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Board Decisions
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR 10-329 | 07/22/2015 | Haull 4 PFS, Inc. | Wage order affirmed where Board found claimant was employee of petitioner trucking company when he was hired as truck driver by petitioner to make deliveries for petitioner in truck leased by petitioner on routes determined by petitioner at rate established by petitioner. That petitioner might have been transitioning from one corporate entity to another did not alter Board's finding. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR 11-104 | 06/10/2015 | Robert H. Weiss | Petition granted in part and denied in part. Based on record, Board modified wage and vacation pay orders to reduce amounts due and give petitioner credit for amount paid in a small claims court action settlement. Board found that there was no deferred compensation due since any promised payment was contingent on profitability. |
| PR 11-260 | 06/10/2015 | Richard M. Aufrichtig and Aufrichtig Brothers Inc. (T/A Big Apple Produce Market) | Petition granted in part and denied in part. At hearing, wage order amended to reflect wages owed only for six-year period from date respondent notified petitioners of claims against them and respondent revoked penalty order. Board found that laches did not bar issuance of orders because employers are required by law to maintain for six years payroll records indicating time worked by, and wages paid to, employees. Although prosecution of matter delayed because respondent did not notify petitioners they were under investigation until March 2011 for claims filed in November and December 2006, Board concluded that there is no exception that allows employer to dispose of records in fewer than six years because it has gone out of business or for any other reason, and concluded that where wage order, as amended, seeks to recover unpaid wages only for six years from date petitioners notified of investigation, there was no prejudice to petitioners when weighed against strong public policy of enforcing wage and hour laws. |
| PR 13-064 | 06/10/2015 | Yolonda D. Braham a/k/a Yolonda D. White | Petition granted and supplemental wage order for unpaid vacation time revoked with respect to petitioner. Petition did not dispute that claimants were owed vacation pay or amounts claimed in supplemental wage order, but stated that petitioner was never claimants' employer. Applying "economic reality test," Board found that petitioner met burden of proof in showing that it was not valid and reasonable to hold her personally liable as a statutory employer in that there was no reliable or decisive evidence showing she a) had power to hire and fire employees, b) controlled claimant work and vacation schedules or had authority to act on her own in this regard, c) had anything to do with illegal failure to pay earned vacations or with financial problems that caused failure, d) was involved in setting wage rates, methods of payment, vacation policy or other parameters for employment or had authority to do so, or e) maintained employment and personnel records and employee time cards. |
| PR 13-163 | 06/10/2015 | Gregorio Estevez (T/A Gregory's Home Improvement) | Wage order affirmed where day laborer was an employee and not an independent contractor. Claimant was hired and supervised by petitioner, who decided how work was to be performed and obtained licenses and permits; work was same work ordinarily performed by petitioners; there was no written contractor's agreement. Claimant had no opportunity for profit and loss, the job did not require special skills or initiative and there was no evidence that claimant had his own business. |
| PR 14-004 | 06/10/2015 | Muhammad W. Qureshi and Sunshine Grill & Restaurant, Inc. | Petition granted in part and denied in part. At hearing, petitioners admitted they did not maintain required wage and hour records; nevertheless, Board found respondent' approximation of hours worked and wages owed not supported by record. One claimant found to be owed no wages as regular rate of pay more than required minimum wage for time she worked. Second claimant acknowledged he had received $2,000.00 payment from petitioners to settle matter; Board offset settlement amount against wages owed of $432.80 and found none owed. Liquidated damages affirmed as third-party settlement did not bar respondent from collecting liquidated damages. |
| PR 14-088 | 06/10/2015 | Julianne W. Beckerman | Petition granted in part and denied in part. Minimum wage order revoked after Board found that although petitioner failed to provide adequate payroll records, she met her burden of proof to show minimum wage order invalid or unreasonable through credible and consistent witness testimony at hearing. Claimant's account of hours and duties was contradicted by her own testimony at hearing and not credible; no other evidence corroborated her claims. Supplemental wage order modified to limit vacation pay to one week and respondent directed to recalculate interest, civil penalty and liquidated damages after Board found that when employer has paid vacation leave policy, such benefit must be paid in accordance with established terms, and absent specific policy providing for forfeiture of accrued vacation pay, it must be paid notwithstanding termination of employment. |
| PR 14-120 | 06/10/2015 | James T. Metz III, Alicia Harding Metz, Lauren H. Simons, and GRJH, Inc. (T/A Cobble Pond Farms) | Petitioners did not challenge wage or penalty order in petition; issues related to those orders waived and those orders affirmed. Supplemental wage order for two weeks of vacation pay revoked as invalid and unreasonable because petitioners met their burden of proof by showing claimant had received, and acknowledged receipt of, employee manual that set out that earned vacation time would be forfeited upon termination. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR 11-092 | 04/29/2015 | James A. Kane and A & A Private Investigations & Security, Ltd. (T/A A & A Investigation & Security) | Wage order affirmed for failure of petitioners to meet their burden of proof where they failed to pay overtime wages to security guard employee for hours he worked over 40 per week. Petitioners also failed to maintain time records of actual hours worked and adequate payroll records demonstrating claimant's rate of pay. Only evidence offered at hearing was general and imprecise testimony that claimant never worked overtime and was not paid for portion of claim period at rate stated in his claim. |
| PR 11-308 | 04/29/2015 | Yook Wah Chu and Lucky Horse (NY) Corp. (T/A Fulton Chef) | Minimum wage order affirmed as amended by respondent during hearing to remove one claimant where petitioner restaurant operators did not meet burden of proof; minimum wage owed reduced, and liquidated damages, interest, and civil penalty also modified. |
| PR 11-334 | 04/29/2015 | Yat Sam Chang A/K/A Kelley Y Chang and Kam Fook Cheong and Jia & Jae, Inc. (T/A Hunan Village) | Wage order affirmed; tip appropriations order modified to reduce both appropriated tips due and civil penalty, and to recalculate interest on new principal. Tip appropriations order modified, based on record, where one claimant testified that she could recall only one instance of petitioners taking her tips, making respondent' tip order unreasonable with regard to her. |
| PR 12-092 | 04/29/2015 | Robinson Leon | Minimum wage order and penalty order revoked where there was no valid and reasonable basis to find that newspaper hawkers were employees, rather than independent contractors. |
| PR 12-157 | 04/29/2015 | Joseph Ventura and William Tell Services, LLC (T/A William Tell financial Services) | Petition dismissed where financial broker co-employers' argument that claimant received non-employee compensation was unavailing; wage and penalty orders upheld where petitioners were found to have employed claimant and failed to pay her overtime compensation. |
| PR 14-062 | 04/29/2015 | Ammar A. Zabarah (T/A Guy R. Deli) | March 11, 2015 decision clarified and reissued, to clarify that the only modification to the minimum wage order was that the applicable wage orders are Minimum Wage Order for the Restaurant Industry (12 NYCRR Part 137) and Wage Order for the Hospitality Industry (12 NYCRR Part 146), rather than Wage Order for Miscellaneous Industries (12 NYCRR Part 142) ); as so modified, affirmed and penalty order affirmed. |
| PR 14-082 | 04/29/2015 | Richard Russell and Richland Equity Resources Corp. | Petition dismissed pursuant to Board Rule 65.24 when petitioners failed to appear and made no application for reinstatement. |
| PR 14-201 | 04/29/2015 | John Voyiatzis and Johnny G' Restaurant, Inc. | Petition dismissed pursuant to Board Rule 65.24 when petitioners failed to appear and made no application for reinstatement. |
| PR 14-253i | 04/29/2015 | Patrick Holiday and Debra Holiday (T/A Country Coach Catering) | Interim Decision: After April 7, 2015 letter from petitioner notifying Board that petitioners never received Board's letter directing them to file amended petition, March 11, 2015 decision dismissing petition revoked, and petitioners directed to timely file amended petition. |
| PR 14-280 | 04/29/2015 | Helmer Toro and The First Toro Family Limited Partnership (T/A H&H Bagels) | Petition dismissed pursuant to Board Rule 65.24 when petitioners failed to appear and made no application for reinstatement. |
| PR 14-307 | 04/29/2015 | Marilyn Shehebar | Motion to dismiss untimely petition granted. |
| PR 14-329i | 04/29/2015 | Patricia Towle and Tatra Farm LLC and Tatra Farm Operating Corp. | Interim Decision: Respondent's motion to dismiss petition as untimely denied where service of respondent's orders defective because each individual or entity named therein was not served with a copy of orders. |
| PR 14-343 | 04/29/2015 | Alan Walkow | Withdrawal of orders with respect to petitioner approved; proceeding dismissed. |
| PR 14-347i | 04/29/2015 | Rosa A. Mejia and La Nueva Cocina Restaurant, Inc.) | Interim decision: Amendment and reissuance of orders requested by respondent approved; any interest suspended that has accrued between February 23, 2015, and date amended orders served. |
| PR 15-013 | 04/29/2015 | Silvia Brodrick (T/A Jordanville Farm) | Untimely petition dismissed per Board Rule 66.3 (d). |
| PR 15-055 | 04/29/2015 | Karen Zapata | Untimely petition dismissed per Board Rule 66.3 (d). |
| PR 15-065 | 04/29/2015 | CJF Construction, Inc. | Untimely petition dismissed per Board Rule 66.3 (d). |
| CI 11-003 | 04/29/2015 | The Pedicab Union Association Inc. | Corporate Instrument - discontinued without prejudice. |
| CI 15-006 | 04/29/2015 | Certificate of Amendment of the Certificate of Incorporation of New York State Correctional Officers and Police Benevolent Association, Inc. | Corporate Instrument - Approved. |
| CI 15-007 | 04/29/2015 | Town of Tuxedo Police Benevolent Association, Inc. | Corporate Instrument - Approved. |
| CI 15-008 | 04/29/2015 | United Transit Leadership Organization Inc. | Corporate Instrument - Approved. |
| CI 15-009 | 04/29/2015 | Council of Urban Real Estate | Corporate Instrument - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR11298 | 03/11/2015 | Luchia McSweeney | Orders affirmed and petition dismissed where petitioner failed to meet her burden of proof to show she was not claimants' employer; as day laborers, claimants were employees, not independent contractors because petitioner hired and fired them, set their wages and hours of work, and directed and supervised work they did. Further, claimants did not have business of their own or workers compensation insurance, and while one claimant had his own tools, petitioner supplied materials; claimants had no investment in business and no opportunity for profit or loss from their work, other than their own labor. Claimants' day-to-day work reflects nature of short-term labor in home repair/construction industry and not their success in marketing their skills independently. |
| PR12059 | 03/11/2015 | Barbara Waltuch (T/A Barbara Waltuch, Esq.) | Petitioner's counsel requested postponement of hearing due to court engagement on same date, but failed to substantiate said engagement when requested to do so. His second request to postpone hearing, for medical reasons, was received after hearing had taken place; neither petitioner, nor her counsel attended hearing although adjournment had not been confirmed. Petitioner was given opportunity to substantiate medical condition requiring second postponement of hearing, and to establish good cause for reinstatement. She failed to do either and petition was dismissed. |
| PR12173 | 03/11/2015 | Bruce D. Zipes, Joel P. Goldberg and Brumeljo Inc. (T/A Bruce's Bakery) | 2010 stipulation of settlement required entry of judgment, but when petitioners defaulted after making partial payment, respondent issued orders. Stipulation of settlement was drafted by respondent, which had waived authority to issue order under Labor Law § 218 in favor of settling claims without need for further administrative action, making orders invalid and unreasonable. Orders revoked. |
| PR13079 | 03/11/2015 | Linas Smoriginas and Linas Construction, Inc. | Petition granted in part and denied in part. Orders against Linas Construction, Inc. revoked after respondent stipulated that it had been named improperly in orders. Orders against Linas Smoriginas affirmed. Claimant carpenter was employee, and not independent contractor of construction firm where claimant, although skilled carpenter, was not in business for himself and did not have workers compensation insurance, and where petitioner hired claimant, set his work schedule and hourly rate of pay, supervised his work, approved additional work requested by client, required him to keep track of hours of extra work, and reviewed his work with client prior to being paid. |
| PR13158 | 03/11/2015 | Christopher Murphy | Petitioner sought review of respondent's decision not to pursue wage claim petitioner had filed. Respondent moved to dismiss petition for lack of jurisdiction. Under Labor Law § 101, Board only has jurisdiction to review respondent' rules, regulations or orders and lacks authority to review decision. Petition dismissed. |
| PR14062 | 03/11/2015 | Ammar A. Zabarah (T/A Guy R Deli) | Deli owner, who did not maintain payroll records, received notice in 2013 of a claim filed in 2005. The duty to maintain records for six years relates back from the date when the petitioner is notified of the claim. Petitioner had burden of proof pursuant to § 196-a only for the six-year period 2007-2013. Contrary to parties' agreement that Minimum Wage Order for Miscellaneous Industries applied, Minimum Wage Order for Hospitality Industry (12 NYCRR Part 146) applied; there was no need to recalculate wages because the minimum wage requirements for this petitioner were the same under both. Civil penalty in wage order revoked as arbitrary because respondent failed to adequately explain basis for penalty. |
| PR14207 | 03/11/2015 | Roy A. Dean and The Office, Inc. | Petition dismissed as untimely; petitioner argued that petition was timely, pursuant to CPLR 2103 (b) (2)'s 'mailbox rule,' which adds five days for service by mail. This argument inapplicable as Board is quasi-judicial administrative agency within Executive Branch, governed by its own rules of procedure; CPLR is not binding. Ref: Petition of Patrik Harmanicin Construction, PR 09-256 (June 23, 2010). |
| PES 12001 | 03/11/2015 | New York City Housing Authority | Respondent's motion to strike substantive allegations in petition granted, leaving no grounds for finding orders invalid or unreasonable; identical claims raised by petitioner in earlier proceedings have been rejected (Matter of the Petitions of City of New York Department of Administration Services et al., Docket Nos. PES 10-003, 10-004, 10-005, 10-016 and 11-007 [June 7, 2011], affirmed sub nom Matter of The City of New York v Commissioner of Labor, 44 Misc 3d 612 [Sup Ct, New York County 2014]), requiring that motion to strike be granted and petition dismissed. |
| CI15001 | 03/11/2015 | Harlem Taxi Workers Association, Inc. | Corporate Instrument - Approved. |
| CI15002 | 03/11/2015 | Safety Professional Association Inc. | Corporate Instrument - Approved. |
| CI15003 | 03/11/2015 | Physical Therapy Collective Negotiations Committee Inc. | Corporate Instrument - Approved. |
| CI15004 | 03/11/2015 | Brighton Police Patrolman' Association, Inc. | Corporate Instrument - Approved. |
| CI15005 | 03/11/2015 | Fairport Police Benevolent Association, Inc. | Corporate Instrument - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR12045 | 01/28/2015 | Mohammed Khalid A/K/A Khalid Butt (T/A Little Pakistan Deli) | Order finding wages due deli-employee claimants affirmed where Petitioner did not have contemporaneous records of hours worked or wages paid. Reasonable and valid for Commissioner to use consistent employee statements (including employees' written claims and interview reports) as best available evidence to calculate wages due. |
| PR13194 | 01/28/2015 | Jason Moodie, David Sandberg, and Aqua Marlborough, LLC (T/A Hudson Valley Car Wash) | First petition deemed abandoned and dismissed August 2014. (Petitioners failed to timely provide Board with updated contact information; notice of pre-hearing conference and rescheduled pre-hearing conference returned by US Postal Service. Board Rule 65.4 requires prompt communication of any change in contact information; failure to do so deemed waiver of right to notice and service.) Petitioners filed second petition, asserting same claims as in first petition, but did not address its dismissal. Proper procedure to address failure to appear at hearing is request for reinstatement within five days of scheduled hearing, in the absence of extraordinary circumstances, or upon showing of good cause. Petitioners did not make timely request for reinstatement, failed to show good cause for failure to appear at first hearing and for untimely filing of second petition (nearly one year after date of orders appealed). Second petition dismissed as untimely; no basis for reinstatement of first petition. |
| PR14042 | 01/28/2015 | Richard Harary and Rajo, Inc. (T/A Richard' Interior Design) | Petition dismissed where petitioners failed to appear for hearing after request for adjournment denied because request, sent on eve of hearing, was supported by overly general and speculative doctor's note, and where petitioners failed to submit timely application for reinstatement. |
| PR14214 | 01/28/2015 | Dimitri A. Grivas and Arma International, Inc. | Petition filed with Board more than 60 days after date orders issued; respondent moved to dismiss petition as untimely. Petitioners opposed motion, arguing petition was timely due to fact that petitioners had been in settlement discussions and, petitioners claimed, had been told that filing of petition might limit respondent's ability to settle; this is legally insufficient reason. Respondent's motion to dismiss untimely petition granted; petition dismissed. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR 10361 | 12/17/2014 | Russ D. Gerson and The Gerson Group LLC | Decision issued 11/5/14 modified to correct math error, and reissued. |
| PR 11049 | 12/17/2014 | Edward Lillie | Order finding wages due to a dairy farm employee was revoked because it was incorrectly issued under Article 19 of the Labor Law. The Order should have been issued under Article 19-A, which applies to farm workers. |
| PR 11086 | 12/17/2014 | Ashraf Elgharib abd CD Broadway Food Corp. (T/A Associated Supermarket). | Order finding wages due to supermarket employees affirmed where employer did not have records of the hours worked or wages paid. Commissioner used the employee statements to calculated wages due, which was the best available evidence. However, the order was revoked with respect to unknown workers, because the Commissioner did not prove the number of unknown workers or their hours worked by a preponderance of the evidence. Order finding petitioners violated Labor Law § 193 was affirmed where evidence demonstrated that petitioners unlawfully required employees to purchase carts to be used to make deliveries. |
| PR 11156 | 12/17/2014 | Jeffrey C. Gannon and Gala Construction of Dutchess County, Inc. | Order finding wages due affirmed where in the absence of payroll records, Commissioner used the best available evidence to determine the amount of unpaid wages; however, petitioners were credited with wages they proved had already been paid so the amount of wages due was reduced. The civil penalty was revoked where the petitioners demonstrated good faith and that they had cooperated in the investigation, but liquidated damages were affirmed because the petitioners did not prove that they had a good faith belief that the wage underpayments were in compliance with the law. |
