MAURA MCCANN
Chief Labor Standards Investigator
Department of Labor
W. Avereil Harriman State Office Campus
Building 12, Room 532, Albany, NY 12240
www.labor.nv.Qov
(518)457-2460
Case: USQ3 2010015248 Investigation Findings
Investigation File
Maura McCann’s investigations
List of employees (PART 1)
List of employees (PART 2)
A-719
Eliot Spitzer, Governor
M.Patricia Smith, Commissioner
DIVISION OF LABOR STANDARDS
247 WEST 54th STREET, 6th FL.
NEW YORK, N.Y. 10019
April 16, 2007
Willie Evans
217 West 127th Street, Apt #13A
New York, NY 10027
Re: Case# 03-06-0774 vs. Harry’s Nurses Registry
Dear Mr. Evans:
On your original claim form, you stated that you were employed as a Nurse (LPN) for Harry’s Nurses Registry. Please answer the following questions regarding your work for Harry’s Nurses Registry:
- 1. Was your work bg supervised by anyone? If yes, who supervised you and what type of supervision did you receive?
- Were you required to work specific hours?
- Who sets the rate of pay for services performed?
- Did you receive any fringe benefits, such as vacation, holiday pay, sick pay, etc., while employed at Harry’s Nurses Registry?
- Do you have any business cards with your name on them? If so, were they supplied by
Harry’s Nurses Registry? If this is applicable, please supply me with one of these cards.
- Were you reimbursed for any of your expenses?
- Did you have to submit any invoices for the work you completed?
- Was there a written contract between you and Harry’s Nurses Registry for the work to be done?
In addition, on your claim form, you stated that you worked 6 am to 8 pm 7 days a week during the period of 11/1/06 to 11/30/06. The records your former employer provided to me does not seem to validate this cla.Un. If you have any pay stubs showing your hours worked for the aforementioned period, please send them to me at the address, listed above.
(Continued on Page 2)
Telephone (212) 621-9367 Fax (2 I 2) 621-0826
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Case 1:07-cv-04672-NGG-MO’G· Document 105-3 Filed 07/20/l<JPage 3 of 49 PageiD #: 1185
Page2
Finally, on your Claim form, you stated that you were paid an hourly wage of$21/br. On the records provided to me by your former employer, however, it seems that you were paid $20/br on some shifts and $21/br on others. Was workers compensation being deducted from your paychecks? Please indicate to me your correct hourly wage.
Your failure to respond to my questionS by April 30, 2007 will result in our closing your case due to non-cooperation.
If you have any questions, please feel free to contact me at the phone number listed below.
Very Truly Yours,
Pierre Magloire
Labor Standards Investigator
Telephone (212) 621-9367
Fax (212) 621-0826
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case 1:07-cv-04672-NGG-MOG. Document 105-3 Filed 07/20/10.—Page 4 of 49 PageiD #: 1186
New York State Department of Labor
Eliot Spitzer, Governor
- Patricia Smith, Commissioner
DIVISION OF LABOR STANDARDS
75 VARICK STREET, 7TH FLOOR
NEW YORK, N.Y. 10013
December 4, 2007
Harry’s Nurses Registry
Attn: Harry Dorvilier
88-25 163nl Street ·
Jamaica, NY 11432
Re: 03-06-0774 vs. Harry’s Nurses Registry
Dear Mr. Dorvilier,.
On 3/23/07 I visited your premises in order to perform a records inspection. I met with your bookkeeper, Men Chak. Ms. Chak informed me that she was unaware that a records inspection was scheduled for that day; therefore, no records were made available to me.
Section 661 of the NYS Labor Law requires that employers furnish records upon our request Accordingly, we are requesting that you provide weekly payroll records of all employees who work at the location referenced above. These records must show each employee’s daily hour’s worked (including time in/out), wage rate, gross wages, deductions, and net wages. These records must cover the period of3/23/05 to 3/23/07.
Please provide these records to us at om office located at the address listed at the top of this letter. These records must be received no later than December 18, 2007. For your convenience, you may mail these records to us.
If you have any questions, please feel free to contact me at the phone number listed below.
