Legal Proceedings

Catholic Migration Services provides free legal advice and representation to help workers learn and enforce their workplace rights.  Many workplace disputes can be resolved without the need for formal legal proceedings, but when formal proceedings become necessary, we represent workers in state and federal courts, as well as in government investigations.  Our attorneys represent workers in proceedings at the New York State Department of Labor, the New York State Division of Human Rights, the New York City Commission on Human Rights, the New York City Department of Consumer and Worker Protection, the U.S. Department of Labor, the National Labor Relations Board and other government agencies.

Current Litigation

Some examples of cases that the Catholic Migration Services Employment Unit is currently litigating:

Armenta, et al. v. Singapore Grill NY Inc. d/b/a Malaysia Grill and Jimmy Yeo a/k/a Hoon Chye Yeo

Catholic Migration Services represents two employees of this Upper West Side restaurant in a case filed in the U.S. District Court for the Southern District of New York.  The workers performed a variety of functions at the restaurant and worked long hours for wages that fell as low as $3.33 per hour, in violation of state and federal minimum wage and overtime laws. 

  • Read the Complaint here.

Vazquez, et al. v. 142 Knickerbocker Enterprise Corp. d/b/a Wow Car Wash, et al.

Catholic Migration Services, together with co-counsel Main Street Legal Services (affiliated with CUNY School of Law), represents four former employees of a Brooklyn car wash.  The complaint alleges, among other things, that the car wash violated federal and state minimum wage, overtime and spread of hours laws, as well as the unlawful retention of the employees’ gratuities. The Plaintiffs won a motion for partial summary judgment against the car wash and are awaiting the Court’s decision on the remainder of the issues, following a four-day bench trial in the U.S. District Court for the Eastern District of New York in October and November 2022.

Perez, et al. V. Standup 236 LLC d/b/a STAND UP NY, Dani Zoldan and Gabriel Waldman

Catholic Migration Services, together with co-counsel Fisher Taubenfeld LLP, represents two former employees of Standup NY, a comedy club located on the Upper West Side of Manhattan. The Complaint, filed in the U.S. District Court for the Southern District of New York, alleges violations of state and federal minimum wage and overtime laws, as well as illegal deductions from wages, resulting in over $300,000 in damages.

Recent Litigation Results

Four Construction Workers Win Unpaid Wages Under New York’s New “General Contractor Liability Law”

Catholic Migration Services filed suit in May 2023 in the New York City Civil Court, Kings County, on behalf of four workers who were each unpaid for between two and six weeks of construction work. Although they were directly employed by a subcontractor at the construction site, we were able to hold the general contractor liable under New York’s new “general contractor liability law” ( NYLL § 198-e). The case was resolved through a settlement pursuant to which our clients received all of their due wages plus an additional 40% for penalties and interest. 

Twenty-Five Factory Workers Win $350,000 Settlement at National Labor Relations Board

Catholic Migration Services won $350,000 in back pay for twenty-five workers who were terminated from a Brooklyn factory early in the COVID pandemic when they complained about being forced to work in unsafe conditions without protective gear. The National Labor Relations Board determined that the factory had violated the workers’ rights, and the case was ultimately resolved through a settlement to compensate the workers for their lost wages.

Five Restaurant Workers Win $215,000 Settlement for Wage Violations

Catholic Migration Services, together with co-counsel from the law firm of WilmerHale, represented five Delivery Workers from a chain of Manhattan Chinese restaurants in a case brought in the U.S. District Court for the Southern District of New York. Our clients typically worked six days per week, twelve hours per day, but had received monthly salaries that had equated to hourly wages of between $3.20 and $6.52 per hour. The case was resolved through a court-approved settlement of $215,000.

Two Foodservice Employees Win $190,000 Settlement for Wage Violations

 In an action before the U.S. District Court for the Eastern District of New York, Catholic Migration Services and Kakalec Law PLLC represented two workers who were drastically underpaid for many years while employed at a foodservice business in Brooklyn. Our clients typically worked up to 72 hours each week but did not receive minimum wage or overtime pay. The $190,000 court-approved settlement compensated our clients for their full underpayments plus additional penalties.

Two Restaurant Workers Win $320,000 Settlement for Wage Violations

Catholic Migration Services, together with the Law Office of Robert D. McCreanor PLLC, won a court-approved settlement of $320,000 for two former employees of an Upper West Side Manhattan Indian restaurant. The workers suffered severe wage and hour violations, typically working as much as 70-80+ hours per week for wages of as low as $3.35 per hour.

Laundromat Worker Recovers $55,000 for Minimum Wage and Overtime Violations

Catholic Migration Services won a $55,000 settlement on behalf of a laundromat worker who was unlawfully paid a salary that fell below minimum wage and failed to include required overtime premiums. The settlement was approved by the U.S. District Court for the Eastern District of New York.

Seven Construction Workers Win Judgment Against General Contractor Under New York’s New Construction Liability Statute

Catholic Migration Services won a judgment for more than $33,000 on behalf of seven construction workers who were not paid any wages for two weeks of work. The suit, brought in the Supreme Court of New York, Westchester County, successfully held the general contractor liable for the wages owed by its subcontractor under New York’s recently enacted “general contractor liability law” (N.Y. Labor Law § 198-e) providing that general contractors have liability when their subcontractors fail to pay wages.

Five Former Employees of Japanese Restaurant Win Judgment For More Than $700,000

Catholic Migration Services obtained a judgment for more than $700,000 in the U.S. District Court for the Southern District of New York for five former employees of a Manhattan restaurant for egregious minimum wage and overtime violations.