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” Following is an excerpt: A New York federal court recently declined to certify under Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”) six classes of salaried “apprentices” at Chipotle restaurants asserting claims for overtime pay under New York Labor Law (“NYLL”) and parallel state laws in Missouri, Colorado, Washington, Illinois, and North Carolina, on the theory that they were misclassified as… [read post]
25 Aug 2009, 9:01 pm
Defense Motions to Dismiss Class Action Granted because Allegations in Class Action Complaint Failed to Meet Rule 9(b)’s Requirements for Pleading Fraud with Specificity and because Class Action’s Allegations Failed under Rule 12(b)(6) New York Federal Court Holds Plaintiffs filed a putative class action against Merrill Lynch entities, Morgan Stanley entities, Citigroup entities, Charles Schwab entities and Wachovia entities, alleging… [read post]
10 Jul 2013, 11:36 am by Sheppard Mullin
The Second Circuit certified questions to the New York Court of Appeals regarding the interpretation of New York Labor Law §196-d, which governs tip-pooling. [read post]
9 Oct 2009, 12:10 pm
The New York Court of Appeals – the state’s highest court -is about to consider an important property rights case, Goldstein v. [read post]
15 Jun 2017, 9:26 am by Phillips & Associates
The post Sexual Harassment Class Action Against Jewelry Retailer Includes 69,000 Complainants appeared first on New York Employment Attorney Blog. [read post]
30 Jul 2009, 4:12 am
State Civil Service Commission's action placing certain competitive class positions in the noncompetitive class annulledMatter of Brynien v New York State Dept. of Civil Service, 2009 NY Slip Op 31656(U), July 25, 2009 Supreme Court, Albany County, Docket Number: 2144/09, Judge: Joseph C. [read post]
15 Jul 2011, 12:52 pm by alynch
In New York, a federal judge ruled that about 600 employees of SimplexGrinnell, a unit of Tyco International Ltd, can proceed with a class action suit alleging that they were underpaid. [read post]
However, a September 2019 New York State intermediate appellate court decision – Vega v. [read post]
7 Aug 2012, 2:05 pm by Wystan M. Ackerman
County, filed Aug. 1, 2012):  The complaint in this lawsuit alleges that AIG and one of its subsidiaries, New Hampshire Insurance Company, have failed to comply with the “made whole” doctrine as applicable in New York by retaining subrogation recoveries without making the insureds whole to the extent required by New York law. [read post]
26 Aug 2007, 1:10 pm
The Fourth Amendment claim had been previously upheld eleven years ago by the New York Court of Appeals in Brown v. [read post]
6 Feb 2017, 2:01 pm by Howard S. Altarescu
  On Monday, January 31, 2017, a federal district court in the Southern District of New York granted a motion to compel arbitration in Bethune v. [read post]