Decisions
| Docket Number | Date Issued | Case Name | Decision Summary |
|---|---|---|---|
| PR 20-076, PR 20-079 | 1/17/2024 | Magnus T. Francis and Derwin Francis | Motion to dismiss petitions granted. Neither petitioner, each appearing through counsel, presented evidence in support of allegations in petitions. Petitioner Magnus T. Francis’s motion to reopen hearing denied for lack of valid reason for failure to attend and/or present evidence at hearing. |
| PR 20-083r | 1/17/2024 | Jermaine Burrowes, Paul Burrowes, Mango Seed Restaurant, Inc. and Zurilee Restaurant, Inc. | Application for reconsideration denied. Petitioner failed to provide justification for reconsideration or reopening pursuant to Board Rules §§ 65.51 and 65.60 as petitioners properly notified of second day of hearing through their designated representative and the application contests issues already determined on merits. |
| PR 21-009 | 1/17/2024 | Steven J. Andzel Jr. and Alice Andzel T/A New Creation Fellowship of Buffalo | Petition granted in part and denied in part. Petitioners provided due process through hearing. Petitioners met burden to prove that one individual petitioner was not liable as an employer and respondent did not refute that evidence. Petitioners failed to prove claimant was a volunteer and not an employee for the duration of the claim period. Petitioners did not meet burden of proof that wages included in order were invalid or unreasonable because they failed to produce legally sufficient or reliable payroll records or provide sufficiently detailed and consistent testimony regarded hours worked and wages paid. Respondent properly calculated hours worked using information given by claimant. No evidence presented to challenge interest other than as function of wages owed. Petitioners failed to demonstrate good faith basis of compliance necessary to avoid imposition of liquidated damages, which are affirmed. Civil penalties affirmed because petitioners did not meet burden to prove that respondent’s consideration of statutory factors regarding civil penalties was invalid or unreasonable. Penalty order affirmed because petitioners’ own records did not show claimant was paid bi-weekly, and petitioners did not otherwise have required records to prove that it was invalid or unreasonable for respondent to issue the penalties. |
| PR 21-094 | 1/17/2024 | O’Neil G. Henry and Imperial Asphalt and Imperial Asphalt and Aggregate Distributor Incorporated T/A Imperial Asphalt | Petition granted in part and denied in part. Petitioners failed to prove claimant was engaged in an unpaid internship or that they otherwise did not employ claimant. Petitioners failed to produce legally sufficient or reliable payroll records and respondent properly calculated hours worked using information given by claimant. Testimony regarding claimant’s hours worked, days worked and wage rate was conclusory and did not meet burden of proof. No evidence presented to challenge interest other than as function of wages owed. Petitioners failed to demonstrate good faith basis of compliance necessary to avoid imposition of liquidated damages. Civil penalty revoked based on lack of consideration of all statutory factors. Penalty order affirmed because petitioners did not have required payroll records. |
| PR 21-155 | 1/17/2024 | Rohoman Bacchus | Petition denied. Petitioner failed to prove lack of direction and control over employment and respondent reasonably determined that petitioner was claimant’s employer. Petitioners failed to challenge wages, interest, liquidated damages, civil penalty and penalty order, all of which are affirmed. |
| PR 22-041 | 1/17/2024 | Brenda Guzman and Lizz Nails Inc. | Petition granted in part and denied in part. Petitioners provided due process through hearing. Corporate petitioner did not exist during claim period and respondent incorrectly or unreasonably determined that the corporate petitioner was an employer of claimant. Individual petitioner failed to prove lack of direction and control over claimant and respondent reasonably determined that petitioner was the employer during claim period. Petitioners failed to produce payroll records and respondent properly calculated hours worked based on claimant’s statements and minimum wage rates. Interest, civil penalty, liquidated damages and penalty order all affirmed. |
| PR 22-067 | 1/17/2024 | Christopher J. Powis T/A Metro Air | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 22-124 | 1/17/2024 | Leslie Woodward and Edenesque, LLC | Petition dismissed for petitioners’ failure to appear at hearing. Respondent’s request to amend order denied because petition was dismissed. |
| PR 23-028 | 1/17/2024 | Dudley Anthony Rowe | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 23-115 | 1/17/2024 | Syed A. Ali and Azad Na Inc. T/A Azad Mart | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 23-123 | 1/17/2024 | Daniel Andress | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 23-126 | 1/17/2024 | Nathan J. Jackson and Long Island Youth Club, Inc. | Petition dismissed for failure to comply with Board Rules to amend petition to include a complete copy of the order to comply. |
| PR 23-128 | 1/17/2024 | Philip Ye and US Eastern System Inc. | Petition dismissed for failure to comply with Board Rules to amend petition to include a complete copy of the order to comply, state in what respects the contested order to comply was invalid or unreasonable, and state the relief sought. |
| PR 23-140 | 1/17/2024 | Daniel Soto III and 3D Renovating, LLC | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 20-033 | 11/15/2023 | Cezary Sikora and Williamsburg Auto Center, Inc. T/A Williamsburg Hand Wash and Detail Center | Petition granted in part and denied in part. Petitioners failed to produce legally sufficient or reliable payroll records and respondent properly calculated hours worked using information from claimant. Wages modified to conform to testimony and documentary evidence regarding periods not worked. Petitioners failed to challenge interest, civil penalty and liquidated damages on a basis other than function of wages owed, which are affirmed as modified. Penalty order affirmed. |
| PR 21-017 | 11/15/2023 | Zafar Abdullaev and Great Tim Construction, Inc. | Petition denied. Petitioners failed to provide credible documentary or testimonial proof that claimants were not their employees. Employer failed to keep payroll records, and wages owed properly calculated using information provided by claimants. Petitioners failed to challenge interest, liquidated damages and civil penalty, all of which are affirmed. Penalty order affirmed. |
| PR 21-028 | 11/15/2023 | Sean O’Keefe and Homewood Mart, LLC T/A Homewood Mart | Petition granted in part and denied in part. Respondent did not have rational basis to include two claimants on the contested order. Petitioners failed to prove remaining claimant was not an employee, but an owner, as that claimant had no real ownership interest. Petitioners failed to produce legally sufficient or reliable payroll records and respondent properly calculated hours worked using information given by claimant. Wage amount modified to remove two claimants. Interest, civil penalty, liquidated damages and penalty order all affirmed, as modified based on recalculated wages. |
| PR 21-032 | 11/15/2023 | Llaulin Cruz, Isidro Cruz and Llaulin Grocery Corp. | Petition granted in part and denied in part. Testimonial evidence, including claimant, sufficient to prove that one individual was not liable as an employer. Petitioners failed to produce legally sufficient or reliable payroll records and respondent properly calculated hours worked using information given by claimant. Petitioners’ testimony regarding claimant’s hours worked and days not worked was vague, imprecise, and inconsistent with records, and did not meet burden of proof. Petitioners failed to challenge interest and liquidated damages, which are affirmed. Civil penalty revoked based on lack of consideration of statutory factors. Penalty order affirmed. |
| PR 21-057 | 11/15/2023 | Mamunur R. Khan, Sr. A/K/A Mamunur Rahman Khan | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 22-125 | 11/15/2023 | Jose Vallejo, Jose Vallejo Enterprises and Jose Vallego Construction | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 23-032 | 11/15/2023 | Mohammad Aslam Dhillon and A1 Paris Construction Corp. T/A Partis Construction | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 23-052 | 11/15/2023 | Hamdi Erturun | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 23-065 | 11/15/2023 | Trevor Wilson and Prestige Management Inc. | Petition dismissed. Motion to dismiss for failure to state a cause of action granted. |
