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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Christopher Marlborough, Principal Attorney of the Marlborough Law Firm, P.C., has been selected for the 2016 NYC Metro SuperLawyers’ list. This is the fourth 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, 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 four 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.”  

Thursday, 15 October 2015 22:57

The Marlborough Law Firm Helps Bridge the Gap

For the second year in a row, Christopher Marlborough, principal attorney of the Marlborough Law Firm, P.C. will speak to an audience of newly minted attorneys as part of the Nassau County Bar Association’s annual Bridge the Gap Weekend.

The Bridge the Gap program allows attorney to obtain up to sixteen CLE credits in one weekend and providing an introduction to various areas of practice.  Mr. Marlborough said that he was honored to be asked to participate again this year with an expanded one hour presentation.

The program will take place at the Bar Association on January 23 & 24 2016. Mr. Marlborough’s presentation titled Introduction to Wage & Hour Law will be held on the 24th at 12:35 PM. The presentation will cover the minimum wage and overtime requirements of both federal and New York State law, misclassification of employees as independent contractors and worker notification requirements. 

A copy of the registration form for the program is linked below.

 

 

Many individual defendants incorrectly believe that they cannot be held personally liable for a judgment in a wage theft lawsuit because they paid their workers through a corporation.  In an effort in an effort to dispel that notion, Chris Marlborough, principal attorney of the Marlborough Law Firm, P.C. penned an article published this month in the Nassau Lawyer, The Journal of the Nassau County Bar Association. 


The article, titled Casting a Wide Net and Wage and Hour Lawsuits explains that a plaintiff does not have to pierce the corporate veil to hold an individual defendant personally liable when that defendant is a joint employer.  The article further cites numerous bases for naming defendants in wage theft lawsuits, including shareholder/LLC member liability, successor entity liability and liability for common law claims. 


A copy of the issue is linked below.  The article appears on page seven and continues on page 16.  Mr. Marlborough would like to thank the Nassau County Bar Association and the editorial of the journal for the opportunity to write the article.  

Wednesday, 16 September 2015 22:23

Chris Marlborough Makes 2015 Superlawyers List

In what can only be described as “a three-peat,” Christopher Marlborough, Principal Attorney of the Marlborough Law Firm, P.C., has been selected for the 2015 NYC Metro SuperLawyers’ list. This is the third 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.    

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

A statewide survey of lawyers who have been in practice for at least five years leads to the nomination of the best attorneys they have personally observed in action. Candidates are also added from searches by an attorney-led research staff for those who have attained certain honors or achievements. A research department examines the background and experience of each candidate. Point totals are calculated from the balloting and qualitative evaluation steps. Candidates are grouped according to primary area of practice. Members of a blue ribbon panel, selected from those with high point totals, review a list of candidates from their practice area. Final candidates are those with the highest point totals from each category.

Mr. Marlborough was humbled by the announcement, responding: “It is truly an honor to be recognized by SuperLawyers three 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.”  

How much is that doggie in the window?  Allegedly not enough to pay the workers minimum wage and overtime. 

On September 10, 2015, the Marlborough Law Firm, PC and Slater, Slater Schulman LLP filed a prospective class and collective action complaint on behalf of plaintiffs Leroy Williams and Ghassan Jenbart in the United States District Court for Eastern District of New York.  The Complaint alleges that defendants failed to pay minimum wage and overtime to puppy store workers including kennel workers and shipping receiving clerks.

Defendant Gary Nudelman operates two puppy stores in the New York Metropolitan area, A World of Pups in Brooklyn, and NY Breeder on Tarrytown Road in White Plains.

The Complaint seeks damages for unpaid overtime, minimum wage, spread of hours pay and statutory damages for defendants’ alleged failure to provide accurate wage statements and wage rate notifications. Plaintiffs intend to seeks certification as a class action before the case goes to trial in order to obtain a recovery for all similarly situated workers.  

If you have any questions about the case, or have information about the defendants and their pay practices, please contact Christopher Marlborough at the Marlborough Law Firm at (212) 991-8960.

On June 30, 2015, the Marlborough Law Firm filed a prospective class and collective action lawsuit against Call-A-Head, Inc. and the company’s President Charles W. Howard in the United States District Court for the Southern District of New York.

The complaint alleges that the defendants failed to pay their service technicians overtime for working more than forty hours. It further alleges that Call-A-Head has been sued at least six times for alleged failure to pay overtime in violation of the federal Fair Labor Standards Act and the New York Labor Law, but the never changed the company’s overtime policy.

Plaintiff Juan Vargas was a Call-A-Head service technician. He will ask the Court to certify a class of all similarly situated service technicians during the last six years.

Christopher Marlborough, Principal Attorney of the Marlborough Law Firm stated, “Call-A-Head’s motto is ‘We’re #1 at picking up  # 2.’ Unfortunately, the defendants did not treat their workers like number one. We intend to vigorously prosecute this case and see that all of defendants’ hard working service technicians receive the compensation that they deserve.”

