Fighting for American Workers

Fight Wage Theft Blog

Chris Marlborough is a class action attorney representing workers seeking wages owed to them by their employers.  

The corporations call this wage and hour litigation, those on the side of the workers call it wage theft.

This blog will explore the civil and criminal legal aspects of the American wage theft crisis as well as its social, economic and moral implications.


Christopher Marlborough

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New York's minimum wage just increased in many parts of New York State. The latest in a series of annual minimum wage hikes took effect Dec. 31, 2020.  The minimum wage in New York differs based on the county in which the work is performed. Here are the minimum wages in New York for 2021.

 

NYC

Westchester and Long Island

Upstate New York

General Workers

$15.00

$14.00

$12.50

Fast Food Workers*

$15.00

$14.50

$14.50

Tipped Food Service Workers**

$10.00

$9.35

$8.35

Hospitality Tipped Workers

$12.50

$11.65

$10.40

 

*State law defines fast-food establishments as any chain with at least 30 locations nationwide where customers have to order and pay for their food before they consume it. The fast food worker minimum wage will increase to $15.00 statewide on July 1, 2021.

**For tipped workers, their combined tips and cash wages must be equal to or greater than the full minimum wage for their region.

The new law also eliminated the tipped wage for workers "miscellaneous workers" including nail salons workers, car wash workers, doormen, skycaps valets and hair dressers. Those workers must now be paid the full cash minimum wage even if they also receive tips.

In addition, the minimum salary requirement necessary for executive and administrative employees to be exempt from overtime pay rules has increased for most regions. The minimum salary requirement for employees in New York City remains at $1,125 per week. The threshold increased for workers on Long Island and Westchester from $975 per week to $1,050 per week. The threshold increased for upstate workers from $885 per week to $937.50 per week.   

 

  

 

 

Following its successful debut at the Tribeca film festival last year, January 4, 2021 marked the television premiere of A Woman’s Work: The NFL’s Cheerleader Problem on PBS as part of its Independent Lens series. The film was directed by Yu Gu and produced by Elizabeth Ai. According to the PBS website:

A Woman’s Work: The NFL’s Cheerleader Problem sheds light on the continued fight to end the gender pay gap prevalent throughout the National Football League. For over 50 years, the NFL has employed cheerleaders—women who are lifelong athletes expected to both maintain a peak physical condition and fulfill extreme beauty standards. Many of these athletes have been historically underpaid, with some earning as little as $5 an hour, while others are never paid a salary at all. A Woman’s Work chronicles the journeys of cheerleaders from the Raiders and the Buffalo Bills, each of whom put their careers on the line to take legal action and fight for fair pay.

AWWCM

The Marlborough Law Firm was appointed Co-Lead Counsel in the class action lawsuit against the NFL and Buffalo Bills and Christopher Marlborough appears briefly in the film. Christopher Marlborough stated that A Woman’s Work is a very powerful film by two talented filmmakers. Yu and Elizabeth did an exemplary job portraying the struggle of NFL Cheerleaders to receive fair treatment within the league and the challenges of wage theft litigation. I am very proud of my clients for their courage of taking a stance on this important issue.    

The film is available for streaming on PBS until February 3, 2021. 

On February 2021, initial payments were sent to class members as part of the $7,140,000 million settlement approved by the Court in Vargas v. Howard, et al. The complaint alleged that defendants failed to pay their portable toilet service technicians overtime for working more than forty hours. The case was filed in June 2015 and the Marlborough Law firm was appointed Co-Lead Class Counsel in 2018.

The settlement was approved by Magistrate Judge Debra Freeman of the United States District Court for the Southern District of New York on October 30, 2020. More than 1,200 hundred class members will receive payments under the terms of the settlement.

“We are thrilled that settlement payments are being distributed,” said Christopher Marlborough, Principal Attorney of the Marlborough Law Firm.  “This is a tremendous result for the class and concludes more than five years of litigation.”

On October 16, 2020, Magistrate Judge Sara Netburn of the United States District Court for the Southern District of New York approved the $11 million settlement in In Re Doria Memon Discount Stores Wage and Hour Litigation.  As part of the settlement, more than 90 class members will receive an average of more than $70,000 dollars.

