The Appellate Court Unanimously Affirmed the Judgment Obtained Against Employers for Failing to Pay Employee Certain Wages

It is elementary that paying employees their fair wages is not only required by both State and Federal laws, it also fosters a workplace environment where employees feel valued, which will likely achieve greater profits and higher talent retention rates for the benefits of the employer. However, for those employers that still refuse to pay their employees equitably, whether it be for any discriminatory purpose or economic reasons, trial attorney Jerry Boies has some advice for those employers: “the law will eventually catch up with you.”

THE BOIES LAW FIRM brought this case (Atkins v. Metronome Events, Inc., et al, Index No. 650203/2014) under New York Labor Law on behalf of employee Robert Atkins alleging that Mr. Atkins is entitled to: (1) unpaid tips or gratuities; (2) liquidated damages; (3) pre-judgment and post-judgment interests; and (4) attorney’s fees and costs. After several weeks of a jury trial, the jury rendered a resounding verdict on behalf of Mr. Atkins on all the allegations.  The employers then asked the trial Court to throw out the verdict. The trial Court denied the employers’ motion. The employers then appealed. On October 6, 2020, the Appellate Court, a three-judge panel, unanimously affirmed the judgment.

After the outcome of the jury verdict, trial attorney Jerry Boies reflected that “it may have taken years for Mr. Atkins to see justice. Nevertheless, I am pleased that justice was not denied.” The Appellate Court’s decision to affirm the judgment is a further manifestation that justice delayed is not always denied.

In addition to civil rights cases, this firm regularly brings employment, individual and class action, cases against employers for failing to pay wages, tips or gratuities, overtime, commission, etc. Providing our clients with excellent, expeditious and cost-efficient legal services has always been and remains our cornerstone. Contact our office to set up an appointment today.

Click here to view a copy of the Appellate Court’s Decision and Order.