| PR 23-081 | 11/15/2023 | Amsterdam Nursing Home Corp. | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 23-093 | 11/15/2023 | American Legion | Petition dismissed for failure to comply with Board Rules to amend petition to include a complete copy of the order to comply, state in what respects the contested order to comply was invalid or unreasonable, and state the relief sought. |
| PR 23-100 | 11/15/2023 | Ikgoon Jo and JL Sysco Inc. | Petition dismissed for failure to comply with Board Rules to amend petition to include a complete copy of the order to comply. |
| PR 23-101 | 11/15/2023 | Ismail Ahmed | Petition dismissed. Motion to dismiss petition for lack of standing granted. |
| PR 23-119 | 11/15/2023 | Jesse Weinlein | Petition dismissed for failure to comply with Board Rules to amend petition to include a complete copy of the order to comply. |
| PR 19-074, PR 19-089, PR 19-093, PR 19-094, PR 19-110, PR 19-131, PR 20-023, PR 20-050 | 9/20/2023 | Farrah Rubani AKA Farrah Mir AKA Naheed Rubani, Yitzchok J. Davidowitz AKA Yitzi Davidowitz, and David Neuberg | Petitions granted as to petitioners Davidowitz and Neuberg. Petitions granted in part and denied in part as to petitioner Rubani. Insufficient evidence in case record that Davidowitz and Neuberg exercised sufficient direction and control over claimants’ work to be held individually liable as employers during the claim periods. Sufficient evidence existed regarding Rubani’s exercise of direction and control over the claimants’ work to be held personally liable, but only for the period of time Rubani was present at the business. Wages, interest, liquidated damages, civil penalties and records penalties affirmed only as to Rubani for period Rubani was at the business. |
| PR 20-077 | 9/20/2023 | Tho Gai and Himalaya Restaurant, LLC | Petition denied. Claimant was an employee of the restaurant, not a “trainee.” Employer failed to keep payroll records, and wages owed properly calculated using information provided by claimant. Petitioners failed to challenge interest, liquidated damages and civil penalty, all of which are affirmed. Penalty order affirmed. |
| PR 21-004 | 9/20/2023 | Lucila Saavedra | Petition granted. Order to comply is revoked. Petitioner met burden to prove claimant did not work for the business during claim periods through significant and detailed testimony from interested and uninterested witnesses explaining both business operations and claimant’s presence at the business. Claimant’s testimony not credible and respondent did not otherwise refute petitioner’s evidence. |
| PR 21-041 | 9/20/2023 | Rafi S. Maman and Blue Chelsea, Inc. T/A Vibe212 | Petition granted in part and denied in part. Motion to dismiss granted regarding unlawful deduction as no legal basis provided by petitioners. Both claimants were employees and not independent contractors as employer controlled the economic reality of the employment. Petitioners failed to produce records and underpayment properly calculated based on information from claimants. Petitioners failed to challenge interest and liquidated damages, which are affirmed. Civil penalty revoked based on lack of consideration of statutory factors. Penalty order affirmed. |
| PR 21-085 | 9/20/2023 | Regina Falco T/A I & A Industries LLC | Petition granted in part and denied in part. Petitioners failed to produce sufficient records to correlate payments to wages earned. Respondent properly calculated hours worked using information from claimant. Hourly rate modified to conform to information provided by petitioners. Respondent not permitted to re-modify wage amount upward after concession, and after petitioner had put on their case. Petitioners failed to challenge interest and liquidated damages, which are affirmed as modified. Civil penalty revoked based on lack of consideration of statutory factors. Penalty order affirmed. |
| PR 21-092 | 9/20/2023 | Padam B. Gurung | Petition granted in part and denied in part. Petitioner was claimant’s employer during the claim period based on supervision of his work. Wages paid in full prior to issuance of order to comply. Wages, interest, civil penalty and liquidated damages revoked. Employer failed to keep payroll records and penalty order affirmed. |
| PR 21-104r | 9/20/2023 | Starr A. Cooper A/K/A Starr Ango D/B/A Walk-In Weaves Buffalo | Application for reconsideration and reinstatement denied. Petitioner failed to provide justification for reconsideration pursuant to Board Rule § 65.60 as no reasonable excuse provided for late filing of petition and for 10-month delay in requesting reconsideration. |
| PR 22-022r | 9/20/2023 | Raphael Toledano | Application for reconsideration and reinstatement denied. Petitioner failed to provide justification for reconsideration pursuant to Board Rule § 65.60. Petitioner provided the contact information used by Board for service of notice and did not provide a reasonable excuse for failing to update the Board with any new contact information. |
| PR 22-033 | 9/20/2023 | Al Braide and BLS Sunpower Supplies Corp. T/A BLS Sunpower Inc. also T/A BLS Sunpower Electrical Supplies | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 22-056 | 9/20/2023 | James M. Jurek | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 22-098 | 9/20/2023 | Abner David Guevara Sorto T/A Blanca’s Bakery | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 23-073 | 9/20/2023 | Mountain Point Medical Center | Petition dismissed for failure to comply with Board Rules to amend petition to include a complete copy of the order to comply, state in what respects the contested order to comply was invalid or unreasonable, state the relief sought, and to provide complete contact information for each petitioner. |
| PR 23-074 | 9/20/2023 | Doreen Johnson and Gentle Hands Home Care | Petition dismissed for failure to comply with Board Rules to amend petition to state in what respects the contested order to comply was invalid or unreasonable, state the relief sought, and to provide complete contact information for each petitioner. |
| PR 23-077 | 9/20/2023 | Pinnacle Security Patrol Inc. | Petition dismissed for failure to comply with Board Rules to amend petition to include a complete copy of the order to comply, state the relief sought, and to provide complete contact information for each petitioner. |
| PR 23-091 | 9/20/2023 | Olivia He, Lash Princess 57 Inc and Qinyu Liu | Petition dismissed for failure to comply with Board Rules to amend petition to include a complete copy of the order to comply. |
| PR 20-070 | 8/9/2033 | Mojave & Family Inc. T/A Big 99 Cents & Up and Mohammad “Mujebur” Raman | Petition denied in part and granted in part. Operation of business by corporate petitioner began after claim period and respondent failed to prove successor liability. Order revoked as to corporate petitioner. Individual petitioner failed to meet burden of proof that individual was not the employer based on the direction and control of the work performed. Employer failed to keep payroll records and wages owed properly calculated using information provided by claimant, wages affirmed as to individual petitioner. Petitioner failed to challenge interest, liquidated damages and civil penalty, all of which are affirmed as to individual petitioner. Records penalties affirmed as to individual petitioner. |
| PR 20-083 | 8/9/2023 | Jermaine Burrowes, Paul Burrowes, Mango Seed Restaurant, Inc., and Zurilee Restaurant, Inc. | Petition denied in part and granted in part. Petitioners failed to prove claimant was paid all wages owed as records provided were not legally sufficient nor reliable as they contained differing information for the same weeks of work. Petitioners’ proffered explanation did not account for the differences. Underpayment reduced to reflect accurate transcription of information on claim form. Unlawful deductions affirmed as impermissible. Civil penalty revoked as respondent failed to explain basis for civil penalties with statutory factors. Liquidated damages and interest affirmed as modified based on recalculated wages. Records penalty affirmed. |
