Category: News

In another major win for homecare workers, Gladstein, Reif & Meginniss, LLP, together with Buffalo-based firm Hayes Dolce LLP, obtained a complete reversal of a lower court decision at the Appellate Division, Fourth Department. As a result, plaintiffs’ claims that their employer, Community Care Companions, Inc., failed to pay required spread-of-hours and split-shift compensation, and failed to provide mandatory hiring notices, have been reinstated. The decision also advances the law for workers across New York State.

Significantly, the Fourth Department reinstated the workers’ claims under § 195(1) of the New York Labor Law (“NYLL”), which requires employers to provide employees with written wage notices at the time of hire, containing key information about their pay. The appellate court held that, contrary to a number of lower court decisions, where a state statute expressly grants standing, plaintiffs litigating a claim in state court need not allege actual injury to pursue their claims. This ruling will make it easier for workers throughout New York to vindicate their rights under § 195(1) in state court. As developments in the law surrounding federal constitutional standing doctrine have made it increasingly harder for workers to pursue § 195 claims in federal court, this decision is especially timely.

The appellate court also held that corporate officers can be held personally liable as employers under the NYLL, as long as the corporate officers exercise control over the entity’s day-to-day operations. This holding clarifies existing law, whose ambiguity defense attorneys have long sought to exploit in order to shield individual employers from accountability.

Finally, the Fourth Department reaffirmed New York’s liberal pleading standards, rejecting heightened barriers to entry. This holding is particularly important where, as is the case in many wage-and-hour lawsuits, the employer should be in possession of much of the information that is necessary for workers to advance their claims.

The case was argued by GRM partner Jessica E. Harris. Ms. Harris and GRM associate Eliza I. Schultz were on the brief. The decision can be found here.

Gladstein, Reif & Meginniss LLP partner Katherine Hansen, representing 1199SEIU United Healthcare Workers East alongside co-counsel Stacey Leyton of Altshuler Berzon LLP, successfully defended the union’s position in a Third Circuit decision holding that employers cannot block National Labor Relations Board proceedings by challenging the agency’s constitutionality.

The three-judge panel determined that Spring Creek Rehabilitation and Nursing Center’s lawsuit seeking to halt an NLRB action was barred under the Norris-LaGuardia Act, which prohibits federal courts from issuing injunctions in disputes arising from labor conflicts. The court found that Spring Creek’s claims grew directly from an ongoing dispute with 1199SEIU and therefore fell within the Norris-LaGuardia Act’s limits on judicial interference in labor matters.

The ruling affirmed a New Jersey federal court’s denial of an injunction and created a circuit split with the Fifth Circuit, which has permitted similar constitutional challenges to half NLRB actions. Judge Tamika Montgomery-Reeves agreed with the majority that Spring Creek’s claims lacked subject-matter jurisdiction, but based her concurrence on the employer’s failure to allege injury under Article III of the U.S. Constitution.

The case is Spring Creek Rehabilitation and Nursing Center v. NLRB et al., Case No. 24-3043, in the U.S. Court of Appeals for the Third Circuit.

Read the Court’s Opinion.

Coverage by Law360.

Partners Amy Gladstein and Terry Meginniss were recognized in the 2025 edition of The Best Lawyers in America for their work in Labor Law – Union and Litigation – Labor and Employment.

The Best Lawyers in America®, first published in 1983, uses a peer-review process to highlight the top legal talent in the country.

This recognition underscores GRM’s national reputation for excellence in labor and employment law and its decades-long commitment to advocating for unions and workers.

Gladstein, Reif & Meginniss LLP is proud to announce that several of its attorneys were selected for inclusion in the Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers guide for 2025. The GRM attorneys recognized are:

• Amy Gladstein* – Workers’ Rights; Unions
• Katherine H. Hansen – Unions; Employee Rights
• Kent Y. Hirozawa – Unions; Employee Rights
• Beth M. Margolis – Unions; Employee Rights
• William S. Massey – Unions & Collective Bargaining
• Walter “Terry” Meginniss Jr. – Unions & Collective Bargaining
• James Reif* – Employee & Civil Rights
• Amelia Tuminaro – Unions; Employee Rights

*Denotes members of the Lawdragon Hall of Fame.

This recognition highlights GRM’s collective strength as a leading labor and employment firm dedicated to protecting workers’ rights.

View the full publication online: The 2025 Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers.

In a major win for home care workers, a New York federal judge has denied both summary judgment and a bid to decertify a 1,100-member class in a wage and hour lawsuit against Community Care Companions Inc. (CCC), following key arguments advanced by Jessica E. Harris and James Michael Reif of Gladstein, Reif & Meginniss LLP, along with Ian H. Hayes of Hayes Dolce.

