Does New York’s Wage Payment Law Have a Gaping Loophole?

Article 6 of the New York Labor Law (Labor Law §§ 190-199-a) is a fee-shifting statute, the overall intent of which is to protect employees from having their rightful wages kept from them.[1]  The statute “reflects the state’s ‘longstanding policy against the forfeiture of earned but undistributed wages.’”[2]  To protect employees and remedy the imbalance of […]

Untimely Pay Claims Under New York Labor Law § 191

Does the New York Labor Law permit manual employees who aren’t paid on time to receive liquidated damages? The First Department answered “yes” in Vega v. CM & Assocs. Constr. Mgmt., LLC, 175 A.D.3d 1144 (1st Dept. 2019). Most courts have followed Vega. Background          Labor Law § 191 requires that manual employees be paid at least weekly. And […]

Tipped Employees in New York

Tipped employees in New York may end up receiving less than they’re owed if they don’t understand their legal rights.  Here are some things you should know.  Is There a Lower Minimum Wage for Tipped Employees?             Yes, but only if certain preconditions are met.  A common myth is that employers are automatically allowed to pay tipped employees a […]

10 Common Mistakes Employees make when Getting Fired

“Being unemployed is not just about financial loss, it’s also about loss of self-esteem and identity.” – Unknown Getting fired can be traumatic, especially for those who worked hard and invested time and energy in their careers. It can undermine one’s self-esteem and confidence, leading to feelings of shame, embarrassment, and worthlessness. The loss of income […]

Labor Law Article 6: Is There a Difference Between ‘Deducting’ and ‘Failing’ to Pay Wages

Published in New York Law Journal (Nov. 14, 2018). The idea of a distinction between “deducting” and “failing to pay” wages under section 193 first appeared in 2007 in Monagle v. Scholastic, Inc., forty-one years after Labor Law section 193 was enacted. Monagle asserted: “Section 193 has nothing to do with failure to pay wages […]

Labor Law Article 6: A Misunderstood Law that Fully Protects all Employees’ Wages

Posted with permission by the Albany Law Review.  The correct citation is: Scott A. Lucas, Labor Law Article 6: A Misunderstood Law that Fully Protects All Employees’ Wages, 80 Alb. L. Rev. 1355 (2016/2017). INTRODUCTION Wage theft occurs when an employer fails to pay wages or benefits owed.1 It harms low-income employees the most.2 But depriving almost […]

$6.2 Million Verdict: Santana, et al. v. G.E.B. Medical Management, Inc., et al

In an 8 year battle over pregnancy discrimination, Scott A. Lucas representedthree women who were harassed, mistreated and ultimately terminated once theiremployer discovered they were pregnant or suspected them of being pregnant. “The verdict sends a message to all employers that they can’t harass and fire women for being pregnant.” – Scott A. Lucas After a […]

Groundbreaking Legal Precedent: Samiento, et al. v. World Yacht, Inc., et al.

Samiento, et al. v. World Yacht, Inc., et al., 10 N.Y.3d 70, 883 N.E.2d 990,854 N.Y.S.2d 83 (New York, 2008) In a case closely watched throughout New York State’s restaurant andbanquet industry, Scott A. Lucas argued before the State’s highest court onbehalf of 14 waiters suing to recover the “service charge” added tobanquets in place […]

$2.6 Million Verdict: Brown v. Suggs


The Law Offices of Scott A. Lucas represented the plaintiff in a trial thatproduced one of the highest abuse of process awards ($2.6 million) in NewYork State history. The case, Brown v. Suggs, involved a 7½ year litigation against WillieKathryn Suggs, a well-known Harlem real estate broker. After an 8-day trialin November 2007, the jury […]