Does the New York Labor Law permit manual employees who aren’t paid on time to receive liquidated damages? The First Department answered “yes” in Vega v. CM & Assocs. Constr. Mgmt., LLC, 175 A.D.3d 1144 (1st Dept. 2019). Most courts have followed Vega. Background Labor Law § 191 requires that…
Tipped employees in New York may end up receiving less than they’re owed if they don’t understand their legal rights. Here are some things you should know. Is There a Lower Minimum Wage for Tipped Employees? Yes, but only if certain preconditions are met. A common myth is that…
“Being unemployed is not just about financial loss, it’s also about loss of self-esteem and identity.” – Unknown Getting fired can be traumatic, especially for those who worked hard and invested time and energy in their careers. It can undermine one’s self-esteem and confidence, leading to feelings of shame, embarrassment,…
Published in New York Law Journal (Nov. 14, 2018).
Posted with permission by the Albany Law Review. The correct citation is: Scott A. Lucas, Labor Law Article 6: A Misunderstood Law that Fully Protects All Employees’ Wages, 80 Alb. L. Rev. 1355 (2016/2017). INTRODUCTION Wage theft occurs when an employer fails to pay wages or benefits owed.1 It harms…
Article 6 of the New York Labor Law (Labor Law §§ 190-199-a) is a fee-shifting statute, the overall intent of which is to protect employees from having their rightful wages kept from them.[1] The statute “reflects the state’s ‘longstanding policy against the forfeiture of earned but undistributed wages.’”[2] To protect…
In an 8 year battle over pregnancy discrimination, Scott A. Lucas represented three women who were harassed, mistreated and ultimately terminated once their employer discovered they were pregnant or suspected them of being pregnant. “The verdict sends a message to all employers that they can’t harass and fire women for being…
Samiento, et al. v. World Yacht, Inc., et al., 10 N.Y.3d 70, 883 N.E.2d 990, 854 N.Y.S.2d 83 (New York, 2008) In a case closely watched throughout New York State’s restaurant and banquet industry, Scott A. Lucas argued before the State’s highest court on behalf of 14 waiters suing to…
The Law Offices of Scott A. Lucas represented the plaintiff in a trial that produced one of the highest abuse of process awards ($2.6 million) in New York State history. The case, Brown v. Suggs, involved a 7½ year litigation against Willie Kathryn Suggs, a well-known Harlem real estate broker….
