
Read More New York Judge Dismisses Challenge to NYC’s Fair Workweek Law
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In New York practice, “consolidation” is the mechanism for joining two or more actions into one. In Lopez v. Bendell, No. 156292/2017, 2019 WL 6216089 (N.Y. Sup Ct, New York County Nov. 18, 2019), the court, inter alia, denied defendant’s motion to consolidate two actions – one asserting discrimination based on race and national origin under…
Read More Consolidation of Discrimination and Wage Actions Denied