Attorney John-Raphael Pichardo's Legal Cases

Employment and labor

Matter of the Petition of Jocelyn Wildenstein, PR15-269

May 12, 2016

OUTCOME: Our favor

Civil penalty in unpaid wages and supplemental wage orders revoked; orders otherwise affirmed. Penalty order affirmed. Petitioner failed to meet burden of proof to show she was not employer where claim ... ant provided unrebutted, detailed, credible testimony regarding work for petitioner as her personal assistant, manner in which she entered work site, conditions of employment and how she was hired and supervised; petitioner' evidence, consisting principally of testimony by property manager, too speculative and inconsistent. Respondent's estimation of wages owed reasonable after claimant's detailed and credible testimony regarding hours worked and amounts petitioner failed to pay, and after petitioner offered no proof to contrary. Civil penalty in unpaid wages and supplemental wage orders revoked when it could not be shown at hearing how respondent assessed those penalties. http://industrialappeals.ny.gov/decisions/pdf/pr%2015-269.pdf

Employment and labor

Matter of the Petition of Rong H. Zhen & Rong Trading Corp.,

Apr 28, 2016

OUTCOME: Our Favor

Minimum wage order modified against petitioners, reducing wages owed, with interest, liquidated damages and penalty reduced proportionally; penalty order affirmed; petition dismissed. Claimant's testim ... ony detailed, specific, and unrebutted; petitioners failed to establish by credible evidence that they did not employ him before date Rong Trading Corp. incorporated. Petitioner Zheng did not testify and petitioners submitted no evidence other than DOS report indicating Rong Trading Corp. was registered as active corporation in October 2011. Report not proof petitioner did not employ claimant prior as individual employer; report merely evidence of incorporation date. Petitioner Zheng "boss" and at company warehouse every day. Petitioner handled money, assigned duties, supervised work, set rate of pay, and petitioner or his wife paid claimant. Claimant described warehouse operations, hours of work and duties in detail, which included opening and closing warehouse, loading and unloading trucks, storing merchandise, cleaning building, and assisting drivers with deliveries. After disabling injury at work, claimant terminated. Minimum wage order affirmed, but modified as to wage amount owed. In absence of accurate records, respondent may draw reasonable inferences and calculate unpaid wages based on best available evidence drawn from employee statements or other evidence, even if results approximate. Petitioners failed to overcome approximation with sufficient and reliable evidence establishing precise hours worked, and that claimant paid, or with other credible and reliable evidence showing respondent's determination unreasonable. As claimant acknowledged last day of work December 31, 2012, Board modified wages owed. http://industrialappeals.ny.gov/decisions/pdf/pr-15-390.pdf

John-Raphael Pichardo's Legal Cases (2)

Matter of the Petition of Jocelyn Wildenstein, PR15-269

Matter of the Petition of Rong H. Zhen & Rong Trading Corp.,