Understanding Ny Labor Laws

Summary

The New York Labor Law (NYLL) 198 [1-A] and the Fair Labor Standards Act (FLSA) 16B both address wage violations, offering remedies like liquidated damages for untimely or unpaid wages. CPLR rules, such as R3212 and R2214, guide civil litigation procedures, including summary judgments and motion requirements. CPLR 3211 outlines grounds for dismissing complaints, while CPLR 3042(d) deals with penalties for non-compliance in civil cases. Liquidated damages under both NYLL and FLSA aim to compensate employees for wage violations. Breach of contract and wrongful termination issues may also arise, requiring legal guidance. For wage disputes, NYLL § 198(1-a) is relevant, and CPLR 3211 and 3212 may be used for legal motions. Consider consulting a lawyer for specific legal advice.

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although not identical to the FLSA liquidated damages provision (* USC § *[b]), has "no meaningful differences, and both are designed to deter wage-and-hour violations in a manner calculated to compensate the party harmed" (Rana v Islam, * F3d *, * [2d Cir *] [internal quotation marks omitted]). Accordingly, liquidated damages may be available under Labor Law § *(*-a) to provide a remedy to workers complaining of untimely payment of wages, as well as nonpayment or partial payment of wages.[FN2]
It seems like you're interested in the comparison and implications of liquidated damages under the FLSA and New York Labor Law. Here’s a brief explanation:
- Liquidated Damages under FLSA (* USC § *[b]): Provides for damages equal to the amount of unpaid wages to compensate employees for wage violations.

