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Our firm has a proven history of success in labor and employment disputes, achieving favorable outcomes for clients dealing with workplace challenges. From discrimination and wrongful termination cases to fair wage disputes, we are committed to protecting employee rights and securing just resolutions. Below are a few of our recent case wins — click the link for more details.
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.
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 Eight
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 Seven
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.
Case Two
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 Six
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 Three
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 Four
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 Five
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 Nine
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.
Attorney Advertising. Prior results do not guarantee a similar outcome.
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