| PR 11242 | 12/17/2014 | Mitchell B. Nesenoff and CES Industries, Inc. | Order finding wages owed was affirmed where the petitioners' "lazy" recordkeeping made it impossible to determine what time periods alleged wage payments covered. Order finding supplements (vacation pay) due was also affirmed, where claimants' testimony concerning the petitioners' vacation policy was unrebutted. Civil penalties portion of the orders was, however, revoked where the Commissioner provided no statutory basis for the imposition of a 200% civil penalty. |
| PR 13-055 | 12/17/2014 | Rafael Martinez | Wage orders affirmed where Board finds that claimant was hired and permitted and suffered to work as a laborer on construction jobs performed by petitioner over a six year period. An employment relationship thereby existed between petitioner and the claimant and petitioner is liable for wages owed under the Labor Law. |
| CI 14016 | 12/17/2014 | Plumbers For A Stronger Union NYC Inc. | Corporate Instrument - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR 10-188 | 11/05/2014 | Krista Schultz and RKJ Interests LLC | Wage order affirmed where claimant was hired as an art director to complete art projects on advertising accounts that petitioner took over from advertising agency that was claimant's former employer. Board finds that as a matter of economic reality claimant was dependent on petitioners' business to render service and she was therefore an employee owed wages under the Labor Law, not an independent contractor. |
| PR 10361 | 11/05/2014 | Russ D. Gerson and The Gerson Group LLC | Discretionary income in the form of bonuses or incentive compensation was not wages under Labor Law \§ 190 because the bonuses were contingent and not solely based on the employees' personal performance. |
| PR 12-031 | 11/05/2014 | Aldo R. Mosquera and H.A.B. Inc. (T/A Home Boys Auto Boutique) | Order against tire dealer affirmed as modified where Petitioner failed to meet burden of proving he was not personally liable. Order modified as to one of the two claimants where the record did not support minimum wage underpayment. |
| CI 14014 | 11/05/2014 | Union & Dixie, Inc. | Corporate Instrument - Approved. |
| CI 14015 | 11/05/2014 | International Labor and Working Class History, Inc. | Corporate Instrument - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR10331 | 09/24/2014 | Howard Goldberg | Order finding commissions due to claimants affirmed where petitioner did not produce records, which were kept out of state, to prove commissions had been paid. |
| PR11186 | 09/24/2014 | Petula Gianopoulos Sikiotis a/k/a Yiota Sikiotis | Orders against individual petitioner affirmed where credible testimony demonstrated that she hired, fired, trained, supervised and controlled conditions of employment, and maintained employee records. |
| PR14072 | 09/24/2014 | Sin-Tung Chan and Wan Xing Long, Inc. | Interim decision: Petition filed after 60 day statute of limitation deemed timely where service was defective in that service of orders at closed business was not reasonably calculated to give notice. |
| CI14007 | 09/24/2014 | New York City Coalition of Operating Engineers, Inc. | Corporate Instrument - Approved. |
| CI14011 | 09/24/2014 | Igbo World Union USA, Inc. | Corporate Instrument - Approved. |
| CI14012 | 09/24/2014 | Student Union, Inc. | Corporate Instrument - Approved. |
| CI14013 | 09/24/2014 | The Union Works, LLC. | Corporate Instrument - Disapproved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR10285 | 08/01/2014 | Guolin Shi and The Society of Shaolin Temple, Inc. | Order affirmed in part and modified in part, where Commissioner's determination that kung fu instructors were employees of the petitioners was unreasonable with respect to those instructors who were exempt because they were members of a religious order. Ref: Labor Law § 651 (5) (g). |
| PR10339 | 08/01/2014 | Firequench, Inc. | Claimants employed as fire safety technicians by fire safety company found to be employees, and not independent contractors, where petitioner exercised pervasive control over their duties; claimants worked on an hourly basis and had no opportunity for profit or loss from the business; the duration of their employment was intended to be continuous and long term; and their work of maintaining fire alarm systems was integral to the employer' business. |
| PR10375 | 08/01/2014 | Joseph P. Barchitta | Wage order affirmed for failure of petitioner to meet his burden of proof in two cases where petitioner, a building contractor, employed carpenters on construction sites and failed to pay wages owed. |
| PR11241 | 08/01/2014 | Joseph P. Barchitta | Wage order affirmed for failure of petitioner to meet his burden of proof in two cases where petitioner, a building contractor, employed carpenters on construction sites and failed to pay wages owed. |
| PR11040 | 08/01/2014 | Michael Caruso | Car dealer was personally liable for sales commissions and fringe benefits. In absence of written commission agreement, petitioner did not rebut the presumption that the terms presented by the claimant were the agreed upon terms. Claimants did not waive the protections of the labor laws when they continued to work knowing of the petitioner' precarious financial condition. |
| PR11184 | 08/01/2014 | Gary Hsin Liang (T/A Happy Lemon Inc.) | Order affirmed where petitioner failed to meet his burden of proof to show he was not claimant' employer. |
| PR11338 | 08/01/2014 | Richard Tagliarino, Nancy Hayden, and Talent Tour USA, Ltd. (T/A Dance XPlosion) | Wage order revoked where dance competition and individual petitioners met burden of proof with credible evidence that there was no agreement to pay claimant a fixed weekly salary. |
| PR12016 | 08/01/2014 | Muna Gowandan | Petitioner, the widow of a UN employee who originally brought claimant, a domestic worker to the US to work in their home on a G-5 visa, was also the claimant's employer. Petitioner's testimony that claimant was a tenant who lived rent free was not credible and rebutted by credible testimony that she worked 42 hours per week and was never paid for her work. Claimant and corroborating witnesses proved that petitioner supervised and controlled claimant's work and conditions of employment, and claimant's duties included working for petitioner's babysitting business. |
| PR12034 | 08/01/2014 | Hudson Valley Mall Dental | Petitioner challenged the Department of Labor's determination that petitioner' dental assistants should be classified as manual workers under the Labor Law. The Board found that dental assistants do not fall within traditional conceptions of manual workers under the Labor Law and that the Order was unreasonable and must be reversed. |
| PR14085 | 08/01/2014 | Kenny Deng Feng Chan | Interim decision: Petition filed after 60 day statute of limitation deemed timely where service was defective in that orders were served at closed business was not reasonably calculated to give notice. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR11051 | 07/01/2014 | Julio Cesar Mejia II (T/A Willy's Service Center) | Petition dismissed where mail from Board to petitioner was returned by post office and petitioner failed to notify the Board of new address. Ref: Board Rule 65.4 (12 NYCRR 65.4) |
| PR13188 | 07/01/2014 | Juan Reyes and Lightwave Engery | Orders modified to remove petitioners. |
| PR13198 | 07/01/2014 | Jeanette De Delyra a/k/a Jean De Lyra Ehrlich and Dan Ehrlich and Alice' of Oyster Bay, Inc. | Untimely petition dismissed. |
| CI14005 | 07/01/2014 | Domestic Worker Legacy Fund, Inc. | Corporate Instrument - Approved. |
| CI14008 | 07/01/2014 | Transit Employees Association Inc. | Corporate Instrument - Approved. |
| CI14010 | 07/01/2014 | Frente Hispano-Local 79 Inc. | Corporate Instrument - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR11017 | 05/22/2014 | Young Hee Oh a/k/a Young H. Oh, and Cheong Hae Corp. (T/A Cheong Hae Restaurant) | Wage order affirmed against restaurant and individual who admitted employing 36 employees where no payroll documents were provided and petitioners' testimony was too inconsistent and conclusory to meet the burden of proof. Admitted employees listed on the order by first name only were not "unidentified" or "unknown." Wage order revoked as to 74 individuals where petitioners set forth a prima facie case that they were not employed and DOL failed to rebut petitioners' testimony. 200% penalty modified to 100% where respondent failed to prove a repeat violation or that petitioners' actions were willful or egregious. |
| PR11045 | 05/22/2014 | Evangelis Gritsipis and Apostolos Gritsipis and Paul's Pizza, Inc. | Orders affirmed. Petitioners, in the absence of wage and hour records, failed to meet their burden of proof to show that the wages found due by the Commissioner of Labor were invalid or unreasonable. |
| PR11202 | 05/22/2014 | Jacob Lebowitz and Cohen and Cohen, Inc. | Application by Commissioner to grant the petition with respect to interest and civil penalties approved. |
| PR11375 | 05/22/2014 | Orders affirmed where petitioners failed to meet their burden of proof that the orders were invalid or unreasonable. | Orders affirmed where petitioners failed to meet their burden of proof that the orders were invalid or unreasonable. |
| PR12059 | 05/22/2014 | Barbara Waltuch (T/A Barbara Waltuch, Esq.) | Petition dismissed where petitioner failed to appear at hearing, and application for reinstatement denied because good cause to excuse default was not established. |
| PR13128 | 05/22/2014 | Michael Caruso | Commissioner' application to withdraw orders granted without prejudice. |
| PR13163 | 05/22/2014 | Gregorio Estevez (T/A Gregory's Home Improvement) | Wage order affirmed where day laborer was an employee and not an independent contractor. Claimant was hired and supervised by petitioner, who decided how work was to be performed and obtained licenses and permits; work was same work ordinarily performed by petitioners; there was no written contractor's agreement. Claimant had no opportunity for profit and loss, the job did not require special skills or initiative and there was no evidence that claimant had his own business. |
| CI14007 | 05/22/2014 | New York City Coalition of Operating Engineers | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| CI14006 | 04/10/2014 | Economic Development Council Inc. | Certificate of Incorporation - Approved. |
| CI14005 | 04/10/2014 | Domestic Workers Legacy Fund, Inc. | Application for Authority - Approved. |
| CI14004 | 04/10/2014 | New York State Supreme Court Officers Association, Inc. | Certificate of Incorporation - Approved. |
| CI13011 | 04/10/2014 | International Association of Fire L3316 Town of Manlius, Inc. | Certificate of Incorporation - Approved. |
| PES10011 | 04/10/2014 | Mt. Vernon City School District | Petition dismissed for failure to file an amended petition. |
| PR13202 | 04/10/2014 | John J. Gioino and Superior Landscaping of L.I. Inc. (T/A Superior Landscaping Design) | Petition dismissed where petitioners failed to amend the petition and comply with Board rules. |
| PR13145 | 04/10/2014 | Dolshe Gulsen and Style Icon LLC | Motion to dismiss untimely petition granted. |
| PR11203 | 04/10/2014 | Jong Hak Choi (T/A Rosemary Farm) | Motion for reconsideration granted and decision of February 27, 2014 corrected and reissued because of mathematical error in calculations. |
| PR11151 | 04/10/2014 | Stephen B. Sacher, Travco Inc., and Sacher & Co., CPA, P.C. | Order affirmed against individual, accounting company and business brokerage where individual hired, fired, supervised and controlled work of claimant, set pay rates and approved claimant's work hours and claimant worked for both companies under individual employer' direction and control. |
| PR10293 | 04/10/2014 | Kong Ming Lee, Fee Yin Lee and Blue Butterfly Fashion, Inc. | Individual petitioner held to be an "employer" under the "economic reality" test to determine employer status under the Labor Law, as petitioner was found to have authority to supervise and control employees' schedules and conditions of employment; was a manager in charge of payroll with authority to control the means and method of payment; and had requisite authority to maintain employment records. Commissioner' determination that employees of apparel manufacturer worked overtime hours affirmed, but calculation of wages owed modified as to the number of overtime hours worked, number of employees, and period of underpayment. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09148 | 02/27/2014 | Nicola Marzovilla and Valdome, Inc. (T/A iTrulli) | January 2014 decision modified to correct dates during which accrual of interest was suspended. |
| PR10301 | 02/27/2014 | Joseph L. Maddi, MD and Joseph L. Maddi, Physician, P.C. | Motion to dismiss petition granted where petitioner's sole argument was that the Board proceeding was subject to an automatic stay in Bankruptcy. |
| PR11094 | 02/27/2014 | Rahman Arshad | Order revoked against individual where he testified that his involvement with the restaurant did not begin until after the claim period. |
| PR11174 | 02/27/2014 | Ji Sung Yoo and Kum Kang Inc. (T/A KumGangSan) | Petitioners failed to meet their burden of proving that DOL audit was unreasonable or invalid based on insufficient credit given for meals or meal periods. |
| PR11180 | 02/27/2014 | Leo Tsimmer | Petition granted where individual proved that he was not an employer within the meaning of the law. |
| PR11203 | 02/27/2014 | Jong Hak Choi (T/A Rosemary Farm) | Orders affirmed and modified where petitioner fruit stand had some payroll records but insufficient time records. |
| PR12042 | 02/27/2014 | Pia L. Lieb (T/A Pia L. Lieb DMD PC) | Employee was entitled to be compensated for hours worked where employer knew or should have known that the employee worked those hours even if they were not on the time records. |
| PR13061 | 02/27/2014 | Long Xiu Zhao and Royal Bodywork Spa Corp. | Petition dismissed where petitioners were not named in the order and lacked standing. |
| PR13175 | 02/27/2014 | Sharon Reed Coluccio and Savario S. Coluccio and Fleet Street International Haircutters, Inc. | Motion to dismiss untimely petition was granted. |
| CI14001 | 02/27/2014 | Fulton County Deputy Sheriffs' Police Benevolent Association, Inc. | Certificate of Incorporation -; Approved. |
| CI14002 | 02/27/2014 | US-China Education Promotion Council, Ltd. | Certificate of Incorporation -; Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09148 | 01/16/2014 | Nicola Marzovilla and Valdome, Inc. (T/A iTrulli) | Restaurant tip pool was improperly shared with head waiter who had meaningful management authority and wine steward who had limited service duties. Ref. Barenboim v Starbucks Corp., 21 NY3d 460 (Ct App 2013) |
| PR10237 | 01/16/2014 | Albert F. Schweitzer | Consolidated with PR10239 - Order revoked for individual petitioner where he was not an employer within the meaning of the Labor Law. |
| PR10239 | 01/16/2014 | Sean Miles and Albert F. Schweitzer d/b/a Eats & Treats | Consolidated with PR10239: Order against Miles affirmed as default. |
| PR10303 | 01/16/2014 | Karl Geiger A/K/A Karl Richard Geiger and Geiger Roofing Company, Inc. | Order against roofing company for overtime hours not listed on time sheet affirmed where time records did not reflect time spent traveling to and from office to work site. |
| PR10354 | 01/16/2014 | Paul Haye and Slope Jamaican Patties LLC (T/A Christie's Jamaican Patties) | Wage Order affirmed with regard to identified employees where employer did not have records or any evidence of hours worked; Penalty for retaliation affirmed but modified. |
| PR10365 | 01/16/2014 | Diogenes Collado (T/A El Rey Restaurant) | Wage order modified where claimant did not testify and petitioner's witnesses established evening hour when claimant finished working. |
| PR10404 | 01/16/2014 | Zeng Chao Pan | Order against individual revoked where he was not an employer within the meaning of the Labor Law. |
| PR11053 | 01/16/2014 | Vito Giambanco and Dream Come True Farm Inc. | Wage Order affirmed where petitioner failed to present evidence to counter estimated of hours worked by employees. |
| PR11160 | 01/16/2014 | Saad Abdullah and Falcons USA, Inc. | Wage Order modified to interest and penalties only where claimant testified that he was paid his wages the week before the hearing. |
| PR11198 | 01/16/2014 | Joaquin Turcios and Korona USA Holding Corp. | Wage and penalty orders affirmed where petitioner failed to prove that he did not suffer or permit the work of the claimants. |
| PR11366 | 01/16/2014 | Chun Il Cho and Mermaid Food Plaza Corp. (T/A Food Plaza) | Petition dismissed where petitioners' address and phone number was no longer valid; appeal deemed abandoned. |
| PR13125 | 01/16/2014 | Rudy Rosenberg | Board lacks jurisdiction over petition of wage claimant to challenge Commissioner's decision not to pursue claim |
| PR13127 | 01/16/2014 | Gennuse G. Agbisit and Orient Pearl Construction LLC | Motion to dismiss untimely petition was granted. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR10008 | 11/20/2013 | Sharon Rumley and Queens Comprehensive Perinatal Council, Inc. | Order for unpaid wages affirmed where employee's specific testimony regarding days worked and unpaid was credible. |
| PR10214 | 11/20/2013 | Svetislav Jovanovic a/k/a Svetislav Jovanic and Autoprevoz Trucking Corporation | Wage Order affirmed where deductions for a security deposit for vehicle damage, training and worker's compensation premiums were not legal. |
| PR10284 | 11/20/2013 | Andrey Lepin and GVR Plus Inc. | Wage Order revoked where claimant failed to testify and wages were not due for minimal tryout time. |
| PR10333 | 11/20/2013 | Mark Barasch and Barasch Sound Studios LLC (T/A Sound Image) | Wage Order affirmed where video and sound engineers were not exempt creative professionals. |
| PR11122 | 11/20/2013 | Ruben Quisbe and Elys Quisbe a/k/a Cruz and Ruben Pizzas Inc. and R & Q Inc. (T/A Dominos Pizza) | Wage Order affirmed where claimant credibly testified that she worked under two separate names, one provided by the employer, and therefore, time cards under only one named did not accurately reflect hours worked and overtime. |
| PR11150 | 11/20/2013 | George Brot and Beta Business Products, Inc. | Wage Order affirmed since paychex payroll journal entry was insufficient to prove that claimant had been paid. |
| PR12076 | 11/20/2013 | Viktor Vorfi and Side-by-Side Pizza & Burek Inc. | Untimely petition dismissed. |
| PR12105 | 11/20/2013 | Denise Pliego and That's a Wrap and More Inc. (T/A That's a Wrap) | Untimely petition dismissed. |
| PR13112 | 11/20/2013 | Jose R. Manzano Jr. and GMD Construction, Inc. | Orders revoked and petition granted where parties agreed that petitioners were not the employers. |
| CI13013 | 11/20/2013 | Nnewi Union New York Tri-State, Inc. | Application for Authority to Do Business in New York State -; Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR10189 | 10/02/2013 | Andrew Andruszko and Peter Kay Auto Sales, Inc. | Order for sales commissions affirmed where employer failed to produce written commission agreement or all car purchase agreements in question. |
| PR10281 | 10/02/2013 | Wendy Barrett Fleming and The Village Scandal Productions LLC | Orders affirmed where petitioner failed to testify at hearing or present accurate time and payroll records. |
| PR10305 | 10/02/2013 | Alexander Levy a/k/a Alexander Levitsky | Petition of individual named in order against numerous entities was granted and his name was removed from order where he was not an employer within the meaning of the law. |
| PR10331 | 10/02/2013 | David Green and Howard Goldberg and David Green Associates, Inc. | Interim Decision: Petitioners David Green and David Green Associates, Inc. have withdrawn their petition with approval of the Board. Proceedings will proceed with respect to Howard Goldberg only. |
| PR10335 | 10/02/2013 | Ofer Keynan, A&O Associates (T/A Ashkara Vegetarian Caf) | Order affirmed where 4 of the claimants testified and employer admitted owing some wages and his testimony that records were stolen was not credible. |
| PR10396 | 10/02/2013 | Juan Diaz and 191 Food Corp. (T/A Fine Fare Supermarket) | Order affirmed where evidence supported finding that claimant bagger was an employee of the grocery store and store failed to present evidence of the number of hours worked. |
| PR10399 | 10/02/2013 | Walter Stuart and H&F Taxi, Inc. (T/A Stuart's Taxi) | Wage Orders revoked where claimant testified that he was aware of posted vacation policy and that he mistakenly filed claim. |
| PR11070 | 10/02/2013 | Brite Limousine International, Inc. | Order affirmed where driver of limousine company was determined to be an employee and not an independent contractor. |
| PR11077 | 10/02/2013 | George Sukkarieh and American Landstar Transport Inc. | Order for one week's wages affirmed where petitioner had no direct evidence that claimant did not work. Civil penalty for 200% based on prior violation was revoked where there was no evidence of a prior violation. |
