$300,000 for companies with 501 employees or more. CALL: 516-248-5550 $199,500.00 –Anwar, et al. Todd Dickerson, Esq., and Michael J. Borrelli, Esq., handled the matter for the Firm. As they apply to entities under the jurisdiction of the Office for Civil Rights (OCR), OCR enforces: Section 504 of the Rehabilitation Act of 1973, including programs and activities that are conducted by HHS or receiving Federal financial assistance from HHS. §§ 201 et seq. Plaintiff adequately demonstrated that Defendant failed to compensate Plaintiff at both the federal and state minimum wages and that Defendant failed to pay Plaintiff a spread-of-hours premium of one additional hour at the minimum wage for each work day that exceeded ten hours. Alexander T. Colemen handled the matter for the Firm. Significant Cases in Employment and Civil Rights Law. Morales Medina v. JMT Restaurant Corp., et al., Case No: CV 20-5753(SJF)(SIL). Michael J. Borrelli, Alexander T. Coleman, and Dong Phuong V. Nguyen handled the matter on behalf of the Firm. Michael J. Borrelli handled the matter for the Firm. Our client was a long time employee that performed several job responsibilities such as filing orders of beauty supplies, accepting payment from customers, working the cash register, and stocking supplies, which required him to work between 46 and 59 hours per week without being compensated at the required minimum wage and much less at the appropriate overtime rate for any hours worked in excess of 40 per week. Steve Dent is an associate editor at Engadget . $100,000 for companies with 101-200 employees. Hernandez v. Highgate Hotels, L.P et al., Docket No: 15-CV-8144 (JGK) Michael J. Borrelli handled the matter for the Firm. to tens of millions of dollars in cases representing workers and other Under the settlement agreement, Fleetlogix will pay a civil penalty of $627,00 to the United States, up to $100,000 in back pay to people who lost work due to the discrimination, train its employees on the requirements of the INA's anti-discrimination provision, and be subject to departmental reporting requirements. Alexander T. Coleman handled the matter for the Firm. $136,000.00 –Personal Injury Case – Firm represented a New York City resident who suffered physical injury after tripping and falling on a Manhattan sidewalk that was improperly maintained. Settlement agreement implements a removal action that is intended to abate an imminent and substantial endangerment to public health and the environment from high pH water discharging into the river. Yet the defendant allegedly, failed to pay them an hourly wage, did not pay any wages for hours worked past the first 40, and failed to provide its employees with adequate wage statements. $ 0. in a demand for mental disability discrimination at the workplace for an apartment manager. Dong Phuong V. Nguyen, Alexander T. Coleman, and Michael J. Borrelli handled the matter on behalf of the firm. The firm settled this case for $114,785. Over the past decade, the Equal Employment Opportunity Commission (EEOC) has reported that retaliation is the most common issue alleged by federal employees and the most common discrimination finding in federal sector cases. The complaint alleged that despite this fact, the Plaintiff, who worked there from June 2011 to June 2015, was not compensated in accordance with Federal and State law. An agreement for PricewaterhouseCoopers LLP to pay $11.6 million to settle class action claims it discriminated against older job applicants was preliminarily approved by a federal court in California, which said the settlement appears fair and reasonable.. )RUPRUHTax Notes® Federal FRQWHQW SOHDVHYLVLWZZZ WD[QRWHV FRP However, Defendants allegedly paid Plaintiffs only for the first forty hours worked each week and nothing additional for any hours worked beyond forty throughout their employment. $115,000.00 – Disability Discrimination Case – Firm represented client in a claim against her former employer for violating the Americans with Disabilities Act of 1990, as amended (“ADA”), the New York State Human Rights Law and the New York City Human Rights Law. $50,000.00 – Wage & Hour Violations – Firm Forces Pizzeria to Forfeit Judgment in the amount of $50,000.00 – Wage & Hour Violations – Firm represented a former employee against JMT Restaurant Corp., d/b/a Louie’s Pizzeria, a pizzeria, for unpaid overtime wages in violation of the Fair Labor Standards Act and the New York Labor Law. 91103 Determine whether the payment, in whole or in part, is WAGES. On March 14, 2018, Magistrate Judge Debra