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By Keith A. Markel, Alana Mildner Smolow and Kayla N. West | April 17, 2024
Recent headlines demonstrate that New York is taking wage theft very seriously. In March 2024, the owner and a manager of Grimaldi's Pizzeria were indicted for the crime of scheme to defraud in the first degree as well as several counts of failure to pay wages in violation of New York Labor Law.
5 minute read
By Emily Cousins | April 12, 2024
"Mr. Garnder knew he could not reasonably meet the expectations of the [performance improvement plan] by October 15, making his termination the following day a foregone conclusion," the complaint claimed.
2 minute read
By Samuel Estreicher | April 11, 2024
Section 1595(a) of the TVPRA provides a civil remedy against perpetrators and anyone who "knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation." The use of a "knowingly benefits" standard of liability is fairly novel and raises some important questions.
8 minute read
By Chris O'Malley | April 2, 2024
Quickway Transportation asserts that letting an NLRB ruling stand "would eviscerate an employer's right to close its business for any reason."
6 minute read
By Chris O'Malley | April 2, 2024
Quickway Transportation asserts that letting an NLRB ruling stand "would eviscerate an employer's right to close its business for any reason."
6 minute read
By Deborah Petito | March 29, 2024
"There is hope that SB 553 will help to make California workplaces safer," according to employment attorney Deborah Petito of Offit Kurman.
5 minute read
By Chris O'Malley | March 28, 2024
The Department of Labor fined Morristown, Tennessee-based Tuff Torq $296,951 and secured a court order requiring it to disgorge $1.5 million—a month of profits—after a January inspection found 10 illegally employed children as young as 14 subjected to "oppressive" conditions.
6 minute read
By Emily Cousins | March 26, 2024
"They stood their ground despite threats of discipline, and continued to speak out," plaintiff counsel Roland Goff said.
3 minute read
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | March 25, 2024
Unlike Labor Law §240(1), Labor Law §241 (6) is not self executing. Plaintiff must show that a violation of a concrete specification under a provision of the New York Industrial Code was a proximate cause of injury in order to impose liability under §241(6).
13 minute read
By Colleen Murphy | March 22, 2024
"Indeed, both of Mr. Lofton's immediate supervisors, John Barber and Jeffrey Ranen, have a well-documented 15-year history of exchanging racist remarks over defendant's email system with lawyers throughout LBBS—ranging from junior associates to fellow partners," the complaint said. "These emails included 'gratuitous use' of the n-word."
5 minute read
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