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 ClaimIn Lord v. Marilyn Model Mgt., Inc., 2019 NY Slip Op 05093 (App. Div. 1st Dept. June 25, 2019), the court reversed the lower court’s dismissal of plaintiff’s claim for breach of contract arising from defendant’s failure to pay him severance. The facts, as summarized by the court: As alleged in the complaint, plaintiff was…
Read More Modeling Scout Sufficiently Alleges Claims Relating to Failure to Pay Severance, First Department HoldsIn Najnin v. Dollar Mountain, Inc., No. 14CV5758, 2015 WL 6125436 (S.D.N.Y. Sept. 25, 2015), the court provides some insight into how damages are determined when a defendant defaults in an unpaid wages/employment discrimination (sexual harassment) case. The court held, among other things, that plaintiff was not entitled to any back pay damages, and to…
Read More Court Explains Damages in Sexual Harassment/Unpaid Overtime Case Upon Defendant’s Default