Labor Law: Ozimek v. Holiday Valley Inc. 
By Daily Record Staff
POSTED: April 4, 2011
Tags: Appellate Division, Fourth Department, Labor Law, negligence, Scaffold Law
Appellate Division, Fourth Department Labor Law Scaffold Law — Negligence Ozimek v. Holiday Valley Inc. CA 10–02134 Appealed from Supreme Court, Chautauqua County Background: The appeals that are decided here are from an order that granted in part the motions of the defendants for summary judgment by dismissing the plaintiffs’ Labor Law §241(6) cause [...]
Labor Law: Rudd v. T.L. Cannon Corp.
By Daily Record Staff
POSTED: March 9, 2011
Tags: Certification, class actions, Labor Law, Northern District of New York, U.S. District Court
U.S. District Court, Northern District of New York Labor Law Class Actions — Certification Rudd v. T.L. Cannon Corp. 10-CV-591 Judge McAvoy Background: Plaintiffs Ann Marie Rudd, Matthew Roach, Melissa Longo, Jennifer Doty and Garrett Titchen, all former employees of the defendants, operators of approximately 53 Applebee’s Neighborhood Grill & Bar Restaurants throughout New York [...]
Labor Law: National Labor Relations Board v. Domsey Trading Corp.
By Daily Record Staff
POSTED: February 23, 2011
Tags: Backpay Immigration Status, Labor Law, Second Circuit, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit Labor Law Backpay Immigration Status National Labor Relations Board v. Domsey Trading Corp. 10-3356-ag Appealed from the NLRB Background: The National Labor Relations Board seeks enforcement of two supplemental decisions and orders of the Board against Domsey Trading Corp., Domsey Fiber Corp., Domsey International and Domsey International Sales Corp., [...]
Labor Law: Teoba v. Trugreen Landcare LLC
By Daily Record Staff
POSTED: February 17, 2011
Tags: FLSA, Labor Law, U.S. District Court, Western District of New York
U.S. District Court, Western District of New York Labor Law FLSA Teoba v. Trugreen Landcare LLC 10-CV-6132 Judge Siragusa Background: In this action, the plaintiffs are asserting claims for unpaid wages pursuant to the Federal Fair Labor Standards Act, and the minimum wage laws of the States of New York and New Hampshire. The defendant [...]
Labor Law: Markey v. Cameron Compression Systems
By Daily Record Staff
POSTED: January 19, 2011
Tags: Labor Law, overtime, U.S. District Court, Western District of New York
U.S. District Court, Western District of New York Labor Law Overtime Markey v. Cameron Compression Systems 10-CV-377 Judge Arcara Background: Pending before the court is a motion by defendant Cameron Compression Systems to dismiss the third cause of action in the plaintiff’s complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. In that [...]
Labor Law: Lynch v. Sheet Metal Workers’ National Pension Fund
By Daily Record Staff
POSTED: December 23, 2010
Tags: Employers Outside Bargaining Agreement, Labor Law, retirement benefits, U.S. District Court, Western District of New York
U.S. District Court, Western District of New York Labor Law Retirement Benefits — Employers Outside Bargaining Agreement Lynch v. Sheet Metal Workers’ National Pension Fund 08-CV-542 Judge Schroeder Background: An allegedly wrongful suspension of early retirement pension benefits is what gave rise to this case. The benefits are a part of a union employee benefit [...]
Labor Law: Lynch v. Sheet Metal Workers’ National Pension Fund
By Daily Record Staff
POSTED: December 22, 2010
Tags: Employers Outside Bargaining Agreement, Labor Law, retirement benefits, U.S. District Court, WDNY
U.S. District Court, WDNY Labor Law Retirement Benefits — Employers Outside Bargaining Agreement Lynch v. Sheet Metal Workers’ National Pension Fund 08-CV-542 Judge Schroeder Background: An allegedly wrongful suspension of early retirement pension benefits is what gave rise to this case. The benefits are a part of a union employee benefit plan governed by ERISA. [...]
Labor Law: Johnson v. The Small Mall LLC
By Daily Record Staff
POSTED: December 13, 2010
Tags: Appellate Division, Definition of ‘Scaffold’, Labor Law, Scaffold Law, Third Department
Appellate Division, Third Department Labor Law Scaffold Law — Definition of ‘Scaffold’ Johnson v. The Small Mall LLC 509963 Appealed from Supreme Court, Broome County Background: The plaintiff was injured while repairing roof trusses in the defendant’s building. To reach the trusses, repair workers walked on wooden joists located below and perpendicular to them. These [...]
Labor Law: Johnson v. The Small Mall LLC
By Daily Record Staff
POSTED: December 10, 2010
Tags: Appellate Division, Definition of ‘Scaffold’, Labor Law, Scaffold Law, Third Department
Appellate Division, Third Department Labor Law Scaffold Law — Definition of ‘Scaffold’ Johnson v. The Small Mall LLC 509963 Appealed from Supreme Court, Broome County Background: The plaintiff was injured while repairing roof trusses in the defendant’s building. To reach the trusses, repair workers walked on wooden joists located below and perpendicular to them. These [...]
Labor Law: Mullins v. City of New York
By Daily Record Staff
POSTED: November 17, 2010
Tags: class actions, Labor Law, overtime, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit Labor Law Overtime — Class Actions Mullins v. City of New York 08-1839-cv Appealed from the Southern District of New York Background: The plaintiffs are approximately 4,300 current and former New York City police sergeants who filed suit against the City of New York and the New York City [...]
Labor Law: Gasques v. State of New York
By Daily Record Staff
POSTED: October 22, 2010
Tags: Labor Law, New York State Court of Appeals, Scaffold Law
New York State Court of Appeals Labor Law Scaffold Law Gasques v. State of New York No. 156 Appealed from the Second Department Background: Claimant Wanderlei Gasques was injured while repainting the inside of a leg of the Kosciuszko Bridge, using a “spider scaffold.” His hand was injured when it became caught between the scaffold [...]
Labor Law: Matter of New York Charter School Association v. Smith
By Daily Record Staff
POSTED: October 20, 2010
Tags: charter schools, Labor Law, New York State Court of Appeals, Prevailing Wage
New York State Court of Appeals Labor Law Prevailing Wage — Charter Schools Matter of New York Charter School Association v. Smith No. 147 Appealed from the Third Department Background: The litigation was sparked by an opinion letter dated Aug. 31, 2007, in which the state Department of Labor declared the prevailing wage law mandate [...]