| PR 21-076 | 8/9/2023 | Jin Xia and Slim Herbal Beauty Corp. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-083 | 8/9/2023 | Jacqueline Rogers T/A Jackie Rogers International | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 21-109 | 8/9/2023 | Philip L. Silveira | Motion to amend order to comply to remove petitioner is granted. Petition granted. |
| PR 21-135r | 8/9/2023 | Ralph Principe Jr. and Stanco Electrical Contractors Inc. | Application for reinstatement denied as petitioners failed to file a timely request and did not provide extraordinary circumstances which delayed filing. |
| PR 21-137r | 8/9/2023 | James Smith | Application for reconsideration and reinstatement denied as petitioner failed to file a timely request. Petitioner failed to provide justification for reconsideration pursuant to Board Rules as petitioner did not timely update the contact information he provided to the Board. |
| PR 22-036 | 8/9/2023 | Abner Rios and The Patio Restaurant | Petition denied in part and granted in part. Employer failed to keep payroll records, provide 30-minute meal breaks and pay an hourly rate. Minimum wages owed properly calculated using information provided by claimant and are affirmed. No rational basis found for unpaid wages included in order, which are revoked. Petitioner failed to challenge interest, liquidated damages and civil penalty, all of which are affirmed. Records penalties affirmed. |
| PR 22-077 | 8/9/2023 | Yeheda Neiman | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 23-007 | 8/9/2023 | Yiran Li | Motion to withdraw order to comply is granted. Petition granted. |
| PR 23-025 | 8/9/2023 | Hugo Rubi T/A Rubi Paint Service | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 23-040 | 8/9/2023 | Paul Du Plessis | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 23-041 | 8/9/2023 | Jennifer Ficuciello, Errico Ficuciello, Frank Confalone, and A.M.F. Enterprises Inc. T/A F.M.C. Market Inc. | Motion to dismiss petition for failure to state a cause of action was granted where unopposed and no order to comply had issued because matter was still under investigation. |
| PR 23-051 | 8/9/2023 | Fermin Gonzalez M.D. | Petition dismissed for failure to comply with Board Rules to amend petition to include a complete copy of the order to comply. |
| PR 19-086r | 5/17/2023 | Alexander Bedoya and Isabel Bakery & Restaurant Inc. | Application for reconsideration denied. Petition contesting order to comply modified only to comply with Board’s decision issued after hearing. Petitioners failed to provide justification for reconsideration pursuant to Board Rule § 65.60 as the new petition did not raise new challenges. |
| PR 20-009 | 5/17/2023 | Jong Yien Ho A/K/A Banson Ho and J Plus J Lucky Corp. | Petition denied. Petitioners failed to meet burden of proof that claimant was not an employee performing work in a restaurant and a parking lot. Individual petitioner failed to prove not individually liable as an employer during relevant period. Petitioners failed to keep legally sufficient or complete payroll records. Records which were kept did not include all employees including an employee witness that petitioners called to testify at hearing. Petitioners failed to explain their relationship to claimant and his employment. Wages modified to accurately reflect information on the claim form and otherwise affirmed. Petitioners failed to challenge interest, liquidated damages and civil penalty, all of which are affirmed. Records penalties affirmed. |
| PR 20-065 | 5/17/2023 | Quintero H. Adonicam and Elvira F. Scharschmidt and Q’s Tavern Inc. | Petition denied. Petitioners failed to meet burden of proof that claimant was not an employee of the business. Petitioners failed to keep legally sufficient or complete payroll records and incorrectly classified those who worked at the bar as independent contractors. Wages affirmed based on information on claim form as petitioners denied employment and did not present contrary information upon which a reliable estimation of hours worked could be based. Petitioners failed to challenge interest, liquidated damages and civil penalty, all of which are affirmed. Records penalties affirmed. |
| PR 21-141 | 5/17/2023 | George Knarich and Knarich Family Farm LLC | Petition denied in part and granted in part. Respondent conceded the business entity petitioner was formed after the claim period and the order is revoked regarding the business entity petitioner only. Petitioner failed to meet burden of proof that individual was not the employer based on his direction and control of the work performed. Employer failed to keep payroll records and wages owed properly calculated using information provided by claimants. Petitioner failed to challenge interest, liquidated damages and civil penalty, all of which are affirmed. Records penalties affirmed. |
| PR 22-022 | 5/17/2023 | Raphael Toledano | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 22-048 | 5/17/2023 | Jean Carlos Gonzales and JC Grocery, Inc. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 22-050 | 5/17/2023 | El Despertar Marlene, Inc. and Manuel Pichardo | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 22-068 | 5/17/2023 | Samer Abdel Abdelhamid A/K/A Samer Abdelhamid | Motion to amend order to comply to remove petitioner is granted. Petition granted. |
| PR 22-100r | 5/17/2023 | Neelima Mallela and Srinidhi LLC | Application for reconsideration denied. Petition previously dismissed as untimely. Petitioners failed to provide justification for reconsideration pursuant to Board Rule § 65.60 as orders were served in minimal compliance with Labor Law § 33. |
| PR 22-114 | 5/17/2023 | Robert Khomari, Greystone 18 LLC, 2407 Beaumont LLC and Prospect Heights LLC. | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 23-009 | 5/17/2023 | Gyasi Jackson and Tightlynx LLC | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 23-013 | 5/17/2023 | Marilian Rodriguez and Mishael Grocery Corp. T/A Meshalle Deli | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 23-018r | 5/17/2023 | Catheryne Chen and Hamlet Delights Inc. | Application for reconsideration denied. Petition contesting same order to comply previously adjudicated. Petitioners failed to provide justification for reconsideration pursuant to Board Rule § 65.60 as the new petition did not raise new challenges. |
| PR 23-039 | 5/17/2023 | Joan Thompson | Petition dismissed for failure to comply with Board Rules § 65.18 and amend petition to include a complete copy of the order to comply. |
| PR 22-089 | 3/08/2023 | Marsha Grant | Petition dismissed for failure to comply with Board Rules § 65.18 and amend petition to include a complete copy of the order to comply and state in what respects the contested order to comply was invalid or unreasonable. |
| PR 22-076 | 3/08/2023 | Maria Montessori School, Inc. | Petition dismissed for failure to comply with Board Rules § 65.18 and amend petition to include a complete copy of an order to be reviewed under Labor Law § 101. |
| PR 21-153 | 3/08/2023 | Leah Setton | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 21-148 | 3/08/23 | Shirley Chen | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 21-137 | 3/08/2023 | James Smith | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 21-130 | 3/08/2023 | Johnnie Kevin Machinski | Motion to amend order to comply to remove petitioner is granted. |
| PR 20-064 | 3/08/2023 | Old Forge Mill, Inc. and Adam Matthews | Petition denied and order affirmed as to individual petitioner. Petitioners given due process through hearing and did not prove lack of personal jurisdiction. Petitioners did not offer evidence or detailed assertions that claimant was exempt from minimum wage and overtime requirements and admittedly paid claimant an hourly and overtime rate for part of the claim period. Respondent used a reasonable wage rate in calculations, and petitioners failed to produce legally sufficient payroll records. Wage amount was reasonable given lack of records or specific testimony. Interest, liquidated damages, and civil penalties challenged only as a function of wages owed and otherwise affirmed. Retaliation finding affirmed as petitioners failed to prove it was unreasonable or invalid for respondent to determine asserted reasons for termination were pretext for discrimination based on the protected activity of indicating intention to contact Department of Labor regarding wage dispute. Corporation named on contested order to comply was the former corporate owner and had no control over business or claimant’s work during claim period and order is affirmed only as to the individual petitioner. |