| PR11113 | 10/02/2013 | Ronald Suhanosky Jr. | Individual consultant was not an employer within the meaning of the Labor Law. |
| PR11115 | 10/02/2013 | Jay Baranker and USI Services Group, Inc. | Order for vacation wages affirmed where employer failed to meet its burden of showing that its policy was in writing or posted. |
| PR11138 | 10/02/2013 | Colville Ivor Bascom and North Bronx Activities Center, Inc. | Orders modified per agreement of the parties. |
| PR12151 | 10/02/2013 | Darci DeMattteo and Say Cheese and Thank You, Ltd. | Orders revoked where petitioners had paid claim prior to issuance of order. |
| PR12190 | 10/02/2013 | Eric M. Vincent | Orders modified to remove name of petitioner where wrong person was named. |
| PR13093 | 10/02/2013 | Thomas C. Amendola and Ocean Bay Massage Therapy, P.C. | Orders revoked where wages were paid prior to the issuance of the orders. |
| CI13006 | 10/02/2013 | Union Beer Distributors LLC | Certificate of Organization of Limited Liability Company -; Approved. |
| CI13007 | 10/02/2013 | Union Technology Corporation | Certificate of Incorporation -; Approved. |
| CI13011 | 10/02/2013 | International Association of Fire L3316 Town of Manlius | Certificate of Incorporation -; Approved. |
| CI13012 | 10/02/2013 | Union Literary LLC | Certificate of Authority to Form Limited Liability Company -; Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09310 | 07/25/2013 | Edward Globokar and Gloria Tribecamex, Inc. and J.A.I., Ltd., and 300 E. 5th St. Rest., Inc. (T/A Mary Ann's) | Order against restaurants for unpaid overtime affirmed but modified based on lack of employer records and testimony at hearing. |
| PR10034 | 07/25/2013 | Steven Marchionda and International Group, LLC | Order for vacation pay affirmed where policy did not provide that employer could offset sick or holiday time used from vacation pay. |
| PR10069 | 07/25/2013 | Angel Moina and Maria J. Moina and Napoleon Moina and La Posada Rest Inc., and Gaviota's Restaurant and Sports Bar, Inc. and Tequila Song Corp. | Order against restaurant for unpaid overtime, liquidated damages, and 100% civil penalty affirmed but modified. Order for illegal deductions affirmed but modified where DOL estimate was based on arbitrary standard. |
| PR10150 | 07/25/2013 | Angelo A. Gambino and Francesco A. Gambino (T/A Gambino Brothers Meat market Inc.) | Order for overtime affirmed where salary did not cover premium for overtime. |
| PR10275 | 07/25/2013 | Konstantine Pavlov and Pavloff, Inc. | Wage Order modified where claimant failed to testify and petitioner's testimony that claimant did not work on the days in question was credible |
| PR11042 | 07/25/2013 | Rosario A. Cornejo (T/A Rosario Cleaning) | Wage Order affirmed where petitioner failed to meet her burden and her testimony at hearing was inconsistent. |
| PR11052 | 07/25/2013 | Harold Kuemmel and Creative Trucking Inc. | Petition dismissed where all notices to last known address on petition returned; appeal deemed abandoned. |
| PR11075 | 07/25/2013 | Robbi Kumalo and Balidali Productions, Inc. | Petition granted where DOL acknowledged that claimant had received wages prior to the issuance of the Order to Comply. |
| PR12134 | 07/25/2013 | Monica Gleberman | Untimely petition dismissed. |
| PR12136 | 07/25/2013 | Susan Samuel and It Takes a Community to Raise a Child, Inc. | Untimely petition dismissed. |
| PR12138 | 07/25/2013 | Tracy L. Spinuzza and Pino's Pizzeria and Restaurant, Inc. | Untimely petition dismissed. |
| PR12168 | 07/25/2013 | Aida Pagan a/k/a Eddie Pagan, Heriberto Pagan a/k/a Eddie Pagan, Enrique Cadena a/k/a Erick Cadena and Innoworks and Restoration Corporation | Untimely petition dismissed. |
| CI13008 | 07/25/2013 | The Symphony, Opera and Ballet Employers Electronic Media Association | Application for Authority to Do Business in New York State -; Approved. |
| CI13009 | 07/25/2013 | Ontario County Police Benevolent Association, Inc. | Certificate of Incorporation -; Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR10102 | 06/12/2013 | Tomasz Wojtowicz and Tommy Transportation, Inc. | Trucker was employee and not independent contractor of trucking firm where the truck was owned by the firm and drivers had a duty to report in 2x a day and were subject to certain rules; $1000 deposit to cover potential damage to truck was illegal. |
| PR10145 | 06/12/2013 | Marvin Milich | Order based on claim of housekeeper against homeowner was modified where housekeeper's testimony was not credible and homeowner provided a more accurate estimate of hours worked. |
| PR10332 | 06/12/2013 | Roslyn Rogers and Gothic Plastics LLC (T/A Gothic Plastics) | Order for overtime due to undocumented worker who worked under two names was upheld. |
| PR12197 | 06/12/2013 | Joao Nobrega and Nobsan, LLC | Untimely petition dismissed. |
| PR13009 | 06/12/2013 | Bestway Basement, LLC | Petition granted. |
| PR13021 | 06/12/2013 | Ravshan Ishnazarov (T/A Logistics & Services LLC) | Untimely petition dismissed. |
| PES10003 | 06/12/2013 | City of New York Department of Citywide Administrative Services | Notices of violations under Workplace Violence Prevention Act (WPVA) and regulations were upheld and the Board found that: (1) the Department of Labor had the authority to conduct inspections without an employee referral; (2) inspections under WVPA may be conducted under PESHA; (3) the regulations requiring a written policy evaluating risks of violence and the participation of employee representatives were reasonable. |
| PES10004 | 06/12/2013 | City of New York Department of Parks and Recreation | Notices of violations under Workplace Violence Prevention Act (WPVA) and regulations were upheld and the Board found that: (1) the Department of Labor had the authority to conduct inspections without an employee referral; (2) inspections under WVPA may be conducted under PESHA; (3) the regulations requiring a written policy evaluating risks of violence and the participation of employee representatives were reasonable. |
| PES10005 | 06/12/2013 | City of New York Department of Health and Mental Hygiene | Notices of violations under Workplace Violence Prevention Act (WPVA) and regulations were upheld and the Board found that: (1) the Department of Labor had the authority to conduct inspections without an employee referral; (2) inspections under WVPA may be conducted under PESHA; (3) the regulations requiring a written policy evaluating risks of violence and the participation of employee representatives were reasonable. |
| PES10016 | 06/12/2013 | Fire Department of the City of New York | Notices of violations under Workplace Violence Prevention Act (WPVA) and regulations were upheld and the Board found that: (1) the Department of Labor had the authority to conduct inspections without an employee referral; (2) inspections under WVPA may be conducted under PESHA; (3) the regulations requiring a written policy evaluating risks of violence and the participation of employee representatives were reasonable. |
| PES11007 | 06/12/2013 | City University of New York | Notices of violations under Workplace Violence Prevention Act (WPVA) and regulations were upheld and the Board found that: (1) the Department of Labor had the authority to conduct inspections without an employee referral; (2) inspections under WVPA may be conducted under PESHA; (3) the regulations requiring a written policy evaluating risks of violence and the participation of employee representatives were reasonable. |
| PES11008 | 06/12/2013 | Stefanie A. Davis | Determination that Complainant was not retaliated against was revoked where it was unreasonable for DOL to conclude, based on its investigation, that the employer had a legitimate reason for its adverse action against Complainant. |
| CI13003 | 06/12/2013 | Workers Education Resource Committee Inc. | Certificate of Incorporation -; Approved. |
| CI13005 | 06/12/2013 | Broome County Sheriff's Law Enforcement Officers' Association Inc. | Certificate of Incorporation -; Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09157 | 04/29/2013 | William C. Dow | Order for unpaid wages, commissions and vacation pay was affirmed based on claimant's testimony and payment history. |
| PR10112 | 04/29/2013 | Neil Fesette and Fesette and Fesette Realty, LLC | Order for medical expenses revoked where petitioner provided evidence that terminated employee was informed in writing that the health insurance was being terminated. |
| PR10182 | 04/29/2013 | Maria Lasso and Jaime M. Correa, Sr., and Exceed Contracting Corp. | Drywall subcontractor who contracted for labor to install the drywall was a responsible employer where he supervised the workplace and had employees doing the same work. |
| PR10337 | 04/29/2013 | Michael Cave (Consolidated with PR10345) | Petitioner was removed from order where there was no evidence that he directed or controlled claimant's work in any way. |
| PR10338 | 04/29/2013 | Deoraj Ramnauth and Scorpio Construction, Inc. | Order for unpaid wages upheld where employer failed to have any records but overtime deducted since the preponderance of the evidence established that no overtime was worked. Penalty revoked where only basis given was employer's lack of cooperation and the evidence did not support such a finding. |
| PR10345 | 04/29/2013 | Richard Cave and U.S. Wood, LLC (Consolidated with PR 10337) | Order for wages based on bounced checks was upheld even though claimant's testimony re which checks were still owed was inexact where employer failed to have necessary records. |
| PR11264 | 04/29/2013 | Ambush Alarm & Electronics, Inc. | Board reopened decision dismissing petition for failure to file an amended petition. |
| PR12183 | 04/29/2013 | Double R. Entertainment, LLC (T/A Rick's Tally Ho) | Petitioner may not raise issues already decided in prior order where order was amended to comply with Board's prior decision. |
| PR12191 | 04/29/2013 | Gloria Wise Community Center Inc. | Reconsideration of case granted where Board mistakenly opened a new file for an amended petition. Case will proceed under PR 12193 and this case will close. |
| CI13003 | 04/29/2013 | Worker's Educational Resource Committee, Inc. | Certificate of Incorporation -; Approved. |
| CI13004 | 04/29/2013 | Worker's Center of Central New York, Inc. | Certificate of Incorporation -; Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR10060 | 03/20/2013 | Zi Qi Chan a/k/a Zi Qi Chen and Jason Tong aka Zi Rong Tang and Henry Foods, Inc. | Order for payment of overtime wages affirmed but modified and remanded for recalculation where employer had no time and payroll records and admitted to owing some wages. |
| PR10134 | 03/20/2013 | Kwangpyo Kim and Royal Cleaners LLC | Order against dry cleaner for unpaid wages and failure to provide meal period affirmed where employerӳ records were estimates of hours worked. |
| PR10153 | 03/20/2013 | Nicholas Salamone and Salamone Restaurants, Inc. (T/A Friar's Table) | Failure to notify Board of contact information after petitioner went out of business resulted in dismissal of petition where appeal deemed abandoned. Ref. Board Rule 65.4. |
| PR10302 | 03/20/2013 | Kenneth Ahrem | Owner of mortgage broker was individually liable as employer where he had the authority to control claimant even if it was not always exercised. |
| PR10348 | 03/20/2013 | Marc A. Chiffert and AEC Engineering Design & Construction Services PLLC | Wages and travel expenses due employee were reduced after hearing. |
| PES11021 | 03/20/2013 | Michael DiPietro | Petition for review of retaliation determination was dismissed where the Department of Labor voluntarily agreed to investigate further. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09084 | 02/06/2013 | Communication Empire Corp. (T/A Blue Wireless) | Petition dismissed where petitioner address and phone number were no longer valid; appeal deemed abandoned. |
| PR09227 | 02/06/2013 | Robert Rubin | Financial advisor of company was not an employer where he did not hire, fire or control employees, or have an ownership interest in the company. |
| PR09258 | 02/06/2013 | William A. Etter | Petitioner who was discharged in Bankruptcy no longer owed the wages but penalty debt remained. |
| PR10076 | 02/06/2013 | John D. Givens and JDG Investigation, Inc. | Employer policy mandating a one hour deduction of time for lunch whether it was taken or not was illegal; petitionerӳ unrebutted credible testimony that claimant was fully paid satisfied burden. |
| PR11337 | 02/06/2013 | Rossana Bortone, Emilio Lamanna and Almar Supplies, Inc. | Interim Decision: Labor Departmentӳ motion for permission to withdraw and reissue orders to recalculate wages owed applying the Motor Carrier Exemption was granted. |
| PR12056 | 02/06/2013 | Edwin Ernesto Avila and Roberto Rosa and Sogna Restaurant Corp. (T/A The City Tavern) | Motion to dismiss late petition was granted. |
| PES10002 | 02/06/2013 | Jay Gusler | Petitionerӳ claim of retaliation was dismissed where issue was thoroughly litigated in an arbitration relative to his discipline. Ref. Collins v New York City Transit Authority, 305 F3d 113 (2d Cir 2001). |
| PES11003 | 02/06/2013 | Village of Tarrytown | PESH determination that villageӳ violations were willful were upheld where village failed to take effective measures to prevent employees from entering permit-required confined spaces. Ref. 12 NYCRR 830.2(k); 29 CFR 1910.146. |
| CI13001 | 02/06/2013 | Tioga County Law Enforcement Association, Inc. | Certificate of Incorporation ֠Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09208 | 12/14/2012 | Keith Woronoff and Katzӳ Furniture Corp. (T/A La-z-Boy) | General manager was not liable where an analysis of his duties did not come within the definition of employer. |
| PR09389 | 12/14/2012 | Violetta Gladyshev and Edouard Gladyshev (T/A V & V Bulk Carriers, Inc.) | Petitionerӳ testimony was sufficient to support finding that claimant failed to perform the work for which he claimed nonpayment where claimant failed to testify. |
| PR10050 | 12/14/2012 | Linden Joseph Tudor and H.Q. Lounge Inc. | Wage Order based on an estimate of hours worked was affirmed where employer could not establish an ԡccurate estimateԠof hours worked; tip allowances were not available where there was no record of tips however a tip credit based on an average claimed by claimants was given. |
| PR10129 | 12/14/2012 | Arthur V. Coppola, Jr. and Allbrand Commercial Windows & Doors, Inc. | Determination of whether commissions were owed and how much was due was determined by interpreting the contract; profitability of contract assumed where petitioner failed to introduce any evidence. |
| PR10373i | 12/14/2012 | Richard Geist and Armynavydeals.com Corp. | Interim Decision: Board grants DOL permission to amend orders to include two additional parties. |
| PR11146 | 12/14/2012 | Perry Stuart and Joseph Stanza and Long Island Limousine Service Corp. | Petitioner failed to satisfy its burden of proof where payroll records were submitted for the first time at hearing and the records were incomplete and inconsistent with testimony. |
| PR11264 | 12/14/2012 | Ambush Alarm & Electronics, Inc. | Reconsideration of decision denied where petitioner failed to apply in a timely manner. |
| PR11321i | 12/14/2012 | Joseph Ennis | Interim Decision: motion to dismiss petition as untimely denied. |
| PR11328 | 12/14/2012 | David D. DӁmato and Buffalo Security and Investigation, LLC | Motion to dismiss untimely petition was granted. |
| PR11331i | 12/14/2012 | David Ring | Interim Decision: motion to dismiss petition as untimely denied. |
| PR11342 | 12/14/2012 | Qui Ying Chen | Petition granted and order modified to remove petitionerӳ name. |
| PR12130 | 12/14/2012 | Gary Smith and Tropical Associates, Inc. | Motion to dismiss untimely petition granted. |
| PR12143 | 12/14/2012 | Ram R. Kissoon (T/A Rudy Trucking) | Motion to dismiss untimely petition granted. |
| PES11009 | 12/14/2012 | Janice Razzano | Determination that petitioner was not subject to retaliatory action was reversed and remanded where business reason for reduction in petitionerӳ work hours needed further investigation. |
| CI10001 | 12/14/2012 | Expo Union Corporation | Certificate of Incorporation ֠Application dismissed without prejudice for failure to provide additional information. |
| CI11012 | 12/14/2012 | Union Trade Wholesale Corp. | Certificate of Incorporation ֠Application dismissed without prejudice for failure to provide additional information. |
| CI11013 | 12/14/2012 | Public Union Corporation | Certificate of Incorporation ֠Disapproved |
| CI11019 | 12/14/2012 | Union Benefit Financial Services, LLC | Certificate of Incorporation ֠Application dismissed without prejudice for failure to provide additional information. |
| CI12001 | 12/14/2012 | United Writers Union | Certificate of Incorporation ֠Application dismissed without prejudice for failure to provide additional information. |
| CI12013 | 12/14/2012 | Don Bosco Workers, Inc. | Certificate of Incorporation ֠Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08174 | 10/17/2012 | Yick Wing Chan and Wing Huang Restaurant Corp. | Order finding individual to be an employer under Article 19 of the Labor Law affirmed where evidence showed that individual sufficiently controlled the employees' conditions of employment. The fact that the individual employer was not present at the restaurant on a daily basis supervising the employees did not relieve him of liability. Refs: Herman v RSR Security Services Ltd., 172 F3d 132 [2d Cir 1999]; Donovan v Janitorial Services, Inc. , 672 F2d 528 [5th Cir 1982]; Carter v Dutchess Community College , 735 F2d 8 [2d Cir 1984]; Moon v Kwon , 248 F Supp 2d 201 [SDNY 2002]. |
| PR09140 | 10/17/2012 | Giovani Lake a/k/a Gemini Lake (T/A DVEIC/PR Consultants) | Claimant awarded wages even though petitioner denied employment where petitioner failed to carry burden of proof. |
| PR09235 | 10/17/2012 | Leticia Walker (T/A Connelly Drywall LLC) | Construction subcontractor liable as an employer of alleged sub-subcontractors employees as matter of economic reality. |
| PR09279 | 10/17/2012 | Leticia Walker (T/A Connelly Drywall LLC) | Construction subcontractor liable as an employer of alleged sub-subcontractors employees as matter of economic reality. |
| PR09281 | 10/17/2012 | Patrick J. Madden and Madden Construction Co. Inc. | Outside salesman for home improvement construction company was an employee and was owed commissions. |
| PR10004 | 10/17/2012 | Steven Klein and Steven Klein, M.C., P.C. | Vacation pay awarded one claimant who testified that she was never shown written vacation policy which called for forfeiture; claimant who failed to testify could not rebut petitioner's testimony that she was shown policy. |
| PR10236 | 10/17/2012 | Ann L. Heiderreich and Scott C. Shipley and Louis S. Jensen and Susan C. Kramer and Community Energy Service, Inc. | Petition granted and orders are withdrawn where payment was received. |
| PR11403 | 10/17/2012 | David B. Itzkowitz | Reconsideration granted and Board's decision of July 16, 2012 is hereby revoked and the amended petition is hereby filed. |
| CI12018 | 10/17/2012 | Beer Union Ltd. | Certificate of Incorporation ֠Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR05067 | 09/10/2012 | Altour Service, Inc. | Mandatory gratuities which were billed to customers of a limousine company as gratuities and which customers believed to be for drivers, belonged to the drivers under Labor Law Ǡ198-d and were not waived. Ref. Samiento v World Yacht, Inc., 10 NY3d 70 (2008) |
| PR10012 | 09/10/2012 | Martin Goonetilleke A/K/A Shawn Goonetilleke A/K/A Shanthipa Goonetilleke and Extraordinary DVD Video Corp. (T/A Extraordinary DVD & Video) | Order affirmed where petitionerӳ evidence that claimant did not work for him was not credible. |
| PR10075 | 09/10/2012 | Robert Reitman and B. Reitman Blacktop, Inc. | Order affirmed as modified to acknowledge that some wages had been paid to one claimant but otherwise petitioner failed to carry its burden of proof where there were no records. |
| PR10109 | 09/10/2012 | Paul J. Montalto | Order revoked as to individual employer where he did not hire, fire, supervise or control payroll. |
| PR10132 | 09/10/2012 | Daniel Delisa and Champion Maintenance Contractors Inc. | Order modified but upheld where individual fit the definition of employer of all three claimants. |
| PR10374 | 09/10/2012 | Sean Piasecki and Eastern Medical Support, Inc. | Order concerning vacation pay and insurance payments was valid where individual contract was signed despite contrary provisions in personnel manual. Order reimbursing claimant for cell phone charges was revoked where there was no evidence that there was any agreement. |
| PR11320 | 09/10/2012 | William Thygesen (T/A Buffalo CDL Training Institute) | Motion to dismiss untimely petition granted. |
