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Wage Claims under Labor Law: Executives Need Not Apply
Wage claims under Section 191 of the Labor Law are a handy gadget in a plaintiff's toolbox. Such statutory claims provide not merely for recovery of lost wages but also liquidated damages equal to 25% of the total wages due as well as attorneys' fees and costs.
Section 191, however, has an Achilles heel, and that is its application to supervisors and executives or, better put, its inapplicability to them. Although no express exclusion appears in the statute, courts have divided over the definition of “employee” and whether it includes executives. Some courts have interpreted the definition broadly to include them. See, e.g., Daley v. The Related Cos., 179 A.D.2d 55 (1st Dep't 1992); Cohen v. Stephen Wise Free Synagogue, 1996 WL 159096 (S.D.N.Y. 1996). In contrast, the New York Court of Appeals applied the Labor Law only to non-supervisory personnel in the leading case Gottlieb v. Laub & Co., 82 N.Y.2d 457 (1993). A number of other courts have followed suit. See, e.g., Taylor v. Blaylock & Partners, 240 A.D.2d 289, 292 (1st Dep't 1997).
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.