| PR 20-041 | 3/08/2023 | Faisel Abuu Haruna A/K/A Faisel Haruna and Cameron Transport Corp. | Petition denied and motion to dismiss granted. Testimony of petitioners’ only witness too general and vague to satisfy burden of proof. Petitioners failed to prove claimants were independent contractors. Petitioners were claimant’s employer based on control held by employers and the economic reality of the employment relationship. Claimant drivers did not set or negotiate for rates of pay or have their own independent businesses, work performed did not require special skill or independent initiative, and driving work was an integral part of petitioners’ transportation business. Petitioners failed prove they kept legally sufficient payroll records, failed to produce sufficient evidence to contest wages and deductions owed, civil penalties, interest, and liquidated damages, all of which are affirmed. |
| PR 19-067 | 3/08/2023 | Mugisha F. Sahini and Riverside Line, Inc. | Petition denied. Petitioners failed to meet burden of proof for assertions in petition as no evidence was submitted regarding most assertions other than assertion regarding classification of claimants, which was not supported by the evidence. Petitioners failed to prove claimants were independent contractors. Petitioners were claimants’ employers based on control held by employers and the economic reality of the employment relationship. Claimant drivers did not set or negotiate for rates of pay or have their own independent businesses, work performed did not require special skill or independent initiative, and driving work was an integral part of petitioners’ transportation business. Petitioners failed to challenge calculations of wages, interest, liquidated damages, or civil penalties, all of which are affirmed. |
| PR 20-046 | 1/11/2023 | Eduard P. Frauneder and 506 Laguardia Place Restaurant LLC T/A Bar Freud | Petition granted in part, denied in part. Petitioners given due process through hearing. Claimant, a chef, was not an executive exempt from overtime requirements. Claimant did not receive a fixed weekly salary but rather had pay calculated on a day or shift basis. Petitioners further failed to prove claimant had a primary duty of management, directed the work of two or more employees, had the power to hire and fire, and regularly exercised discretionary powers. Civil penalty for wage violations revoked as respondent failed to explain how statutory factors were used to calculate penalty. Wages, interest, liquidated damages and non-monetary civil penalties otherwise affirmed. |
| PR 21-001 | 1/11/2023 | Matthew James Leverenz and Darlene Sue Leverenz and Tick-Tock Towing & Recovery, Inc. D/B/A Tick-Tock Towing/Recovery | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-055 | 1/11/2023 | A&A Building Renovations Inc. and Astrit Canaj | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-070 | 1/11/2023 | Cindy A. Sola A/K/A Cindy Holahan and Rombouts Ave, LLC | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-152 | 1/11/2023 | Joseph Montbello and JJPCSNY LLC | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 22-049 | 1/11/2023 | Lash Princess 56, Inc. | Petition dismissed for failure to comply with Board Rules § 65.18 and amend petition to state in what respects the contested order to comply was invalid or unreasonable. |
| PR 22-079 | 1/11/2023 | Maria Restaurant Food Corp. and Franklin Y. Rodriguez | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 22-100 | 1/11/2023 | Neelima Mellela and Srinidhi LLC | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 22-106 | 1/11/2023 | Bar Testing LLC | Petition dismissed for failure to comply with Board Rules § 65.18 and amend petition to include a complete copy of the order or orders to be reviewed. |
| PR 19-086 | 11/9/2022 | Alexandra Bedoya and Isabel Bakery & Restaurant, Inc. | Petition granted in part, denied in part. Respondent’s motion to dismiss granted in part, denied in part. Petitioners failed to provide sufficient credible payroll records to prove claimants were paid all wages for all hours worked. Wages owed to one claimant revoked as no rational basis for claim period on order. Civil penalty for wage violations revoked as respondent failed to explain how statutory factors were used to calculate penalty. Wages, interest, liquidated damages and non-monetary civil penalties otherwise affirmed. |
| PR 21-014 | 11/9/2022 | Garreton A. Smith Sr. T/A Artique Construction Services | Petition granted in part, denied in part. Claimant was not an independent contractor under the Construction Industry Fair Play Act. Petitioner failed to maintain payroll records. Underpayment properly calculated using information from claimant. Civil penalty for wage violations revoked as respondent incorrectly testified about facts documented in records and also failed to explain how statutory factors were used to calculate penalty. Wages, interest, liquidated damages and non-monetary civil penalty affirmed. |
| PR 21-039 | 11/9/2022 | Ifeanyi Chuba Obiakor | Petition denied. Petitioner failed to meet burden to prove he did not, as a matter of economic reality, exercise sufficient control over claimant’s work. Petitioner did not testify at hearing, produce sufficient evidence, or elicit testimony from other witnesses to prove he was not an employer. Wages, interest, liquidated damages and penalties affirmed. |
| PR 21-054 | 11/9/2022 | Philip James Franks and East Meadow Car Wash and Detailing Inc. T/A East Meadow Car Wash | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-063 | 11/9/2022 | Vincent Jaskowiak | Petition denied. Petitioner failed to meet burden to prove he did not, as a matter of economic reality, exercise sufficient control over claimants’ work. Petitioner did not provide sufficient credible documentary or testimonial evidence to prove he was not an employer. Wages, interest, liquidated damages and penalties affirmed. |
| PR 21-071 | 11/9/2022 | Prem N. Chand and NY Citywide General Contractors, Inc. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-098 | 11/9/2022 | Om Sharma and Priyanka Group Inc. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-133 | 11/9/2022 | William John McLear III and W3 Designs LLC | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 22-039 | 11/9/2022 | Restaurant Dela Mora Inc. | Petition dismissed for failure to comply with Board Rules 65.18 and amend petition to include a complete copy of the order or orders to be reviewed. |
| PR 19-146 | 9/21/2022 | Danielle Sylvia Hay T/A Haywire, Inc. | Petition granted in part, denied in part. Petitioner failed to prove claimant was a commission salesperson or a legally recognized basis to pay a commission salesperson less than minimum wage for hours worked. Petitioner also failed to prove claimant was an outside salesperson and exempt from minimum wage requirements. Petitioner failed to keep sufficient payroll records. Petitioner failed to prove good faith basis to believe they were in compliance with the law as necessary to avoid liquidated damages, which are affirmed. Civil penalty for wage violations revoked as respondent failed to explain how statutory factors were used to calculate penalty. Wages, interest and records penalty affirmed. |
| PR 19-155 | 9/21/2022 | Catheryne Chen and Hamlet Delights, Inc. | Petition denied. Petitioners given due process through hearing. Petitioners failed to prove claimants were paid all wages owed as supplemental records were neither legally sufficient nor reliable and petitioners failed to prove it was unreasonable for respondent to rely on employer’s own records. Interest suspended for stipulated time period. Wages, liquidated damages, records penalty and civil penalty affirmed |
| PR 21-062 | 9/21/2022 | Chung Cho and Bedford Valet Service Corp. T/A 101 Bedford Valet | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-066 | 9/21/2022 | David Elmekies T/A Genieously also T/A Geniously LLC | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 21-076i | 9/21/2022 | Jin Xia and Slim Herbal Beauty Corp. | Respondent’s motion to amend order to reduce wages owed granted. Interest, liquidated damages and civil penalty reduced proportionally. Interest suspended from date of motion until responsive pleading is filed. |