| PR11380 | 09/10/2012 | Suzuki 112 USA LLC (T/A 112 Mitsubishi) | Motion to dismiss untimely petition granted. |
| PR11388 | 09/10/2012 | Paul Gambino and P.C. Consulting Management Corp. | Motion to dismiss untimely petition granted. |
| PR12031 | 09/10/2012 | Aldo R. Mosquera and H.A.B. Inc. (T/A Home Boys Auto Boutique) | Motion to dismiss untimely petition denied where there was improper service of the order and it is insufficient to mail one copy to two parties. |
| CI12014 | 09/10/2012 | Niskayuna Permanent Firemanӳ Association | Certificate of Incorporation ֠Approved. |
| CI12015 | 09/10/2012 | Association of Women Accountants in Real Estate, Inc. | Certificate of Incorporation ֠Approved. |
| CI12016 | 09/10/2012 | Muttontown Police Benevolent Association Inc. | Certificate of Incorporation ֠Approved. |
| CI12019 | 09/10/2012 | Commanding OfficersҠAssociation of the MTA | Certificate of Incorporation ֠Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09050 | 07/16/2012 | Elhannon, LLC (D/B/A Elhannon Wholesale Tree Nursery) | Employees of tree nursery who also worked part of the week in employerӳ landscaping business doing work other than planting the nurseryӳ trees were not exempt from overtime for that week under the agricultural exemption. |
| PR09117 | 07/16/2012 | Dr. Sabrina Shue and Dr. Joseph Ho and Advanced Solutions Pain Management, PLLC | Employer may not deduct salary advances from future paychecks even if employee signs over paycheck. |
| PR11170 | 07/16/2012 | Michael Bergold (T/A Harbors Asset Construction) | Motion to dismiss untimely petition granted. |
| PR11387 | 07/16/2012 | Donald V. Pearce (T/A Affordable Home Improvement) | Motion to dismiss untimely petition granted. |
| PR11399 | 07/16/2012 | 137 7th Avenue Corporation | Interim Decision: Motion to withdraw and amend order to add new party was granted. |
| PES09012 | 07/16/2012 | Jay Gusler | Commissioner determination that verbal dispute at work did not give rise to general duty clause violation was affirmed. |
| CI12006 | 07/16/2012 | Bricklayers & Allied Craftworkers Local 5 New York Realty Corporation | Amendment to Certificate of Incorporation ֠Approved. |
| CI12007 | 07/16/2012 | Screen Actors Guild ֠American Federation of Television and Radio Artists | Application for Authority to do business in New York State ֠Approved. |
| CI12010 | 07/16/2012 | Washington County Deputy Sheriffӳ Police Benevolent Association, Inc. | Certificate of Incorporation ֠Approved. |
| CI12011 | 07/16/2012 | Herzliya Films, LLC (Union HZ) | Certificate of Assumed Name ֠Approved. |
| CI12012 | 07/16/2012 | Peekskill Police Superior Officers Association, Inc. | Certificate of Incorporation ֠Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09202 | 05/30/2012 | Soraya Sampson and Urban League of Westchester County, Inc. | Employer may not make deduction from an employeeӳ final wages for advanced vacation days; civil penalty revoked where testifying investigator did not know reason for penalty. Ref: Labor Law 193. |
| PR09218 | 05/30/2012 | George Muller and Ivan Muller and 615 Ocean Avenue Realty Corp. | Order finding building owners owed several months of unpaid wages to superintendent modified where petitioners produced records meeting their burden of proof to show that most of the wages had been paid. |
| PR09254 | 05/30/2012 | Nick Malegiannakis and NSM Restaurant Corp. (T/A Michaelӳ Diner) | Order finding petitioners paid waitresses less than minimum wage affirmed where in the absence of payroll records, petitioners did not meet their burden of proof, and the Commissionerӳ determinations and calculations were reasonable. Furthermore, it was reasonable for the Commissioner not to provide the petitioners a tip credit and meal allowance, where the petitioners did not keep records of tips earned and meals provided. Order finding the petitioners made illegal deductions from their employeesҠwages revoked where no evidence supported such order. Refs: 12 NYCRR 137-3.4 [c] [2009]; 12 NYCRR 137-3.8 [2009]; Bakerman. Inc. v Roberts, 98 AD2d 965 [4th Dept 1983]; Padilla v Manlapaz, 643 F Supp 2d 302, 310 [EDNY 2009]. |
| PR09270 | 05/30/2012 | Ruth Sullivan and TLC Moving & Storage, Inc. | Order awarding expense reimbursement revoked where petitioner proved that expenses were unnecessary and there was no agreement to pay; Wage Order reduced where petitioner proved some payment. |
| PR09390 | 05/30/2012 | Jay Metz and Alicia H. Metz and Lauren Simmons and GRJH, Inc. (T/A Sunoco Queensbury) | Motion to dismiss case made after petitioner presented case at hearing was granted where petitioner failed to make a prima facie case. |
| PR10021 | 05/30/2012 | Akihiko Hirahata (T/A Torigo Japanese Restaurant) | Order finding petitioner failed to pay overtime modified where evidence showed employees did not work as many hours as determined by the Commissioner. Petitioner, however, failed to prove that employees were paid an hourly rate, and Commissionerӳ determination that employees were paid a weekly salary was reasonable. Where employees were paid by a weekly salary, regular hourly wage rate is calculated by dividing the gross wages paid by the number of hours worked in a week. Overtime rate is one and one-half times the regular hourly rate. Refs: 12 NYCRR 137-1.3 [2009]; 12 NYCRR 137-3.5 [2009]. |
| PR10064 | 05/30/2012 | Rick Fiallo, Frank Marino, and FM Cleaning Inc. (T/A Maid Pro) | Order affirmed where petitionersҠown records indicated that claimant worked more hours than were paid for. |
| PR10232 | 05/30/2012 | Dervish Kraki and Besim Kraki and Turnpike Deli Bagels and Bakery Inc. | Wage order affirmed for one claimant but revoked as to wages due another claimant where all testimony indicated that claimant was never employed by petitioner. |
| PR10262 | 05/30/2012 | Jose Castellanos | Interim Decision: Commissionerӳ application to withdraw order and issue new orders to correct error and name new party was granted. |
| PR10300 | 05/30/2012 | Thomas Schneider and Jim Celli and TNT Transportation, Inc. | Order finding that petitioners owed wages to a dispatcher modified where petitioners produced records showing that some of the wages were paid. |
| PR11124 | 05/30/2012 | Jae Kun Jung and Sik Young Kim and 158 W Food Corp. (T/A Times Deli) | Minimum wage order affirmed where petitioners did not produce credible evidence that employees were paid in accordance with Article 19, and where Commissioners determinations and calculations were reasonable. Order finding that the petitioners appropriated gratuities from service employees also affirmed, where evidence showed that credit card tips were pooled and shared with non-service employees in violation of Labor Law 196-d. Refs: Labor Law 196-d; Hartnett v. Wade-Mark Eleven, Inc., 156 AD2d 559 [2d Dept 1989]. |
| PR11256 | 05/30/2012 | William Robbins and Rubberform Recycled Products, LLC | Application for Reconsideration granted and decision of December 14, 2011 is revoked. |
| PR11268 | 05/30/2012 | Perry Davis (dba Buckeyes Chicken) | Interim Decision: Commissionerӳ application to withdraw orders and issue amended orders to add corporation as a party. |
| PR11271 | 05/30/2012 | Isaac Stein and Monroe Orthotics and Prosthetics Inc. | Motion to dismiss untimely petition granted. |
| PR11287 | 05/30/2012 | Sonia A. Dixon (T/A Dixon Paralegal & Expediting Services, Inc.) | Motion to dismiss petition for failure to state a cause of action was granted where only ground alleged was financial hardship of petitioner. |
| PR11339 | 05/30/2012 | Dustin DiMisa and Intercontinental Capital Group, Inc. | Motion to dismiss untimely petition granted. |
| PES09001 | 05/30/2012 | Robert Shapiro | Commissioner determination that adverse employment action was not in retaliation for health and safety complaint was affirmed. |
| PES-10-017 | 05/30/2012 | Engelke Farms, LLC | Motion to dismiss petition for failure to state a cause of action was granted. |
| CI12002 | 05/30/2012 | Amoseastern Apparel, Inc. (Huyton Union) | Certificate of Assumed Name ֠Approved. |
| CI12008 | 05/30/2012 | Security Officers and Drivers, Association Employed by the College of Saint Rose, Inc. | Certificate of Incorporation ֠Approved. |
| CI12009 | 05/30/2012 | HHC PBA Inc. | Certificate of Incorporation ֠Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08084 | 03/29/2012 | Paul Muller and Marcia Muller and Friendly Transportation, Inc. | Order for wages due to livery driver upheld as modified where employer had no records but wages adjusted based on claimant's testimony at hearing. |
| PR09034 | 03/29/2012 | Mohamed Oummih | Order against individual affirmed as to one claimant and revoked as to the other where they worked at different times and individual only supervised and paid one of the claimants and not the other. |
| PR08035 | 03/29/2012 | Nick Malegianniakis and NZM Restaurant Corp. (T/A Michael's Diner) | Order finding that petitioner retaliated against claimant revoked where date on order preceded filing of claim. |
| PR090170 | 03/29/2012 | Dennis Brinkworth and Colter Bay Grill, Inc. (T/A Colter Bay Grill) | Petition dismissed where petitioner's address and phone were no longer valid; appeal abandoned. |
| 03/29/2012 | John E. Jeffers and J.J. Maddens Inc. (T/A Buona Sera) | Wage Order for restaurant chef upheld where petitioner failed to prove chef was partner. | |
| 03/29/2012 | Nancy Solomon and John Ellertsen and Dorothy Jacobs and Long Island Traditions, Inc. | Wage supplements order on vacation wages was upheld where petitioner provided contradictory statements regarding contents of vacation policy. | |
| PR09249 | 03/29/2012 | Jerwaine Gorman and J. Gorman Investment Group, LLC (T/A Cold Stone Creamery) | Petition dismissed where petitioner failed to appear at hearing after he requested and agreed to the adjournment date. |
| PR10394 | 03/29/2012 | Yakov Basmanov | Petition dismissed where petitioner failed to amend orders to state the reasons they were invalid or unreasonable. |
| PR11070 | 03/29/2012 | Farhat N. Qureshi and Brite Limousine International, Inc. | Interim Decision: Motion to dismiss late petition granted in part and denied in part based on service. |
| PR11082 | 03/29/2012 | GMA Mechanical Corp., and Gina Yanucci | Application for reconsideration was granted and Decision dated September 9, 2011 was revoked. |
| PR11246 | 03/29/2012 | Cheryl Joyles (T/A Madison Day Care) | Motion to dismiss untimely petition granted. |
| PR11282 | 03/29/2012 | James Napolitano and Napolitano Brothers, Inc. (T/A The Eatery on North) also (T/A The Avenue Deli Cafe) | Motion to dismiss untimely petition granted. |
| PR11284 | 03/29/2012 | Rejik Majtara and Universal Construction & Painting Corp. | Motion to dismiss untimely petition granted. |
| PES11010 | 03/29/2012 | Paul Danko | Petition to review determination that petitioner did not suffer a retaliatory termination was denied where protected activity occurred 10 years prior and evidence of other misconduct supported termination so that the Department of Labor's determination was not unreasonable or invalid. |
| CI12003 | 03/29/2012 | Women's National Basketball Players Association Inc. | Certificate of Incorporation - Approved. |
| CI12004 | 03/29/2012 | Sheriff's Employees Association of Cayuga County | Certificate of Incorporation - Approved. |
| CI12005 | 03/29/2012 | New York Civil Liberties Union Foundation, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09144 | 01/30/2012 | Alan Crowley and Teknex NY, Inc. | Orders affirmed where petitioner departed hearing after settlement offer was not accepted. |
| PR09159 | 01/30/2012 | Alejandro Celso Saavedra | Application for reconsideration of dismissal of petition for failure to appear at hearing denied . |
| PR09165 | 01/30/2012 | Anthony Bove and Above Construction Corp. | Orders affirmed where petitioner failed to prove he did not employ claimant. |
| PR09257 | 01/30/2012 | Ranjana Khan and Naeemuddin Khan and Phoenix Hand Embroidery, Inc. | Penalty for failure to register as an apparel contractor revoked where no evidence that petitioner had employees. |
| PR09303 | 01/30/2012 | Jin Rong Huang (A/K/A James Huang) and Dawn Fashion, Inc. | Motion to dismiss petition granted where petitioner failed to produce any evidence at hearing. |
| PR09307 | 01/30/2012 | Laura Harbour and Kal-Harbour, Inc. (T/A Harbour Roads) | Orders modified where claimant was not an independent contractor and was due minimum wage. |
| PR09313 | 01/30/2012 | Peter Durkin and R & R Services, Inc. (T/A Orange Heating & Air Conditioning) A/K/A Orange Heating & Central Air | Order for vacation pay upheld where office manager supported claimant's version of policy and petitioner failed to produce a written policy. |
| PR09339 | 01/30/2012 | Carlos Espinoza and K & P Cleaning Co. | Cleaning company was liable for unpaid wages where it failed to proved that employment had ended. |
| PR10293 | 01/30/2012 | Kong Ming Lee, Fee Yin Lee and Blue Butterfly Fashion, Inc. | Interim Decision: Motion to strike certain items in the Demand for Bill of Particulars granted in part and denied in part and document demand limited. |
| PR10382 | 01/30/2012 | Michael DeRubertis (T/A DeRubertis Auto Services and Sales) | Petition dismissed where knee surgery did not excuse late filing. |
| PR10383 | 01/30/2012 | Pat Ruppert | Reconsideration granted, decision dated April 27, 2011 is revoked and Petitioner is directed to file an amended petition. |
| PR10402 | 01/30/2012 | John Donovan and Lilia Shevchuk (T/A Greenlight) | Motion to dismiss untimely petition granted. |
| PR10408 | 01/30/2012 | Raymond Srour | Withdrawal of order approved by Board. |
| PR11043 | 01/30/2012 | John M. Marra and Long Island Emergency Services | Motion to dismiss untimely petition granted where petitioner filed his petition two months rather than 60 days after the orders issued. |
| PR11245 | 01/30/2012 | Jason Ellis and Cakes by Jay, Inc. | Motion to dismiss petition for failure to state a cause of action granted where only allegation concerned lack of funds and bankruptcy filing. |
| PES11005 | 01/30/2012 | Molly Hastings | Petition denied where petitioner failed to establish termination was retaliatory in violation of PESHA |
| CI11017 | 01/30/2012 | Mama Lor's Union Hill Cafe, Inc. | Certificate of Incorporation - Approved. |
| CI11018 | 01/30/2012 | National Association of FSA County Office Employees | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR07031 | 12/14/2011 | David R. Fenske (T/A AMP Tech and Design Inc. f/k/a AMP Technologies) | Individual, who was sole shareholder, officer of the corporation and signatory on paychecks, was liable as an employer for unpaid wages and civil penalties; but not liable for vacation pay where he was not the employer when the vacation pay was earned. |
| PR09091 | 12/14/2011 | Guardian Loan Company of Massapequa, Inc. (T/A Guardian Loan) | Employee handbook setting forth conditions for when a commission to a mortgage consultant is due and owing was controlling where instances where it was not followed were exceptions to the rule. |
| PR09127 | 12/14/2011 | Piotr Golabek and Amica Corp. | Construction workers were employees and not independent contractors of general contractor where he controlled the worksite; estimate of wages owed was adjusted downward. |
| PR09220 | 12/14/2011 | Kiernan J. Traynor and Kiernan J. Traynor P.T., P.C. (T/A Summit Sports & Spinal Physical Therapy) | Order finding that employee was owed one week's wages was affirmed where employer only produced ADP records which did not contain a record of hours worked. |
| PR09246 | 12/14/2011 | Lo Hsen Kuo and Five-Star Class Dancing Studio, Inc. | Order for unpaid wages and penalties affirmed where employer had no records and first denied employing claimant at all. |
| PR09252 | 12/14/2011 | Dorothy Giorgianni and Jamaica Towing, Inc. | Order requiring the payment of employee's medical expenses where employer failed to notify employee when benefits terminated was affirmed. |
| PR09288 | 12/14/2011 | G.R.J.H., Inc., Alicia Metz and Lauren L. Simons | Order adjusted where petitioners proved that some wages were paid; penalty order for failure to furnish records upheld where records were kept out of state and were not produced in New York. |
| PR09298 | 12/14/2011 | Heenam Bae A/K/A Hee Nam Bae A/K/A Henry Bae & Daekyung Bae A/K/A Dae Kyung Bae & Fancy Lexington Ave. Cleaners Inc. T/A Mme. Lucille Cleaner | Board's September decision clarified but otherwise reconsideration denied; petitioners' assumptions regarding speed of work was insufficient to provide an accurate estimate that would sustain their burden of proof. |
| PR09304 | 12/14/2011 | Aftabudeen Ahmad Edun (T/A Edun Variety Store) | Order revoked where petitioner proved that claimant was not an employee, in absence of claimant's testimony, despite lack of records. |
| PR10214 | 12/14/2011 | Autoprevoz Trucking Corp. | July decision dismissing petition is revoked and case is reopened. |
| PR10278 | 12/14/2011 | Hedy Kodogiannis and Gus Kodogiannis and McGuiness Management Corp. | Board's decision dismissing petition is revoked per settlement and withdrawal of petition approved. |
| PR11195 | 12/14/2011 | Leonard Lattanzio and A & L Services LLC | Motion to dismiss untimely petition granted. |
| PES11015 | 12/14/2011 | Review of Modification of Abatement Date Granted to the City of New York Fire Department | Modification of Abatement Date by PESH upheld where no response to notice was filed. Ref. 12 NYCRR 804.7 |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08078 | 10/11/2011 | RAM Hotels, Inc. (T/A Rodeway Inn) | Order for unpaid wages for husband and wife desk clerks at motel based on 91 hours of work per week upheld where employer failed to have records and testimony that they worked only 40 hours per week was not credible. |
| PR08124 | 10/11/2011 | Prakash Hundalani and Sherry's Restaurant of NY (T/A Mi Nidito) | Order for unpaid wages due kitchen staff at restaurant, including unidentified employees, was affirmed. Commissioner of Labor may issue order based on its investigation, filing of wage claim is not required. Ref: Garcia v Heady, 46 AD3d 1088 (3d Dept 2007); Reich v Petroleum Sales, Inc., 30 F3d 654 (6th cir 1994) |
| PR09139 | 10/11/2011 | Anthony Giarletta (T/A Grill Beverage Barn) also (T/A GCG Beverage Corp.) | Order finding petitioner liable for overtime wages modified where petitioner proved that the claimant did not work the number of hours per week found by the order and where claimant was absent from the country for a period of time each year. Additionally, order imposing a civil penalty against the petitioner for failing to provide the claimant with a 30 minute meal period each shift was revoked where evidence demonstrated that the claimant did have a 30 minute meal period each month. Civil penalties for failure to provide wage statements and failure to keep required records reduced from $3,000 to $1,000 each because there was no proof of prior violations. Refs: Labor Law 218. |
| PR09325 | 10/11/2011 | Ralph Amoruso and Lawrence Amoruso A/K/A Larry Amoruso and Florio's Enterprises, Inc. (T/A Florio's Grill and Cigar Bar) | Motion for reconsideration was granted where dismissal was based on failure to amend the petition. |
| PR09328 | 10/11/2011 | Jeffrey a. Heath and Landstone Search Crop. (T/A The Landstone Group) also (T/A Management Recruiter of Manhattan) | Order finding commissions due to executive recruiter revoked where petitioners met burden of proof to show that conditions set forth in commissions agreement for earning a commission had not been met by the claimant on the disputed transaction. |
| PR10081 | 10/11/2011 | Davinder S. Makan and Makan Land Development-One LLC | Order for unpaid wages was affirmed where records were deficient and petitioner failed to prove employee was paid. |
| PR10371 | 10/11/2011 | David Ishay | Motion to dismiss untimely petition granted. |
| PR10372 | 10/11/2011 | Timothy Sorenson (T/A Ocean Contracting/ Dumpsters 4 Less) | Motion to dismiss untimely petition granted. |
| PR11033 | 10/11/2011 | Bickram Singh | Motion to dismiss untimely petition granted. |
| PR11034 | 10/11/2011 | Pjeter Vulaj and Veteti Corp | Interim Decision: Motion to dismiss untimely petition denied where individual petitioner was served at home address. Ref: Labor Law 33. |
| PR11069 | 10/11/2011 | Ramdat K. Harihar and R & C Apparel Corp. | Motion to dismiss untimely petition granted. |
| PR11076 | 10/11/2011 | Victor Qubrusi | Motion to dismiss untimely petition granted. |
| PR11162 | 10/11/2011 | Jason S. Gross and Corporate Security Installations, Inc. | Motion to dismiss untimely petition granted. |
| PES10009 | 10/11/2011 | Adam Crown | Resignation from volunteer Fire Department under threat of discipline and criminal charges was adverse action in retaliation for voicing health and safety concerns. Ref: Labor Law 27-a (6) (c) |
| CI11015 | 10/11/2011 | Local 12 Union Advancement Fund, Inc. | Certificate of Dissolution - Approved. |
