Decisions
| Docket Number | Date Issued | Case Name | Decision Summary |
|---|---|---|---|
| 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. |
| 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 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 The civil penalty was revoked where the petitioners demonstrated good faith and that they had cooperated in the investigation, but liquidated damages were affirmed because the petitioners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 11086 | 12/17/2014 | Ashraf Elgharib and 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 However, the order was revoked with respect to unknown workers, because the Commissioner did not prove the number of unknown workers or their hours worked by a preponderance of the evidence.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| PR 11049 | 12/17/2014 | Edward Lillie | Order finding wages due to a dairy farm employee was revoked because it was incorrectly issued under Article 19 of the Labor Law.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 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 12-031 | 11/5/2014 | 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. |
| PR 10361 | 11/5/2014 | 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 10-188 | 11/5/2014 | 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. |
| PR14072 | 9/24/2014 | 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. |
| PR11186 | 9/24/2014 | 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. |
| PR10331 | 9/24/2014 | 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. |
| PR14085 | 8/1/2014 | 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. |
| PR12034 | 8/1/2014 | 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. |
| PR12016 | 8/1/2014 | 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. |
| PR11338 | 8/1/2014 | 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. |
| PR11241 | 8/1/2014 | 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. |
| PR11184 | 8/1/2014 | 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. |
| PR11040 | 8/1/2014 | 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. |
| PR10375 | 8/1/2014 | 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. |
| PR10339 | 8/1/2014 | 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. |
| PR10285 | 8/1/2014 | 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). |
| PR13198 | 7/1/2014 | Jeanette De Delyra a/k/a Jean De Lyra Ehrlich and Dan Ehrlich and Alice' of Oyster Bay, Inc. | Untimely petition dismissed. |
| PR13188 | 7/1/2014 | Juan Reyes and Lightwave Energy | Orders modified to remove petitioners. |
| PR11051 | 7/1/2014 | 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) |
| PR13163 | 5/22/2014 | 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. |
| PR13128 | 5/22/2014 | Michael Caruso | Commissioner' application to withdraw orders granted without prejudice. |
| PR12059 | 5/22/2014 | 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. |
| PR11375 | 5/22/2014 | Michael J. Waldron and Titan Mechanical Contracting, Inc. | Orders affirmed where petitioners failed to meet their burden of proof that the orders were invalid or unreasonable. |
| PR11202 | 5/22/2014 | Jacob Lebowitz and Cohen and Cohen, Inc. | Application by Commissioner to grant the petition with respect to interest and civil penalties approved. |
| PR11045 | 5/22/2014 | 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. |
| PR11017 | 5/22/2014 | 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. |
| PR13202 | 4/10/2014 | 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 | 4/10/2014 | Dolshe Gulsen and Style Icon LLC | Motion to dismiss untimely petition granted. |
| PR11203 | 4/10/2014 | 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 | 4/10/2014 | 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 | 4/10/2014 | 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. |
| PR13175 | 2/27/2014 | Sharon Reed Coluccio and Savario S. Coluccio and Fleet Street International Haircutters, Inc. | Motion to dismiss untimely petition was granted. |
| PR13061 | 2/27/2014 | Long Xiu Zhao and Royal Bodywork Spa Corp. | Petition dismissed where petitioners were not named in the order and lacked standing. |
| PR12042 | 2/27/2014 | 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. |
| PR11203 | 2/27/2014 | Jong Hak Choi (T/A Rosemary Farm) | Orders affirmed and modified where petitioner fruit stand had some payroll records but insufficient time records. |
| PR11180 | 2/27/2014 | Leo Tsimmer | Petition granted where individual proved that he was not an employer within the meaning of the law. |
| PR11174 | 2/27/2014 | 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. |
| PR11094 | 2/27/2014 | Rahman Arshad | Order revoked against individual where he testified that his involvement with the restaurant did not begin until after the claim period. |