| PR 22-010 | 9/21/2022 | Chrom LLC T/A Chrom Toothpolish | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 22-028 | 9/21/2022 | Juan B. Olivo | Petition dismissed for failure to comply with Board Rules 65.18 to amend petition to include a complete copy of the order or orders to be reviewed. |
| PR 22-031 | 9/21/2022 | Anderson Dias-Moreira and Prestige Construction & Consulting LLC. | Petition dismissed for failure to comply with Board Rules 65.18 and amend petition to include a complete copy of the order or orders to be reviewed. |
| PR 22-038 | 9/21/2022 | Frank Inzerillo, Antonio Loverde and Circus Fruits, Inc. | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 22-053 | 9/21/2022 | Tomasz Matejczuk and MBros Construction, Inc. | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 19-095 | 7/13/2022 | Mirso Lekic AKA Mirsad Lekic | Petition denied in part, granted in part. Petitioner failed to prove a claimant was an executive chef or creative professional. Minimum wage regulations applied. Petitioner also failed to prove claimants were paid all wages and tips owed. Petitioner failed to keep legally sufficient or complete payroll records and did not adequately explain discrepancies in records produced. Petitioner’s testimony was both imprecise and in conflict with records. Wages owed were modified to conform to the information on the claim form regarding days worked. Wages as modified, interest and liquidated damages affirmed. Civil penalty for wage violations revoked as respondent failed to explain how statutory factors were used to calculate penalty. Records penalty affirmed. |
| PR 19-109 | 7/13/2022 | James Obayagbona AKA James J. Obayabona and Miracle Security, Inc. | Petition denied. Motion to dismiss granted. Minimum wage, deductions and penalty orders all affirmed as petitioners failed to establish a prima facie case that the underpayment calculated was incorrect, claimants worked fewer hours or shorter periods of time than calculated, claimants were paid minimum wage and overtime, or that petitioners kept or maintained required time and payroll records. Petitioners failed to prove a good faith basis to believe they were in compliance with the labor law, they were required to be given a compliance conference, or that the civil penalty was unreasonably high. |
| PR 20-054 | 7/13/2022 | Cheryl Gentry and Glow Media & Marketing T/A Glow Global Events | Petition is denied in part, granted in part. Petitioners failed to prove claimant was not an employee as petitioners supervised and controlled claimant’s work schedule, determined rate of pay, failed to pay agreed upon amount, and maintained employment records. Petitioners’ label of “intern” does not relieve employer of liability. Petitioners failed to produce legally required payroll records. Wage amount modified to reflect actual period of employment. Records penalty affirmed. Interest, liquidated damages and civil penalty affirmed as based on modified wages. |
| PR 21-020 | 7/13/2022 | Acri Café, Inc. | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 21-049 | 7/13/2022 | Dijifi Life, Inc. | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 21-053 | 7/13/2022 | Wanda G. Fernandez AKA Wendy Fernandez | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 21-104 | 7/13/2022 | Starr A. Cooper AKA Starr Ango D/B/A Walk-In Weaves Buffalo | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 22-018 | 7/13/2022 | BBQ Hicksville LLC and BBQ Nite Restaurant LLC | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 22-026 | 7/13/2022 | Gamal A. Mohammed | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 19-059 | 5/18/2022 | Linda Lucadamo, Scott M. Kazan and Rattlesnake Jack’s Corp. T/A Rattlesnake Jack’s | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 19-085 | 5/18/2022 | Nicole Lambert and Lambert DDS & Co. PLLC | Petition denied in part, granted in part. Petitioners failed to prove they did not employ two claimants and failed to prove all claimants were paid all wages owed. Petitioners failed to keep legally sufficient or complete payroll records and did not adequately explain discrepancies in records produced. A petitioner’s testimony was not credible and conflicted with written assertions made to respondent during investigation. Wages, interest and liquidated damages affirmed. Civil penalty for wage violations revoked as respondent failed to explain how statutory factors were used to calculate penalty. Records penalty affirmed. |
| PR 19-151 | 5/18/2022 | Leonard Froio | Petition granted. Petitioner met the burden to prove he did not, as a matter of economic reality, exercise sufficient control over claimant’s work to be held liable for unpaid wages. Petitioner held lease to property where business was located but there was insufficient evidence that he directed and controlled work at the business. Order revoked regarding petitioner. |
| PR 20-003 | 5/18/2022 | Djene African Hair Braiding Center and Djene Souko | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 20-052R | 5/18/2022 | Mian Nadim Saber AKA Nadeem Saber and Saima Saber | Application for reconsideration and reinstatement denied. Petition previously dismissed for failure to participate in hearing. Petitioners failed to provide sufficiently detailed and credible excuse for their failure to participate in the scheduled hearing. |
| PR 21-029 | 5/18/2022 | Raja Jameel Batarseh and City Limits Auto Center, Inc. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-034 | 5/18/2022 | Dominica Sarris AKA Dominica Rojas and S&D Autoworks LLC T/A Tint World | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-123 | 5/18/2022 | Gabriela Peña-Noguera | Petition granted. Order to comply modified to remove petitioner and address. |
| PR 22-004 | 5/18/2022 | Roy Reid & Corporate Courier New York, Inc. | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 22-005 | 5/18/2022 | Abdul M. Mohammed and Smoke Buddys Smoke Shop LLC | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 22-006 | 5/18/2022 | Bledi Likaj | Petition denied. Petition dismissed for failure to comply with Board Rules 65.18 and amend petition to include a complete copy of the order or orders to be reviewed. |
| PR 22-014 | 5/18/2022 | James Bell and Ma & Pa’s Snacks LLC | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 19-081 | 3/30/2022 | Jeremy Ogorek | Petition granted. Petitioner met the burden to prove he did not, as a matter of economic reality, exercise sufficient control over claimants’ work to be held individually liable for unpaid wages. Having an executive position, being listed on a claim form and being linked with a business address in an unspecified manner was, without more, an insufficient basis to find that petitioner had the requisite control over hiring, firing, wage and other conditions of employment by be held liable. Order revoked regarding petitioner. |
| PR 19-134 | 3/30/2022 | Ganem X. Elbasel and Global Design #1 Inc. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 19-153 | 3/30/2022 | Kennedy Peralta Peraltaduran AKA Kennedy Peralta and Yokaira Solano AKA “Suly” and La Placita Washington Heights Corp. T/A La Placita | Petition denied in part, granted in part. Petitioners failed to prove they were not claimant’s employer. Testimony of petitioners’ witnesses too brief and general to satisfy their burden of proof, considered in the total absence of payroll records showing which employees worked during claim period. Minimum wages, interest, liquidated damages and civil penalty for the wage violation all affirmed. Penalty order for failure to keep records and provide wage statements revoked as order contained conflicting information in different sections as to basis for the penalties which was not explained by respondent at hearing. |
| PR 20-018 & PR 20-019 | 3/30/2022 | John P. Goutos, M.D. and Oleg Olshanetskiy, D.O. & John D. Dellorso, M.D. and Thomas D. Kelliher, Esq. | PR 20-018: Petition granted. Petitioners met the burden to prove they did not, as a matter of economic reality, exercise sufficient control over claimants’ work to be held individually liable for unpaid wages. Petitioners were part owners of the business with no control over hiring, firing, hours or wages, and had no control over business records. Order revoked regarding petitioners.
