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Recent News
July 2010
Sushiden Servers and Sushi Chefs Unpaid Tip and Overtime Suit
Former Servers and Sushi Chefs at Sushiden, a Manhattan company that operates sushi restaurants, have brought a federal lawsuit asking that Sushiden be ordered to pay them wages earned from July 2004 to the present. The lawsuit alleges that Sushiden took improper deductions from tips, failed to pay overtime, and engaged in other violations of federal and New York wage and hour laws. Plaintiffs are seeking class certification.
Current and former employees of Sushiden may be eligible to be part of the lawsuit if they worked as Servers, Sushi Chefs, or Maîtres d'Hôtel for Sushiden at any time since July 2004. The case, Hashimoto et al. v. Sushiden America, Inc. et al., Southern District of New York, Case Number 10 Civ. 5692, asks the court to order Sushiden to pay employees and former employees in the class for their unpaid tips, overtime, and other unpaid wages.
Plaintiffs are represented by Vladeck, Waldman, Elias & Engelhard, P.C. Please contact Maia Goodell (mgoodell@vladeck.com, 212-403-7357) for more information.
July 2010
(en español abajo)
Beverage Plus Drivers and Helpers Overtime Suit
Update: Court granted preliminary certification of FLSA collective action
Drivers and Helpers at Beverage Plus, a Queens-based beverage wholesale company, have brought a federal lawsuit claiming that Beverage Plus failed to pay them for overtime hours and took unlawful deductions from their paychecks between January 2004 and January 2010. The suit also alleges that Beverage Plus failed to pay its workers in accordance with federal and New York minimum wage laws and the New York spread of hours law.
Current and former employees of Beverage Plus may be eligible to be part of the lawsuit if they worked as Drivers or Helpers for Beverage Plus at any time between January 2004 and January 2010. The case, Merino, et al. v. Beverage Plus America Corp., et al., Southern District of New York, Case Number 10 Civ. 0706, asks the court to order Beverage Plus to pay employees and former employees in the class for their unpaid overtime work and for unlawful deductions from their paychecks.
The Court granted preliminary certification of an FLSA collective action on June 16, 2010. Plaintiffs will soon seek final class certification of their claims.
Plaintiffs are represented by Vladeck, Waldman, Elias & Engelhard, P.C. in collaboration with Brandworkers International. Please contact Daniel Gross (dgross@brandworkers.org, 917-577-1110) or Maia Goodell (mgoodell@vladeck.com, 212-403-7357) for more information.
Demanda de conductores y ayudantes contra Beverage Plus por horas extras
Actualizacion: Corte concede la certificacion preliminar de accion colectiva FLSA
Los conductores y ayudantes de Beverage Plus, un compañía mayorista basada en Queens, han iniciado una demanda a nivel federal acusando a Beverage Plus de falta de pagos por horas extras y deducciones ilícitas de sus nóminas desde enero del 2004 hasta enero del 2010. La demanda también acusa a Beverage Plus de no pagar a sus trabajadores de acuerdo con las leyes de salario mínimo federales y del estado de Nueva York y de la ley del estado de Nueva York sobre el número de horas de cada turno. Los demandantes piden certificación como clase.
Empleados actuales y anteriores de Beverage Plus pueden ser elegibles para formar parte de este demanda si trabajaron como conductores o ayudantes de Beverage Plus entre enero del 2004 y enero del 2010. La demanda, Merino, et al. v. Beverage Plus America Corp., et al., Southern District of New York, Número de Caso 10 Civ. 0706, pide a la corte una orden judicial para que Beverage Plus pague a sus empleados actuales y anteriores que sean miembros de la demanda colectiva por horas extra y por las deducciones ilícitas de sus nóminas.
La Corte concedió la certificación preliminar de una acción colectiva FLSA el 16 de junio de 2010. Demandantes pronto buscaran la certificación final de clase de sus reclamaciones.
Los demandantes son representados por Vladeck, Waldman, Elias & Engelhard, P.C. en colaboración con Brandworkers International. Por favor pónganse en contacto con Daniel Gross (dgross@brandworkers.org, 917-577-1110) o Maia Goodell (mgoodell@vladeck.com, 212-403-7357) para obtener más información.
