Our litigation team represents clients across a wide range of disputes, including contract issues, business conflicts, and more. We provide strategic advocacy, guiding clients through each stage of the litigation process.
Levin-Epstein & Associates, P.C. has helped employers across a range of industries understand their obligations and reduce their exposure to legal action by employees that has the potential to damage their business. We have deep experience successfully defending our clients' interests and protecting their rights.
The federal Fair Labor Standards Act of 1938 (FLSA) set nationwide standards for employment in both the public and private sectors; established the federal minimum wage; codified the concept of overtime pay; and required employers to keep accurate records on wages, hours and other employment matters. Additional statutes adopted subsequently over the years by states and localities, as well as by the federal government, have expanded the protections afforded to workers by the original FLSA – creating a complex environment for business owners
The legal framework governing the employer-employee relationship is particularly complicated for businesses that have part time employees who work irregular schedules, have workers whose duties could be interpreted as including managerial responsibilities, or whose workers customarily and regularly receive tips or gratuities such as those in the restaurant and hospitality industries.
Properly classifying employees who are exempt and thus not eligible for overtime pay and accurately determining for which employees a business may claim a tip credit against their minimum hourly wage are complicated issues with significant downside risks for businesses that may, however inadvertently, not comply with the letter of the law.
Levin-Epstein & Associates, P.C. has extensive experience helping employers protect their business by ensuring that they take prudent steps when on-boarding new employees that will avoid potentially costly lawsuits including:
Class Action Waivers: Requiring this waiver as part of the onboarding process for new employees limits the employer’s exposure to FLSA wage and hour claims as such a Waiver requires each employee to prove the merits of their own claims. The legal costs that the individual employee would incur can be a formidable barrier to their bringing suit at all.
Mediation and Arbitration Requirements: Requiring employees to use these alternative dispute resolution forums to settle claims have two important benefits to employers – lower costs and confidentiality.
Our attorneys have the legal acumen and business experience to sort through and solve even the most complex employee relations questions, reducing the risk to which you and your business could be exposed.
If you have a questions or concerns about employment law, let our attorneys answer those questions and help you maintain a productive and responsible relationship with your employees.
Our firm has a proven track record of success in general litigation, resolving complex disputes across various industries. The cases featured here reflect our dedication to strategic advocacy and delivering the best outcomes for our clients. Click the link for more details.
Victory Achieved: Default Judgment Secured in Complex Conversion Case
Our firm secured a nearly $1 million default judgment in New York’s Supreme Court under CPLR § 3215. The defendant’s repeated delays—missed conferences and cycling through multiple attorneys—were firmly rejected by the Court. This outcome reflects our unwavering dedication to achieving results against even the most obstructive tactics.
1:23-cv-04880-JPO - Sept 20, 2024
Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of Chinese investors, who are class Plaintiffs, that placed their investment funds of $48.4 million ($550,000 from each Plaintiff) into escrow accounts with TD Bank. The Court denied the TD Bank’s Motion to Dismiss.
23-cv-00111-JLR-GS - January 5, 2024
Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision in a Fair Labor Standards Act case. The Court found favorably for our plaintiff in its denial of the defendants’ motion to dismiss.
2023-1019 Decision and Order
The Supreme Court of the State of New York sustained our client’s claim for conversion of investment capital as against an individual defendant in a joint venture.
22cv07332-AT - June 6, 2023
The firm obtained a favorable Court order authorizing alternative means of service by Whatsapp pursuant to Federal Rule of Civil Procedure 4(e).
ADA Compliance Notable Case 11
Levin-Epstein & Associates, P.C. obtained a complete voluntarily dismissal of all claims against our client after the United States District Court for the Southern District of New York issued an order to show cause for lack of standing.
Judgment Enforcement Case Five
The firm obtained vacatur of a default in the United States District Court for the Eastern District of Michigan based on the imperfection of service of process where the Plaintiff served state court summons rather than federal court summons following removal from state court to federal court.
ADA Compliance Notable Case 10
Levin-Epstein & Associates, P.C. recently obtained a favorable decision by the Honorable Judge George B. Daniels of the United States District Court for the Southern District of New York adopting a report and recommendation granting summary judgment of all federal claims under the Americans with Disabilities Act of 1990, 42 U.S.C. § et seq. in favor of our management-side clients.
ADA Compliance Notable Case 9
Levin-Epstein & Associates, P.C. recently obtained a favorable decision by the Honorable Judge George B. Daniels of the United States District Court for the Southern District of New York adopting a report and recommendation for sanctions against an attorney for deposition misconduct in a case brought under the Americans with Disabilities Act.
20cv8228 - May 9, 2022
The firm obtained a consensual judgment in favor of our client, a publicly traded company, following two years of litigation when the Honorable Senior Judge Jed Rakoff denied our adversaries’ motion to dismiss fraud and veil piercing claims against the individual owner of a company that contracted with our client.
ADA Compliance Notable Case 8
Levin-Epstein & Associates, P.C. obtained a report and recommendation for the dismissal on summary judgment of all federal claims under the Americans with Disabilities Act of 1990, 42 U.S.C. § et seq. against our management-side clients.
ADA Compliance Notable Case 3
Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision in an ADA case issued by the United States Court of Appeals for the Second Circuit. The Second Circuit agreed with the District Court that plaintiff failed to allege a concrete injury in fact and therefore lacked standing to assert a claim under the ADA.