| PR10301 | 2/27/2014 | 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. |
| PR09148 | 2/27/2014 | Nicola Marzovilla and Valdome, Inc. (T/A iTrulli) | January 2014 decision modified to correct dates during which accrual of interest was suspended. |
| PR13127 | 1/16/2014 | Gennuse G. Agbisit and Orient Pearl Construction LLC | Motion to dismiss untimely petition was granted. |
| PR13125 | 1/16/2014 | Rudy Rosenberg | Board lacks jurisdiction over petition of wage claimant to challenge Commissioner's decision not to pursue claim |
| PR11366 | 1/16/2014 | 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. |
| PR11198 | 1/16/2014 | 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. |
| PR11160 | 1/16/2014 | 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. |
| PR11053 | 1/16/2014 | 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. |
| PR10404 | 1/16/2014 | Zeng Chao Pan | Order against individual revoked where he was not an employer within the meaning of the Labor Law. |
| PR10365 | 1/16/2014 | 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. |
| PR10354 | 1/16/2014 | 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. |
| PR10303 | 1/16/2014 | 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. |
| PR10239 | 1/16/2014 | Sean Miles and Albert F. Schweitzer d/b/a Eats & Treats | Consolidated with PR10239: Order against Miles affirmed as default. |
| PR10237 | 1/16/2014 | Albert F. Schweitzer | Consolidated with PR10239 - Order revoked for individual petitioner where he was not an employer within the meaning of the Labor Law. |
| PR09148 | 1/16/2014 | 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) |
| 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. |
| PR12105 | 11/20/2013 | Denise Pliego and That's a Wrap and More Inc. (T/A That's a Wrap) | Untimely petition dismissed. |
| PR12076 | 11/20/2013 | Viktor Vorfi and Side-by-Side Pizza & Burek Inc. | Untimely petition dismissed. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| PR13093 | 10/2/2013 | Thomas C. Amendola and Ocean Bay Massage Therapy, P.C. | Orders revoked where wages were paid prior to the issuance of the orders. |
| PR12190 | 10/2/2013 | Eric M. Vincent | Orders modified to remove name of petitioner where wrong person was named. |
| PR12151 | 10/2/2013 | Darci DeMattteo and Say Cheese and Thank You, Ltd. | Orders revoked where petitioners had paid claim prior to issuance of order. |
| PR11138 | 10/2/2013 | Colville Ivor Bascom and North Bronx Activities Center, Inc. | Orders modified per agreement of the parties. |
| PR11115 | 10/2/2013 | 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. |
| PR11113 | 10/2/2013 | Ronald Suhanosky Jr. | Individual consultant was not an employer within the meaning of the Labor Law. |
| PR11077 | 10/2/2013 | 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. |
| PR11070 | 10/2/2013 | Brite Limousine International, Inc. | Order affirmed where driver of limousine company was determined to be an employee and not an independent contractor. |
| PR10399 | 10/2/2013 | 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. |
| PR10396 | 10/2/2013 | 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. |
| PR10335 | 10/2/2013 | 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. |
| PR10331 | 10/2/2013 | 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. |
| PR10305 | 10/2/2013 | 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. |
| PR10281 | 10/2/2013 | 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. |
| PR10189 | 10/2/2013 | 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. |
| PR12168 | 7/25/2013 | 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. |
| PR12138 | 7/25/2013 | Tracy L. Spinuzza and Pino's Pizzeria and Restaurant, Inc. | Untimely petition dismissed. |
| PR12136 | 7/25/2013 | Susan Samuel and It Takes a Community to Raise a Child, Inc. | Untimely petition dismissed. |
| PR12134 | 7/25/2013 | Monica Gleberman | Untimely petition dismissed. |
| PR11075 | 7/25/2013 | 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. |
| PR11052 | 7/25/2013 | Harold Kuemmel and Creative Trucking Inc. | Petition dismissed where all notices to last known address on petition returned; appeal deemed abandoned. |
| PR11042 | 7/25/2013 | Rosario A. Cornejo (T/A Rosario Cleaning) | Wage Order affirmed where petitioner failed to meet her burden and her testimony at hearing was inconsistent. |
| PR10275 | 7/25/2013 | 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 |
| PR10150 | 7/25/2013 | 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. |
| PR10069 | 7/25/2013 | 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. |
| PR10034 | 7/25/2013 | 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. |