The workers, including personal care assistants and home health aides, allege that CCC and its owners, Alexander J. Caro and Mark Gatien, violated the Fair Labor Standards Act (FLSA) and New York Labor Law by issuing overtime pay late and failing to compensate for travel time and expenses incurred in traveling between client homes.

U.S. District Judge John L. Sinatra Jr. on Monday adopted U.S. Magistrate Judge Michael J. Roemer’s report and recommendation, rejecting CCC’s arguments for decertification and pretrial dismissal of the claims. The ruling allows the class action—filed in 2019—to proceed toward trial.

CCC had argued that a recent state court decision eliminated a private right of action under Section 191 of the New York Labor Law, which covers timely payment of wages. But the court found that conflicting state decisions and federal precedent supported keeping the claim alive.

On the overtime issue, CCC claimed that minor delays in overtime pay—especially when caused by late timesheet submissions—should not qualify as violations. But Judge Roemer found that many of the payment delays were not linked to timesheet problems and emphasized that the legal burden lies with the employer to ensure timely compensation.

The court also rejected CCC’s attempt to dismiss claims related to unpaid travel time between client homes, saying there is “persuasive authority” that such travel constitutes compensable work under federal law and should be decided by a jury.

Read Judge’s Sinatra’s order.

Read Magistrate Judge Roemer’s Report and Recommendation.

Reporting by Law360.

A team of attorneys from Gladstein, Reif & Meginniss LLP—Amelia K. Tuminaro, Jessica E. Harris, and Alicia Graziano—secured a major legal victory for unionized nurses at Clara Maass Medical Center, after a National Labor Relations Board (NLRB) judge found the hospital retaliated against staff for protected union activity. The ruling reinforces key protections for union activity and serves as a significant precedent for labor rights in healthcare workplaces.

In a decision issued Friday, Administrative Law Judge Michael A. Rosas ruled that the hospital’s actions—including placing eight nurses on administrative leave, disciplining seven, and firing one—were motivated by “antiunion animus.” The judge ordered Clara Maass to reinstate the terminated nurse, Gloria Eng, and reimburse all affected nurses for lost wages and benefits.

The case centered around an April 2023 incident in which Eng, after being suspended for allegedly restraining a patient during a medical procedure, helped organize a petition and letter signed by about 140 fellow nurses. When Eng and a group of other nurses attempted to deliver the petition to supervisor Bianca Michel, the hospital responded by disciplining the nurses and firing Eng. Judge Rosas ruled that the nurses’ conduct was protected concerted activity and rejected the hospital’s claims that the nurses’ behavior warranted discipline.

The nurses are represented by 1199SEIU United Healthcare Workers East.

Read the Judge’s decision

Reporting by Law360

Partner Jessica Harris was named to the Super Lawyers 2025 New York Metro Rising Stars list.

This honor is reserved for lawyers who demonstrate excellence in practice, with no more than 2.5% of attorneys in the New York Metro area receiving the distinction.

Harris’s selection reflects both her outstanding advocacy on behalf of workers and unions and GRM’s continued reputation for excellence in labor and employment law.

By Hernesto Galdamez

As it appeared in the Massapequa Post – https://www.massapequapost.com/articles/ncc-faculty-union-claims-contract-violations/

Faculty tensions at Nassau Community College escalated last week after Chief Administrative Officer Maria Conzatti announced that she would not submit faculty names for tenure, promotion or sabbatical to the college’s board of trustees until a new contract agreement is reached — despite the fact that the current contract is in effect until Aug. 31.

The announcement, made at the April 3 general faculty meeting, drew sharp criticism from the Nassau Community College Federation of Teachers. Union leaders claim the decision circumvents provisions of the existing collective bargaining agreement, particularly those related to faculty advancement during the final year of a signed contract.

“Our faculty was absolutely stunned to learn that NCC has unilaterally chosen to deny these standard promotions, sabbaticals and tenure positions to our hardworking professors,” David Stern, the acting NCCFT president, said. “This is truly unprecedented, and demonstrates why NCC and the board of trustees are losing confidence and enrollment while slashing programs and mismanaging our finances.”

Jessica Harris, attorney for the union, said that the administration is legally obligated to follow the recommendations of committees, composed of faculty members and an administrator, that approve faculty members’ advancement and sabbaticals.

“NCC administrators have no legal basis to refuse to consider the committees’ recommendations for promotions and sabbaticals,” Harris said. “If the administration persists in its refusal to inform the board of trustees of the committees’ recommendations, in flagrant disregard of the CBA, we will explore all legal options.”