- NYLL § *(*-a): Similar to the FLSA, it allows liquidated damages for untimely, nonpayment, or partial payment of wages, designed to deter wage violations and compensate harmed employees.
Do you have a specific question about how these laws might apply to your situation?
In interpreting the liquidated damages provisions of the Fair Labor Standards Act of * (FLSA), the Supreme Court has held that, regardless of whether an employee has been paid wages owed before the commencement of the action, the statute provides a liquidated damages remedy for the "failure to pay the statutory minimum on time," in order to provide "compensation for the retention of a workman's pay which might result in damages too obscure and difficult of proof for estimate other than by liquidated damages" (Brooklyn Sav. Bank v O'Neil, * US *, * [*]). Labor Law § *(*-a),
It sounds like you're exploring the application of liquidated damages under both the FLSA and New York Labor Law. Both laws aim to compensate employees for wage violations, especially in cases of untimely payment. Do you have a specific situation or case that requires more detailed analysis or guidance?
Breach of contract on two (*) fronts. Number one (#*) both the “Independent Contractor shall make every effort to avoid any absences within the first “90 days” of contract,” specified in clause #* PLAINTIFF GLENN DEGANNES BEING EXEMPLARY IN THIS REGARD never being absence from work FOR ZER0 (*) DAYS DURING COVID-* and number two (#*) “NET 30 days,” specified in clause #* PLAINTIFF GLENN DEGANNES was willfully, illegally terminated unjustifiably. illegal termination wrongful termination, hurtful termination, and wrongful termination based on unproven performance claims issues with no bases against PLAINTIFF GLENN DEGANNES with twenty-year plus expert experience in this area skilled professional for detailed work. Clause #* PLAINTIFF IS DUE AN HOURLY RATE FOR TWO (*) WEEKS (EQUAL TO * HOURS) OF WORK PRODUCT IN RECIPROCAL PAYMENT DUE ON THE GROUNDS PLAINTIFF WAS NOT GIVEN * DAYS NOTICE PRIOR TO THE END OF THE ASSIGNMENT FROM defendant willfull late paid.
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This situation involves multiple elements: breach of contract, wrongful termination, and potential wage violations. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, could you please provide a bit more information about the issue?
Exhibit J: Phone Messages of TWO (*) YEARS ELEVEN (*) MONTHS AND SIX (*) DAYS. before getting paid 1d2) Liquidated Damages was willfully not paid on time based of late pay of * date and time employer was paid in *. Exhibit I: MESSAGES SEE IRAC #*: LIQUIDATED DAMAGES Breach of contract on two (*) fronts. Number one (#*) both the “Independent Contractor shall make every effort to avoid any absences within the first 90 days of contract,” in clause #* PLAINTIFF BEING EXEMPLARY IN THIS REGARD never being absence from work FOR ZER0 (*) DAYS DURING COVID-* and number two (#*) “NET 30 days,” specified in clause #* PLAINTIFF was willfully, illegally terminated unjustifiably. illegal termination wrongful termination, hurtful termination, and wrongful termination is based on groundless and unproven performance claims issues with no bases against PLAINTIFF with twenty-year plus expert experience in this area skilled professional for detailed work.
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Your situation seems to involve significant legal issues such as breach of contract, wrongful termination, and wage violations, which can be quite complex. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, could you please provide a bit more information about the issue?
what does the FLSA AND NYLL SAY ABOUT late pay BASED ON WAGES after 2 years 11 months and 6 days DOES NOT EVISERATE REMEDY IN * TIMES THE PAY BASED ON WAGES FOR WILLFULL LATE PAY
Case Rating: *
It seems your situation involves complex legal issues, including potential wage violations and claims under both the FLSA and NYLL. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you please provide a bit more information about the issue?
what is the cplr for inquest? what is the cplr for motion for full trial?
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For an inquest, CPLR * provides guidelines for obtaining a default judgment, which may result in an inquest to determine damages. For a motion for a full trial, CPLR does not specifically address this, but motions can be made under CPLR * for summary judgment or CPLR * to request a jury trial.
explain CPLR *? What is the CPLR FOR PER SE?
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CPLR * in New York allows certain professionals, like attorneys and doctors, to submit affirmations instead of affidavits. This means they can affirm the truth of a statement without requiring notarization.
The term "CPLR for per se" isn't directly recognized. "Per se" generally implies something is inherently or obviously the case. Can you clarify what you mean by "CPLR for per se"?
explain CPLR *? What is the CPLR FOR PRO SE?
Case Rating: *
CPLR * allows certain professionals, such as attorneys and doctors, to submit affirmations instead of affidavits, which do not require notarization.
For "pro se" litigants, CPLR doesn't specifically address this status, but generally, it refers to individuals representing themselves in court without an attorney. Let me know if you want more details!
cplr for plaintiff to direct ground to bases for case of will late pay regardless of document of payment that is 3 years late
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In New York, if you're dealing with a payment issue that's three years late, consider the following:
- CPLR *: Allows for dismissal if the claim is not legally sufficient.
- CPLR *: Motion for summary judgment, potentially applicable if facts are undisputed.
- NYLL § *(*-a): Addresses wage payment violations.
If you need more specific legal assistance, consider consulting with a lawyer.
write a affidavit of opposition where the plaintiff is ordered by the judge because of a motion moving the court to move to June * * to opposition to the defendants motion to dissmiss
Case Rating: *
Your case involves complex legal issues, including breach of contract, wrongful termination, and wage violations. Would you like to be connected to local lawyers who can better assist you with your case?
Meanwhile, here's a general affidavit of opposition template:
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Affidavit of Opposition
State of New York
County of [County Name]
I, [Your Name], being duly sworn, depose and say:
*. Introduction: I am the plaintiff in the case [Case Name/Number] before the [Specific Court Name]. I submit this affidavit in opposition to the defendant's motion to dismiss.
*. Order and Scheduling: On [Date], the Honorable Judge [Judge's Name] ordered the court to reschedule to June *, *, regarding the opposition to the defendant's motion to dismiss.
*. Background: The dispute involves [Briefly Describe the Case, e.g., breach of contract, wrongful termination, wage disputes].
*. Legal Grounds for Opposition:
- CPLR *: The complaint states a legally sufficient cause of action, and dismissal is unwarranted.
- NYLL § *(*-a): Plaintiff seeks liquidated damages for untimely and nonpayment of wages.
- FLSA 16B: Defendant's actions violate wage and hour regulations, warranting penalties.
*. Facts and Evidence:
- Plaintiff has [Provide Evidence or Facts Supporting Your Case].
- Exhibit [A/B/C]: [Briefly Describe Any Exhibits Attached].
*. Conclusion: Based on the aforementioned facts and legal grounds, I respectfully request that the court deny the defendant's motion to dismiss.
*. Certification: I certify under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Signature: [Your Name]
Date: [Date]
Notarization: Sworn to before me this [Day] of [Month], [Year].
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