| PR09310 | 7/25/2013 | 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. |
| PR13021 | 6/12/2013 | Ravshan Ishnazarov (T/A Logistics & Services LLC) | Untimely petition dismissed. |
| PR13009 | 6/12/2013 | Bestway Basement, LLC | Petition granted. |
| PR12197 | 6/12/2013 | Joao Nobrega and Nobsan, LLC | Untimely petition dismissed. |
| PR10332 | 6/12/2013 | Roslyn Rogers and Gothic Plastics LLC (T/A Gothic Plastics) | Order for overtime due to undocumented worker who worked under two names was upheld. |
| PR10145 | 6/12/2013 | 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. |
| PR10102 | 6/12/2013 | 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. |
| PR12191 | 4/29/2013 | 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. |
| PR12183 | 4/29/2013 | 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. |
| PR11264 | 4/29/2013 | Ambush Alarm & Electronics, Inc. | Board reopened decision dismissing petition for failure to file an amended petition. |
| PR10345 | 4/29/2013 | 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. |
| PR10338 | 4/29/2013 | 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. |
| PR10337 | 4/29/2013 | 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. |
| PR10182 | 4/29/2013 | 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. |
| PR10112 | 4/29/2013 | 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. |
| PR09157 | 4/29/2013 | William C. Dow | Order for unpaid wages, commissions and vacation pay was affirmed based on claimant's testimony and payment history. |
| PR10348 | 3/20/2013 | Marc A. Chiffert and AEC Engineering Design & Construction Services PLLC | Wages and travel expenses due employee were reduced after hearing. |
| PR10302 | 3/20/2013 | 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. |
| PR10153 | 3/20/2013 | 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. |
| PR10134 | 3/20/2013 | 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. |
| PR10060 | 3/20/2013 | 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. |
| PR12056 | 2/6/2013 | Edwin Ernesto Avila and Roberto Rosa and Sogna Restaurant Corp. (T/A The City Tavern) | Motion to dismiss late petition was granted. |
| PR11337 | 2/6/2013 | 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. |
| PR10076 | 2/6/2013 | 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. |
| PR09258 | 2/6/2013 | William A. Etter | Petitioner who was discharged in Bankruptcy no longer owed the wages but penalty debt remained. |
| PR09227 | 2/6/2013 | 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. |
| PR09084 | 2/6/2013 | Communication Empire Corp. (T/A Blue Wireless) | Petition dismissed where petitioner address and phone number were no longer valid; appeal deemed abandoned. |
| PR12143 | 12/14/2012 | Ram R. Kissoon (T/A Rudy Trucking) | Motion to dismiss untimely petition granted. |
| PR12130 | 12/14/2012 | Gary Smith and Tropical Associates, Inc. | Motion to dismiss untimely petition granted. |
| PR11342 | 12/14/2012 | Qui Ying Chen | Petition granted and order modified to remove petitionerӳ name. |
| PR11331i | 12/14/2012 | David Ring | Interim Decision: motion to dismiss petition as untimely denied. |
| PR11328 | 12/14/2012 | David D. D'Amato and Buffalo Security and Investigation, LLC | Motion to dismiss untimely petition was granted. |
| PR11321i | 12/14/2012 | Joseph Ennis | Interim Decision: motion to dismiss petition as untimely denied. |
| PR11264 | 12/14/2012 | Ambush Alarm & Electronics, Inc. | Reconsideration of decision denied where petitioner failed to apply in a timely manner. |
| 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. |
| PR10373i | 12/14/2012 | Richard Geist and Armynavydeals.com Corp. | Interim Decision: Board grants DOL permission to amend orders to include two additional parties. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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]. |
| PR12031 | 9/10/2012 | 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. |
| PR11388 | 9/10/2012 | Paul Gambino and P.C. Consulting Management Corp. | Motion to dismiss untimely petition granted. |
| PR11380 | 9/10/2012 | Suzuki 112 USA LLC (T/A 112 Mitsubishi) | Motion to dismiss untimely petition granted. |
| PR11320 | 9/10/2012 | William Thygesen (T/A Buffalo CDL Training Institute) | Motion to dismiss untimely petition granted. |
| PR10374 | 9/10/2012 | 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. |
| PR10132 | 9/10/2012 | Daniel Delisa and Champion Maintenance Contractors Inc. | Order modified but upheld where individual fit the definition of employer of all three claimants. |
| PR10109 | 9/10/2012 | Paul J. Montalto | Order revoked as to individual employer where he did not hire, fire, supervise or control payroll. |
| PR10075 | 9/10/2012 | 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. |