| CI11016 | 10/11/2011 | United Laundry Association, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08083 | 09/09/2011 | Omar Thabet and La Gallina Inc. "Rev'd by Thabet v Department of Labor, Sup Ct, Kings County, March 29, 2012, Ruchelsman, J., Index No.25325/11." | Order for unpaid wages upheld, but modified, where employer failed to keep records and testimony was inconsistent even though employer argued that claimant never worked for him. |
| PR09101 | 09/09/2011 | Bernard J. Lombardi and Allan Greenstein and John Lombardi and Automatic Appliance Parts Inc. | Order finding that employee was due difference between base salary and guaranteed yearly earnings was upheld; severance pay tendered and accepted could not be revoked; yearly guarantee did not extend into second year of employment where there was renegotiation. |
| PR09123 | 09/09/2011 | Yossi's Grill, Yossi's Grill, Inc., Joseph Shaubi, EMEJ Inc. (T/A Yossi's Grill) | Order for unpaid overtime wages was upheld yet modified where both employer and employee testified that the employee was paid on an hourly basis and not by salary. |
| PR09132 | 09/09/2011 | Manshui S. Ng and MLW Co., Inc. | Motion for reconsideration of dismissal of untimely petition denied. |
| PR09200 | 09/09/2011 | Knight Marketing Corporation of New York State (T/A Knight Marketing Corp. of NY) | Order for full, not partial, flex leave pay upheld even though employee did not complete full year of employment, where policy credited employee with flex leave at beginning of year. |
| PR09298r | 09/09/2011 | Heenam Bae and Daekyung Bae and Fancy Lexington Ave. Cleaners, Inc. (T/A MME Lucille Cleaners) | July 26, 2011 decision corrected and reissued. |
| PR10246 | 09/09/2011 | James Jae Kwon and Ace Wine < Liquor of Shirley, Inc. | Motion to dismiss untimely petition granted. |
| PR10290 | 09/09/2011 | Healthcare Services Group, Inc. | Motion to dismiss untimely petition granted. |
| PR11013 | 09/09/2011 | Shabbat LLC | Motion to dismiss untimely petition granted. |
| CI 11014 | 09/09/2011 | United Service Workers Labor-Management Corporation | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09172r | 07/26/2011 | Santos D. Soto and Burnside Beverage Center Inc. | Application for reconsideration of dismissal of petition for failure to amend was denied where petition was also untimely. |
| PR09298 | 07/26/2011 | Heenam Bae and Daekyung Bae and Fancy Lexington Ave. Cleaners, Inc. (T/A Mme Lucille Cleaners) | Order affirmed for unpaid overtime where Petitioner's evidence was insufficient to meet their burden of proof to show that claimant did not work the hours claimed. |
| PR09354 | 07/26/2011 | Guillermo M. Ramirez and Julio C. Ventura and Memo Apparel, Inc. (T/A Hart Knitwear, Inc.) | Order affirmed, subject to recalculation of wages based on evidence at hearing, where Petitioner's evidence was not credible and was too general to meet their burden of proof, and where Respondent's evidence was credible and specific. |
| PR10194r | 07/26/2011 | Lawrence Pesce (T/A Renovation and Rehabilitation Systems Co., Inc.) | Application for reconsideration of dismissal of petition for failure to amend was denied where petition was also untimely. |
| PR10214 | 07/26/2011 | Stanislav Jovanovich and Autoprevoz Trucking Corp. | Motion to dismiss untimely Petition was granted. |
| PR10397 | 07/26/2011 | Anton Dragonides and Maine Service Corp. | Motion to dismiss untimely Petition was granted. |
| PR11031 | 07/26/2011 | Jack Abraham and Nora Abraham | Motion to dismiss untimely Petition was granted. |
| PR11043 | 07/26/2011 | John M. Marra and Long Island Emergency Services | Motion to dismiss untimely Petition was granted. |
| PR11091 | 07/26/2011 | Ricardo R. Goursahab | Motion to dismiss untimely Petition was granted and Board lacked jurisdiction to review letter where it was not a rule, regulation or order of the Commissioner. |
| PES10019 | 07/26/2011 | City of New York Administration for Children's Services | Motion to dismiss untimely Petition was granted. |
| PES11006 | 07/26/2011 | Bullville Fire District | Petition for modification of abatement date pursuant to 12 NYCRR 804.7 was dismissed by Board where there were no responses filed. |
| CI11009 | 07/26/2011 | New York City Parents Union, Inc. | Certificate of Incorporation - Approved. |
| CI11010 | 07/26/2011 | St. Lawrence County Sheriff Supervisory Assoc. Inc. | Certificate of Incorporation - Approved. |
| CI11011 | 07/26/2011 | Village of Chester Police Benevolent Association, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR07086 | 06/07/2011 | PK Restaurant, LLC (T/A 212 Restaurant) | Order awarding overtime wages to restaurant wait staff and kitchen staff upheld where wages and salary did not include premium pay for overtime. Civil penalties reduced where employer was not shown Department of Labor's audit until hearing. Ref. Matter of Cayuga Lumber, Docket No. PR 05-099 (September 26, 2007) |
| PR08156 | 06/07/2011 | Double R Entertainment, LLC (T/A Rick's Tally-Ho) | Order finding exotic dancers were the petitioner's employees under Article 19 of the Labor Law, not independent contractors as alleged by the petitioner was affirmed where evidence showed that as a matter of economic reality the dancers depended on the petitioner's business to render their services and were not in business for themselves. 200% civil penalty was revoked. Order finding that petitioner unlawfully charged a drink fee to its employees in violation of Article 6 of the Labor Law modified to reduce the amount found due and owing to conform to the evidence. Refs: Reich v Priba Corp., 890 FSupp 586 (N Dist Tex 1995); Reich v Circle C Investments, 998 F2d 324 (5th Cir 1993); Harrell v Diamond A Entertainment, Inc., 993 FSupp 1343 (M Dist Fla 1997); Labor Law 193. |
| PR09110 | 06/07/2011 | Pauline Thompson and Merle Thompson | Order finding companion was an employee revoked because the claimant, who was a companion who lived in the home of a sick, convalescing or elderly person, whose principal duties did not include housekeeping, was exempted from the then in effect definition of employee. Refs: 12 NYCRR 142-2.14 (c) (1) (ii) (2007); Labor Law 651 (5) (2011). |
| PR09322 | 06/07/2011 | Magalie Septimus and Saintilus Day Care Inc. | Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15. |
| PR09329 | 06/07/2011 | IIan Timkin and Danny Bass (T/A Holy Land Enterprise) (T/A Prestige Car Rental) | Application for reconsideration of Board decision dismissing petition where petitioner failed to appear at hearing was denied where petitioner failed to show good cause for its absence. |
| PR10297 | 06/07/2011 | David Savatteri and NYC Photobooth, Inc. | Motion to dismiss untimely petition granted. |
| PR10334i | 06/07/2011 | David Savatteri and NYC Photobooth, Inc. | Interim Decision: Commissioner's motion to withdraw and reissue orders was granted. |
| PR10356i | 06/07/2011 | Jacinto Abreu and Roseari Meat Market, Inc. (T/A Super Extra Supermarket) | Interim Decision: Motion to dismiss petition as untimely denied where petitioner was served at home by mail, contrary to Labor Law 33, and home was not "last known place of business." |
| PR11024i | 06/07/2011 | Seok H. Park and Totowa Trading, Inc. (T/A Totowa Trading, Inc.) | Interim Decision: Stipulation to revise Order approved by the Board. |
| PES 10003i/SA 10008 | 06/07/2011 | City of New York Department of Citywide Administrative Services | Interim Decision: Petitioners administrative agencies of New York City sought to stay enforcement of PESH orders relating to violation of Workplace Violence Prevention Act regulations. Board denied stay where Petitioners failed to show that stay was necessary or that it would not unduly prejudice Petitioner's employees. Ref. Labor Law 27-b; Board Rule of Procedure and Practice 66.9(a). |
| PES 10004i/SA 10004 | 06/07/2011 | City of New York Department of Parks and Recreation | Interim Decision: Petitioners administrative agencies of New York City sought to stay enforcement of PESH orders relating to violation of Workplace Violence Prevention Act regulations. Board denied stay where Petitioners failed to show that stay was necessary or that it would not unduly prejudice Petitioner's employees. Ref. Labor Law 27-b; Board Rule of Procedure and Practice 66.9(a). |
| PES 10005i/SA 10007 | 06/07/2011 | ; City of New York Department of Health and Mental Hygiene | Interim Decision: Petitioners administrative agencies of New York City sought to stay enforcement of PESH orders relating to violation of Workplace Violence Prevention Act regulations. Board denied stay where Petitioners failed to show that stay was necessary or that it would not unduly prejudice Petitioner's employees. Ref. Labor Law 27-b; Board Rule of Procedure and Practice 66.9(a). |
| PES 10016i/SA 10-012 | 06/07/2011 | Fire Department of the City of New York; District Council 37, AFSCME, Municipal Labor Committee, Intervenors. | Interim Decision: Petitioners administrative agencies of New York City sought to stay enforcement of PESH orders relating to violation of Workplace Violence Prevention Act regulations. Board denied stay where Petitioners failed to show that stay was necessary or that it would not unduly prejudice Petitioner's employees. Ref. Labor Law 27-b; Board Rule of Procedure and Practice 66.9(a). |
| CI 11007 | 06/07/2011 | St. Lawrence County Deputies Association, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09052 | 04/27/2011 | Joel D. Fairbank and 2nd Nature, LLC | Order for vacation pay and dental expenses revoked where vacation policy was posted in a conspicuous place and employee failed to correctly opt for dental insurance. |
| PR09072 | 04/27/2011 | Vasos Antoniou | Day laborers were employees of construction contractor where he hired, supervised and controlled their work. |
| PR09107 | 04/27/2011 | Kanwalkdev S. Sra A/K/A Kanwal S. Sra and Manat Grenwal A/K/A Manjit Singh Grewal and Archer Car Wash Inc. (T/A Archer Car Wash) also (T/A Archer Car Wash & Detailing Center) | One individual petitioner removed from order per stipulation, otherwise petition dismissed for failure to appear at hearing. |
| PR09109 | 04/27/2011 | Adam Suchin and Edna Suchin and Adam Suchin Showroom Ltd. | Salesperson for designer showroom who was paid a weekly draw based on a yearly compensation was an employee and not an independent contractor; Edna Suchin removed from order since she was not an employer within the meaning of labor law. |
| PR09126 | 04/27/2011 | Karma Group LLC (T/A Quiznos Sub) | Child Labor citations upheld as well as penalty for withholding tips from employees. |
| PR09154 | 04/27/2011 | Ira Sumkin and M&I Holdings, Inc. (T/A Master Exterior & Design) | Order to pay commissions reduced according to agreement where employer proved that one of the sales was cancelled; civil penalty was revoked. |
| PR09194 | 04/27/2011 | David Serafin | Stipulation removing petitioner's name from order and withdrawing petition was approved by the Board. |
| PR09207 | 04/27/2011 | Jeffrey W. Ash (T/A Northeast Home Theater) | Husband of business owner was an employer where he hired the employee, supervised her and decided whether she should be paid. |
| PR09289 | 04/27/2011 | Bai Buang A/K/A Michael Xia and Formica Unlimited, Inc. | Wage order upheld where employer failed to produce records in response to Demand for Bill of Particulars and was thus precluded from introducing them at hearing; Petitioner's evidence was too general to negate Commissioner's determination of wages owed. |
| PR10006 | 04/27/2011 | Mitchell Wolff | Petition granted striking petitioner's name from the orders where Commissioner failed to file an answer to the petition, thereby waiving her right to further participation in the proceedings. Ref. Rule 65.14 (12 NYCRR 65.14) |
| PR10175 | 04/27/2011 | Randall J. Friedman | Motion to dismiss untimely Petition was granted. |
| PR10177 | 04/27/2011 | Prakash M. Swamy | Motion to dismiss untimely Petition was granted. |
| PR10191 | 04/27/2011 | John Ode | Board lacks jurisdiction over petition filed by wage claimant to challenge Commissioner's decision not to pursue claim. Ref.: In the Matter of Toohey, PR 09-223 (January 27, 2010) |
| PR10287 | 04/27/2011 | Michael Cipolla and Michael Lutz (D/B/A Five Star Roofing Consultants and Services) | Stipulation to withdraw orders against petitioners approved by Board. |
| PR10291 | 04/27/2011 | Bradley A. Radwaner and Bradley Arden Radwaner, M.D., P.C. | Motion to dismiss untimely Petition was granted. |
| PR10327 | 04/27/2011 | Frank Marino | Motion to dismiss untimely Petition was granted. |
| PR11023 | 04/27/2011 | Muharrem Rraci | Petition granted striking petitioner's name from orders. |
| PES09004 | 04/27/2011 | Board of Education of the City of Buffalo (Buffalo Public Schools) "Aff'd by Board of Education v Board of Appeals, Sup Ct, Erie County, November 4, 2011, NeMoyer, J., Index No. 2011/2645, appeal pending" | Notice of violations issued to Buffalo Public Schools for violating safety standards regarding industrial stairs were upheld. |
| CI10017 | 04/27/2011 | Whitestown Police Benevolent Association, Inc. | Certification of Incorporation - Approved. |
| CI11001 | 04/27/2011 | Village of Florida Police Benevolent Association, Inc. | Certification of Incorporation - Approved. |
| CI11004 | 04/27/2011 | Working Artists and the Greater Economy, Inc. | Certification of Incorporation - Approved. |
| CI11005 | 04/27/2011 | Our Own School Bus Union, Inc. | Certification of Incorporation - Approved. |
| CI11006 | 04/27/2011 | Project S.E.E.Y.M., Inc. | Certification of Incorporation - Approved. |
| CI11008 | 04/27/2011 | Police Benevolent Association of New York State, Inc. | Certification of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08157 | 02/07/2011 | Maddalone & Associates, Inc. and Maddalone Construction, Inc. (T/A Maddalone & Associates) | Maintenance "supervisor" was not exempt from overtime where his primary duty was maintenance and construction and not management; and he was paid hourly. Prior DOL audit indicating that claimant was exempt was not binding. |
| PR09058 | 02/07/2011 | Anthony Boumoussa and Bay Parkway Super Clean Car Wash, Inc. | Wage Order for failure to pay minimum wages to named and unidentified car wash employees was affirmed as modified. Civil penalty of $271,000 for failure to have payroll records was revoked. Ref.: Reich v Petroleum Sales, Inc., 30 F3d 654 (6th Cir 1994) |
| PR09061 | 02/07/2011 | Alysa D. Stukes and Harriet's Alter Ego, Inc. | Penalty order against retailer for failure to register as an apparel manufacturer upheld where retailer also embroidered and finished individual garments. |
| PR09353 | 02/07/2011 | Joseph Malatesta and LTC Electric Contracting LLC and G M Development Inc. and Allstyne Development LLC (t/A LTC Electric, Inc.) | Tenant hired by landlord to perform odd jobs was an employee of the landlord and his wages could not be offset against rent. |
| PR10059 | 02/07/2011 | Diana Allaham | Wage order demanding payment of wages to housekeeper was upheld. |
| PR10116 | 02/07/2011 | Katherine O'Brien, Chris Hack and The Spinning Room Bar & Lounge, LLC | Motion to dismiss untimely petition granted. |
| PR10148 | 02/07/2011 | Doug Quesenberry and Rod Saclolo (T/A Saclolo Wellness) | Motion to dismiss untimely petition granted. |
| PR10213 | 02/07/2011 | Pritpal S. Kochhar | Motion to dismiss untimely petition granted. |
| CI11002 | 02/07/2011 | Grand Union Communication USA, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08088 | 12/15/2010 | Andrew Kaufman and Global Portfolio Trading, LLC | Draw was due to commission salesperson for last three weeks of work even though draw exceeded commissions; but commission received after termination of employment was not due. "Forgivable draw" means that draw is recoverable only against future commissions. Ref: Matter of York Furniture Centers, Inc., Docket No. PR06-081 (August 27, 2009). |
| PR09032 | 12/15/2010 | Liza Gattegno and Princess Jessie Rose, Inc. and Jessierose, Inc. (T/A Jessie Rose Boutique) | Commissioner's Order for unpaid wages revoked where Petitioner's records, while not compliant with Labor Law, were sufficient to satisfy burden of proof that claimant was properly paid. |
| PR09095 | 12/15/2010 | Yung Jin Han T/A Han's Food Deli | Commissioner's Order finding that break time of less than 30 minutes must be compensated was reasonable. Ref.: 29 CFR 785.19; Labor Law 652 (1) and (4). |
| PR09108 | 12/15/2010 | William M. Capicotto, M.D. and William M. Capicotto, M.D., P.C. | Order revoked where Commissioner failed to file an answer to the petition, thereby waiving its right to further participation in the proceedings. Time limit of 30 days to answer begins when the Board serves the Petition on the Commissioner. Ref: Rule 65.14 (12 NYCRR 65.14). |
| PR09156 | 12/15/2010 | Christopher Mangold and Mangold Pallet, Inc. (T/A Mangold Group) | Orders re civil penalties revoked where Commissioner failed to file an answer to the petition contesting the penalties and Petitioners filed a notarized statement supporting the petition. Ref: Rule 65.14 (12 NYCRR 65.14). |
| PR10104 | 12/15/2010 | Michael Wolk and Michael Morrison (T/A Riker Hill Records LLC) | Motion to dismiss untimely petition granted. Determination of timeliness of petition is based on Labor Law and Rules governing Board procedures and not CPLR. |
| PR10240 | 12/15/2010 | Abe Mendlowitz and Briarcliff Estates, LLC | Interim Decision: Employer/landlord may not deduct rent from wages and portions of petition alleging that claimant was paid due to rent deductions are stricken; petition will proceed on civil penalty issue alone. Ref: Labor Law 193; Matter of Angello v. Labor Ready, Inc., 7 NY3d 579 (2006). |
| CI10011 | 12/15/2010 | Teacher Union Reform Network, Inc. | Certificate of Incorporation - Approved. |
| CI10013 | 12/15/2010 | Police Benevolent Association of Watkins Glen, Inc. | Amendment to Certificate of Incorporation - Approved. |
| CI10016 | 12/15/2010 | Union Gold, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09132 | 11/18/2010 | Manshui S. Ng and MWL Co., Inc. | Motion to dismiss untimely Petition was granted. |
| PR10093 | 11/18/2010 | James A. Glennon, Jr. DDS | Motion to dismiss untimely Petition was granted. |
| PR10110 | 11/18/2010 | Mark Finell, Mark Lamarati, and Craft Marketing, LLC | Motion to dismiss untimely Petition was granted. |
| PR10145 | 11/18/2010 | Marvin E. Milich | Interim Decision: Motion granted to strike allegations of petition relating to collateral estoppel effect of workers' compensation board findings on credibility; Motion for depositions and interrogatories denied. |
| PR10150 | 11/18/2010 | Angelo A. Gambino and Francesco A. Gambino (T/A Gambino Meat Market, Inc.) | Interim Decision: Motion to dismiss petition as untimely denied where Department of Labor failed to serve petitioners in accordance with Labor Law 33. |
| CI10014 | 11/18/2010 | Pacific Union Financial, LLC | Application for a Foreign Limited Liability Company to Conduct Business in New York - Approved. |
| CI10015 | 11/18/2010 | Schenectady County Police Conference, Inc. | Certification of Dissolution - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08184 | 10/20/2010 | Carmen Mancheno and Vincent Mancheno and Magic Setting Inc. | Diamond setters were employees and not independent contractors and should have been paid for overtime during busy season. |
| PR09122 | 10/20/2010 | Michael Montalvo and Montalvo Construction | Motion to dismiss untimely Petition was granted. |
| PR09215 | 10/20/2010 | Jamil Uddin and Jamil MD Uddin and Techno International Corp. (T/A Green Cafe) | Reconsideration of dismissal granted and case reopened for Petitioner to file an Amended Petition. |
| PR09242 | 10/20/2010 | Antonio J. DeFranco | Motion to dismiss untimely Petition was granted. |
| PR09334 | 10/20/2010 | Howard M. Falkow and PMR Enterprises LLC | Motion to dismiss untimely Petition was granted. |
| PR09336 | 10/20/2010 | J. Paul MacPherson, III A/K/A Paul MacPherson and Plastics Processing, Inc. | Motion to dismiss untimely Petition was granted. |
| PR09382 | 10/20/2010 | Buenaventura Salazar (T/A Painting and Decorations) | Motion to dismiss untimely Petition was granted. |
| PR10018 | 10/20/2010 | Martin Goonetilleke A/K/A Shawn Goonetilleke A/K/A Shanthipa Goonetilleke and DVD Depot Inc. | Motion to dismiss untimely Petition was granted. |
| CI10009 | 10/20/2010 | Pro Union Slate, Inc. | Certificate of Incorporation - Approved. |
| CI10010 | 10/20/2010 | Great Scott Films, Inc. (Union Square Media) | Certificate of Assumed Name - Approved. |
| CI10012 | 10/20/2010 | Batavia Police Benevolent Association, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08141 | 09/22/2010 | Shameem Ahmend Chowdury (T/A New Millenium) | Hourly worker hired to perform construction work in building was an employee not an independent contractor; the amount of wages owed was reduced based on testimony. |
