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Labor Law

Apr 25, 2019

New York Senate to hold hearing on farmworker labor rights

ALBANY, N.Y. (AP) — The Democrat-led New York state Senate is holding the first of three hearings dedicated to proposals to expand the labor rights of farmworkers. Under current law, agricultural workers aren’t allowed to unionize to demand better wages or conditions. Legislation known as the Farmworker Fair Labor Practice Act would change that and […]

Apr 27, 2015

Fourth Department – Labor Law: Miller v. Webb of Buffalo

Appellate Division, Fourth Department – Labor Law – No Causal Relationship – Plaintiff’s Own Conduct   Miller v. Webb of Buffalo CA 14-01716 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a Labor Law and common-law negligence action after he sustained injuries when he fell from a first floor windowsill of a […]

Apr 21, 2015

New York State Court of Appeals – Labor Law: Saint v. Syracuse Supply Company

New York State Court of Appeals – Labor Law – Engaged in Alteration – Lack of a Guardrail   Saint v. Syracuse Supply Company No. 35 Judge Rivera   Background: The plaintiff challenged the dismissal of his claims arising from work-related injuries suffered while the plaintiff was engaged in the installation and removal of a […]

Apr 17, 2015

Fourth Department – Labor Law: Carr v. McHugh Painting co, et al.

Appellate Division, Fourth Department – Labor Law – Duty of Care – Gravity – Industrial Code Violations – Motion to Amend   Carr v. McHugh Painting co, et al. CA 14-01267 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a Labor Law action after he was injured while installing a door on […]

Apr 16, 2015

Fourth Department – Labor Law: Buhr v. Concord Square Homes Associates

Appellate Division, Fourth Department – Labor Law – Material Handling – Use of a Backhoe   Buhr v. Concord Square Homes Associates CA 14-01641 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced a Labor Law and negligence action after sustaining injuries while assisting in the repair of a broken water pipe at […]

Mar 20, 2015

Fourth Department – Labor Law: Mitchell v. NRG Energy

Appellate Division, Fourth Department – Labor Law – Safety Device – Issue of Fact   Mitchell v. NRG Energy CA 14-00871 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a Labor Law and negligence action arising from the death of the decedent who was killed when the dump box of a dump […]

Mar 12, 2015

Fourth Department – Labor Law: Zimmer v. Town of Lancaster Industrial Development Agency

Appellate Division, Fourth Department – Labor Law – Performance of Work – Use of a Ladder   Zimmer v. Town of Lancaster Industrial Development Agency CA 14-01132 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a Labor Law and negligence action seeking damages for injuries he sustained while attempting to repair a […]

Feb 23, 2015

Fourth Department – Labor Law: Floyd v. New York State Thruway Authority

Appellate Division, Fourth Department – Labor Law – Struck by Elevated Object – Hoisted or Secured   Floyd v. New York State Thruway Authority CA 14-00046 Appealed from Court of Claims   Background: The defendant appealed from a judgment in favor of the claimant on the issue of liability. The claimant was working on a […]

Feb 18, 2015

Fourth Department – Labor Law: Banks v. LPCiminelli, Inc., et al.

Appellate Division, Fourth Department –  Labor Law – Presence of Safety Device – Partial Summary Judgment   Banks v. LPCiminelli, Inc., et al. CA 14-01161 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a Labor Law action after sustaining injuries when he attempted to lift a bundle of insulation to a coworker […]

Jan 26, 2015

Fourth Department – Labor Law: Nevilee v. Chautauqua Lake Central School District, et al.

Appellate Division, Fourth Department – Labor Law – Corrosive Substances – Protective Equipment   Nevilee v. Chautauqua Lake Central School District, et al. CA 13-01946 Appealed from Supreme Court, Chautauqua County   Background: The plaintiff alleged that the defendants violated Section 241 (6) of the Labor Law requiring that protective equipment be provided to employees [[...]

Dec 9, 2014

Second Circuit – Labor Law: Ramos v. SimplexGrinnell

U.S. Court of Appeals for the Second Circuit – Labor Law – Agency Deference in Interpretation – Scope   Ramos v. SimplexGrinnell 12-4901-cv Judges Calabrese, Livingston and Chin   Background: The plaintiffs appealed from the grant of summary judgment in favor of the defendant on breach of contract claims arising from the defendant’s failure to pay […]

Oct 22, 2014

Fourth Department – Labor Law: Miles v. Buffalo State Alumni Assoc., et al.

Appellate Division, Fourth Department – Labor Law – Elevation Differential – Toppled Cart   Miles v. Buffalo State Alumni Assoc., et al. CA 13-02035 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a Labor Law action after being struck by drywall that had toppled out of a cart. The cart also toppled over […]

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