| PR10012 | 9/10/2012 | 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. |
| PR05067 | 9/10/2012 | 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) |
| PR11399 | 7/16/2012 | 137 7th Avenue Corporation | Interim Decision: Motion to withdraw and amend order to add new party was granted. |
| PR11387 | 7/16/2012 | Donald V. Pearce (T/A Affordable Home Improvement) | Motion to dismiss untimely petition granted. |
| PR11170 | 7/16/2012 | Michael Bergold (T/A Harbors Asset Construction) | Motion to dismiss untimely petition granted. |
| PR09117 | 7/16/2012 | 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. |
| PR09050 | 7/16/2012 | 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. |
| PR11339 | 5/30/2012 | Dustin DiMisa and Intercontinental Capital Group, Inc. | Motion to dismiss untimely petition granted. |
| PR11287 | 5/30/2012 | 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. |
| PR11271 | 5/30/2012 | Isaac Stein and Monroe Orthotics and Prosthetics Inc. | Motion to dismiss untimely petition granted. |
| PR11268 | 5/30/2012 | Perry Davis (dba Buckeyes Chicken) | Interim Decision: Commissionerӳ application to withdraw orders and issue amended orders to add corporation as a party. |
| PR11256 | 5/30/2012 | William Robbins and Rubberform Recycled Products, LLC | Application for Reconsideration granted and decision of December 14, 2011 is revoked. |
| PR11124 | 5/30/2012 | 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]. |
| PR10300 | 5/30/2012 | 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. |
| PR10262 | 5/30/2012 | Jose Castellanos | Interim Decision: Commissionerӳ application to withdraw order and issue new orders to correct error and name new party was granted. |
| PR10232 | 5/30/2012 | 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. |
| PR10064 | 5/30/2012 | 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. |
| PR10021 | 5/30/2012 | 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]. |
| PR09390 | 5/30/2012 | 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. |
| PR09270 | 5/30/2012 | 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. |
| PR09254 | 5/30/2012 | 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]. |
| PR09218 | 5/30/2012 | 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. |
| PR09202 | 5/30/2012 | 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. |
| PR11284 | 3/29/2012 | Rejik Majtara and Universal Construction & Painting Corp. | Motion to dismiss untimely petition granted. |
| PR11282 | 3/29/2012 | 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. |
| PR11246 | 3/29/2012 | Cheryl Joyles (T/A Madison Day Care) | Motion to dismiss untimely petition granted. |
| PR11082 | 3/29/2012 | GMA Mechanical Corp., and Gina Yanucci | Application for reconsideration was granted and Decision dated September 9, 2011 was revoked. |
| PR11070 | 3/29/2012 | 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. |
| PR10394 | 3/29/2012 | Yakov Basmanov | Petition dismissed where petitioner failed to amend orders to state the reasons they were invalid or unreasonable. |
| PR09249 | 3/29/2012 | 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. |
| PR09197 | 3/29/2012 | 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. |
| PR09187 | 3/29/2012 | 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. |
| PR09034 | 3/29/2012 | 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. |
| PR090170 | 3/29/2012 | 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. |
| PR08084 | 3/29/2012 | 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. |
| PR08035 | 3/29/2012 | 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. |
| PR11245 | 1/30/2012 | 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. |
| PR11043 | 1/30/2012 | 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. |
| PR10408 | 1/30/2012 | Raymond Srour | Withdrawal of order approved by Board. |
| PR10402 | 1/30/2012 | John Donovan and Lilia Shevchuk (T/A Greenlight) | Motion to dismiss untimely petition granted. |
| PR10383 | 1/30/2012 | Pat Ruppert | Reconsideration granted, decision dated April 27, 2011 is revoked and Petitioner is directed to file an amended petition. |
| PR10382 | 1/30/2012 | Michael DeRubertis (T/A DeRubertis Auto Services and Sales) | Petition dismissed where knee surgery did not excuse late filing. |
| PR10293R | 1/30/2012 | 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. |
| PR09339 | 1/30/2012 | Carlos Espinoza and K & P Cleaning Co. | Cleaning company was liable for unpaid wages where it failed to proved that employment had ended. |
| PR09313 | 1/30/2012 | 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. |
| PR09307 | 1/30/2012 | Laura Harbour and Kal-Harbour, Inc. (T/A Harbour Roads) | Orders modified where claimant was not an independent contractor and was due minimum wage. |