Case Seven
Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision in a Fair Labor Standards Act case. The Court found favorably for our management-side defendant clients in the denial of the plaintiff’s motion for leave.
Case Six
Levin-Epstein & Associates, P.C. recently obtained a preliminary injunction in federal court on behalf of a group of plaintiffs in a Fair Labor Standards Act case where a plaintiff had been assaulted in connection with the lawsuit.
ADA Compliance Notable Case 2
Levin-Epstein & Associates, P.C. has recently obtained a favorable opinion on a ADA compliance case.
Case Four
The firm obtained dismissal of two fraudulent conveyance actions in the United States District Court for the Eastern District of New York, which were filed in connection with an underlying Fair Labor Standards Act case.
ADA Compliance Notable Case 1
Levin-Epstein & Associates, P.C. recently obtained sanctions against an attorney for deposition misconduct. The instant case is relevant for civil procedure and litigation under the Americans with Disabilities Act (the “ADA”).
Case Three
The firm obtained a favorable decision in a special proceeding seeking enforcement of a multi-million dollar judgment. The Court sustained each and every cause of action in our petition made pursuant to NY DCL §§273, 274, 275, and 278.
Case Five
After two years of litigation, the firm obtained a complete dismissal with prejudice against our client who has been sued under the Fair Labor Standards Act. The United States District Court for the Southern District of New York dismissed the case for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).
Case Two
The firm obtained a favorable decision against a national bank as the Honorable Justice Joseph Risi of the Supreme Court of the State of New York, Queens County, denied the defendant-bank’s motion to dismiss our client’s cause of action for conversion for the bank’s acceptance for deposit a check bearing a forged endorsement and making payment on same. Under New York’s UCC § 3-419, a bank is strictly liable for conversion when it pays on a forged endorsement subject to certain defenses it may raise.
Case Two
The New York Law Journal reported on a recent favorable decision the firm obtained in a judgment enforcement proceeding.
Case Four
Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of our clients, issued by the Honorable Justice Denise L. Cote of the of the United States District Court for the Southern District of New York. Following a bench-trial, the plaintiff’s attorney in an FLSA action filed an application for attorneys’ fees pursuant to the FLSA attorney-fee shifting provision. We successfully opposed the application as the Court awarded only two hours of recoverable attorneys’ time — $800 — for a case that went to trial.
Case Three
Levin-Epstein & Associates, P.C. won a bench trial before the Honorable Justice Denise L. Cote of the of the United States District Court for the Southern District of New York in an FLSA case. This case is highly significant for two reasons. First, the Court did not award attorneys’ fees to the plaintiff’s attorney because the total amount of unpaid wages aggregated only $92.50. Second, this case is the first federal court to hold, that the Court is not statutorily constrained to award damages for a violation of the record keeping requirement for a “notice” violation under NYLL § 195(1)(a) because NYLL §198(1)(1-b), which controls the remedy for a violation of NYLL § 195 (effective December 29, 2014), by its very terms, does not mandate the imposition of damages. Thus, this case has precedential effect.
Case Two
Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of our clients, issued by the Honorable Magistrate Steven Gold of the United States District Court for the Eastern District of New York. In an unusual procedural posture, our clients, defendants in an FLSA action, filed a motion to approval a settlement agreement, over the objection of the plaintiffs, under controlling Second Circuit precedent that requires that stipulated dismissals settling FLSA claims with prejudice require the approval of the District Court.
Case One
The firm successfully defended a corporate defendant and its principals against allegations of, inter alia, unpaid severance pay and wrongful termination in an action filed in the Supreme Court of the State of New York, County of New York. The firm secured a favorable and speedy resolution for the client by dismissing the action in the pre-pleading stage.
Case One
The firm obtained an affirmative recovery in the amount of over $1M for a creditor in an adversary proceeding in the United States Bankruptcy Court for the District of Delaware.
Case One
The firm obtained the vacatur of a default judgment in the amount of $1.2M entered in the United States District Court for the Southern District of Florida. Federal Courts in Florida are a notoriously difficult venue to reopen a judgment; fewer than 1% of cases are successful in getting a default judgment vacated where sufficiency of service was not challenged.
Case One
The firm obtained a favorable decision for corporate defendants on a motion for conditional certification of a collective action in the United States District Court for the Southern District of New York. This case stands as one of the few cases where a Federal Court has denied a motion for collective certification in a so-called "FLSA/Wage-and-Hour" case.
Case One
On a motion to vacate an arbitral award before the United States District Court for the Southern District of New York, the firm successfully defended its trial-victory for a wrongfully terminated executive in a breach of contract case. The New York Law Journal included the decision of the federal court upholding the trial court's decision in its "Decision of Interest" column.
Case One
The firm successfully defended a national solar powered LED lighting systems company in a federal action filed in the United States District Court for the District of New Jersey, involving allegations of, inter alia, (i) misappropriation of trade secrets; (ii) tortious interference with contract; and (iii) fraudulent conveyance filed by a disgruntled former partner, securing a pleadings-stage dismissal, with prejudice. Following briefing on our motion to dismiss the lawsuit, the case settled for nuisance value.
Case One
Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of our clients, issued by the Honorable Justice Arlene P. Bluth in Hongying Zhao, et al. v. Ardent Financial Fund, et. al. (Index No. 157066/2017). The Court granted our clients Motion to Dismiss in its entirety, with prejudice, and with costs awarded. Plaintiffs brought the following three (3) causes of action: (1) constructive trust, (2) money had and received, and (3) unjust enrichment.
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