Plaintiffs’ investigation is ongoing. If you have any information concerning the case, we would be interested in hearing from you. Please contact, Mr. Marlborough at This email address is being protected from spambots. You need JavaScript enabled to view it. or give us a call at 212 991-8960. The Marlborough Law Firm’s co-counsel in the case is Slater, Slater, Schulman, LLP.

On June 19, 2015, the Marlborough Law Firm filed a prospective class and collective action lawsuit against entities operating the 2 Bros Pizza chain and owners Eli Halali, Oren Halali and Joshua Halali in the United States District Court for the Southern District of New York.

The complaint alleges that defendants required workers to work more than seventy hours per week, and failed to pay them minimum wage or any overtime premium pay. Plaintiffs will ask the Court to certify a class of all similarly situated workers during the last six years.

Christopher Marlborough, Principal Attorney of the Marlborough Law Firm stated, “Defendants are famous for chargining only $1 for a slice of pizza. They maintain their profits at these rock bottom prices by underpaying their workers. We intend to vigorously prosecute this case and see that all of defendants’ hard working pizza workers receive the compensation that they deserve.”

Plaintiffs’ investigation is ongoing. If you have any information concerning the case, we would be interested in hearing from you. Please contact, Mr. Marlborough at This email address is being protected from spambots. You need JavaScript enabled to view it. or give us a call at 212 991-8960. The Marlborough Law Firm’s co-counsel in the case is Slater, Slater, Schulman, LLP.

On May 4, 2015, Erie County New York Supreme Court Judge Timothy J. Drury issued a decision in the ongoing lawsuit concerning the classification of Buffalo Jills cheerleaders as “independent contractors,” rather than employees. Earlier this year, Judge Drury granted Plaintiffs leave to amend their complaint to add the National Football League’s (“NFL” or “the League") as a defendant. Today, the Court denied the League’s motion to be dismissed from the case.

In response to the decision, one of the Plaintiffs' attorneys, Christopher Marlborough, of the Marlborough Law Firm, P.C. stated,

We are extremely pleased with the Court’s decision. Both the Buffalo Bills and the NFL have argued that they have no responsibility for the classification of the Jills as independent contractors. In today’s decision, the Court made it clear that it is looking at all parties who may have participated in the alleged scheme to misclassify the Jills.

We are looking forward to finding out what the NFL knew about the classification of the Jills and when they knew it. In the process, we will learn about what role, if any, the NFL played in the destruction of the historic NFL Cheerleader’s Association, the first and only NFL cheerleaders’ labor union that was formed by members of the Jills in 1995 and forced to disband a year later.

The NFL’s role in the alleged wage theft scheme came to light after Defendant Buffalo Bills produced a series of contracts with several co-defendants classifying the Jills as independent contractors and providing that they would not be paid for working Buffalo Bills home games. Several of those contracts required and received the express written approval of NFL Commissioner Roger Goodell.

The complaint at issue in today’s decision asserted three claims against the NFL: 1) aiding and abetting common law fraud; 2) unjust enrichment; and 3) quantum meruit. Judge Drury denied the League’s motion to dismiss each of those claims.

Aiding and Abetting Common Law Fraud

With respect to the aiding and abetting fraud claim, the Court found that Plaintiffs satisfied the pleading requirements. First, Judge Drury noted that Plaintiffs made allegations concerning the underlying fraud of misclassifying the Jills as independent contractors.

Second, Judge Drury found that Plaintiffs properly pled that the NFL had actual knowledge of the alleged fraud. In his decision, he specified:

The Plaintiffs have alleged in the Second Amended Complaint that because the National Labor Relations Board had determined that the Jills were employees and not independent contractors in 1995, the NFL and Commissioner Goodell had actual knowledge that the Jills were being misclassified by the Bills as independent contractors. The Plaintiffs have alleged that Commissioner Goodell was a high level executive with the NFL in 1995 and thereafter when the union was destroyed.

The Court determined that dismissal on this basis is premature, stating “there are many witnesses with relevant testimony as to what the NFL about the Jills employment status, and when the League knew it, that the Plaintiffs have not had an opportunity to depose.”

The Court also rejected affidavits from Mr. Goodell and the NFL’s Senior Counsel contradicting Plaintiffs' allegations of actual knowledge. Judge Drury referred to the affidavits as “obviously self serving." He noted that Goodell and the League’s Senior Counsel ”represent an entity, as Plaintiffs have argued, that has a history of lockouts.”

Third, Plaintiffs properly alleged that the NFL provided “substantial assistance” to the Bills' alleged scheme to misclassify the Jills. The Court cited Oster v. Kirschner (77 AD3d 51) for the principal that “affirmative approval of contracts containing fraudulent representations can satisfy the substantial assistance requirement.” The Court noted that the requirement was satisfied  in the Jills case based on “the Plaintiffs’ allegations concerning the NFL’s approval of the two contracts between the Bills and Citadel, which encompass the conduct of the Jills squad.”