C. Freeman ordered that judgment be granted in favor of Plaintiff against Defendants and that an aggregate sum of $578,611.62 be awarded. The company terminated our client after she took an approved medical leave. The Firm negotiated a settlement of $155,870.00 for the workers. $280,000.00 – Civil Rights Case – Firm settled case for former New York City Detective for violations of Free Speech by the City of New York. After sending a demand letter to the company, the Firm successfully negotiated a settlement on client’s behalf for $120,000.00. Discrimination settlements generally include compensation for monetary loss, including lost wages, back pay and potential future monetary losses as a result of losing a job or a promotion. Publication 4345, Settlements – Taxability PDF This publication will be used to educate taxpayers of tax implications when they receive a settlement check (award) from a class action lawsuit. Michael J. Borrelli, Alexander T. Coleman, and Pooja Bhutani handled the matter on behalf of the firm. Michael J. Borrelli successfully negotiated a $105,000.00 settlement. Kotkin, Invisible Settlements, Invisible Discrimination, 84 N.C. L. REv. Docket No: 10-CV-5255 (ERK) (LB). 61-1 amplified. ; Title 8 of the Administrative Code of the City of New York; assault; battery; intentional infliction of emotional distress; fraudulent conveyance of property. $360,000.00 – Sexual Harassment and Retaliation Case – Firm represented a group of women earning minimum wage in a claim against a national company for gender discrimination, sexual harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Firm successfully negotiates a settlement of $137,500.00 for client. 128 N Fair Oaks Ave As alleged in the action, Plaintiff, Mr. Hopkins, was required to and did work for Defendants between sixty and sixty-nine hours each week from approximately June 2011 until April 2016. Firm settled a claim for $850,000.00. v. Uptown Communications & Electric, Inc., et al., Case No: 16-CV-3990 (LB) Mr. Noel was required to work over 50 hours per week, but only compensated for the first 40 hours of work. The Regulation. Pasadena, CA 91103. Michael J. Borrelli handled the matter for the firm. The case commenced when one non-exempt “Manager” claimed that she was not compensated at the statutorily-required overtime rate for any of the hours that she worked in excess of forty. Firm successfully negotiated a settlement of $1.6 Million dollars for these investors. $ 0. in a demand for mental disability discrimination at the workplace for an apartment manager. Jonathan Bradley, a student at Ryerson University in Toronto, Canada, was working last year as a part-time volunteer reporter for The Eyeopener, a student-run newspaper at the school. On September 25, 2017, Magistrate Judge Peggy Kuo issued her Report and Recommendation (“R&R”) recommending that Plaintiff’s motion to be granted. The client alleged that the company took several adverse actions against our client due to her age in an effort to force her from her employment. $185,000.00 – Improper Payment of Overtime & Retaliation Case –Firm represented a group of three restaurant waiters in a civil action against a popular Manhattan steakhouse for their violation of the Fair Labor Standards Act and New York State Labor Law § 190, et seq. After a bench trial, Alexander T. Coleman obtained a judgment in the amount of $302,157.88 on behalf of the Plaintiff. Lawyers representing individuals and all the states disagreed about how to divide it. But this settlement is different because it was negotiated in bankruptcy court and there was a fixed pot of money. Class actions and state court cases are beyond the scope of this resource. Found inside – Page 31... be made aware of unjustifiable discrimination by named persons and bodies and successful settlements of disputes. ... should be an attempt in every case (individual and class discrimination) to reconcile the dispute by arbitration. Improper Payment of Overtime Case – Firm represented two Plaintiffs in the above-referenced action against 113-177 Realty, LLC and others, for violations of the Fair Labor Standards Act, as amended, 29 U.S.C. Nonetheless, Defendants required our client to work over forty hours per week and neglected to pay her for any of those excess hours. Notwithstanding, Defendants failed to compensate Plaintiff at the statutorily-required rate of time and one-half his regular rate of pay. Punitive damages are not excludable from gross income, with one exception. On June 12, 2018, United States Magistrate Judge Sarah Netburn granted the motion for final approval of the class and collective action settlement in the amount of $920,741.42. 