PR 20-019: Petition denied. Petitioners failed to meet the burden to prove they did not, as a matter of economic reality, exercise sufficient control over claimants’ work. Petitioners did not testify at hearing, produce evidence, or elicit sufficient other testimony from other witnesses to prove they were not employers. Petitioners provided insufficient evidence to contest dates of employment or otherwise prove a denial of due process. Employer finding, wages, interest, liquidated damages and other penalties affirmed. |
| PR 20-034 | 3/30/2022 | Maria E. Guallpa AKA Maria Lema T/A Tacos Picantes Rancheros Inc. | Petition denied. Petitioner failed to meet the burden to prove she was not the claimant’s employer during the claim period. Credible evidence demonstrated claimant performed work in petitioner’s business with knowledge of petitioner. Petitioner lacked legally sufficient payroll records and records produced did not include another acknowledged worker. Existence of an additional possible employer for work performed at adjacent deli operated by petitioner’s daughter does not prove petitioner was not an employer. Wages, interested, liquidated damages, civil penalties and records penalties affirmed. |
| PR 20-042 | 3/30/2022 | Yris A. Arnaud AKA Iris Sanchez and El Viejo Gran Café Corp. T/A El Viejo Gran Caffe | Petition denied in part, granted in part. Petitioners failed to meet the burden to prove they did not employ claimant. Petitioner’s testimony too general and confusing regarding hours worked by other employees and the omission of an acknowledged employee from insufficient records produced. Other witnesses lacked specific knowledge of business operations during claim period. Wages, interest and liquidated damages affirmed. Wage related civil penalties revoked based on lack of evidence of prior violations or sufficient explanation of other statutory factors. Non-wage civil penalties affirmed. |
| PR 20-055R | 3/30/2022 | Wei Song AKA Wei Zhong | Application for reconsideration denied. Petition previously determined based on merits. Petitioner failed to provide justification for reconsideration pursuant to Board Rule § 65.41. |
| PR 20-082 | 3/30/2022 | Mehmet Alkurt and Sweet House LLC T/A Antepli Baklava | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-010 | 3/30/2022 | Jane Nugent and Family Care Health Nurse Practitioner, P.C. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-056 | 3/30/2022 | Julie Atti Rogers AKA Julie A. Atti | Application for reconsideration denied. Petition previously dismissed as untimely. Petitioner failed to provide justification for reconsideration pursuant to Board Rule § 65.41 as no explanation was provided in application excusing untimely petition. |
| PR 21-142 | 3/30/2022 | Carmelo J. Cataudella | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 19-010 | 2/9/2022 | Morris L. Kaff AKA Moshe Kaff AKA Moshi Kaff and Zomick’s Food Products Ltd. T/A Zomick’s Bakery | Petition denied in part, granted in part. Time records produced by petitioners neither credible nor complete, payroll records were incomplete. Admitted modification of time records under various circumstances rendered records insufficient as a basis to accurately estimate hours worked. Wage rate notices were not credible as claimants testified that they were signed when blank and not in primary language. Petitioners did not meet their burden to prove that the wages were not owed or had been paid. Respondent properly used hours and wages provided by claimants to calculate underpayment. Underpayment modified to reflect days not worked for holidays as supported by record and conceded by respondent. Other modifications directed based on credible claimant statements and testimony of hourly rates, hours worked and dates of employment. Spread of hours calculation revoked as unexplained, to the extent it was included in the calculations at all. Petitioners did not sufficiently challenge liquidated damages or interest or civil penalties which were affirmed. Wage related civil penalties revoked based the respondent’s failure to demonstrate basis using statutory factors. Non-wage penalties affirmed. |
| PR 19-017r | 2/9/2022 | Massimiliano Pincione AKA Max Pincione and Patrick M. Pincione and Tower Enterprises, Inc. | Respondent’s motion for reconsideration denied. Respondent did not move to amend contested order to cure error in civil penalty assessment and failed to submit supplemental materials to support motion. |
| PR 19-105 | 2/9/2022 | Harilaos M. Giannatos AKA Harry Giannatos and New Age Contractors Service Corp. | Petition denied. Petitioners afforded due process through hearing. Petitioners failed to maintain payroll records and did not meet burden to prove wages were not owed through specific testimony or documentary evidence. Petitioners did not sufficiently challenge liquidated damages, interest or wage related civil penalties which were affirmed. Non-wage penalties affirmed. |
| PR 19-129 | 2/9/2022 | Kan Liu, Ying Liu, He Liu and Edo Sushi & Grill, Inc. T/A Edo Restaurant | Petition denied in part, granted in part. Two individual petitioners did not have sufficient control over work performed to be found employers. Petitioners’ payroll records insufficient as they were incomplete, hand-written, did not have evidence of payments made, and not credible as they contained purported tips earned each week which did not vary from week to week. Petitioners failed to prove wages were not owed. Petitioners failed to prove eligibility to apply tip credit towards wages as required notice of wage rates containing intention to apply tip credit were not issued. Respondent properly used best available evidence, which was information provided by claimants and portions of employer records to calculate underpayment. Underpayments modified based on statements by claimants of dates of employment, holidays indicated by claimants on claim forms, and an accurate use of information in employer’s insufficient records. Underpayments further modified to revoke wages owed which were not supported by calculation sheets and no rational basis for underpayment calculation provided by respondent. Remainder of wage underpayments affirmed. Petitioners did not sufficiently challenge interest which is affirmed. Petitioners failed to prove good faith basis to believe compliance with the Labor Law needed to avoid liquidated damages. Wage related civil penalties revoked because the respondent failed to demonstrate basis using statutory factors. Non-wage penalties affirmed. |
| PR 20-052 | 2/9/2022 | Mian Nadim Saber AKA Nadeem Saber and Saima Saber | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-089 | 2/9/2022 | Andrew Zurica and AZTP Holdings, LLC T/A Andrew’s Classic Brooklyn Bagels | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 21-111 | 2/9/2022 | Commercial Contracting & Management Inc. and George Williams | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 21-124 | 2/9/2022 | Karen McLean | Petition denied. Petition dismissed for failure to comply with Board Rules 66.3 (d) and amend petition to include a complete copy of the order or orders to be reviewed, a statement of why the order was invalid or unreasonable, and the relief requested. |
| PR 21-131 | 2/9/2022 | Peng Fei Lin and New Gold Nail & Spa Inc. T/A New Gold Nail & Spa | Petition denied. Petition dismissed for failure to comply with Board Rules 66.3 (d) and amend petition to include a complete copy of the order or orders to be reviewed, a statement of why the order was invalid or unreasonable, the relief requested and required contact information. |
| PR 21-136 | 2/9/2022 | Tanya Terrell Robinson T/A Bontetes Daycare Inc. | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 19-007 | 12/22/2021 | Walid A. Hallak, Sr. AKA Willid A. Hallak, Sr. AKA Willy Hallak and Mohammed Ahmed Hallack AKA Mike Hallack and Uno Construction Corp. and W.M.C.K. Construction Corp. | Petition denied. Petitioners did not maintain or provide legally sufficient payroll records or other credible proof of hours worked and wages paid. Petitioners did not meet their burden to prove that the wages were not owed or had been paid. Testimony presented by petitioners was inconsistent with their offered records and their own witnesses. Petitioners’ documentation was not for the entire claim period, the total of the checks for each claimant did not match the amounts showed on the corresponding W-2s, and there was no offered documentation containing an accounting of the wages paid in cash. Amounts and frequency of checks offered by petitioners did not support their testimony of hours worked pursuant to a regular schedule. Petitioners’ testimony was too general, not supported by some of their own evidence and was contradicted by both the credible testimony of the claimants and some ancillary evidence regarding hours of operation at the work site. Petitioners did not sufficiently challenge liquidated damages, interest or civil penalties, all of which were affirmed. Non-wage penalties also affirmed based on credible testimony of claimants and lack of sufficient records. |