| PR09303 | 1/30/2012 | 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. |
| PR09257 | 1/30/2012 | 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. |
| PR09165 | 1/30/2012 | Anthony Bove and Above Construction Corp. | Orders affirmed where petitioner failed to prove he did not employ claimant. |
| PR09159 | 1/30/2012 | Alejandro Celso Saavedra | Application for reconsideration of dismissal of petition for failure to appear at hearing denied . |
| PR09144 | 1/30/2012 | Alan Crowley and Teknex NY, Inc. | Orders affirmed where petitioner departed hearing after settlement offer was not accepted. |
| PR11195 | 12/14/2011 | Leonard Lattanzio and A & L Services LLC | Motion to dismiss untimely petition granted. |
| 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. |
| PR10214 | 12/14/2011 | Autoprevoz Trucking Corp. | July decision dismissing petition is revoked and case is reopened. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| PR 11-264 | 12/11/2011 | Ambush Alarm & Electronics, Inc. | Petition dismissed where petitioner failed to comply with Board Rule 65.14 and amend petition. |
| PR11162 | 10/11/2011 | Jason S. Gross and Corporate Security Installations, Inc. | Motion to dismiss untimely petition granted. |
| PR11076 | 10/11/2011 | Victor Qubrusi | Motion to dismiss untimely petition granted. |
| PR11069 | 10/11/2011 | Ramdat K. Harihar and R & C Apparel Corp. | 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. |
| PR11033 | 10/11/2011 | Bickram Singh | 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. |
| PR10371 | 10/11/2011 | David Ishay | Motion to dismiss untimely petition granted. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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) |
| 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. |
| PR11013 | 9/9/2011 | Shabbat LLC | Motion to dismiss untimely petition granted. |
| PR10290 | 9/9/2011 | Healthcare Services Group, Inc. | Motion to dismiss untimely petition granted. |
| PR10246 | 9/9/2011 | James Jae Kwon and Ace Wine < Liquor of Shirley, Inc. | Motion to dismiss untimely petition granted. |
| PR09298r | 9/9/2011 | Heenam Bae and Daekyung Bae and Fancy Lexington Ave. Cleaners, Inc. (T/A MME Lucille Cleaners) | July 26, 2011 decision corrected and reissued. |
| PR09200 | 9/9/2011 | 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. |
| PR09132 | 9/9/2011 | Manshui S. Ng and MLW Co., Inc. | Motion for reconsideration of dismissal of untimely petition denied. |
| PR09123 | 9/9/2011 | 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. |
| PR09101 | 9/9/2011 | 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. |
| PR08083 | 9/9/2011 | 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. |
| PR11091 | 7/26/2011 | 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. |
| PR11043 | 7/26/2011 | John M. Marra and Long Island Emergency Services | Motion to dismiss untimely Petition was granted. |
| PR11031 | 7/26/2011 | Jack Abraham and Nora Abraham | Motion to dismiss untimely Petition was granted. |
| PR10397 | 7/26/2011 | Anton Dragonides and Maine Service Corp. | Motion to dismiss untimely Petition was granted. |
| PR10214 | 7/26/2011 | Stanislav Jovanovich and Autoprevoz Trucking Corp. | Motion to dismiss untimely Petition was granted. |
| PR10194r | 7/26/2011 | 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. |
| PR09354 | 7/26/2011 | 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. |
| PR09298 | 7/26/2011 | 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. |
| PR09172r | 7/26/2011 | 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. |
| PR11024i | 6/7/2011 | Seok H. Park and Totowa Trading, Inc. (T/A Totowa Trading, Inc.) | Interim Decision: Stipulation to revise Order approved by the Board. |
| PR10356i | 6/7/2011 | 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." |
| PR10334i | 6/7/2011 | David Savatteri and NYC Photobooth, Inc. | Interim Decision: Commissioner's motion to withdraw and reissue orders was granted. |
| PR10297 | 6/7/2011 | David Savatteri and NYC Photobooth, Inc. | Motion to dismiss untimely petition granted. |
| PR09329 | 6/7/2011 | 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. |
| PR09110 | 6/7/2011 | 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). |
| PR08156 | 6/7/2011 | 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. |
| PR07086 | 6/7/2011 | 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) |
| PR11023 | 4/27/2011 | Muharrem Rraci | Petition granted striking petitioner's name from orders. |
| PR10327 | 4/27/2011 | Frank Marino | Motion to dismiss untimely Petition was granted. |
| PR10291 | 4/27/2011 | Bradley A. Radwaner and Bradley Arden Radwaner, M.D., P.C. | Motion to dismiss untimely Petition was granted. |
