LABOR AND EMPLOYMENT

REPRESENTATIVE CASES

• Reversed decision of District Court in NDNY and granted attorneys’ fees award to successful plaintiff. Hines v. City of Albany, 862 F.3d 215 (2nd Cir. 2017). [Phillip G. Steck]
• In class action for violation of overtime provisions of the Fair Labor Standards Act, class conditionally certified. Boice v. M&W U.S. , Inc., 2016 U.S. Dist. LEXIS 132071 (NDNY 2016). [Carlo A.C. de Oliveira]
• Successful appeal in which Merit Systems Protection Board found Navy violated employee’s FMLA rights, reinstated him, awarded back pay, and ordered a further hearing on his request for attorneys’ fees, which was ultimately granted. Kone v. Department of the Navy, MSPB, PH-0752-13-0217-I-3, PH-0752-13-0413-I-2(2015).
• Obtained summary judgment in favor of a school teacher and against her employer for interfering with her Family and Medical Leave rights when it failed to give her notice that her seniority would be affected by the time she spent on unpaid FMLA leave. deOliveira v. Cairo Durham Central School District, Case No. 1:11-cv-0393 (N.D.N.Y., March 30, 2017).
• Obtained injunction under FMLA to stop disciplinary proceeding against teacher. Stagliano v. Herkimer Cent. Sch. Dist., 151 F. Supp. 3d 264 (NDNY 2015) [Phillip G. Steck]
• Successfully represented veteran in disciplinary action based on absences protected under the Family and Medical Leave Act (2014). [Carlo A.C. de Oliveira]
• Successfully represented nurse in action filed against her employer alleging that her employment termination violated her rights under the Family and Medical Leave Act. Butler v. Rome Ctr., LLC, 2015 U.S. Dist. LEXIS 137259 (N.D.N.Y Oct. 8, 2015). [Carlo A.C. de Oliveira]
• Successfully represented employee in breach of contract and retaliation action against employer in the City Court of Mechanicville, New York. [Carlo A.C. de Oliveira]
• Successfully prosecuted case for teacher’s aide fired for union activity. Bennett v. Lucier, 2010 U.S. Dist LEXIS 130308 (N.D.N.Y. 2010). [Phillip G. Steck]
• Unsuccessful appeal of claim for unpaid wages against shareholders of Delaware corporation. The decision was subsequently reversed by the New York State Legislature which amended law to make clear that shareholders of a foreign corporation were liable. Stuto v. Kerber, 18 N.Y.3d 909 (2012) – [Phillip G. Steck]
• Successfully defended against application for injunctive relief against salesperson in non-compete context. Barton Mines Co., L.L.C. v. Miller, 2014 U.S. Dist. LEXIS 125611 (NDNY 2014) – [Phillip G. Steck]
• Successful appeal in the United States Court of Appeals for the Second Circuit in FMLA claim by teacher. De Oliveira v. Cairo-Durham Cent. Sch. Dist., 634 Fed. Appx. 320 (2nd Cir. 2016) – [Phillip G. Steck, Carlo A.C. de Oliveira]