| PR 19-075 | 12/22/2021 | Jackleen A. Nesheiwat, Carlos M. Rios and JCM Pizzeria Corp., T/A Sal’s Pizzeria | Petition denied in part, granted in part. Petitioner Rios was an employer based on economic reality of claimant’s employment. Petitioners did not provide legally sufficient payroll records of hours worked and wages paid. Minimum wage order reduced to conform to dates of employment testified to by claimant but otherwise affirmed. Interest and liquidated damages affirmed. Civil penalty on wages revoked for respondent’s failure to show consideration of statutory factors to assess civil penalties. Non-wage civil penalties affirmed. |
| PR 19-099 | 12/22/2021 | Igor Q. Eliachor AKA Igor Eliachov and Olma Service 21 Group LLC and Olma Lounge LLC T/A Olma XXI Inc, also T/A Olma Restaurant & Bar | Petition denied. Petitioners failed to prove that claimant, a chef a petitioners’ restaurant, was an independent contractor. Petitioners failed to maintain legally sufficient payroll records as documentation was not for all employees and did not contain daily and weekly hours for all employees. Wage order affirmed as checks provided by petitioners were issued from different companies without explanation and do not permit for a complete accounting of wages earned and wages paid. Petitioners offered insufficient evidence to challenge interest, liquidated damages or civil penalty. Non-wage civil penalties also affirmed. |
| PR 19-126 | 12/22/2021 | See Sun Wong and Fatty Fish Manhattan, Inc. | Respondent’s unopposed motion to withdraw contested order granted. |
| PR 19-142 | 12/22/2021 | Sasithorn Thongthavechaikij and Besassy LLC T/A Carbone Restaurante Italiano | Petition denied in part, granted in part. Petitioner Thongthavechaikij was an employer based on economic reality of employment and direction and control over work performed. Petitioners failed to provide legally sufficient payroll records of hours worked and wages paid as no records were kept of daily hours worked and cancelled checks did not always correspond with amounts on pay stubs. Claimant was not paid a true hourly wage, but rather a set salary for fluctuating hours. Minimum wage owed properly calculated based on requirements of Hospitality Wage Order when a true hourly rate was not paid. Interest and liquidated damages affirmed. Civil penalty on wages revoked for failure to show respondent considered statutory factors to assess civil penalties. Non-wage civil penalties affirmed. |
| PR 20-031 | 12/22/2021 | Julie Lynn Baker AKA Julie Martin and Robert Martin and Martin Dairy Farm LLC. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 20-035 | 12/22/2021 | Moshe M. Gold and JLM Decorating NYC, Inc. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 20-037 | 12/22/2021 | Esperanza Rosario Collado AKA Esperanza Rosario and Oasis Restaurant & Sports Bar, Inc. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-045 | 12/22/2021 | Amiel L. Aharon | Petition denied. Petition dismissed for failure to comply with Board Rules 66.3 (d) and amend petition to include a complete copy of the order or orders assessing penalties to be reviewed. |
| PR 17-137 | 11/10/2021 | Akbarali Himani and Alifine Dining, Inc. T/A Nanking Restaurant) | Petition denied in part, granted in part. Petitioners did not maintain or provide legally sufficient payroll records or other credible proof of both hours worked and wages paid. Petitioners did not meet their burden to prove that the wages were not owed or had been paid. Testimony presented by petitioners was inconsistent with their offered records. Petitioners’ records contained competing and unexplained information which rendered them not a credible basis of hours worked and wages paid. Petitioners failed to prove spread of hours was either not earned or properly paid. Minimum wages owed modified to conform to evidence. Petitioner Himani had sufficient control over business to be individually liable for wages. Claim period reduced to reflect date business began operation. The good faith basis to believe compliance with the Labor Law was not proven by petitioners. Civil penalties and interest based on minimum wages affirmed as modified to reflect reduced wages owed. Records penalties also affirmed as records not offered for duration of claim period and were not reliable. |
| PR 18-082 | 11/10/2021 | Reginald J. Palmer II and Solutions NE LLC T/A Clean Home Solutions | Petition denied in part, granted in part. Petitioners failed to prove claimant was an independent contractor as a matter of economic reality of employment relationship. Petitioners were claimant’s employer based on power to control claimant’s work. Claimant did not perform sufficient outside sales work to be found an outside salesperson. Res judicata and collateral estoppel based on an unemployment insurance decision not applicable. Due process was provided through the contested hearing. Petitioners failed to keep payroll records. Wage order modified to reduce underpayment based on hours worked included in claim and claimant’s acknowledgment of some wages paid. Liquidated damages and interest reduced proportionally but otherwise affirmed. Civil penalty on wages revoked for failure to show respondent considered statutory factors to assess civil penalties. |
| PR 19-149 | 11/10/2021 | George P. Psathas and North Avenue Twin Donuts, LLC | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 20-012 | 11/10/2021 | Azzam Mohamed and Ali Mohamed AKA Ali A. Mohammad and A&A Drugs Inc. T/A Broadmeds Pharmacy. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 20-015 | 11/10/2021 | Wen Zhou AKA Wen Yao and New Tobiko Restaurant Inc. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 20-055 | 11/10/2021 | Wei Song AKA Wei Zhong | Petition granted in part, denied in part. Petitioner was individually liable as an employer based on the economic reality of the claimant’s employment. Due process provided through contested hearing. Prior settlement with claimant did not bar wage claim for different period of time. Wages, liquidated damages and interest affirmed. Civil penalty on wages revoked for failure to show respondent considered statutory factors to assess civil penalties. |
| PR 19-067i | 9/29/2021 | Mugisha Sahini and Riverside Line, Inc. | Application for reconsideration granted. Petitioners provided sufficient grounds for reinstatement. |
| PR 19-079 | 9/29/2021 | Nassar E. Nassar T/A S & T Auto Mechanics, LLC | Petition granted. Petitioner met the burden to prove he did not exercise sufficient control over claimant’s work. Claimant was not an employee as he did not work a set schedule, worked at his own convenience, could and did engage in other employment, was not directed on how to complete work, had the opportunity for profit and loss, provided his own tools, performed work of a limited duration and did not perform work which was an integral part of petitioner’s business. |
| PR 19-135i | 9/29/2021 | Francisco Garcia AKA Francisco Blanch AKA Francisco De Asis Garcia Blanch and Gabriela Echeverria | Application for reconsideration granted as unopposed by Respondent. |
| PR 20-072 | 9/29/2021 | Kelly Jean Egan and Peace Day 365, Inc. | Petition denied. Petitioners failed to prove claimant was a volunteer as document signed by petitioner outlined work and promised a salary. Petitioners provided due process through hearing. Petitioners provided no payroll records and did not provide a good faith basis to avoid liquidated damages. Respondent’s determination that conduct was egregious was not invalid or unreasonable. |
| PR 21-056 | 9/29/2021 | Julie Atti Rogers AKA Julie A. Atti | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 21-081 | 9/29/2021 | Lisa M. Tagliabue and Trinity Integrity Group Inc. T/A Trinity Hairdressing and Makeup Academy | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 21-084 | 9/29/2021 | John Patrick Bell and Patrick Concrete Constructors, Inc. | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 21-087 | 9/29/2021 | Bernadette Richards and Sophie’s Health Care Services, Inc. | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 19-017 | 7/14/2021 | Massimiliano Pincione aka Max Pincione and Patrick M. Pincione and Tower Enterprises, Inc. | Petition denied in part, granted in part. Petitioners did not maintain or provide legally sufficient payroll records or other credible proof of both hours worked and wages paid. Petitioners did not meet their burden to prove that the wages were not owed or had been paid. Petitioners’ general denial that overtime hours were worked also does not satisfy burden of proof. The good faith basis to believe compliance with the Labor Law was not proven by petitioners. Civil penalties based on wages and minimum wages affirmed in part and denied in part based on unexplained civil penalties for the unpaid wages exceeding the statutory limit. Penalties for failing to provide a sufficient lunch period and keep sufficient payroll records are affirmed. |
| PR 19-088 | 7/14/2021 | Delicias Calenas Inc. and Ingrid Janeth Moreno | Petition denied in part, granted in part. Wage order modified to eliminate underpayments for two claimants as evidence did not demonstrate the basis of underpayments for those claimants. Liquidated damages, interest and civil penalties reduced proportionally but otherwise affirmed. Wage order otherwise affirmed based on lack of payroll records and insufficient, general statements that wages were not owed. Non-wage violation penalties also affirmed. |