| PR10287 | 4/27/2011 | Michael Cipolla and Michael Lutz (D/B/A Five Star Roofing Consultants and Services) | Stipulation to withdraw orders against petitioners approved by Board. |
| PR10191 | 4/27/2011 | 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) |
| PR10177 | 4/27/2011 | Prakash M. Swamy | Motion to dismiss untimely Petition was granted. |
| PR10175 | 4/27/2011 | Randall J. Friedman | Motion to dismiss untimely Petition was granted. |
| PR10006 | 4/27/2011 | 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) |
| PR09289 | 4/27/2011 | 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. |
| PR09207 | 4/27/2011 | 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. |
| PR09194 | 4/27/2011 | David Serafin | Stipulation removing petitioner's name from order and withdrawing petition was approved by the Board. |
| PR09154 | 4/27/2011 | 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. |
| PR09126 | 4/27/2011 | Karma Group LLC (T/A Quiznos Sub) | Child Labor citations upheld as well as penalty for withholding tips from employees. |
| PR09109 | 4/27/2011 | 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. |
| PR09107 | 4/27/2011 | 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. |
| PR09072 | 4/27/2011 | Vasos Antoniou | Day laborers were employees of construction contractor where he hired, supervised and controlled their work. |
| PR09052 | 4/27/2011 | 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. |
| PR10213 | 2/7/2011 | Pritpal S. Kochhar | Motion to dismiss untimely petition granted. |
| PR10148 | 2/7/2011 | Doug Quesenberry and Rod Saclolo (T/A Saclolo Wellness) | Motion to dismiss untimely petition granted. |
| PR10116 | 2/7/2011 | Katherine O'Brien, Chris Hack and The Spinning Room Bar & Lounge, LLC | Motion to dismiss untimely petition granted. |
| PR10059 | 2/7/2011 | Diana Allaham | Wage order demanding payment of wages to housekeeper was upheld. |
| PR09353 | 2/7/2011 | 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. |
| PR09061 | 2/7/2011 | 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. |
| PR09058 | 2/7/2011 | 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) |
| PR08157 | 2/7/2011 | 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. |
| 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). |
| 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. |
| 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). |
| 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). |
| 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). |
| 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. |
| 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). |
| 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. |
| 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. |
| PR10110 | 11/18/2010 | Mark Finell, Mark Lamarati, and Craft Marketing, LLC | Motion to dismiss untimely Petition was granted. |
| PR10093 | 11/18/2010 | James A. Glennon, Jr. DDS | Motion to dismiss untimely Petition was granted. |
| PR09132 | 11/18/2010 | Manshui S. Ng and MWL Co., Inc. | 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. |
| PR09382 | 10/20/2010 | Buenaventura Salazar (T/A Painting and Decorations) | 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. |
| PR09334 | 10/20/2010 | Howard M. Falkow and PMR Enterprises LLC | Motion to dismiss untimely Petition was granted. |
| PR09242 | 10/20/2010 | Antonio J. DeFranco | 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. |
| PR09122 | 10/20/2010 | Michael Montalvo and Montalvo Construction | Motion to dismiss untimely Petition was granted. |
| 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. |
| PR10159 | 9/22/2010 | David Allen D/B/A Progressive Technology Systems, Inc. | Motion to dismiss untimely Petition was granted. |
| PR10089 | 9/22/2010 | Lorraine Yarde | Motion for reconsideration of decision dismissing petition for failure to amend, granted. |
| PR10033 | 9/22/2010 | Master Call Communications, Inc. | Motion for reconsideration of decision dismissing petition for failure to amend, denied. |
| PR09105 | 9/22/2010 | 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. |
| PR08141 | 9/22/2010 | 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. |
| PR10051 | 7/28/2010 | J. Christopher Daly and Sheldrake Organizations, Inc. | Motion to dismiss untimely Petition was granted. |
| PR09034 | 7/28/2010 | 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. |
| PR08162 | 7/28/2010 | 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%. |
| PR08117 | 7/28/2010 | 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). |
| PR08113 | 7/28/2010 | 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. |
| PR08072 | 7/28/2010 | 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. |
| PR10039 | 6/23/2010 | 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. |
