Learn about some of our recent successes:
New York State Department of Labor Settlements
- We successfully reduced an assessment of unpaid wages and damages against employers who own several restaurants by nearly 75% after intensive negotiations with the Department of Labor.
- In a separate case, negotiations with the Department of Labor produced a 90% reduction in the assessment of unpaid wages and damages against a restaurant employer.
Recent Cases
- April 7th, 2015 – WCJ Seafood Decision
We obtained a dismissal of all of the plaintiff’s claims for unpaid minimum wage and overtime compensation against two individual defendants. We successfully argued that the plaintiff’s allegations that these individual defendants were the plaintiff’s employers for purposes of the Fair Labor Standards Act and the New York Labor Law were insufficiently pled because they consisted of mere boilerplate recitations of elements of the economic reality test. Thus, the court granted the motion to dismiss the claims against these individual defendants.
- November 13th, 2013 – Guan Tou Market Appellate Division Decision
We successfully opposed a landlord’s appeal of a six-figure judgment that we had obtained on behalf of a commercial tenant. At trial, a jury had found that the landlord breached a stipulation of settlement in connection with the surrender of the tenant’s remaining interest in the lease by refusing to pay the tenant buy-out funds or return the tenant’s security deposit as called for in the stipulation. The landlord attempted to get this verdict overturned on appeal, and we prevailed upon that appeal as well as on a motion for reargument by the landlord before the Appellate Division and on a motion for leave to appeal by the landlord to the Court of Appeals, New York’s highest court. As a result, our client obtained a recovery in excess of $230,000.00 in addition to legal fees.
- February 5th, 2013 – Aki Sushi (Ni v. Tian Yu Inc., et al.) Decision
We obtained the dismissal of all of the plaintiff’s claims for unpaid minimum wage and overtime pay. We successfully argued that the plaintiff had waived all of his unpaid wage claims against the employers because the employers had previously made payment in full to the plaintiff for his unpaid compensation under the supervision of the United States Department of Labor and the plaintiff had signed a form acknowledging that he had received payment in full and waiving his right to bring suit for that compensation. As a result, the court granted summary judgment in favor of the employers and denied the plaintiff’s motion for summary judgment.
- January 12th, 2012 – Century Buffet and Restaurant Decision
We successfully defended the employees' motion for summary judgment in a wage and hour case. Plaintiffs' application for summary judgment against the individual Defendants was denied. Summary judgment was granted in favor of the employers on Plaintiffs' conversion claim.
- December 19th, 2011 - Thai Grill Decision
We successfully moved to dismiss the employee's wage and hour action against a NYC restaurant.
- August 16th, 2011 – Ji Shiang, Inc. Decision
We defeated the employees' motion for attachment of the employer's restaurant in a wage and hour case.
- April 21st, 2011 – Millennium Decision
- March 22nd, 2010 – Dong Labor Decision
- January 27th, 2010 – Shahabdeen Decision
- August 3rd, 2009 – Mayline Decision
Articles, interviews and videos featuring Xue & Associates:
- April 27th, 2011 - Zaobao Newspaper Report on Labor Law (Chinese Text)
- April 25th, 2011 - Qiaobao Report on Labor Law (Chinese Text)
- April 25th, 2011 - Sinovision Report on Labor Law (Chinese Text)
- April 12th, 2011 - April 12th, 2011 - Sinovision Report on Divorce Matter (Chinese Text)
- March 17th, 2011 - World Journal Newspaper Report on Labor Law Lecture (Chinese Text)
- March 17th, 2011 - Singtao Newspaper Report on Labor Law Lecture (Chinese Text)
- March 17th, 2011 - China Press Report on Labor Law Lecture (Chinese Text)
- March 2nd, 2011 - Qiaobao Newspaper Report on Labor Law Lecture (Chinese Text)
- September 29th, 2009 - Sina Report on Eastern Dragon Case (Chinese Text)
- July 23rd, 2009 - Qiao Bao Newspaper Report on Eastern Dragon Case (Chinese Text)
- February 19th, 2009 - Sina Report on Eastern Dragon Case (Chinese Text)