| PR 19-160 | 7/14/2021 | Maxie Bowen and Maxco Construction Inc. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 21-052 | 7/14/2021 | Anthony P. Frascone aka Anthony Omega and Alpha Omega Building Consultants Inc. | Petition denied. Petition dismissed for failure to comply with Board Rules 66.3 (d) and amend petition to include a complete copy of the order or orders to be reviewed. |
| PR 19-018 | 6/2/2021 | Jolanda D. Torres AKA Jolanda D. Halter and California Rollin, Inc. T/A California Rollin | Petition denied in part, granted in part. Petitioners provided due process through hearing. Sushi chefs permitted to participate in mandatory tip pool based on level of direct customer service. Other cooks and kitchen workers were not. Civil penalty in wage order revoked after respondent offered insufficient evidence that statutory factors were properly considered. Liquidated damages, interest and other findings in the contested order which were not directly appealed are affirmed. Tip appropriation portion of the order affirmed as modified. Penalty order affirmed as modified to remove finding that employer did not have required employment certificate for minor as evidence at hearing demonstrated otherwise. |
| PR 19-072 | 6/2/2021 | Helena Barquet | Petition denied in part, granted in part. Petitioner had sufficient control over the work performed by a nanny caring for petitioner’s children, at times in the apartment where petitioner also lived, to support finding that petitioner was claimant’s employer. Interest affirmed as not contested and penalty order affirmed for lack of payroll records. Liquidated damages revoked as petitioner proved a good faith basis to believe she was not violating the labor law. Civil penalty revoked as respondent did not provide an explanation of how information gathered during investigation was used to assess civil penalty. |
| PR 19-077 | 6/2/2021 | Affective LCSW Services PLLC and Delsa Fauconier | Petition denied in part, granted in part. Petitioners proved they were not claimant’s employer during part of claim period when he was a business partner. Petitioners failed to prove they were not the employer after partnership agreement was terminated. Interest affirmed as not contested and penalty order affirmed for lack of payroll records. Petitioners failed to meet burden of providing good faith basis to believe there was labor law compliance needed to avoid liquidated damages. Civil penalty revoked as respondent failed to adequately address statutory factors used to assess civil penalty. |
| PR 19-135 | 6/2/2021 | Francisco Garcia AKA Francisco Blanch AKA Francisco De Asis Garcia Blanch and Gabriela Echeverria | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 20-060 | 6/2/2021 | Lookman Afolayan and Buka NY Corp. | Petition denied. Wage order affirmed. Penalty order affirmed. Petitioners failed to offer payroll records or other credible evidence of hours worked or wages paid. Petitioners failed to meet burden of proof that claimants were paid all wages owed and tips earned, and that employees were issued wage rate notices, wage statements, were paid an hourly rate or were provided with uninterrupted 30-minute meal period. Insufficient evidence offered to challenge imposition of liquidated damages, civil penalties or interest. |
| PR 21-007 | 6/2/2021 | Scott Sanders and Rogers Avenue Enterprises LLC | Petition denied. Respondent’s motion to dismiss granted. Order to comply both properly served at last known place of business and sent to petitioner’s current address in a manner reasonably calculated to reach petitioners. Petition was untimely. |
| PR 21-023 | 6/2/2021 | Adrian Shahini and Adriano Mechanical Corp. | Petition denied. Petition dismissed for failure to comply with Board Rules 66.3 (d) and amend petition to include copies of order or orders to be reviews. Petitioners provided no basis for reconsideration pursuant to Board Rules 65. 41 (a). |
| PR 20-047 | 4/7/2021 | Susan R. Meloccaro, Warren L. Richman, and Career and Educational Consultants, Inc. | Petition denied. Wage order affirmed. Penalty order affirmed. Records offered by petitioners were insufficient to satisfy record keeping requirements. Canceled checks and copies of money orders were insufficient proof of wages paid. No proof money orders were cashed and no way to determine what period of wages the checks and money orders covered. Petitioners provided insufficient evidence of specific hours worked and wages paid, and failed to meet their burden of proof. |
| PR 18-060 | 2/24/2021 | Rauf Ziya | Petition denied. Petitioner was found to be employer based on day-to-day oversight of the restaurant, making hiring decisions and informing all employees that restaurant was closing. Petitioner’s testimony that was he was only a chef was too general, conclusory and contradictory. Interest, liquidated damages, civil penalty and records penalties all affirmed as petitioner did not introduce evidence to challenge them. |
| PR 19-065 | 2/24/2021 | Chong S. Piper AKA Susan Piper and Thomas W. Piper AKA Timothy Piper and 615 W. 176th St., LLC | Petition denied in part, granted in part. Respondent correctly used apartment value from 1975 for calculations in accordance with Minimum Wage Order for Building Services. Petitioners failed to prove electric meter, and thus utility payments, was only for claimant’s apartment. Wages owed to claimant should have been based on 18 unit building, not 19 unit building and wages owed must be recalculated based on factor of 18 unit building. Minimum wage order affirmed as modified. Petitioners failed to demonstrate good faith belief in compliance needed to avoid liquidated damages. Petitioners failed to demonstrate compliance with record keeping requirements. Interest and civil penalty affirmed as petitioners did not introduce evidence to challenge them. |
| PR 19-127 | 2/24/2021 | Leo O’Brien and Leo O’Brien Racing Stable, Ltd. | Petition dismissed for petitioners’ failure to appear at hearing. |
| PR 19-141 | 2/24/2021 | Sergey Igorevich Bezrukov | Petition dismissed for petitioner’s failure to appear at hearing. |
| PR 20-017 | 2/24/2021 | Mahabubuz Zamam and Tikka Garden & Grill Inc. | Petition dismissed for failure to comply with Board Rules 66.3 (d) and amend petition to include copies of the order to be reviewed. |
| PR 20-020 | 2/24/2021 | Harry A. Debari | Petition dismissed. Motion to dismiss untimely petition granted. |
| PR 20-032 | 2/24/2021 | Jose R. Sanchez Pena | Petition dismissed for failure to comply with Board Rules 66.3 (d) and amend petition to include a complete copy of the order to be reviewed. |
| PR 20-043 | 2/24/2021 | Pie Craft LLC | Petition granted. Respondent’s motion to remove this petitioner from order is granted. |
| PR 17-178 | 1/13/2021 | Giovanni Russo AKA John Russo and Muzzarella, Inc. T/A Muzzarella Pizza | Petition granted in part and denied in part. Motion to dismiss granted in part. Minimum wage order affirmed. Penalty order revoked. Petitioners failed to establish a prima facie case to contest the wages, interest and liquidated damages in the minimum wage order. Petitioners did not maintain or produce legally sufficient payroll records for the contested period, nor did petitioners provide sufficient credible and specific testimony to meet their burden of proof. Petitioners also failed to demonstrate the good faith basis to believe they were in compliance with the law required to contest the imposition of liquidated damages. Petitioners failed to prove that claimants were provided with wage statements or an uninterrupted 30-minute meal period. The civil penalty in the minimum wage order revoked as petitioners demonstrated they were a small business with no history of violations. Respondent conceded petitioners’ cooperation during the investigation and lack of history and did not otherwise provide the basis for the penalty calculation. |
| PR 18-006_PR 18-015 | 1/13/2021 | Marcie Lyn Sanders | Petition granted. Orders to comply revoked as to this petitioner. Petitioner satisfied the burden of proof that they were not an owner or corporate officer, and lacked operational control of the business concerning the claimants. |
| PR 19-109 | 1/13/2021 | James Obayagbona AKA James J. Obayabona and Miracle Security, Inc. | Petition dismissed for failure to appear at hearing. |
| PR 19-139 | 1/13/2021 | Jeremie R. Rachunow and Ageonics Medical, P.C. | Petition denied. Motion to dismiss granted. Wage order and penalty order affirmed. Petitioners did not produce payroll records and acknowledged that wages were owed and that the order was valid and reasonable. |
| PR 20-016 | 1/13/2021 | Pierre Ancy Brunache and Chloe’s Restaurant & Lounge, LLC | Petition dismissed for failure to comply with Board Rules 66.3 (d) and amend petition to include copies of the order to be reviewed and a complete petition. |
| PR 20-026 | 1/13/2021 | Diavi M. Osores and Pollos A La Brasa Don Alex Y Mas Corp. | Petition dismissed for failure to comply with Board Rules 66.3 (d) and amend petition to include copies of the order to be reviewed. |
| PR 20-036 | 1/13/2021 | Burton Leventhal AKA Burton Drew Leventhal and Newman & Leventhal Caterers, Inc., T/A Newman Leventhal | Petition dismissed for failure to appear at hearing. |