| PR09332 | 6/23/2010 | Magalie Septimus and Saintilus Day Care Inc. | Motion to dismiss untimely petition granted. |
| PR09256 | 6/23/2010 | Patrik Hamancin (T/A Patrik Hamancin Construction) | Motion to dismiss untimely petition granted. |
| PR09198 | 6/23/2010 | Anthony Villani and Villani's Lawn & Landscape LLC | Motion to dismiss untimely petition granted. |
| PR09056 | 6/23/2010 | 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. |
| PR08077 | 6/23/2010 | 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. |
| PR08076 | 6/23/2010 | 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. |
| PR09388 | 5/26/2010 | Leo O'Brien and Leo O'Brien Racing Stable, Ltd.. | Motion to dismiss untimely Petition was granted. |
| PR09331 | 5/26/2010 | Rolando Lantigua and El Generalisimo Restaurant, Inc. (T/A Hispaniola Restaurant) | Motion to dismiss untimely Petition was granted. |
| PR09316i | 5/26/2010 | 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. |
| PR09190 | 5/26/2010 | Steven R. Katz | Motion to dismiss untimely Petition was granted. |
| PR09168 | 5/26/2010 | Awilda Cordero A/K/A Awilda Abreu | Motion to dismiss untimely petition granted. |
| PR09164 | 5/26/2010 | Jason Steven Widmer and ITW Industries, Inc. (T/A Getty of Ridge) | Motion to dismiss untimely petition granted. |
| PR09136 | 5/26/2010 | Heng Zhen Wu and Zhou Fan Liu and 868 Restaurant Corp. | Motion to dismiss untimely petition granted. |
| PR09009 | 5/26/2010 | 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. |
| PR09361 PR10013 | 4/21/2010 | Thomas J. Burns D/B/A T.J. Ferro Trucking | Motion to dismiss untimely Petition was granted |
| PR09311 | 4/21/2010 | Jean Suwal and Marrs Electric Sales Co., Inc. | Motion to dismiss untimely Petition was granted. |
| PR09283 | 4/21/2010 | Marcia Campbell and Whitewing Real Estate, Inc. | Motion to dismiss untimely Petition was granted. |
| PR09267 | 4/21/2010 | Ralph D'Alessandro (T/A Ralph D'Alessandro Racing Stable) (Work Location Belmont Racetrack) | Motion to dismiss untimely Petition was granted |
| PR09263 | 4/21/2010 | Patrick L. Reynolds and Patrick L. Reynolds Stable, Inc. (Work Location Belmont Racetrack) | Motion to dismiss untimely Petition was granted. |
| PR09169 | 4/21/2010 | Nabil Cheikhali and NM Transportation, Inc. (T/A NM Transportation) | Motion to dismiss untimely Petition was granted. |
| PR09036 | 4/21/2010 | Mi Jong Li and Emmelle Design Inc. | Proceedings discontinued where Petitioner paid penalties. |
| PR09002 | 4/21/2010 | 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) |
| PR08064 | 4/21/2010 | Mega Sound and Light LLC. | Order for unpaid commissions affirmed. |
| PR08045 | 4/21/2010 | 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. |
| PR06069 | 4/21/2010 | Humberto Merchan (D/B/A HA Cutting) | Civil Penalty for failure to register as a garment manufacturer was reduced. |
| PR09189 | 3/24/2010 | Zych Enterprises, Inc. | Motion for Reconsideration of October 2009 Board decision dismissing petition granted and case reinstated. |
| PR09014 | 3/24/2010 | Helen Sieger and Kingsbridge Heights Care Center, Inc. (T/A Kingsbridge Heights Rehabilitation and Care Center) | Petition withdrawn where Order paid in full. |
| PR09001r | 3/24/2010 | 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. |
| PR08172 | 3/24/2010 | 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. |
| PR08079 | 3/24/2010 | 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. |
| PR08059 | 3/24/2010 | 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. |
| PR08056 | 3/24/2010 | 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. |
| PR07085 | 3/24/2010 | Shoji Kimura and Asian Products, Inc. and API Technology, Inc. | Civil Penalty of 25% of Wages Due was affirmed. |
| PR09236 | 1/27/2010 | Jamie Desormeaux | Petition dismissed as untimely |
| PR09223 | 1/27/2010 | Phyllis Toohey | Board lacks jurisdiction over petition filed by wage claimant to challenge Commissioner's withdrawal of an Order. |
| PR09124 | 1/27/2010 | Sterling Rex Peters (T/A Rex Peters Roofing) | Petition dismissed as untimely. |
| PR09092 | 1/27/2010 | Valentin Voynoroskii and Rostov Auto Express, Inc. and Bukovina Express, Inc. | Petition dismissed as untimely. |
| PR09024 | 1/27/2010 | Nathan Godfrey (T/A A.S.U.) | Order for vacation pay affirmed. Ref. Labor Law 198-c. |
| PR09001 | 1/27/2010 | 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 |
| PR08158 | 1/27/2010 | 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) |
| PR09094 | 12/14/2009 | Gregory Lorenzo and Lorenzo Holding Corp. (T/A Rocket Express Delivery) | Motion to dismiss untimely Petition granted. |
| PR09076 | 12/14/2009 | Jay Nordin and Xtreme Home Design Inc. | Motion to dismiss untimely Petition granted. |
