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Recent Victories and News
CHAIN RESTAURANT VIOLATES MINIMUM WAGE / TIP SHARE RULES, ACCORDING TO COMPLAINT
Along with Lou Pechman, Esq. of Berke-Weiss & Pechman, Raymond Nardo filed a collective and class action against several chain restaurants in New York State. The complaint alleges, among other things, that the restaurants unlawfully paid its waitresses below the minimum wage because it compelled waitresses to tip out the kitchen staff. In New York, it is unlawful for wait staff to share tips with owners, managers, or kitchen staff. It is also unlawful, under certain conditions, for wait staff to be compelled to pay for their uniforms.
$400,000+ AWARD FOR HARASSMENT AND RETALIATION AFTER FOUR WEEK JURY TRIAL
GH worked for a financial institution. She complained about sexual harassment by her then-supervisor. She then experienced retaliation which culminated in her constructive termination. She filed a charge of discrimination at the EEOC. After a finding of “no probable cause,” Mr. Nardo filed a complaint in Federal Court on her behalf. The case was ultimately tried to a jury, over a course of several weeks. On June 6, 2006, the jury returned a verdict for the plaintiff on her retaliation claim. After post-trial motions, the award exceeded $400,000, including pre-judgment interest and counsel fees.
FEDERAL QUI TAM WHISTLEBLOWER CASE SETTLES FOR MORE THAN $4 MILLION
Mr. Nardo represented four employees who brought a qui tam whistleblower case against a major defense contractor. The case was settled on August 18, 2008, for an amount in excess of $4 million.
NEW YORK STATE DIVISION OF HUMAN RIGHTS ADMINISTRATIVE LAW JUDGE AWARDS MORE THAN $40,000 AGAINST DANIEL MARRERO AND HANDY PANTRY FRANCHISES IN SUFFOLK COUNTY
On September 19, 2011, the Commissioner of the New York State Division of Human Rights adopted an award against Daniel Marrero and two Handy Pantry Franchises in Suffolk County. The Commission awarded Complainant $27,359 in backpay and $15,000 in compensatory damages because she was “unlawfully discriminated against . . . on the basis of sex, race, color and national origin by subjecting her to a hostile work environment.” The Commissioner found “Daniel Marrero and other co-workers subjected Complainant to an offensive, sexually charged work environment that was degrading to women.” The workplace included “degrading, sexually explicit drawings [which] depicted male genitalia, sexual acts, and vulgar expressions. Respondent Daniel Marrero . . . also spoke openly about his sex life at work, made sexually explicit comments about women in Complainant’s presence, and showed pornographic videos to Complainant on his cell phone.” The Complainant was represented by Raymond Nardo, Esq.
POST OFFICE’S FAILURE TO PROMOTE IS RULED DISCRIMINATORY
ST worked at the United States Post Office and was denied a promotion. He retained Raymond Nardo to litigate his case before an Administrative Law Judge at the EEOC. After discovery and a two day hearing, the ALJ ruled, on November 23, 3009, that ST was discriminated against because the USPO hired a lesser qualified female for the position. He reinstated ST to the position, retroactively, with backpay, and the USPO paid counsel fees to Attorney Nardo.
NEW YORK STATE DIVISION OF HUMAN RIGHTS AWARDS DAMAGES FOR RACE DISCRIMINATION
QR retained Raymond Nardo to litigate his claim of race discrimination. After a hearing held at the New York State Division of Human Rights, the Commissioner, by decision dated September 14, 2009, awarded Complainant $15,000 in compensatory damages for respondent’s racially discriminatory hostile work environment.