Finally, the Court rejected the NFL’s argument that the statute of limitations had expired on claims concerning the earlier of the two contracts. The Court applied the discovery rule for fraud claims, which sets the statute of limitations at the later of six years from the time of the fraud or two years from the date the fraud could reasonably have been discovered. See CPLR 213.  The Court held that the “two year period began with the disclosure of the two agreements in 2014.”      

Unjust Enrichment

Judge Drury also found that Plaintiffs properly pled an unjust enrichment claim by stating that the NFL was enriched at the cheerleaders’ expense and that principles of equity and good conscience would favor Plaintiffs if their allegations are proven true.

First, the court, noted that the complaint provided sufficient detail about the benefits that the NFL receives from the Jills’ labor. In response to Defendants’ motion, Plaintiffs also provided additional details about the Jills work in furtherance of the NFL’s international expansion efforts in Canada and Mexico; its breast cancer awareness campaign; media productions; and other NFL events. While the NFL's claim that its involvement in the Jills’ activities was “too attenuated” to sustain a cause of action for unjust enrichment, the Court stated that the league’s alleged role in approving the two contracts provides “a complete answer” to that claim.  

Second, Judge Drury recognized that the NFL did not make any argument about the principles and equity and good conscience. He noted, “the NFL is not contesting the last element of the cause of action given the disparity in worth between the Jills cheerleaders and it.”

Quantum Meruit

The Court also found that Plaintiffs had stated a cause of action for the equitable claim of quantum meruit. The Court recognized the longstanding rule that contractual privity is not required to state a claim for quantum meruit. The Court also recognized that where the enforceability of a contract is questionable, the existence of the purported contract will not preclude a claim for quantum meruit. Judge Drury found that the contract was questionable in this case because “the classification [of the Jills as independent contractors] is suspect."

If you have any questions about this decision or want to discuss how worker misclassification contributes to the American Wage Theft Crisis, please contact Christopher Marlborough, Esq. at (212) 991- 8960.

On April 29, 2015, Chris Marlborough, principal attorney of the Marlborough Law Firm, will co-present a continuing legal education program at the Nassau Academy of Law titled, Employment Law Essentials: Leaves of Absence Discrimination and Wage/Hour Obligations.

The program will be moderated by L. Susan Slavin, Esq. and will also feature Jeffrey Schlossberg of Jackson Lewis, P.C. and Rick Ostrove of Leed Brown Law, P.C.

Mr. Marlborough will explain the minimum wage and overtime requirements of federal and New York State law, including recent changes to New York’s minimum wage tip credit and Wage Theft Prevention Action notification requirements. 

Mr. Schlossberg will be discussing leaves of absences in the workplace, inlcuidng the interplay between the Family Medical Leave Act and the Americans with Disabilities Act. 

Mr. Ostrove's presentation will concern employment discrimination statutes including Title VII, the ADA, the ADEA as well as New York State and New York City Human Rights Laws.  . 

The program runs from 5:30 pm to 8:30 pm. Three New York Mandatory Continuing Legal Education credits are available. The attached registration form provides additional details.

On March 25, 2015, Christopher Marlborough, owner of the Marlborough Law Firm, P.C. spoke to Adelphi University students about the American wage theft crisis.  The presentation was organized by Cory Morris, Esq., an attorney and adjunct professor at Adelphi. 

Mr. Marlborough said, “I am grateful to Professor Morris for giving me the opportunity to speak before his class. I believe it is important that these future captains of industry understand the devastating toll that illegal wage theft practices takes on the health of our nation.” 

A central theme of Mr. Marlborough’s talk was that the workers are not the only victims of wage theft.  Federal and state governments lose billions in unpaid payroll taxes, as well as worker’s compensation and unemployment insurance premiums.  Moreover, wage thieves cheat their honest business competitors by unlawfully tilting the playing field in their favor.  Legitimate employers should not have to worry about being unable to compete with their crooked counterparts who steal the hard earned wages of their workers.

Professor Morris commented, “Mr. Marlborough presented the harsh realities of wage theft to Adelphi's 2015 Spring Semester, Business Law II class. Students need to know the ethical and public policy considerations of operating a business. I felt it incumbent upon me as a professor to provide practical insight on what it means for victims and other legitimate businesses when state and federal labor laws are broken. Mr. Marlborough did an outstanding job of conveying these concepts and providing real life examples of the deleterious effects of wage theft and labor violations to my class.”

Mr. Marlborough is available to speak before your school, church group or civil justice organization.  Call his office to request an appearance or send your request to This email address is being protected from spambots. You need JavaScript enabled to view it..

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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

We have the experience, passion and commitment that it takes to litigate complex wage theft cases and consumer class action casesbr.

We concentrate our practice on class actions and seek recovery for as many workers 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.

Meet The Team

Christopher Marlborough has been litigating 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 attorney with more than 14 years of litigation experience.

Chris founded the Marlborough Law Firm in 2013 to continue his fight against 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


email This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone (212) 991-8960
phoneToll Free (888) 289-7982