The case concerned the alleged failure to pay overtime and minimum wage to the discount store workers as well as claims for workplace retaliation. The action was filed in October 2014 and the Marlborough Law firm was appointed Co-Lead Class Counsel in 2017. The settlement was reached only a few days before the scheduled trial was about to start.

“We are pleased with the settlement. For many years, our clients worked long hours for low pay, but their perseverance in the litigation finally paid off,” said Christopher Marlborough, Principal Attorney of the Marlborough Law Firm.  “This is a tremendous result for the class and concludes more than six years of litigation in this case. I would like to thank the class representatives for their outstanding contribution to the case.”

Christopher Marlborough, Principal Attorney of the Marlborough Law Firm, P.C., has been selected for the 2020 NYC Metro SuperLawyers’ list. This is the eighth year in a row that Mr. Marlborough received recognition by the rating service. In 2013 and 2014, Chris was selected to SuperLawyers’ NYC Metro Rising Stars list for young and newly admitted attorneys. In 2015-2020, he was selected to the NYC Metro SuperLawyers list for more experienced attorneys.  

According to SuperLawyers.com, the list represents no more than five percent of lawyers in the state. The organization describes its thorough selection process as follows:

Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public.

Mr. Marlborough was elated by the announcement, responding: “It is truly an honor to be recognized by SuperLawyers eight years in a row. Some of the finest attorneys that I know have been recognized by rating service for their professional achievements and I am proud to be in their company. I would like to thank those that nominated me for the honor and everyone who participated in the selection process.” 

Christopher Marlborough, Principal Attorney of the Marlborough Law Firm, P.C., has been selected for the 2019 NYC Metro SuperLawyers’ list. This is the seventh year in a row that Mr. Marlborough received recognition by the rating service. In 2013 and 2014, Chris was selected to SuperLawyers’ NYC Metro Rising Stars list for young and newly admitted attorneys. In 2015-2019, Mr. Marlborough was selected to the NYC Metro SuperLawyers list for more experienced attorneys.    

According to SuperLawyers.com, the list represents no more than five percent of lawyers in the state. The organization describes its thorough selection process as follows:

Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.

Mr. Marlborough was humbled by the announcement, responding: “It is truly an honor to be recognized by SuperLawyers six years in a row. Some of the finest attorneys that I know have been recognized by rating service for their professional achievements and I am proud to be in their company. I would like to thank those that nominated me for the honor and everyone who participated in the selection process.” 

On June 4, 2019, the Honorable Judge Paul J. Baisley, Jr., of the Supreme Court of New York for Suffolk County certified a class of banquet servers, bartenders, housemen and parking valets in a case against Gary Melius, entities operating Oheka Castle and other defendants in connection with the alleged failure to pay workers for overtime and for all hours worked. The case is styled Kish, et al. v. Oheka Management Corp., et. al., Index No. 618446/2016.

In the Class Certification Order, the Marlborough Law Firm was appointed Class Counsel for the and three plaintiffs were appointed as representatives of the class.

With respect to the decision, Mr. Marlborough, Principal Attorney of the Marlborough Law Firm stated: “This is great news for class members. The Court recognized that Plaintiffs satisfied their burden of showing that common questions predominate over individual ones in this case, such that plaintiffs’ claims can be proceed on behalf of all members of the class. We are looking forward to notice going out to all class members and to litigating the case on a classwide basis.”

Christopher Marlborough, Principal Attorney of the Marlborough Law Firm, P.C., has been selected for the 2018 NYC Metro SuperLawyers’ list. This is the sixth year in a row that Mr. Marlborough received recognition by the rating service. In 2013 and 2014, Chris was selected to SuperLawyers’ NYC Metro Rising Stars list for young and newly admitted attorneys. In 2015, 2016 and 2017, Mr. Marlborough was selected to the NYC Metro SuperLawyers list for more experienced attorneys.    

According to SuperLawyers.com, the list represents no more than five percent of lawyers in the state. The organization describes its thorough selection process as follows:

Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.