927, 929 (2006) (describing confidentiality agreements as the "norm" in individual employment discrimination cases that settle). $285,000.00 – Racial Discrimination case – Firm represented a Plaintiff of African American descent in a claim against a technology company for alarming and egregious racial discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Found inside – Page 74Fifth , as I have summarized above , the chance to reach a sensible individual settlement and the common practice of ... And Developing Case Law Protect Informed Individual choice In ADEA Releases In both individual settlements of ... Accordingly, the Plaintiff, on behalf of herself and others similarly situated, brought this lawsuit against Defendants pursuant to the collective action provisions of the FLSA. Firm represented material damage appraiser against his employer asserting claims of misclassification and failure to pay overtime wages. Michael J. Borrelli handled the matter on behalf of the firm. ; (v) 42 U.S.C. Michael J. Borrelli handled the matter for the Firm. Jones v. Strategic Financial Solutions L.L.C., and Pioneer Law Firm, P.C., d/b/a The Law Offices of John Dougherty and Associates, and Timberline Capital Ventures, Inc., and Harbor Legal Group, L.L.C., d/b/a The Law Offices of G. Anthony Yuthas, and Credit Advocates Law Firm, LLC, Case No: 16-cv-04617, $920,741.42 – Class Action for Improper Payment of Overtime – In this matter, the Firm represented a class of 133 “negotiators” against their employer – an enterprise made up of five legally distinct entities which provide debt settlement and consolidation services for consumers. Docket No: 10-CV-4990 (CBA)(SMG). In the lawsuit, Plaintiff alleges that he and others were paid less than the legal minimum wage rate per hour and not paid overtime for all hours worked over 40 hours per week at the rate of time and one-half their regular rate of pay. The Code was amended (SBJPA, PL 104-188) to exclude from gross income "the amount of any damages (other than punitive) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness". 85-97 - The entire amount received by an individual in settlement of a suit for personal injuries sustained in an accident, including the portion of the amount allocable to the claim for lost wages, is excludable from the individual's gross income. Some of their duties included ensuring the safety and cleanliness of the premises as well as performing maintenance on the building. $400,000 –Age Discrimination and Improper Payment of Wage Case – The firm represented a client who alleged that although she had devoted 17 years of exemplary service to her employer she was fired based on her age. Alexander T. Coleman and Michael J. Borrelli settled the matter for $100,000.00. § 12101 et seq. The Firm successfully negotiated a $250,000.00 settlement for Plaintiff. Michael J. Borrelli handled the matter on behalf of the firm. $150,000.00 – Improper Payment of Overtime Case – Firm represented client in a claim against a well-known Manhattan restaurant for their violation of the Fair Labor Standards Act, as amended, 29 U.S.C. Michael Borrelli secured the $310,000.00 judgment for Plaintiff. Custom Authorities where agents found two (2) bricks of cocaine. The complaint alleged that in addition to not being paid minimum wage the Plaintiffs worked sixty-four hours per week and not paid at the appropriate over time rate performing duties such as cooking, serving meals, cleaning, and maintenance functions. Once the monetary package has been negotiated, issues of drafting become paramount and Michael J. Borrelli and Louis M. Leon handled the matter for the Firm. In addition to his primary responsibilities, Defendants required Mr. Logan to perform supplementary tasks such as driving people to various destinations and cleaning their personal residence. After checking-in his baggage with Delta and leaving his belongings in its care, Mr. Levans proceed to board the plane and landed in JFK a few hours later. Arnulfo Juarez Sanchez, et al., v. 113-117 Realty, LLC, et al., Docket No: 14-CV-6363 (JMF) However, his employer (the defendant) failed to pay him overtime for any hours past the initial forty and sometimes failed to compensate him for hours worked under forty in violation of both the Fair Labor Standards Act and the New York Labor Law. Alexander T. Coleman, Esq. Improper Payment of Overtime Case – Firm represented a group of minimum wage earning Plaintiff