Speaking on behalf of the administration, Jerry Kornbluth, vice president of the Office of Community and Governmental Relations, pushed back against the union’s claims. He said the accusation that the administration is violating the collective bargaining agreement is a “false narrative,” emphasizing that the college is operating under the current 2021–25 contract.

According to Kornbluth, union representatives have not responded to invitations to begin discussions of the 2025–26 contract. He also noted that faculty members must meet “certain standards,” depending on the promotion they are seeking, with evaluations conducted by the committees. Once approved, nominations are forwarded to the president.

“Until there is a conversation about the contract for 2025–26, those promotions, sabbaticals and tenure don’t take effect until the fall of 2025 — under the new contract,” Kornbluth said. “The contract acts on Aug. 31; a new one, whether there is a negotiated one or not, kicks in on Sept. 1.”

Many faculty members have already completed the formal review process and received committee approval. The union accuses the administration of stalling contractual obligations and blocking professional advancement at a time when many professors face increased financial strain due to the rising cost of living.

Kornbluth said that when no formal contract is in place, the college operates under a memorandum of agreement signed by both the administration and the union. That agreement allows the president to move faculty nominations forward for board approval.

Stern said that 15 faculty members had been recommended by their respective committees. “There has been virtually no dialogue or willingness by Ms. Conzatti or her administration,” he said.

The faculty organized a gathering on April 8 in the CCB building. Organizers said the event aimed to draw public attention to the ongoing contract and personnel disputes.

“In all my years that I’ve been at the college — which is 50 — there has never been a time that somebody who is nominated for promotion, sabbatical or tenure did not get it,” Kornbluth said. “This is all about trying to make the president, the administration look bad.”

Katherine H. Hansen of Gladstein, Reif & Meginniss LLP, along with co-counsel Stacey Leyton and Aaron Schaffer-Neitz of Altshuler Berzon LLP, is leading the legal defense for 1199SEIU United Healthcare Workers East in a high-profile constitutional challenge before the Third Circuit, urging the court to reject a New Jersey nursing home’s bid to halt a National Labor Relations Board (NLRB) case.

The union’s legal team filed a forceful brief Tuesday opposing Spring Creek Rehabilitation and Nursing Center LLC’s request for a preliminary injunction. Spring Creek argues that the NLRB’s structure is unconstitutional due to removal protections for its members and administrative law judges. But the union warned that granting such an injunction would “render this nation’s labor laws unenforceable” and open the door to disruptive litigation.

Backed by Hansen and her legal team, 1199SEIU urged the Third Circuit to uphold U.S. District Judge Jamel K. Semper’s prior ruling, which denied Spring Creek’s injunction on the grounds that the nursing home failed to show irreparable harm.

Spring Creek’s claims center on the idea that removal protections violate the separation of powers under the Constitution. The union’s brief, however, argued that under Collins v. Yellen and the Third Circuit’s own standards, the facility must show actual harm resulting from those protections—a bar it has not met.

The NLRB, represented by a team of in-house attorneys including Steven Bieszczat and Kevin Flanagan, also opposed the injunction, arguing that the Norris-LaGuardia Act prohibits courts from intervening in ongoing labor disputes—even when challenges are framed as constitutional.

Read the Union’s brief.

Read the Board’s brief.

Read Law360’s coverage.

A federal judge has granted final approval of a $29 million settlement between New York City and hundreds of fire protection inspectors who alleged they were paid less than building inspectors due to racial discrimination—a deal reached in part through the representation of Gladstein, Reif & Meginniss LLP, on behalf of a newly added subclass of workers.

Judge Analisa Torres of the U.S. District Court for the Southern District of New York signed off on the settlement on Tuesday after a fairness hearing, finalizing a class action that began in May 2020. The plaintiffs alleged that a predominantly Black workforce of fire protection inspectors (FPIs) was systematically underpaid compared to the mostly white building inspectors, despite performing substantially similar work.

The settlement followed an initial rejection of a proposed settlement by the court, over concerns about a potential conflict of interest arising from both the “damages class” and “pay adjustment class” being represented by the same attorneys.

After Brandon Bowman and Sebastian Stack intervened as representatives of the pay adjustment class, and with new counsel from Gladstein, Reif & Meginniss LLP, the settlement was renegotiated and ultimately approved.

The “damages class” includes FPIs who worked between May 1, 2017, and Aug. 31, 2023, while the “pay adjustment class” covers FPIs employed between Sept. 1, 2023, and Aug. 31, 2024.

The damages class is represented by counsel from Valli Kane & Vagnini LLP and Mehri & Skalet PLLC.

The case is Chalmers v. City of New York, No. 1:20-cv-03389, in the U.S. District Court for the Southern District of New York.

Read the order granting final settlement approval.

Coverage by Bloomberg Law.