| PR09105 | 09/22/2010 | Maurice A. Richardson and Roberto A. Bautista and M. Rich, Inc. (T/A Rich Knowledge Institute) | Individual who was director of education at school did not meet definition of "employer" under New York Labor Law. |
| PR10033 | 09/22/2010 | Master Call Communications, Inc. | Motion for reconsideration of decision dismissing petition for failure to amend, denied. |
| PR10089 | 09/22/2010 | Lorraine Yarde | Motion for reconsideration of decision dismissing petition for failure to amend, granted. |
| PR10159 | 09/22/2010 | David Allen D/B/A Progressive Technology Systems, Inc. | Motion to dismiss untimely Petition was granted. |
| PES08011 | 09/22/2010 | City of New York Department of Juvenile Justice (Crossroads Juvenile Center, Horizon Juvenile Center, Bridges Juvenile Center) | Citations under Bloodborne Pathogen Standard were reviewed and citations for failure to have knowledgeable trainers and failure to have an updated Exposure Control Plan were affirmed and citations for failure to offer medical follow-up free of charge as well as failure to train in certain areas were revoked. |
| CI10008 | 09/22/2010 | Kingston Police Benevolent Association, Inc. | Amendment of Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08072 | 07/28/2010 | Paul Coppa; Ten's Cabaret, Inc. | Petition dismissed where Petitioner failed to satisfy condition of posting a bond for second request for a postponement of the hearing where Petitioner was given notice that there would be no further adjournments. |
| PR08113 | 07/28/2010 | Stanley A. Warszycki and Stanley A. Warszcki, Inc. | Wage Order affirmed as to wages due where Petitioner lacked required records and his testimony was not credible; civil penalties were reduced to 0 where reasons for penalty were inaccurate and/or not adequately explained. |
| PR08117 | 07/28/2010 | National Credit Systems, Inc. | Sales reps of debt collection company were employees and not independent contractors; contract terminated where both parties acted as if it had terminated and no commissions were due after termination per contract. Refs: Brock v Superior Care, 840 F2d 1054 (2d Cir 1988); Arbeeny v Kennedy Exec. Search, Inc., 71 AD3d 177 (1st Dept 2010). |
| PR08162 | 07/28/2010 | Fast Fresh Food & Gas, Inc. | Commissioner's calculation of unpaid wages due three employees was reasonable given lack of required records and supporting testimony of employees; 100% civil penalties reduced to 0 where investigator could not explain factors and file contained three separate findings of 0, 25% and 100%. |
| PR09034 | 07/28/2010 | Mohamed Oummih | Reconsideration granted where Petitioner showed that the notice of hearing was sent to an old address and the decision dismissing the petition was for failure to appear at hearing. |
| PR10051 | 07/28/2010 | J. Christopher Daly and Sheldrake Organizations, Inc. | Motion to dismiss untimely Petition was granted. |
| CI10007 | 07/28/2010 | Committee for Transport Workers' Rights, Inc. | Certification of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08076 | 06/23/2010 | Olga Weiss, Iwona Weiss and Color & Cut Beauty Salon, Inc. | Recalculated Order affirmed and two individuals held to be liable as employers based on Claimant's specific and credible testimony. |
| PR08077 | 06/23/2010 | Sawera Corp. (T/A Subway) | Order affirmed but modified where employer did not pay premium rate of time and one-half for overtime hours. Unpaid wage order modified where dates of employment listed in Order were less than those listed in the investigation and therefore, required a reduction in wages due. |
| PR09056 | 06/23/2010 | Patricia A. Hommel Cocchia (T/A Patricia A. Coccia, Esq.) | Vacation wages due based on Claimant's testimony that there was an agreement for vacation and Claimant had already taken a one week's paid vacation. |
| PR09198 | 06/23/2010 | Anthony Villani and Villani's Lawn & Landscape LLC | Motion to dismiss untimely petition granted. |
| PR09256 | 06/23/2010 | Patrik Hamancin (T/A Patrik Hamancin Construction) | Motion to dismiss untimely petition granted. |
| PR09332 | 06/23/2010 | Magalie Septimus and Saintilus Day Care Inc. | Motion to dismiss untimely petition granted. |
| PR10039 | 06/23/2010 | Patricia Dukofsky A/K/A Patricia M. Connolly and Interactive Party.com Inc. (T/A Interactive Entertainment) also (T/A Interactive Entertainment Concepts) | Motion to dismiss untimely petition granted. |
| PES08006 | 06/23/2010 | Anthony LaPlaca | Retaliation complaint remanded to Department of Labor for further investigation. |
| CI10003 | 06/23/2010 | Warren County Police Supervisor's Benevolent Association, Inc. | Certificate of Incorporation - Approved. |
| CI10005 | 06/23/2010 | Advertising Photographers of America, Inc. (American Photographic Artists, Inc.) | Application for Name Change - Approved. |
| CI10006 | 06/23/2010 | Great Neck Estates Patrolmen's Benevolent Association, Inc. (Great Neck Estates Police Benevolent Association, Inc.) | Application for Name Change - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR09009 | 05/26/2010 | Dae Lee and Amen Lee's Corporation (T/A Tip top Car Wash) | Order affirmed where petitioner carwash failed to produce adequate records of the daily hours employees worked and DOL's estimate of daily hours worked and wages owed, including "spread shift" pay, was reasonable based on employee statements and the petitioner's own records. Additionally, credible evidence demonstrated that the petitioner's employees did not receive enough in tips or gratuities to qualify for a tip allowance against minimum wage. Refs: 12 NYCRR 142-2.5; 12 NYCRR 142-2.4. |
| PR09136 | 05/26/2010 | Heng Zhen Wu and Zhou Fan Liu and 868 Restaurant Corp. | Motion to dismiss untimely petition granted. |
| PR09164 | 05/26/2010 | Jason Steven Widmer and ITW Industries, Inc. (T/A Getty of Ridge) | Motion to dismiss untimely petition granted. |
| PR09168 | 05/26/2010 | Awilda Cordero A/K/A Awilda Abreu | Motion to dismiss untimely petition granted. |
| PR09190 | 05/26/2010 | Steven R. Katz | Motion to dismiss untimely Petition was granted. |
| PR09316i | 05/26/2010 | Outstanding Transport, Inc. | INTERIM DECISION: Motion to dismiss appeal filed 61 days after issuance of Order denied where Department of Labor put misleading date on notice. |
| PR09331 | 05/26/2010 | Rolando Lantigua and El Generalisimo Restaurant, Inc. (T/A Hispaniola Restaurant) | Motion to dismiss untimely Petition was granted. |
| PR09388 | 05/26/2010 | Leo O'Brien and Leo O'Brien Racing Stable, Ltd.. | Motion to dismiss untimely Petition was granted. |
| CI08017 | 05/26/2010 | Arondizuogu Patriotic Union - USA (APU-USA NY, NJ, and CT), Inc. | Application dismissed without prejudice for failure to provide information. |
| CI09019 | 05/26/2010 | Union Temporary Services, Inc. | Application dismissed without prejudice for failure to provide information. |
| CI09027 | 05/26/2010 | Macquesten Union Grove LLC | Application dismissed without prejudice for failure to provide information. |
| CI10004 | 05/26/2010 | Hip Hop Summit Youth Council Worldwide Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06069 | 04/21/2010 | Humberto Merchan (D/B/A HA Cutting) | Civil Penalty for failure to register as a garment manufacturer was reduced. |
| PR08045 | 04/21/2010 | Barbara Purcell and John Purcell and Custom Rescue Vehicles and Equipment, Inc | Commissions due on sale of ambulances reduced based on facts presented at hearing. |
| PR08064 | 04/21/2010 | Mega Sound and Light LLC. | Order for unpaid commissions affirmed. |
| PR09002 | 04/21/2010 | Alan Savarick | Individual was not an employer where he did not have authority to hire or fire, supervise work schedules or otherwise control the conditions of employment. Ref. Herman v RSR Sec. Services, 172 F3d 132 (2d Cir 1999) |
| PR09036 | 04/21/2010 | Mi Jong Li and Emmelle Design Inc. | Proceedings discontinued where Petitioner paid penalties. |
| PR09169 | 04/21/2010 | Nabil Cheikhali and NM Transportation, Inc. (T/A NM Transportation) | Motion to dismiss untimely Petition was granted. |
| PR09263 | 04/21/2010 | Patrick L. Reynolds and Patrick L. Reynolds Stable, Inc. (Work Location Belmont Racetrack) | Motion to dismiss untimely Petition was granted. |
| PR09267 | 04/21/2010 | Ralph D'Alessandro (T/A Ralph D'Alessandro Racing Stable) (Work Location Belmont Racetrack) | Motion to dismiss untimely Petition was granted |
| PR09283 | 04/21/2010 | Marcia Campbell and Whitewing Real Estate, Inc. | Motion to dismiss untimely Petition was granted. |
| PR09311 | 04/21/2010 | Jean Suwal and Marrs Electric Sales Co., Inc. | Motion to dismiss untimely Petition was granted. |
| PR09361 PR10013 | 04/21/2010 | Thomas J. Burns D/B/A T.J. Ferro Trucking | Motion to dismiss untimely Petition was granted |
| PES07012 PES07013 PES07014 | 04/21/2010 | City of New York Department of Juvenile Justice - Crossroads Juvenile Center, Horizon Juvenile Center, Bridges Juvenile Center "Aff'd by City of New York v Industrial Board of Appeals, 31 Misc 3d 398 (Sup Ct New York County 2011), appeal pending" | Citation for violation of the General Duty Clause affirmed where passage of the Workplace Violence Protection Act did not constitute promulgation of a specific standard. |
| PES09018 | 04/21/2010 | Lake Mohegan Fire District | Petition withdrawn where violations were successfully abated. |
| CI09024 | 04/21/2010 | Sino Grand Union Consulting (U.S.A.) Inc. | Application dismissed for failure to provide information. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR07085 | 03/24/2010 | Shoji Kimura and Asian Products, Inc. and API Technology, Inc. | Civil Penalty of 25% of Wages Due was affirmed. |
| PR08056 | 03/24/2010 | Jeffrey H. Astor and Jeffco Plumbing, Inc. | Motion to dismiss untimely petition granted where affidavit of non-receipt of order was insufficient to rebut presumption of mailing and receipt given evidence of mailing. |
| PR08059 | 03/24/2010 | Robert Lovinger and Miriam Lovinger and Edge Solutions, Inc. | Individuals were liable for wages as "employers" but civil penalties were revoked where there was no witness to testify as to what factors were taken into account. |
| PR08079 | 03/24/2010 | Steve H. Sabba and Taxpro Financial Network Inc. | Order affirmed over petitioner's claim that claimant was not employed by him where claimant's testimony was corroborated by earlier admissions by petitioner in emails. |
| PR08172 | 03/24/2010 | Dueck Sun Kim Youn D/B/A Momo Despoke Tailor A/K/A Momo Custom Tailor | Employer liable for overtime for workers paid by piece-rate and the Department's calculation of hours worked based on the store's operating hours was reasonable where employer failed to keep time records. |
| PR09001r | 03/24/2010 | Samuel Parada, Sr. and Superior Car Wash and Accessories, Inc. (T/A Samuel's Car Wash) | Board Decision issued to correct Board's use of incorrect rate of pay in Decision issued in January 2010. |
| PR09014 | 03/24/2010 | Helen Sieger and Kingsbridge Heights Care Center, Inc. (T/A Kingsbridge Heights Rehabilitation and Care Center) | Petition withdrawn where Order paid in full. |
| PR09189 | 03/24/2010 | Zych Enterprises, Inc. | Motion for Reconsideration of October 2009 Board decision dismissing petition granted and case reinstated. |
| PES09002 | 03/24/2010 | Paul Danko | Case alleging retaliation for health and safety complaint was remanded for further investigation. |
| PES10001 | 03/24/2010 | District Council 37, AFSCME | Department of Labor decision to grant petition to modify abatement date to postpone abatement date 60 days affirmed. |
| CI09033 | 03/24/2010 | Local Union 45, U.B.C. and J.A. Scholarship Fund | Application for Name Change - Approved. |
| CI1002 | 03/24/2010 | Ijero Progressive Union, New York Chapter | Application for Name Change - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08158 | 01/27/2010 | Robert H. Minkel and Millwork Distributors, Inc. | Individual corporate owner was liable for unpaid wages as "employer" where he hired and supervised the employees, controlled payroll and maintained employment records. Ref. Herman v. RSR Sec. Servs. Ltd, 172 F3d 139 (2d Cir 1999) |
| PR09001 | 01/27/2010 | Samuel Parada, Sr. and Superior Car Wash and Accessories, Inc. (T/A Samuel's Car Wash) | Order for payment of minimum wages to car wash workers affirmed but modified where employees testified to a different period of employment than was on the audit; Commissioner may not amend order after hearing record is closed |
| PR09024 | 01/27/2010 | Nathan Godfrey (T/A A.S.U.) | Order for vacation pay affirmed. Ref. Labor Law 198-c. |
| PR09092 | 01/27/2010 | Valentin Voynoroskii and Rostov Auto Express, Inc. and Bukovina Express, Inc. | Petition dismissed as untimely. |
| PR09124 | 01/27/2010 | Sterling Rex Peters (T/A Rex Peters Roofing) | Petition dismissed as untimely. |
| PR09223 | 01/27/2010 | Phyllis Toohey | Board lacks jurisdiction over petition filed by wage claimant to challenge Commissioner's withdrawal of an Order. |
| PR09236 | 01/27/2010 | Jamie Desormeaux | Petition dismissed as untimely |
| CI09021 | 01/27/2010 | Central Labor Rehabilitation Council of New York, Inc. | Certificate of Dissolution - Approved. |
| CI09032 | 01/27/2010 | Schuyler County Road Patrol Assn., Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08111 | 12/14/2009 | Pamela Blum | Babysitter was employee where she worked in excess of 20 hours per week on a regular basis; however, no wages were due and issue of withholding was for the IRS and not the Board. |
| PR08128 | 12/14/2009 | Akiva Emergi and Eyal Ovadia and HOD Construction Corp. and Super Homes, Inc. d/b/a Superior Homes "Rev'd by Ovadia v Industrial Board of Appeals, 2012 NY Slip Opinion 3358 (Court of Appeals May 1, 2012)" | General contractor on private construction project found liable as an employer under Article 6 of the Labor Law for unpaid wages to subcontractor's employees where the employees used the general contractor's premises and materials to complete a discrete line job essential to the general contractor's process of construction, and the employees worked exclusively for the general contractor. Refs: 29 CFR 791.2; Rutherford Food Corp. v McComb, 331 US 722 [1947]; Zheng v Liberty Apparel Co., Inc., 355 F3d 61 [2d Cir 2003] |
| PR09076 | 12/14/2009 | Jay Nordin and Xtreme Home Design Inc. | Motion to dismiss untimely Petition granted. |
| PR09094 | 12/14/2009 | Gregory Lorenzo and Lorenzo Holding Corp. (T/A Rocket Express Delivery) | Motion to dismiss untimely Petition granted. |
| CI09030 | 12/14/2009 | Cigaldi Corp. | Certification of Assumed Name - Approved. |
| CI09031 | 12/14/2009 | Putnam County Sheriff's Department Police Benevolent Assn., Inc. | Certification of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08005 | 11/17/2009 | Abdul Wahid and Aniqa Halal Poultry Corp. | Order against chicken poultry market for unpaid wages and overtime based on employee interviews affirmed but modified. Liquidated damages affirmed. Ref. Mid-Hudson Pam Corp v. Hartnett, 156 AD2d 818. Labor Law 196-1, 663. |
| PR08115 | 11/17/2009 | Sam Hoffman | Liability of individual who owned 50% of corporation affirmed but civil penalties revoked where there was no testimony how statutory factors were applied. Ref.: Herman v RSR Security Services Ltd., 172 F3d 132 (2d Cir 1999); Labor Law 218. |
| PR08160 | 11/17/2009 | Sanford J. Mohel and Walsh Limousine Service, Inc. | Drivers of Limousine Service were employees and not independent contractors and wages and expense reimbursements were due. |
| PR09019 | 11/17/2009 | The Abate, Inc. (T/A Elda's on Lark) | Motion to dismiss untimely Petition granted. Ref.: Labor Law 101 |
| PR09145 | 11/17/2009 | Joseph Miele and Miele Sanitation Co. NY, Inc. | Motion to dismiss untimely Petition granted. |
| CI09021 | 11/17/2009 | Central Labor Rehabilitation Council, Inc. | Certificate of Dissolution of Corporation - Approved. |
| CI09022 | 11/17/2009 | Capital District Sheet Metal, Roofing and Air Conditioning Contractors | Application for Name Change - Approved. |
| CI09026 | 11/17/2009 | Crunch Union Square, LLC | Certification of Incorporation - Approved. |
| CI09029 | 11/17/2009 | New Paltz Police Association, Inc. | Certification of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08089 | 10/21/2009 | Rocky Napoli | Order modified to reflect evidence presented at hearing concerning dates of employment; individual found to be an employer under Hermann v. RSR Sec. Servs. Ltd., 172F3d 132 (2d Cir 1999) |
| PR08098 | 10/21/2009 | Abdul A. Saadat | Livery driver who drove one of the vans leased by Petitioner from livery company was not an independent contractor; Petitioner was an employer and liable for illegal deductions for workers' compensation insurance and uniform. |
| PR08107 | 10/21/2009 | Jeanette Fenti and Creative Think Tank Agency, Inc. | "Freelance" graphic designer who worked for one day was employee of advertising agency and not an independent contractor Ref. Brock v Superior Care, Inc., 840 F2d 1054 (2d Cir 1988). |
| PR08170 | 10/21/2009 | Gregory G. Kerber and Wurld Media, Inc. | INTERIM DECISION: Bankruptcy proceeding does not stay Board proceeding. Ref. In Re Jerome Pollock, Jr. Stone Artist, Inc., 402 BR 534 (Bktrcy NDNY 2009) |
| PR09085 | 10/21/2009 | Alemnesh Mengesha D/B/A MJM Mini Market | Petition dismissed as untimely. Five additional days are not added for mailing of Order. Ref. Matter of Business Credit Corp., PR08061 (December 17, 2008). |
| PR09125 | 10/21/2009 | Steven Sisskind, Abraham Wiesel and The Morgan Mint, Inc. (T/A Volpone Stamp Co., Inc.) | Petition dismissed as untimely. |
| PR09137 | 10/21/2009 | Renauld A. Gregg and Andrea Gregg and RAG Development Group Corp. | INTERIM: Motion for Reconsideration granted and Board's decision of August 27, 2009 is revoked. |
| PR09179 | 10/21/2009 | Joseph Williams | Petition granted and Petitioner's name removed from Order. |
| PR09231 | 10/21/2009 | David S. Erway, Jr. D/B/A Erway's Landscaping and Pond Design | Petition dismissed as untimely. Five additional days are not added for mailing of Order. Ref. Matter of Business Credit Corp., PR08061 (December 17, 2008). |
| CI09020 | 10/21/2009 | Rome Professional Fire Chief's Association, Inc. | Certificate of Incorporation - Approved. |
| CI09023 | 10/21/2009 | Union Ocean Shipping Limited | Application for Authority to Do Business in New York State - Approved. |
| CI09025 | 10/21/2009 | Local 259 UAW Building Corporation | Certificate of Incorporation - Approved. |
| CI09028 | 10/21/2009 | Association of Locations Professionals | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06081 | 08/27/2009 | York Furniture Centers, Inc. D/B/A York Furniture Gallery | Order affirmed but modified. Absent agreement to the contrary, draws against commission are only recoverable against future earned commissions and set the employee's minimum compensation. Salary advances and purchases could not be deducted from unpaid wages. Employer may not reduce salary without advance notice. Refs. Labor Law 193; In re Sherman, 627 F2d 594 (2nd Cir 1980); Royal Distributors Co. v Friedman, 141 NYS2d 786 (1985); Wolfsheimer v Frankel, 115 NYS 958 (1909). |
| PR07062 | 08/27/2009 | Ricardo J. Ahrens (T/A Ahrens Construction) | Order affirmed where employer failed to meet burden to establish that employee was an independent contractor or that, in the absence of records, wages were not due. |
| PR09025i | 08/27/2009 | Alan Goldschlager and Broadway 159 Wine and Spirits Inc. | INTERIM: Commissioner's motion to dismiss Petition is denied without prejudice and Petitioner is instructed to file an Amended Petition. |
| PR09058i SA09001 | 08/27/2009 | Anthony Boumoussa and Bay Parkway Super Clean Car Wash, Inc. | INTERIM: Board is not authorized to grant stay of entry of judgment on order to comply where Commissioner may not enter judgment during pendency of appeal of order. Refs.: Labor Law 218, 219, 657, 658. |
| PR09141 | 08/27/2009 | Penny Roberts and Edwin Rosario and Regina Check Cashing Corp. (T/A Regina Check Cashing and Financial Services) | Petition dismissed as untimely. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08090 | 07/22/2009 | Van Patten Enterprises, Inc. (T/A Kirby Vacuum) | Orders affirmed. Dealers who sold vacuum cleaners door to door were employees of the petitioner, not independent contractors, because the petitioner exercised sufficient control over the dealers' conditions of work. Additionally, the time that the dealers spent in orientation and training prior to engaging in any outside sales is compensable time not subject to the outside sales exemption. However, the amount of the wages due for training time must be modified where evidence showed that the dealers attended an average of 9 hours of unpaid orientation and training, not 24 hours as determined by DOL. Refs: Brock v Superior Care Inc., 840 F 2d 1054, 1059 [2d Cir 1988]; 12 NYCRR 142-2.14 [c] [5]. |
| PR08148 | 07/22/2009 | Philip Berwald and the Mortgage Bankers Corp. (T/A Mortgage Bankers) | Petitioner dismissed where parties notified the Board that the case had settled. |