workers in a collective action for the employer’s violation of the Fair Labor Standards Act, as amended, 29 U.S.C. 96-3 modified. In addition, Defendants did not reimburse Plaintiffs for the expense of purchasing their uniforms and indeed failed to pay Plaintiffs a weekly wage to maintain the uniforms. Found inside – Page 130Legal actions may seek to invoke State responsibility in international law (inter-State claims); national or ... agent); criminal law (a State or the international community prosecuting an individual perpetrator); or national tort law ... Yet the defendant did not pay the client any wages after the first thirty-five hours, let alone provide compensation at the mandated minimum overtime wage rate. $310,000.00 – Civil Rights Case – Firm secured a judgment for a former professor of New York City College of Technology. Thus, Defendants did not compensate Mr. Logan at any rate of pay, let alone the statutorily-required minimum wage or overtime rates of pay for any hours that Plaintiff worked per week in excess of forty or for any of the extra services he provided. Despite these facts, the Plaintiff did not receive any overtime compensation. The complaint alleged that the duties performed by the Plaintiffs did not qualify them to be exempt from overtime. The General Instructions for Certain Information Returns provides that for information return reporting purposes, a payment made on behalf of a claimant is considered a distribution to the claimant and is subject to information reporting requirements. Michael J. Borrelli and Alexander T. Coleman handled the matter or the Firm. Anthony Dingle v. New York City Housing Authority and Demetrice Gadson Docket No: 10-CV-0004(SAS). For them, individual discrimination by whites is a routine occurrence. Significant Cases in Employment and Civil Rights Law. Generally, the Plaintiff contended that the company subjected him to working over forty hours a week while only paying him straight time wages. $110,000.00 – Race and Gender Discrimination case – Firm represented a Plaintiff in a civil action against one a leading utility company for their violation of the terms, conditions and privileges of employment pursuant the New York State Human Rights Law, Executive Law Section 290 et seq., the New York City Human Rights Law § 8-107 et seq. After litigation and engaging in mediation, the Firm negotiated a settlement of $100,000.00. 115-97, made many significant changes to the Internal Revenue Code. Found inside – Page 2587Indeed , Members are free to apply individual policies to individual products even if these policies affect other Members in unequal ways . WTO law does not prescribe a substantive standard on what tariff ( and other measures ) should ... Stress, et al., v. 42nd Street Kitchen LLC et al., Docket No: 15-CV-3635 (AKH) Borrelli & Associates obtains judgments against 42nd Street Kitchen LLC known as KTCH, which operates as a popular restaurant, event space, and dance club located in New York’s OUT Hotel. The complaint in this matter alleged that Defendants paid our client a flat weekly rate of pay which fell below the amount required by the NYLL to qualify her for an overtime exemption. Our client worked as a server for several years earning only $5.00 per hour and any tips from customers. Therefore, Forms 1099-MISC and Forms W-2, as appropriate, must be filed and furnished with the plaintiff and the attorney as payee when attorney's fees are paid pursuant to a settlement agreement that provides for payments includable in the claimant's income, even though only one check may be issued for the attorney's fees. When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. In this particular case, the Plaintiff’s complaint alleged that he worked over 60 hours a week for the Manhattan based jewelry company for just under a year. §§ 201 et seq., the New Jersey Wage and Hour Law. Firm represented a collective of employees and former employees against Promise Home Care Agency, Inc a home health care agency for unpaid, overtime wages in violation of the Fair Labor Standards Act and New York Labor law (prior post upon action commencement located here. 1073 (1984) (describing WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) announced today that it has approved a Conciliation Agreement resolving allegations that nineteen apartment complexes in and near Philadelphia refused to grant reasonable accommodations requested by . Michael J. Borrelli and Alexander T. Coleman handled the matter for the Firm.
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