FEDERAL COURT JUDGE REINSTATES LONG-TERM DISABILITY AWARD AND AWARDS COUNSEL FEES
In 2008, OP retained Raymond Nardo because her long-term disability carrier ceased paying her long term disability benefit in 2005. Mr. Nardo filed an action in United States Federal Court for the Southern District of New York claiming that the insurance company arbitrarily and capriciously terminated OP’s long term disability benefit. Despite the difficult burden involved, the case proceeded to discovery and both sides moved for summary judgment. By decision dated November 18, 2009, Judge Sidney H. Stein granted OP’s motion for summary judgment and restored OP’s benefit, retroactive to 2005. The defendant paid counsel fees to Attorney Nardo.
NEW YORK STATE DIVISION OF HUMAN RIGHTS AWARDS NEARLY $85,000 FOR PREGNANCY DISABILITY DISCRIMINATION
MN was employed by a prominent law firm in New York. She had prior experience as a legal secretary. She performed her work in a satisfactory fashion and received a bonus at the Company’s Christmas party. However, when MN told her supervisors that she could no longer travel to attend IME’s because she was pregnant, and her pregnancy was high risk because she had diabetes, she was told to look for employment elsewhere. The next month, MN called in sick to work due to recurrent bronchitis; she was fired the next day. She later was prescribed medication due to the anxiety and distress she suffered.
On April 8, 2008, the Administrative Law Judge for the New York State Division of Human Rights awarded backpay in the amount of $28,542, COBRA expenses in the amount of $6,000, and compensatory damages in the amount of $50,000 for a total award of $84,542.
Read: Notice and Final Order (pdf)
EEOC ADMINISTRATIVE JUDGE GRANTS DAMAGES FOR FAILURE TO PROMOTE AT OSHA
AB consulted with Mr. Nardo after he was denied a promotion by his employer, a Federal Agency. After a process of discovery, the case was tried before an Administrative Judge (AJ) for the Equal Employment Opportunity Commission. During trial, witnesses were examined and cross-examined by both sides. On July 15, 2004, the AJ ruled in favor of AB. The AJ granted AB his promotion with retroactive backpay and compensatory damages for his pain and suffering. He also awarded counsel fees to Mr. Nardo for his successful advocacy and representation.
PREGNANCY DISCRIMINATION AWARD AT NEW YORK STATE DIVISION OF HUMAN RIGHTS
KL worked for a dentist for less than one year. She was terminated approximately 10 days after she advised her employer that she was pregnant. She filed a charge of discrimination at the New York State Division of Human Rights (NYSDHR), which issued “probable cause” and set the matter down for a hearing. After nearly a dozen witnesses were examined and cross-examined, on June 29, 2007, the NYSHDR on issued an award to KL totaling more than $100,000. The award was later reduced on appeal.
Read: Notice and Final Order (pdf)
EMPLOYER ORDERED TO PUT EMPLOYEE BACK TO WORK
IJ worked in a private school and had tenure. Despite this, she was terminated. The District claimed she had no tenure due to her position as a tenured teacher.
Mr. Nardo filed an Article 78 petition in the Supreme Court of the State of New York. On March 26, 2007, the Supreme Court Justice held that IJ should be reinstated. Today, she is back at work at the private school that unlawfully tried to terminate her.
LONG-TERM DISABILITY AWARD
CD was seriously injured. He collected long-term disability benefits for several years, and then was cut off. His employer’s Disability Committee claimed that CD was not “disabled” under the policy because he could perform “sedentary” work, despite his debilitating back injury. CD was compelled to arbitrate his claim for disability.
At arbitration, CD had to prove that the decision of the Disability Committee was “arbitrary and capricious” under the Employment Retirement Income Security Act - one of the highest standards of proof for an employee to meet. In 2004, The arbitrator heard the evidence from both parties and awarded full long term disability benefits to CD, both retroactively and prospectively.
EF was seriously injured and disabled. He collected long-term disability benefits and was cut off by his employer’s Disability Committee. He filed a complaint in Federal Court, and both sides moved for summary judgment. The District Court remanded the case back to The Disability Committee and awarded counsel fees to Raymond Nardo for his successful representation. The case ultimately settled.
