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Notable Labor and Employment Disputes Cases

Notable Cases
Labor and Employment Disputes

Labor and Employment Disputes

The firm obtained a favorable decision for corporate defendants on a motion for conditional certification of a collective action in the United States District Court for the Southern District of New York. This case stands as one of the few cases where a Federal Court has denied a motion for collective certification in a so-called "FLSA/Wage-and-Hour" case.

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The firm successfully defended a corporate defendant and its principals against allegations of, inter alia, unpaid severance pay and wrongful termination in an action filed in the Supreme Court of the State of New York, County of New York. The firm secured a favorable and speedy resolution for the client by dismissing the action in the pre-pleading stage.

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Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of our clients, issued by the Honorable Magistrate Steven Gold of the United States District Court for the Eastern District of New York. In an unusual procedural posture, our clients, defendants in an FLSA action, filed a motion to approval a settlement agreement, over the objection of the plaintiffs, under controlling Second Circuit precedent that requires that stipulated dismissals settling FLSA claims with prejudice require the approval of the District Court.

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Levin-Epstein & Associates, P.C. won a bench trial before the Honorable Justice Denise L. Cote of the of the United States District Court for the Southern District of New York in an FLSA case. This case is highly significant for two reasons. First, the Court did not award attorneys’ fees to the plaintiff’s attorney because the total amount of unpaid wages aggregated only $92.50. Second, this case is the first federal court to hold, that the Court is not statutorily constrained to award damages for a violation of the record keeping requirement for a “notice” violation under NYLL § 195(1)(a) because  NYLL §198(1)(1-b), which controls the remedy for a violation of NYLL § 195 (effective December 29, 2014), by its very terms, does not mandate the imposition of damages. Thus, this case has precedential effect.

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Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of our clients, issued by the Honorable Justice Denise L. Cote of the of the United States District Court for the Southern District of New York. Following a bench-trial, the plaintiff’s attorney in an FLSA action filed an application for attorneys’ fees pursuant to the FLSA attorney-fee shifting provision. We successfully opposed the application as the Court awarded only two hours of recoverable attorneys’ time — $800 — for a case that went to trial.

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After two years of litigation, the firm obtained a complete dismissal with prejudice against our client who has been sued under the Fair Labor Standards Act. The United States District Court for the Southern District of New York dismissed the case for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).

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