Mr. Marlborough was humbled by the announcement, responding: “It is truly an honor to be recognized by SuperLawyers six years in a row. Some of the finest attorneys that I know have been recognized by rating service for their professional achievements and I am proud to be in their company. I would like to thank those that nominated me for the honor and everyone who participated in the selection process.” 

Christopher Marlborough, Principal Attorney of the Marlborough Law Firm, P.C. offered his comments on a proposal to abolish the subminimum wage for tipped employees in the State. More than one hundred other New Yorkers offered their comments to Labor Commissioner Roberta Reardon at Farmingdale State College this morning.

Under the current system, most workers are entitled to the full minimum wage for the county in which they work, while employers of tipped workers do not have to pay the full minimum wage.  For example, most non-exempt workers in Nassau and Suffolk Counties are entitled to a minimum wage of $11.00, tipped workers are only entitled to receive $7.50 form their employer, provided the difference is made up for from tips received.  The $3.50 per hour pay gap is scheduled to widen to $4.00 at the end of 2018.   

In place of the subminimum wage, the proposal would require workers to be paid the full minimum wage, while maintaining the right to retain all of the tips they receive from patrons.

Other commenters included employers and employees from the restaurant, car wash and salon industries. Workers in these industries rely on their tips to survive.

Evident from some of the comments was the fact that many of the workers who wanted to retain the subminimum wage had been misled into believing that getting rid of the subminimum wage would mean that they would lose their right to retain patron tips. However, this notion is patently false.     

Chris shared his experience as an attorney who has litigated unpaid wages cases for many years and noted that the subminimum wage is responsible for worker lawsuits for "double dipping" on the tip credit and failure to pay workers at the full minimum wage for non-tipped work. Both workers and employers who are either unaware of or confused by the subminimum wage law would benefit from a simplification of the minimum wage law to provide one fair wage for all non-exempt workers.

On February 6, 2018, the Honorable Judge Mark C. Ciarocca, of the Superior Court of New Jersey for Union County certified a class of auto parts delivery drivers in a case against Big City Automotive, Inc and two of its related corporations in connection with the alleged misclassification of its employees as independent contractors and the failure to pay them overtime or minimum wage after accounting for unreimbursed expenses. The case is styled Nii-Moi, et al. vs. Linden B.C., Inc., Big City Englewood, Inc, and Big City Automotive, Inc.

In the Class Certification Order, the Marlborough Law Firm and the law firm of Mintz and Geftic were appointed Co-Lead Counsel for the certified class and four of the plaintiffs were appointed as representatives of the class.

With respect to the decision, Mr. Marlborough, Principal Attorney of the Marlborough Law Firm stated: “This is great news for class members. The Court recognized that Plaintiffs satisfied their burden of showing that common questions predominate over individual ones in this case, such that plaintiffs’ claims can be proceed on behalf of all members of the class. We are looking forward to notice going out to all class members and to litigating the case on a classwide basis.”

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"I have a message for those employers who break this nation's labor laws and prey on vulnerable workers: It ends today."

 - Hilda Solis, United States Secretary of Labor (2009-2013)

Why Choose Us

The Marlborough Law Firm has the experience, passion and commitment that it takes to litigate complex wage theft and consumer class action cases.

We concentrate our practice on class actions in order to seek recovery for as many workers and consumers as possible.

We accept most of our cases on a contingency fee basis, which means that you will not be required to pay anything unless your case is successful.

We glady provide free consultations for potential wage theft and consumer class action lawsuits.

Meet The Team

Christopher Marlborough has been litigating plaintiffs' class action cases since 2007. He is a former Chair of the Labor and Employment Committee of the Nassau County Bar Association.

Jennifer Marlborough is a seasoned litigation attorney who has been admitted to practice law for more than twenty-two years.

Chris founded the Marlborough Law Firm in 2013 to continue his fight against unlawful corporate wage theft and consumer fraud practices. 

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10.0Christopher Marlborough

Contact Us

If you think you may be the victim of wage theft or consumer fraud, do not hesitate to contact us. Consultations are always free.  


The Marlborough Law Firm, P.C.
445 Broad Hollow Road
Suite 400
Melville, New York 11747

 

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Phone (212) 991-8960
phoneToll Free (888) 221-0608