| 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] |
| 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. |
| PR09145 | 11/17/2009 | Joseph Miele and Miele Sanitation Co. NY, Inc. | Motion to dismiss untimely Petition granted. |
| PR09019 | 11/17/2009 | The Abate, Inc. (T/A Elda's on Lark) | Motion to dismiss untimely Petition granted. Ref.: Labor Law 101 |
| 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. |
| 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. |
| 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. |
| 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). |
| PR09179 | 10/21/2009 | Joseph Williams | Petition granted and Petitioner's name removed from Order. |
| 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. |
| PR09125 | 10/21/2009 | Steven Sisskind, Abraham Wiesel and The Morgan Mint, Inc. (T/A Volpone Stamp Co., Inc.) | Petition dismissed as untimely. |
| 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). |
| 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) |
| 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). |
| 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. |
| 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) |
| PR09141 | 8/27/2009 | Penny Roberts and Edwin Rosario and Regina Check Cashing Corp. (T/A Regina Check Cashing and Financial Services) | Petition dismissed as untimely. |
| PR09058i SA09001 | 8/27/2009 | 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. |
| PR09025i | 8/27/2009 | 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. |
| PR07062 | 8/27/2009 | 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. |
| PR06081 | 8/27/2009 | 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). |
| PR09063 | 7/22/2009 | Donny Graber and Internet Telephone Provider, Inc. (T/A ITP, Inc.) | Petition dismissed as untimely. |
| PR08176 | 7/22/2009 | 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). |
| PR08148 | 7/22/2009 | Philip Berwald and the Mortgage Bankers Corp. (T/A Mortgage Bankers) | Petitioner dismissed where parties notified the Board that the case had settled. |
| PR08090 | 7/22/2009 | 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]. |
| PR09059 | 6/18/2009 | Jason Witover and 5 Star Home Improvement Inc. (T/A Green Machine Lawn Maintenance Inc. | Petition dismissed as untimely. |
| PR09027 | 6/18/2009 | Helen Edgington and The Spencer Hotel, Inc. | Petition dismissed as untimely. |
| PR09003i | 6/18/2009 | 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. |
| PR08093 | 6/18/2009 | 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. |
| PR08067 | 6/18/2009 | 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) |
| PR08043 | 6/18/2009 | 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. |
| PR07104 | 6/18/2009 | 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. |
| PR08167 | 5/20/2009 | Louis Cacace and SV Video Service, Inc. | Petition dismissed as untimely. |
| PR08094 | 5/20/2009 | 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). |
| PR07093 | 5/20/2009 | 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). |
| PR06092 | 5/20/2009 | 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. |
| PR08014i | 4/22/2009 | 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. |
| PR08154 | 3/25/2009 | Dennis Dumbleton and Dumbleton Used Auto Parts, Inc. (T/A Dumbleton Used Auto Parts) | Petition dismissed as untimely. |
| PR08134 | 3/25/2009 | Laszlo Keszthelyi and Igor Construction Corp. | Petition dismissed as untimely. |
| PR08132 | 3/25/2009 | Susan Walsh (T/A Hart Salon and T/A Hart and Company Salon and Day Spa) | Petition dismissed as untimely. |
| PR08086i | 3/25/2009 | 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. |
| PR08085 | 3/25/2009 | Kimberly Knits | Petition dismissed as untimely. |
| PR08072i | 3/25/2009 | 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. |
| PR08055 | 3/25/2009 | 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. |
| PR08021 | 3/25/2009 | 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. |
| PR06067 | 3/25/2009 | La Simpatia Supermarket Corp. | Order to pay wages affirmed where Petitioner presented no evidence at hearing other than verified petition. |
| PR08173 | 1/28/2009 | Ramjit Hermraj and Elite Accounting Services, Inc. | Petition dismissed as untimely. |
| PR08161 | 1/28/2009 | Hye Ran Park and Chan Hyuk Park and Tae-Ok Park and Shin Po USA Corp. | Petition dismissed as untimely. |
| PR08135 | 1/28/2009 | Joseph P. Doyen and Darsi L. Doyen dba Darsi's (T/A Darsi's Grape Country Kitchen) | Petition dismissed as untimely. |
| PR08009 | 1/28/2009 | 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). |
| PR07084 | 1/28/2009 | Crystal DeLorenzo dba Wade Travel Agency | Order modified to change name of employer; order to pay commissions affirmed but civil penalty reduced. |