October 2009 – Three of our partners were once again selected as "Super Lawyers" in the fields of labor and employment law in the Manhattan edition of New York Super Lawyers®, published by The New York Times in September 2009. We congratulate Anne C. Vladeck, Debra L. Raskin, and Anne L. Clark. Additionally, Anne C. Vladeck and Debra L. Raskin were listed among the top 100 lawyers and the top 50 women lawyers in Manhattan.
September 24, 2009 – We are pleased to announce that Gregory Chiarello has joined the Firm. Mr. Chiarello graduated from Rutgers University, with Highest Honors, in 2001 and received his law degree from Brooklyn Law School in 2006. Prior to joining Vladeck, Mr. Chiarello was a staff attorney for the Office of the Appellate Defender, a non-profit organization providing appellate and post-conviction representation to indigent persons.
June 8, 2009, the United States Court of Appeals for the Second Circuit affirmed an award in favor of plaintiff Beverly Zakre in her suit against her former employer, Norddeutsche Landesbank Girozentrale (Nord LB), a German bank. Ms. Zakre, who was formerly the Treasurer of the bank's New York office, prevailed before a jury in the District Court for the Southern District of New York on all of her claims of sex discrimination, retaliation, and hostile work environment in 2007. The Second Circuit affirmed an award of over $2.3 million, inclusive of economic damages, emotional distress damages, punitive damages and interest. Ms. Zakre was represented by Vladeck, Waldman attorneys Anne L. Clark and Karen Cacace.
On June 2, 2009, Loss Prevention Supervisors and Agents in Abercrombie and Fitch Stores in New York and New Jersey reached a preliminary resolution of a lawsuit claiming that Abercrombie failed to pay them for overtime prior to January 2007, in violation of federal and New York state law. The Court provided preliminary approval of a $150,000 settlement to be distributed among 61 employees. The case is Davis v. Abercrombie and Fitch Co., Southern District of New York, Case Number 08 Civ. 1859. A final hearing on the class certification and settlement will be held on September 10, 2009 at 2 p.m.
On January 29, 2009, a jury in the Federal District Court in the Southern District of New York returned a verdict in favor of the firm's client Arthur Sotak in his suit against McGraw-Hill Companies, Inc. Mr. Sotak, who was formerly a salesman for McGraw-Hill's Higher Education division, prevailed on his claim of age discrimination. The jury's verdict in favor of plaintiff was for over $351,000 plus attorneys' fees, costs and interest. Mr. Sotak was represented by Vladeck, Waldman attorneys Karen Cacace and Valdi Licul.
Three of our partners were named as "Super Lawyers" in the fields of labor and employment law in the Manhattan edition of New York Super Lawyers®, published by The New York Times in September 2008. We congratulate Anne C. Vladeck, Debra L. Raskin, and Anne L. Clark. Anne C. Vladeck and Debra L. Raskin were also named among the top 100 lawyers and the top 50 women lawyers in Manhattan.
On December 10, 2007, the firm's client, Anucha Browne Sanders, settled her claims of sexual harassment and retaliation against Madison Square Garden, Isiah Thomas and James L. Dolan. Terms of the settlement were not disclosed. The settlement concludes all litigation and appeals in the case. Ms. Browne Sanders was represented by Vladeck, Waldman attorneys Anne C. Vladeck, Kevin Mintzer and Karen Cacace.
On October 2, 2007, a jury in the Federal District Court in the Southern District of New York returned a verdict in favor of the firm's client, Anucha Browne Sanders, in her suit against Madison Square Garden, Isiah Lord Thomas III and James L. Dolan. Ms. Browne Sanders, who was formerly the Senior Vice President for Marketing and Business Operations for the New York Knickerbockers, prevailed on her claims of sexual harassment and retaliation. The jury's verdict in favor of plaintiff was for $11.6 million in punitive damages.
Three of our partners were named as "Super Lawyers" in the fields of labor and employment law in the Manhattan edition of New York Super Lawyers®, published by The New York Times in September 2007. We congratulate Anne C. Vladeck, Debra L. Raskin, and Anne L. Clark. Additionally, Anne C. Vladeck and Debra L. Raskin were named among the top 100 lawyers in Manhattan.
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