Fighting for American Workers

Types of Wage Theft



Christopher Marlborough

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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.”

Wednesday, 10 January 2018 06:32

Class Certified in Call-A-Head Lawsuit

On January 10, 2018, the Honorable Gregory H. Woods, United Stated District Court Judge for the Southern District of New York certified a class of Portable Toilet Service Technicians in a case against Call-A-Head Corporation and its President Charles W. Howard concerning the failure to pay proper overtime to the technicians. The case is styled Vargas v. Howard and Call-A-Head Corp.

In the Class Certification Order, the Marlborough Law Firm and the law firm of Slater, Slater Schulman were appointed Co-Lead Counsel for the certified class and five 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.”

Christopher Marlborough of the Marlborough Law Firm, P.C. recently appeared as a guest on WHPC’s weekly radio program Law You Should Know hosted by attorney and radio personality, Kenneth J. Landau, Esq. Chris spoke about ways workers can assert their rights in war on wage theft. The hour-long program will air in the Long Island, New York area on February 28, 2018 at 3 p.m. and be rebroadcast on Sunday March 4, 2018 at 7 a.m. on 90.3 FM.  

With respect to the program, Mr. Marlborough stated: "It was my pleasure and honor  to be  guest on Ken’s radio program. He was an excellent host and I hope the audience found the program informative and beneficial."

New York State Minimum Wage Increases

Minimum wage workers in New York will receive pay increase in 2018 in accordance with state law signed in 2016.   The minimum wage is based on the county in which the employees work and within New York City, whether the employer has more than ten employees, whether they work in the fast food industry and whether their employer takes a tip credit to the basic minimum wage. The following table summarizes the increases.

New York City – 11 Or More Employees

Effective Date

Non-Tipped

Tipped- Cash Wage

Fast Food

12/31/17

$13.00

$8.65

$13.50

12/31/18

$15.00

$10.00

$15.00

12/31/19

$15.00

$10.00

$15.00

12/31/20

$15.00

$10.00

$15.00

12/31/21

$15.00

$10.00

$15.00

 

New York City – 10 Or Fewer Employees

Effective Date

Non-Tipped

Tipped- Cash Wage

Fast Food

12/31/17

$12.00

$8.00

$13.50

12/31/18

$13.50

$9.00

$15.00

12/31/19

$15.00

$10.00

$15.00

12/31/20

$15.00

$10.00

$15.00

12/31/21

$15.00

$10.00

$15.00

 

Nassau, Westchester and Suffolk Counties

Effective Date

Non-Tipped

Tipped- Cash Wage

Fast Food

12/31/17

$11.00

$7.50

$11.75

12/31/18

$12.00

$8.00

$12.75

12/31/19

$13.00

$8.70

$13.75

12/31/20

$14.00

$9.35

$14.50

12/31/21

$15.00

$10.00

$15.00

 

Upstate New York

Effective Date

Non-Tipped

Tipped- Cash Wage

Fast Food

12/31/17

$10.40

$7.50

$11.75

12/31/18

$11.10

$7.50

$12.75

12/31/19

$11.80

$7.85

$13.75

12/31/20

$12.50

$8.35

$14.50

12/31/21

???

???

$15.00

 

New York State Paid Family Leave

Workers will be eligible for 12 weeks of paid family leave in 2018. The time may be used for caring for family members during a serious health condition or to support the worker’s family when a member is called to active military service. Workers must be employed for six months before being eligible to participate.

As with the minimum wage increase, New York is staggering the benefit increases, beginning with 50 percent of an employee’s average weekly wage, capped to 50 percent of the statewide average weekly wage. The average weekly wage will increase to 67 percent by 2021, with a 67 percent cap.

The program will be paid for by worker payroll deductions.

On October 10, 2017, Judge Robert W. Sweet, Federal District Court Judge for the Southern District of New York certified a class of non-exempt discount store workers in the Memon Doria discount store litigation.The action concerns Defendants' alleged failure to pay minimum wage and overtime to  a class of more than one hundred workers.

Plaintiffs have been represented by Christopher Marlborough and attorneys with Slater, Slater, Schulman, LLP. In the certification order, the Marlborough law Firm was appointed Co-Lead Class Counsel along with the Slater Firm.

Specifically, Judge Sweet noted, both firms “possess litigation experience representing unpaid workers in certified and conditionally certified class actions and prior representations and actions in this action demonstrate familiarity with the applicable law. Both firms are qualified to represent the proposed class.”

Mr. Marlborough said of the Court’s Order, I am pleased that the Court recognized that this case was appropriate for class status and my firm is honored to serve as co-lead class counsel. We look forward to proceeding in the case on behalf of all of defendants’ non-exempt workers who were deprived of minimum wage and overtime."

On September 29, 2017, New York's Appellate Division, 4th Judicial Department, issued its decision on the appeal of the class certification Order in the Buffalo Bills Cheerleaders class action lawsuit concerning the alleged nonpayment of wages to the cheerleaders.  The Appellate Court unanimously affirmed the lower court's decision.  A copy of the recent Appellate Court decision is linked below. 

The Fourth Department noted that Plaintiffs satisfied each of the requirements for class certification.  Moreover, the Court quoted from Judge Drury's prior decision noting that "Plaintiffs had pursued the action 'with fortitude' and that counsel had pursued the case 'vigorously' and we see no reason to disturb the court's determination in that regard." 

Christopher Marlborough, Principal Attorney of the  Marlboroough Law Firm, P.C. commented on the deicsion, "We are pleased with the unanimous decision of the 4th Department.  They made the right call.  Members of the Buiffalo Bills Cheerleaders were misclassified as independent contractors and deprived of wages according to the same  misclassification scheme.  The Bills Cheerleaders should be permitted to pursue their claims collectively. 

 

Christopher Marlborough, Principal Attorney of the Marlborough Law Firm, P.C., has been selected for the 2017 NYC Metro SuperLawyers’ list. This is the fifth 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 and 2016, 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 five 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.” 

THe Marlborough Law Firm is pleased to announce that Chris Marlborough was appointed Chair of the Nassau County Bar Association.  Chris responded enthusiastically to the appointment, saying "It is always an honor to be recognized by one's peers. I am particularly honored by this appointment, because the Committee includes some of the finest labor and employment attorneys in the country.  I appreciate the diversity of viewpoints expressed at the Committee meetings and look forward to contributing as Chair."  The two year-year term runs from the summer of 2016 to the Spring of 2018.  

Christopher Marlborough recently participated as a volunteer attorney in the Nassau County Bar Association open house program to respond to questions and provide legal referrals to local residents. The event was organized in cooperation with Nassau Suffolk Law Services and the Safe Center of Long Island.

The event was a huge success. As reported in the Nassau Lawyer journal, “dozens of volunteer attorneys met one-on-one with Nassau residents to provide guidance and referral on legal issues.”

Mr. Marlborough spoke to members of the community about their issues regarding labor and employment matters.

With respect to his experience, he stated: “It was my pleasure to participate in the Bar Association’s Open House program for the second consecutive year. I enjoyed interacting with members of the community. I thank the Bar Association for its commitment to this program and the residents of Nassau County.”

The Open House program is held twice per year. The next program is scheduled for Thursday, October 26, 2017 from 3 p.m. to 7 p.m at the Bar Association at 15 West Street in Mineola, New York.

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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


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