| PR08176 | 07/22/2009 | Michael Moonan and Donna Milcetic and Garden City Maintenance, Inc. | Petitioner landscape and garden company failed to prove that claimant did not work two days where claimant testified as to days and hours and Petitioner's records were incomplete and contradictory. Ref. Ref. Angello v. Natl. Finance Corp., 1 AD3d 850 (3d Dept 2003). |
| PR09063 | 07/22/2009 | Donny Graber and Internet Telephone Provider, Inc. (T/A ITP, Inc.) | Petition dismissed as untimely. |
| CI08024 | 07/22/2009 | Liberty Policemen's Benevolent Association, Inc. | Application for Approval of Certificate of Incorporation dismissed for failure to file necessary information. |
| CI09002 | 07/22/2009 | Unioncare, LLC | Application for Approval of Certificate of Incorporation dismissed for failure to file necessary information. |
| CI09014 | 07/22/2009 | Bethlehem Police Supervisor's Association, Inc. | Certificate of Incorporation - Approved. |
| CI09015 | 07/22/2009 | National Labor Alliance of Health Care Coalitions, Inc. | Amendment to Certificate of Incorporation - Approved. |
| CI09016 | 07/22/2009 | Town of Lewisboro Municipal Employees Association, Inc. | Certificate of Incorporation - Approved. |
| CI09017 | 07/22/2009 | Great Neck Buildings and Grounds Supervisors Association Inc. | Certificate of Incorporation - Approved. |
| CI09018 | 07/22/2009 | EKRA Ltd. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR07104 | 06/18/2009 | Rick Mercendetti and Rainmaster Irrigation Systems, LLP | Wage Order affirmed where Petitioner attempted to lower the agreed rate of pay retroactively; Penalty Order revoked where Petitioner provided evidence of keeping payroll records and Commissioner failed to show that records were requested and not furnished. |
| PR08043 | 06/18/2009 | Michelle Mosher (D/B/A Personal Touch Cleaning Service) | Petitioner failed to meet burden of proving that Order was unreasonable or invalid where Petitioner's statements on rate of pay and days worked were inconsistent and not credible. |
| PR08067 | 06/18/2009 | Paul Flanagan and Flanagan Design and Display Inc. | Wage Order affirmed where Petitioner's argument that Claimant was not entitled to three weeks' wages due to poor performance is not a valid defense.Ref. Guepet v Intl. TAO Sys., Inc., 110 Misc2d 940 (Sup Ct Nassau County 1981) |
| PR08093 | 06/18/2009 | Four J's Sportswear Inc. | Penalty Order for failure to maintain and furnish payroll records affirmed where Petitioner only had records for two of its six employees. |
| PR09003i | 06/18/2009 | William Mark Dictor and Hanlon Auto Transport Inc. | INTERIM: Commissioner's motion to strike certain paragraphs of the petition granted in part, where those paragraphs demonstrated practices that are unlawful deductions from employee wages as a matter of law in violation of Labor Law ss. 193. Specifically, deductions from employee wages for damage or potential damage to the employer's property, withholding wages to penalize an employee for alleged misconduct, and charging a fee to employees who opt for direct deposit of their wages, are violations of Labor Law ss. 193. |
| PR09027 | 06/18/2009 | Helen Edgington and The Spencer Hotel, Inc. | Petition dismissed as untimely. |
| PR09059 | 06/18/2009 | Jason Witover and 5 Star Home Improvement Inc. (T/A Green Machine Lawn Maintenance Inc. | Petition dismissed as untimely. |
| CI09013 | 06/18/2009 | Greece Uniformed Fire Officers Association, Local 4640, IAFF, ALF-CIO, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06092 | 05/20/2009 | Hand Held Films, Inc. | Complainant was due overtime where Petitioner failed to meet its burden that Complainant camera technician was an exempt management employee; calculation of unpaid overtime wages due based on employee estimate was reasonable where employer failed to have records. |
| PR07093 | 05/20/2009 | Mohammed Aldeen and Island Farm Meat Corp. (T/A Al-Noor Live Poultry) "Aff'd by Aldeen v Industrial Board of Appeals, 82AD3d 1220 (2d Dept 2011)" | Order to pay unpaid wages was reasonable even though it was based on employee interviews where employer failed to have records and employee testimony at the hearing was not credible or sufficiently specific to meet employer's burden to prove that the order was invalid or unreasonable. Ref.: Mid-Hudson Pam Corp. v. Hartnett, 156 AD2d 818 (3d Dept 1989); Anderson v. Mt. Clemens Pottery Co., 328 US 680 (1949). |
| PR08094 | 05/20/2009 | Alon Hen and Integrity Collision and Towing Inc. | Order affirmed. Commissioner's order finding petitioner towing company was the employer of claimant tow truck driver was reasonable where there was no evidence that the claimant operated his own company, and where the evidence showed that petitioner exercised control over the claimant by determining work schedule and rate of compensation, dispatching service calls to the claimant and providing him with equipment needed to perform the work. Refs: Labor Law 190; Labor Law 191; Brock v. Superior Care, Inc., 840 F2d 1054 (2d Cir 1988). |
| PR08167 | 05/20/2009 | Louis Cacace and SV Video Service, Inc. | Petition dismissed as untimely. |
| PES07008 | 05/20/2009 | Mateusz J. Nadolecki | Determination affirmed. Petitioner failed to meet his burden to prove that a determination of the Commissioner to take no further action on his discrimination complaint under the Public Employee Safety and Health Act (PESHA) was unreasonable or invalid where the evidence demonstrated that the Department of Labor's investigation of the Petitioner's claim was reasonable. The Board's role was not to determine whether the Petitioner was discriminated against, but whether the Commissioner's determination that he was not discriminated against was reasonable. That the record contained some evidence which may give rise to another conclusion is not sufficient to find that the determination was unreasonable. Refs: Labor Law 27-a (10) (a); Matter of Brian Colella, Docket No. PES 04-004 (August 22, 2007); McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1972); Price Waterhouse v. Hopkins, 490 U.S. 228 (1989); Dept of Correctional Services v. Division of Human Rights, 238 AD2d 704 (3d Dept. 1997). |
| CI09009 | 05/20/2009 | West Islip Secretarial Employees, Inc. | Certificate of Incorporation - Approved. |
| CI09010 | 05/20/2009 | Union Land, Inc. | Application of Foreign Corporation for authority to do business in New York - Approved. |
| CI09011 | 05/20/2009 | International Trade Union Confederation Ltd. | Certificate of Incorporation - Approved. |
| CI09012 | 05/20/2009 | United Federation of Retail and Wholesale Workers of America, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR08014i | 04/22/2009 | Akber H. Hassam (T/A Dr. Akber H. Hassam, M.D.) | INTERIM: Motion to dismiss petition as untimely denied where Board ordered Petitioner to file an amended petition to clarify issues after 60 day appeal period expired but original letter of appeal was timely. Board had discretion to allow late filing of Amended Petition where no prejudice was shown. |
| CI09003 | 04/22/2009 | Union of Progressive Zionists/ J Street Education Fund, Inc. | Application to Change Corporate Name - Approved. |
| CI09004 | 04/22/2009 | Social Workers Association Corp. | Certificate of Incorporation - Approved. |
| CI09005 | 04/22/2009 | V.J.R. Management Corporation of America/ Union Transportation Services | Certificate of Assumed Name - Disapproved. |
| CI09007 | 04/22/2009 | Union Labor Health Care Coalition, Inc./ National Labor Alliance of Health Care Coalitions, Inc. | Proposed Name Change - Approved. |
| CI09008 | 04/22/2009 | Brooklyn Van Industry Association Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06067 | 03/25/2009 | La Simpatia Supermarket Corp. | Order to pay wages affirmed where Petitioner presented no evidence at hearing other than verified petition. |
| PR08021 | 03/25/2009 | Ramon Gonzales and Ramon Rodriguez and 261A Nassau Grocery Corp. | Order to pay wages to two employees affirmed but modified to eliminate liability of one individual employer for first claimant's wages where individual was not associated with the business when first claimant was employed. |
| PR08055 | 03/25/2009 | Marc Hochlerin and Ace Audio Video Inc. (T/A Ace Audio-Visual Co. and Ace Communication) | Order for payment of vacation and sick pay affirmed where employer failed to provide records or produce evidence that vacation or sick pay had been taken but the order was modified to reflect a reduced base rate of pay; civil penalties reduced. |
| PR08072i | 03/25/2009 | Paul Coppa and/or Ten's Cabaret Inc. | INTERIM: Commissioner's Motion to Dismiss Petitions as untimely denied where Order was not served on attorneys for employer as required by Executive Law 168 since the attorneys filed a notice of appearance with the Department of Labor after which all communications, except the Order, were solely with the attorneys. |
| PR08085 | 03/25/2009 | Kimberly Knits | Petition dismissed as untimely. |
| PR08086i | 03/25/2009 | Goy Lovell and Orin Lovell and Charisma Travel Inc. | INTERIM: Commissioner's Motion to Dismiss Petition partially granted since allegation that one of the employees due wages is in the United States illegally and provided false documentation is not a defense to claim for unpaid wages. |
| PR08132 | 03/25/2009 | Susan Walsh (T/A Hart Salon and T/A Hart and Company Salon and Day Spa) | Petition dismissed as untimely. |
| PR08134 | 03/25/2009 | Laszlo Keszthelyi and Igor Construction Corp. | Petition dismissed as untimely. |
| PR08154 | 03/25/2009 | Dennis Dumbleton and Dumbleton Used Auto Parts, Inc. (T/A Dumbleton Used Auto Parts) | Petition dismissed as untimely. |
| PES08003i | 03/25/2009 | July 4 Ever Inc. and Vincent Esposito | Determination's finding that fireworks within a box truck were not in transit, but were improperly stored is sustained; findings that Petitioners misrepresented on explosives license renewals that they did not have employees and on permits for display fireworks that they had certain insurance were vacated as not supported by substantial evidence or law. Order modified by substituting the penalty of suspension for the penalty of revocation of explosives license and explosives magazine certificates. Revocation was determined to be unreasonably harsh. |
| CI09003 | 03/25/2009 | The Union of Progressive Zionists (J Street Education Fund) | Application to Change Corporate Name - Approved. |
| CI09006 | 03/25/2009 | Apu USA, Inc. (Arondizuogu Patriotic Union, NY, NJ, CT) | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR07084 | 01/28/2009 | Crystal DeLorenzo dba Wade Travel Agency | Order modified to change name of employer; order to pay commissions affirmed but civil penalty reduced. |
| PR08009 | 01/28/2009 | Hakman Choi and Soon Cheol and Joyco USA Ltd. | Order to pay wages affirmed in part based on employer's inability to overcome burden of proof and modified in part based on credibility determination. Ref. Angello v. Nat'l Fin. Corp., 1 AD3d 850 (3d Dept 2003). |
| PR08135 | 01/28/2009 | Joseph P. Doyen and Darsi L. Doyen dba Darsi's (T/A Darsi's Grape Country Kitchen) | Petition dismissed as untimely. |
| PR08161 | 01/28/2009 | Hye Ran Park and Chan Hyuk Park and Tae-Ok Park and Shin Po USA Corp. | Petition dismissed as untimely. |
| PR08173 | 01/28/2009 | Ramjit Hermraj and Elite Accounting Services, Inc. | Petition dismissed as untimely. |
| PES07011 | 01/28/2009 | Mateus Nadolecki | Withdrawal of Petition approved. |
| CI08027 | 01/28/2009 | Coney Island Council for Service for the Aged, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06068 | 12/17/2008 | Frank R. Kline, Nicholas C. Memmo, Klaus Koch, Stephen D. Weinroth and Joseph Ferguson | Orders to pay wages modified to remove names of individual petitioners where sole theory of liability was based on shareholder liability under Business Corporations Law 630. |
| PR07092 | 12/17/2008 | David Shehadeh and 4121 Church Meat Corp. (T/A Associated Supermarket) | Order imposing $500 penalty for failure to register as apparel contractor upheld where Petitioner failed to provide all necessary documentation supporting registration application and registration was never issued. |
| PR08025 | 12/17/2008 | Ira Holm and RSI, Inc. and RISC Midland Ave. Corp. | Order against individual Petitioner upheld where he hired, trained, supervised and controlled the employee as well as signed her paycheck. Ref. Herman v. RSR Sec. Servs. Ltd., 172 F3d 132, 139 (2d Cir 1999) |
| PR08061 | 12/17/2008 | Norman Carnoil and Business Credit Corp. | Petition dismissed as untimely where it was not filed within 60 days of issuance of the Order. There is no provision for adding 5 days to limitations period where Order is served by mail. Ref. Board Rule 65.3. |
| PR08078i | 12/17/2008 | RAM Hotels, Inc. (T/A Rodeway Inn) | INTERIM: Petition for reconsideration granted where Petition had been dismissed for failure to file an amended Petition where supporting affidavit alleged failure to received Board's request for an amended Petition and past conduct indicated that Petitioner would not have ignored Board's request if it had received it. |
| PES06004 | 12/17/2008 | NYC Department of Transportation (5 Dubois Avenue, Staten Island, NY) | PESH Citations for failure to comply with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD) during road repair were revoked where DOL failed to specify with particularity the standards it alleged were violated. Citations may only be issued for violations of MUTCD Standards and not Guidance Statements. Ref; Labor Law 27-a (6) (a). |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06086 | 11/19/2008 | My Service Center, Inc. | Orders upheld finding that Petitioner made illegal deductions from an employee's wages in violation of Labor Law 193, failed to pay overtime in violation of Article 19 of the Labor Law, and did not keep required records in violation of Labor Law 661. Employee's primary duty was not management and therefore he was not a bona fide executive exempt from overtime. It was unlawful deduction from wages in violation of Labor Law 193 for Petitioner to deduct the cost to repair vehicles damaged by the employee from the employee's wages. Refs: 12 NYCRR 132-2.14 (c); Labor Law 193; Wetzel Services v. Industrial Board of Appeals, 252 AD2d 312 (3d Dep't 1998); Donovan v. Burger King Corp., 675 F2d 516 (2d Cir. 1982); Matter of Claim of La France, 173 AD2d 989 (2d Dept. 1991). |
| PR08129 | 11/19/2008 | Sulakhan Singh and Earth Development and Construction Group, Inc. | Petition dismissed as untimely. |
| CI08002 | 11/19/2008 | Heritage Union Services, LLC | Proceeding discontinued for failure to file necessary paperwork. |
| CI08023 | 11/19/2008 | Associate Musicians Metropolitan Opera Inc. | Certificate of Incorporation - Approved. |
| CI08025 | 11/19/2008 | Crew Cuts Sound, Inc. (Sonic Union, Inc.) | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR07103 | 10/22/2008 | Nathan Rosenblatt and Ashland Maintenance Corp. (T/A Ashar Cleaning Corp.) | INTERIM: Commissioner's motion to dismiss Petition denied. Pleadings must be liberally construed and defects ignored in the absence of prejudice to the non-moving party. The Petition sufficiently notified the Commissioner that the Petitioners denied owing wages and contested individual liability. Petitioners are directed to file an Amended Petition conforming with 12 NYCRR 66.3. Refs: Estate of Unterweiser v. Town of HempsteadI, 235 AD2d 453 (2d Dept. 1997); Bernberg v. Health Management Systems, Inc., 303 AD2d 348 (2d Dept. 2003); 12 NYCRR 66.3. |
| PR08020 | 10/22/2008 | Kamran Malekan and Il Prezzemolo, Inc. (T/A Joe's Pizza) | Order modified. Petitioners partially met their burden of proof by demonstrating that Claimant worked less hours than set forth in Order; however, Petitioner still owed overtime wages to Claimant who worked over 40 hours per week and was paid by weekly salary. Refs: 12 NYCRR 137-1.3; 12 NYCRR 137-3.5. |
| PES07004 | 10/22/2008 | New York State Thruway Authority/New York State Canal Corp. | INTERIM: Petitioner's motion to set aside Commissioner's Order on the grounds that Petitioner was denied the opportunity for a Board hearing within a reasonable time denied where Petitioner failed to establish substantial prejudice where delay in responding to subpoenas and discovery demands and confusion as to notice of violations was correctable. Commissioner ordered to produce further documents, responses and privilege logs in response to Petitioner's discovery demands. In camera inspection of privileged documents ordered. Petitioner given right to renew its objection that it had inadequate notice of certain violations that Petitioner asserts were unrelated to the standard for which it obtained a variance and the conditions imposed by the variance. Board orders striking of multiple violations issued for the same hazardous condition. |
| CI08020 | 10/22/2008 | Village of Cold Spring Police Benevolent Assn., Inc. | Certificate of Incorporation - Approved. |
| CI08021 | 10/22/2008 | A.T. West 16th Enterprises, Ltd. D/B/A Union Prime | Certificate of Assumed Name - Approved. |
| CI08022 | 10/22/2008 | Eastchester Professional Firefighters Local 916, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06073 | 09/24/2008 | Angela Jay Masonry and Concrete, Inc. | Unpaid wage Order upheld where employer failed to keep required records and evidence produced at hearing of hours worked by employee was incomplete, general and conclusory; DOL properly relied on employee complaints in determining wages owed per Labor Law 196-a and investigation was not insufficient. Ref. Angello v. National Finance Corp., 1 AD3d 850 (3d Dept 2003) |
| PR07035 | 09/24/2008 | Gary Yorke and/or Pristine Plumbing and Heating, Inc. | Complainant was not a bona fide executive or a partner and therefore entitled to file an unpaid wage claim with the Commissioner pursuant to Article 6. Discussion of factors used in determining bona fide executive. Ref. Pachter v. Bernard Hodes Group, Inc., 10 NY3d 609 (2008). |
| PR07041 | 09/24/2008 | Uncle Sam's House, Inc. | Order affirmed. Petitioner produced no evidence that it was an approved rehabilitation program under 12 NYCRR 142-2.13. Therefore, deductions taken by the Petitioner from program participants' wages for program fees, transportation costs, and key deposits are unlawful deductions from wages under Labor Law 193. Additionally, Petitioner did not meet its burden to show that it did not owe wages to one named employee. Refs: Labor Law 193; Labor Law 190 (3); Labor Law 651 (6). |
| PR08016 | 09/24/2008 | Motion to dismiss Petition as untimely granted. | Motion to dismiss Petition as untimely granted. |
| PR08022 | 09/24/2008 | Borough Park Food Mart, LLC | INTERIM: Motion to dismiss Petition as untimely was denied where the initial Petition was filed within 60 days of the Order and later clarified by amendment per Board Rule 65.13. Ref. Angello v. National Finance Corp., 1 AD3d 850 (3d Dept 2003). |
| PR08026 | 09/24/2008 | Foster Properties, LLC (T/A Maggie's Pub) | INTERIM: Motion to dismiss Petition as untimely was denied where the initial Petition was filed within 60 days of the Order and later clarified by amendment per Board Rule 65.13. Although amendment was beyond due date, Board has discretion to allow late amendment where there is no prejudice. Ref. Angello v. National Finance Corp., 1 AD3d 850 (3d Dept 2003). |
| PES08003 (SA08002) | 09/24/2008 | July 4 Ever, Inc. and Vincent Esposito | INTERIM: Petitioner's Stay Application denied. |
| CI08014 | 09/24/2008 | Marlborough Town Police Benevolent Association, Inc. | Certificate of Incorporation - Approved. |
| CI08015 | 09/24/2008 | NYS Courts Police Benevolent Association, Inc. | Certificate of Incorporation - Approved. |
| CI08016 | 09/24/2008 | Teachers for a Just Contract | Certificate of Incorporation - Approved. |
| CI08018 | 09/24/2008 | Clinton County Deputy Sheriff's Police Benevolent Association, Inc. | Certificate of Incorporation - Approved. |
| CI08019 | 09/24/2008 | Bricklayers and Allied Craftworkers Local 5 Realty Corporation | Certificate of Incorporation - Approved. |
| CI08019 | 09/24/2008 | Bricklayers and Allied Craftworkers Local 5 Realty Corporation | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR 07-019 | 07/30/2008 | Franbilt, Inc. and/or Thomas J. Barnes, and/or Michael J. Burns | The owner and sole shareholder of a fabrication and machine company is an employer where he has hiring authority (even if unexercised), and oversight of decisions such as pay rate. The former CFO (with no ownership interest) of the same company is not an employer when he had no authority or control during the time period in question. Refs., Chu Chung v. The New Silver Palace Rest., Inc., 272 F Supp 2d 314; Herman v. RSR Sec. Servs. Ltd., 172 F3d 132 (2d Cir 199) |
| PR 07-022 | 07/30/2008 | Apple Sports Wear, Inc. | Order against apparel retailer modified where credible proof at hearing reduced hours worked by Complainant |
| PR 07-097 | 07/30/2008 | Bella Krementsova and Polishmaid, Inc. | Order against maid service for unpaid wages upheld where Petitioner failed to keep required records or show proof of payment to employee. Refs., Angello v. Natl. Fin. Corp., 1 AD 3d 850 [3d Dept 2003]; Matter of Mid Hudson Pam Corp. v. Hartnett, 156 AD 2d 818 (3d Dept 1989); Maggione v. Bero Constr. Corp., 106 Misc 2d 384 (Sup. Ct. Seneca County 1980) |
| PR 08-023 | 07/30/2008 | Diharam Singh and Efficient Auto Collision Repair, Inc. | Petition dismissed as untimely. |
| PR 08-035 | 07/30/2008 | Carlo Lauro and Arrowhead Pond Farm, Inc. (T/A Animales and Aves De Granja) | Petition dismissed as untimely. |
| CI 08-013 | 07/30/2008 | La Union, Inc. | Certificate of Incorporation - Disapproved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06027 | 06/25/2008 | Urban Renewal Committee of South Jamaica, Inc. | Order for payment of wages against non-profit corporation was modified to the extent that the employer was able to establish that part of the employee's claim was paid but otherwise upheld where employer's records were inadequate because work packing up business was compensable although such work was not within the employee's normal duties. |
| PR06048 | 06/25/2008 | Leah Wilen and Darren Wilen | Order for payment of wages to domestic worker was upheld but modified where employers credibly testified that employee worked 5 days instead of 6, despite lack of records. |
| PR07047 | 06/25/2008 | David Schlockman and/or Mitchell Zimmerman and/or D.A.M. Clothing, Inc. | Three wage and wage supplement Orders affirmed directing payment of over $45,000 in unpaid salaries, commissions and expenses owed to 5 employees. Having failed to produce accurate records, the Commissioner's calculation of the wages must be credited unless Petitioner proves that the employees were paid the disputed amounts. Petitioner's evidence on the sole issue at hearing - the accuracy of DOL's calculations of wages owed - was too general and conclusory to shift such burden. Ref. Angello v. National Finance Corp., 1 AD3d 850 [3d Dept. 2003];Matter of Mid-Hudson Pam Corp. v. Hartnett, 156 AD2d 818, 821 [3d Dept. 1989]. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR07002 | 05/28/2008 | Josef Mendlovic T/A United Hudson Management Co. | Building superintendent was employee of property management company where he was hired by the company and performed services for it. |
| PR07094 | 05/28/2008 | Clarence Carnahan | Petition dismissed for failure to provide copy of Order of the Labor Commissioner or contact information. |
| PR07099 | 05/28/2008 | Sokana Corp. (T/A Manny's Steakhouse and Seafood) | Petition dismissed pursuant to Labor Law 101 for failure to file within 60 days of issuance of the Order |
| PES07010 | 05/28/2008 | Corrie Berman | Petition dismissed where Petitioner failed to respond to Board inquiry concerning its withdrawal of complaint. |
| CI08007 | 05/28/2008 | Town of Mount Hope PBA, Inc. | Certificate of Incorporation - Approved |
| CI08009 | 05/28/2008 | Ramapo Police Superior Officer's Association, Inc. | Certificate of Incorporation - Approved |
| CI08010 | 05/28/2008 | Union Payroll Agency | Certificate of Incorporation - Disapproved |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR 05-068 | 04/23/2008 | 238 Food Corp. (d/b/a Riverdale Diner) | Order upheld where restaurant industry employee, although he was given the title of "chef", was not exempt from overtime requirements because his primary duty was to cook, not to supervise other employees; he did not customarily and regularly direct the work of two or more other employees; he did not have the authority to hire and fire; and he did not customarily and regularly exercise discretionary powers as evidenced by his lack of input into the creation of the menu. Additionally, the Board found it reasonable for the Commissioner to collect unpaid wages for a period six years prior to the date the claimant filed a complaint with the Department of Labor. Refs: 12 NYCRR 137-1.3; 12 NYCRR 137-2.2; 29 C.F.R. 541.202 (b); Matter of Mid-Hudson Pam-Corp. v. Hartnett, 156 AD2d 818 (3d Dept 1989); Giles v. City of New York, 41 F.Supp.2d 308 (SDNY 1999);Labor Law 663 (3); Labor Law 196 (1) (a); 12 NYCRR 137-2.1 (a). |
| PR 06-053 | 04/23/2008 | Business Computer Answers, Inc. | Terms of the contract between Petitioner and Complainant governed the payment of commission-bonuses, and absent an agreement to the contrary, commissions are not forfeited by an employee's discharge or resignation. It is an unlawful deduction from wages to garnish an employee's wages to recover overpaid commissions. Order modified from $27,132.05 in unpaid commission-bonuses to $6,128.25 because record supported the lesser amount, and imposition of a civil penalty was unreasonable in this case because there was no evidence that the violation was willful or egregious. Ref., Labor Law 191; Labor Law 193; Hall v. United Parcel Service, 76 NY2d 27, 37 [1990]; Reilly v. Natwest Markets Group, Inc. 181 F.3d 253, 265 [2d Cir. 1999]; Genes v. Yellow Book of New York, 23 AD3d 520, 521 [2d Dep't 2005]; Edlitz v. Nipkow and Kobelt, Inc., 264 AD2d 437 [2d Dep't 1999]; Gebhardt v. Time Warner Entertainment-Advance/Newhouse, 284 AD2d 978, 979 [4th Dep't 2001]; Matter of First Coinvestors, Inc. v. Carr, 159 AD2d 209 [1st Dep't 1990]; Jacobson v. Sassower, 66 NY2d 991, 993 [1985]; Mirchel v. RMJ Securities Corp., 205 AD2d 388, 390 [1st Dep't 1994]. |
| PR 06-057 | 04/23/2008 | Smarty of New York, Inc. | Penalty for failure to register upheld where "cutting" is within definition of apparel manufacturing. Labor Law 340. |
| PR 06-099 | 04/23/2008 | Michael E. Fischer (D/B/A MEFCO Builders) | Unpaid wage Order against construction contractor upheld where employer's evidence of hours worked by employee was too incomplete, general and conclusory in light of its failure to keep records. Ref. Angello v. National Finance Corp., 1 AD3d 850 (3d Dept 2003) |
| PR 07-014 | 04/23/2008 | Floral Park Community Church | Interim pastor of church was due wages where church "suffered or permitted" her employment where she continued to conduct services and minister to the parish after Board of Trustees terminated her employment. Civil penalty of 25% of unpaid wages upheld under Labor Law 218. |
| PR07057i | 04/23/2008 | New York Harm Reduction Educators, Inc. | INTERIM: Petition dismissed in so far as it alleges that the Order is unreasonable or invalid for finding that Petitioner violated Labor Law 193, because a deduction from wages to recover alleged stolen funds is unlawful as a matter of law. Ref., Labor Law 193; Matter of Angello v. Labor Ready, y NY3d 579, 584 (2006). |
| CI 08-003 | 04/23/2008 | Akunwanta Improvement Union Overseas, Inc. | Certificate of Incorporation - Approved |
| CI 08-005 | 04/23/2008 | Freelancers Union, Inc. | Application of Authority to Conduct Business in New York - Approved. |
| CI 08-008 | 04/23/2008 | Healthcare Industry Grant Corporation | Certificate of Amendment of Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR 05-035 | 03/26/2008 | L.R.H. Supermarket Inc. (D/B/A C-TOWN) | Order to pay overtime affirmed where petitioner supermarket could not meet its burden of proof where it failed to keep required time and payroll records. Overtime rate of pay determined by dividing weekly salary by hours worked absent specific contract. Spread of hours pay due only where interval between beginning and end of employee's work day is in excess of 10 hours. Ref., Labor Law 661, 12 NYCRR 142-2.4, 2.6, 2.18. |
| PR 06-074 | 03/26/2008 | Zodiac Kids, Inc. | Order to pay overtime affirmed where petitioner could not meet its burden of proof where it failed to keep required time and payroll records. Overtime rate of pay based on hourly rate higher than minimum wage. Hearsay admissible where probative and reliable. Ref., Labor Law 661, 12 NYCRR 142-2.4, 2.6, 2.16. |
| PR 07-025 | 03/26/2008 | IFA INC., and/or Andreyev Koroshikh and/or Feliks Andreyev (T/A Personal Touch Car Wash) | Order to pay overtime affirmed where employer's time and payroll records were not credible Ref., Labor Law 661, 12 NYCRR 142-2.4, 2.6, 2.18. |
| PR 07-093 | 03/26/2008 | Mohammed Aldeen and Island Farm Meat Corp. (T/A Al-Noor Live Poultry) | INTERIM: Alleged unlawful presence of the Petitioner's employees in the United States does not bar the Commissioner of Labor from recovering overtime wages on their behalf. Refs: Board Rule 65.13; Balbuena v. IDR Realty LLC, 6 NY3d 338 (2006); Flores v. Amignon, 223 F.Supp.2d 462 (EDNY 2002); Pineda v. Kal-Tech Constr., 15 Misc.3d 176 (N.Y. Cty. Sup. 2007). |
| PES07-012 | 03/26/2008 | The New York City Department of Juvenile Justice Crossroads Juvenile Center; The New York Department of Juvenile Justice Horizon Juvenile Center; The New York City Department of Juvenile Justice Bridges Juvenile Center | INTERIM: PES 07-012 (Crossroads Juvenile Center), PES 07-013 (Horizon Juvenile Center), and PES 07-014 (Bridges Juvenile Center) consolidated for hearing because the issues of fact and law are the same; and application for intervention of affected employees' collective bargaining representative granted. Refs: Board Rule 66.9; Board Rule 65.7; Board Rule 65.44. |
| CI 08-004 | 03/26/2008 | USRH D.C. and P.T., P.C. - DBA Union Square Rehab and Health, D.C.P.T. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06032 | 02/19/2008 | William Rand Fosdick (T/A Ellison-Rand Construction) | Complainant was an employee and not an independent contractor, for purposes of specified work performed under an employment agreement. Refs., Brock v. Superior Care Inc., 840 F2d 1054, [2nd Cir. 1988]; Ansoumana v. Gristede's Operating Corp., 225 FSupp2d 184 [SDNY 2003]. |
| PR06038 | 02/19/2008 | Bruce Ribble (d/b/a Perfecto Cleaners) | Upon an application for reconsideration of the Board's decision concerning Labor Law 195(6) penalty, further clarification was provided. However, the decision was sustained. |
| PR07033 | 02/19/2008 | Valley Equipment Company, Inc. | Employer's deductions from employees' wages for the right to use company owned vehicle for personal use was unlawful under Labor Law 193(1)(b). While the deductions at issue were voluntary and did benefit the employees, it was not expressly authorized under the statute or similar to the deductions authorized by the statute. Refs., Angello v. Labor Ready, Inc., 7 NY3d 579, [2006]. |
| PES07009 | 02/19/2008 | July 4 Ever, Inc. and Vincent Esposito | The Commissioner's order revoking the Petitioner's explosive dealer license and storage certificates based on the seizure of improperly stored Class C fireworks was invalid and unreasonable where Commissioner failed to prove seized fireworks were explosives. Refs., Tripoli Rocketry Assn, Inc. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, 437 F3d 75, 77 [DC Cir. 2006]. |
| CI07020 | 02/19/2008 | New York State Public Employer Labor Relations Association, Inc. | Certificate of Incorporation - Approved. |
| CI08001 | 02/19/2008 | Washingtonville Police Benevolent Association, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06059 | 01/25/2008 | The Center for Financial Planning, Inc. | Order requiring payment of vacation wages was affirmed where Petitioner's vacation leave policy did not adequately notify employees that accrued vacation leave would be forfeited upon termination. |
| PR06082 | 01/25/2008 | Bellport, Inc. (T/A US Petroleum) | In the absence of credible evidence to contradict the amount of unpaid overtime set forth in the Commissioner's Order, the Petitioner failed to meet its burden of proof and the Order was affirmed. |
| PR07019i | 01/25/2008 | Franbilt, Inc. and/or Thomas J. Barnes, and/or Michael J. Burns | INTERIM: Petition of Franbilt, Inc. dismissed where sole challenge that another company guaranteed payment did not relieve employer of liability for wages. The Petitions of the individuals will proceed to hearing. |
| CI07007 | 01/25/2008 | Minority Steamfitters for Unity and Equality N.F.P.C. | Certificate of Incorporation - Approved. |
| CI07011 | 01/25/2008 | Abstinence Education Council | Certificate of Incorporation - Approved. |
| CI07016 | 01/25/2008 | Hudson Valley Non-Teaching Professional Organization, Inc. | Certificate of Incorporation - Approved. |
| CI07017 | 01/25/2008 | Union Dental | Certificate of Incorporation - Disapproved. |
| CI07018 | 01/25/2008 | Union Hotel Corfu NY, LLC | Certificate of Incorporation - Approved. |
| CI07019 | 01/25/2008 | Union of Dominican Visual Artists, Inc. | Certificate of Incorporation - Disapproved. |
| CI07021 | 01/25/2008 | New York State Carpenters Labor Management Corporation | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06015 | 12/19/2007 | 15 Sweet Thing, Inc. (T/A Dakota Bar and Grill) | Certificate of Incorporation - Approved. |
| PR06038 | 12/19/2007 | Bruce Ribble (D/B/A Perfecto Cleaners) | Employer has burden of showing that complaining employees were paid properly where employer filed to keep adequate records. Refs. Angello v. Nat'l Fin. Corp., 1 AD3d 850 [3rd Dept 2003]. |
| PR06079 | 12/19/2007 | Rochester Linoleum and Carpet Center, Inc. | Where there is a dispute over the terms of employment (specifically, in determining whether a sales representative is salaried or working on commission), if a written instrument signed by both parties exists, the terms of that instrument control. Additionally, any ambiguities in the contract are interpreted against the drafting party. Refs. Guasteferro v. Family Health Network of Central New York, 203 AD2d 905 [1944]; Jacobsen v. Sassower, 66 NY2d 991 [1985]. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR06024 | 11/28/2007 | Frank Bova and App (Al) Joseph (T/A Nina's Ameritalia Restaurant) | Petitioner failed to meet his burden of proof where he only succeeded in showing the existence of a possible joint employer. Where Petitioner had authority and control over the restaurant employees and their wages he can be held liable for the wages owed. Ref. Bhanti v. Brookhaven Mem. Hosp. Med. Ctr., 260 AD2d 334 [2d Dept 1999]; Herman v. RSR Sec. Serv., Ltd., 172 F.3d 132 [2d Cir 1999]. |
| PR06049 | 11/28/2007 | Mudd (USA) LLC (T/A Mudd Jeans) | Employer's failure to register as an apparel manufacturer violated Labor Law 341 where the creation of prototypes and samples was sufficient to make the employer a manufacturer, as defined under 340 (d) - (f). Additionally, finding the employees to be independent contractors would not have been sufficient to exempt the employer because 340 applies to both manufacturers and their production employees as well as those they contract with to produce apparel. |
| PR06058 | 11/28/2007 | Sager Spuck Statewide Supply Co., Inc. | Deductions from wages for health insurance premiums were unlawful under Labor Law 193 (3) where the employee's signature on a health insurance benefits plan agreement 2 years prior was insufficient to qualify as an express authorization for deductions. Refs. Huntington Hosp. v. Huntington Hosp. Nurses Assn., 302 F.Supp.2d 34 [EDNY 2004]; Sniadach v. Family Fin. Corp., 395 U.S. 337 [1969]. |
| CI 07-014 | 11/28/2007 | Brotherhood of Retired Union Carpenters, Inc. | Certificate of Dissolution - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR04060 | 10/24/2007 | Yellow Book USA, Inc., and/or Yellow Book of New York Inc. | Orders finding commissions due to four advertising sales representatives affirmed. Petitioner's practice of taking "charge backs" (deducting money from commissions the claimants had already made for failure to renew with old clients) constituted illegal deductions under 193. Additionally, the protections afforded by 193 cannot be waived via contract. Refs. Gennes v. Yellowbook of New York, Inc., 3 Misc3d 520 [Sup Ct Nassau County 2004]; Hudacs v. Frito-Lay, Inc., 683 NE2d 322 [1997]; Levy v. Verizon Info. Serv., Inc., 498 FSupp2d 586 [EDNY 2007]; Dean Witter Reynolds, Inc. v. Ross, 75 AD2d 373 [1st Dept 1980]. |
| PR05082 | 10/24/2007 | Donald F. Farr, Jr., (D/B/A Don Farr Contractors Co.) | Petitioner had sufficient authority and control over construction workers to establish their status as employees rather than independent contractors. Petitioner's failure to keep payroll records and/or provide other evidence to dispute the Claimant's testimony as to the hours worked bars the Board from finding in his favor. Refs. Byong v. Cipriani, 1 NY3d 193 [2003]; Ansoumana v. Gristede's Operating Corp., 255 FSupp2d 184 [SDNY 2003]; Brock v. Superior Care, Inc., 840 F2d 1054 [2d Cir 1988]; Anderson v. Mt. Clemens Pottery Co., 328 US 680 [1946]; Do Nam Yang v. ACBL Corp., 427 FSupp2d 327 [SDNY 2005]. |
| PR06008 | 10/24/2007 | SMS General Contractors, Inc. | Order affirmed where Petitioner failed to meet his burden of proof where he provided no evidence to show that the Complainant mechanic had not worked for him during the specified time period. |
| PR06018 | 10/24/2007 | Tiferes Academy (T/A Yeshivas Tifersavos High School) | Claimant's alleged wrongdoing was insufficient justification for the withholding of wages where the Petitioner failed to show that the withholding was valid under 193. Additionally, employers are barred from withholding wages as a "self-help" remedy. Refs. Angello v. Natl. Fin. Corp., 1 AD3d 850 [3d Dept 2003]; P and L Group v. Garfinkel, 150 AD2d 663 [1989]. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR 05-009 | 09/26/2007 | Cayuga Lumber, Inc. | Previous Board decision reconsidered and Order affirmed in full. There is a rebuttable presumption that salary does not include a premium for overtime hours. There must be an explicit agreement that salary compensates the employee for overtime. Further, the Board puts to rest its previous reliance on Harper v Fredonia Seed Co. when calculating overtime rates. Refs., Giles v. City of New York, 41 F Supp 2d 308 (SDNY 1999); Overnight Motor Transp. Co. v. Missel, 316 U.S. 572, 578 (1978); Doo Nam Yang v. ACBL Corp., 427 F Supp 2d 329 (SDNY 2005) |
| PR-06-023 | 09/26/2007 | T'Amo Enterprises Inc. (T/A Taja Restaurant) | Orders requiring payment of tip appropriations and minimum wage underpayments to wait staff are reasonable where Petitioner failed to meet burden of disproving amounts owed. A penalty of $1,000 for failure to keep or furnish adequate payroll records was also upheld. Refs., Angello v. National Finance Corp 1 AD 3d 850, 768 NYS 2d 66 (3d Dept. 2003) |
| CI07015 | 09/26/2007 | World Lebanese Cultural Union, Inc. | Certificate of Incorporation - Approved. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR05052 | 08/22/2007 | JV Car Wash | Order affirmed. Petitioner's evidence which consisted of notarized but undated and unsworn statements by car wash employees did not satisfy burden of proof where Petitioner had no payroll records. Refs., Angello v. National Finance Corp. 1 A.D. 3d 850, 768 N.Y.S. 2d 66 (3d Dept. 2003) |
| PR05064 | 08/22/2007 | Workflow Solutions, LLC. | Commissioned salesperson is entitled to commissions where the order should have been released and billed prior to termination. Additionally, charge backs on commissions can be illegal deductions in violation of Labor Law 193 under Gennes v. Yellow Book, 3 Misc. 3d 519, 776 N.Y.S. 2d 758 (2004), affd 23 A.D. 520, 806 N.Y.S. 646 (2nd Dept 2005) |
| PR06003 | 08/22/2007 | Power Cooling, Inc. | Wage deductions for misconduct such as missing property are outside of the statutory exceptions found in Labor Law 193. Refs., Hudacs v. Celebrity Limousine Corp., 205 AD 2d 155 (3d Dept 1994); Guepet v. International Tao Sys., Inc., 110 Misc 2d 940 (Sup Ct Nassau County 1981); Maggione v. Bero Constr. Corp., 106 Misc 2d 384 (Sup Ct Seneca County 1980) |
| PR06019 | 08/22/2007 | Robert Scores (T/A On The Spot Auto Repair ) | Employer's failure to pay child support payments on employee's behalf while deducting amount from wages constitutes failure to pay all wages due to employee. Refs., Angello v. National Finance Corp., 1 A.D. 3d 850, 768N.Y.S. 2d 66 (3d Dept. 2003); Anderson v. Mt. Clemens Pottery Co. 328 U.S. 680 |
| PR06035 | 08/22/2007 | Lia Kes LLC | $3000 penalty for failure to register as apparel manufacturer upheld where Petitioner had prior violation |
| PR06095 | 08/22/2007 | Mt. Kisco Design Center, Inc. and/or Roberta Picarello | Motion to Dismiss Petition granted where Petitioner failed to file Petition within 60 days of Order. |
| PES05004 | 08/22/2007 | Brian Colella | A temporary public employee cannot be discharged in retaliation for filing a health and safety report. |
| CI06029 | 08/22/2007 | National Collegiate Union, Inc. | Proceeding discontinued for failure to file necessary information. |
| CI07004 | 08/22/2007 | Union Hispanic Multiservices Corp. | Proceeding discontinued for failure to file necessary information. |
| Docket Number | Date Issues | Case Name | Summary of Decision |
|---|---|---|---|
| PR03039 | 04/28/2004 | Cor Route 31 Company, LLC (Bed, Bath & Beyond) | Demand for Bill of Particulars may include request for production of documents. Ref. Board Rule 65.39 (12 NYCRR 65.39) |