Very Truly Yours,
Pierre Magloire
Labor Standards Investigator
Telephone{212) 775-3682
Pierre-richard.magloire@laoor.state.ny.us
Fax (212) 775-3375
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DEALY & SILBERSTEIN, LLP
ATTORNEYS AT LAW
225 Broadway, Suite 1405
New York, New York 10007
Telephone (212) 385-0066 * Telefax: (212) 385-2117
December 14, 2007
VJA FACSIMILE (212) 775-3375
& FIRST CLASS MAIL
Mr. Pierre Magloitc
Labor Standards Investigator
New York State Department of Labor
Division of Labor Standards
75 Varick Street, 711t Floor
New York, New York 10013
Re: 03-06-0774 v.Harry’s Nurses Registry
Dear Mr.Magloire:
This .finn represents Harry’s Nurses Registry (”Harry’s,”). Reference is made to your letter dated December 4, 2007 (copy enclosed). Harry’s is seeking guidance as to 1he specific records sought to be inspected by the Department of Labor. In this regard, please inform the
undersigned whether the Department of Labor seeks only those records relating to Harry’s full
time employees, or whether it wishes to inspect the records relating to the independent
contractors registered with Harry’s a.s welL
Please contact the undersigned upon receipt of this letter to coordinate production of the
records required by your office.
MS/MB
Enclosure
cc: Mr. Harry Dorvilier
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121C’7a:’ ‘i cff..cV-:oitfi’2-NGG-MOG Document 105-3 Filed 07/20/10 – f3lage 7 of 49 PageiD !4l:Off89
New York State Department of Labor
Eliot Spitiler, Governor
- Patricia Smith, Commissioner
DIVISION OF LABOR STANDARDS
75 VARICK STREET, 7TH FLOOR
NEW YORK, N.Y. 10013
December 18, 2007
Dealy & Silbe.-stein, LLP
Attn: Milo Silberstein
225 Bro way suite 1405
New York, NY 10007
Re: 03-06-0774 vs. Harry’s Nurses Registry
Dear Ms. Silberstein,
In response to your letter dated December 14, 2007, we are no longer requesting that your client,
Harry’.s Nurses Registry, submit payroll records to us. As a result of OVerti.nle complaints filed by employees Willie Evans and Men Fan Chak, we investigated Harry’s Nurses Registry. Upon review of Mr. Evans claims. it was determined that he was not elig1ble for OT at a wage rate of one and one-half times his regular rate; thus, his case was.closed.
However, an underpayment of $2561 was computed for Ms. Chak. During the period of 111106 to9/1/06, Ms. Chak was not compensated at the OT rate (as described above) for all OT her worked. As proof of her claims, Ms. Chak. provided us with photocopies of her pay stubs along
with her time cards for the aforementioned period.
Therefore, enclose is a Recapitulation Sheet in the amount of $2,561.
Continued on Page 2
Telephone (212) 775-3082
Pien-e-ric:hard.magloire@labor..state.ny.lls
Fu (212) 775-3375
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New York State Department of Labor
Eliot Spitzer, Governor
M\ Patricia Smith, Commissioner
Page2
Failure to pay wages is a criminal as well as a civil violation of Article 6 of New York State Labor Law. In addition officers of the corporation and representatives who violate the law subject themselves to prosecution in Criminal Court as well as to civil action entailing the assessment of interest at the rate of 16 % commencing on the date of the violation and penalties LLP to 200% on the unpaid wages.
Please remit your check payable to the Commissioner of Labor in the amount of $2.561 no later than January 16, 2007 in order to avoid further legal action, including the imposition of interest and penalties as designed above.
Very Truly Yours
Pierre Magloire
Labor Standards Investigator
Enclosure
CC: Harry’s Nurses Registry
Telephone (212) 775-3682
Picrro-richan;J.magloire@lahor.state.ny.us
Fax (212) 775-3375
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l(Z Z.®V-<l f GG-MDG–Document 105-3 Filed 07/20/10 Page 9 of 49 pageid #: 1191
DEAL & SILBERSTEIN, LLP
ATTORNEYS AT LAW
225 Broadway, Suite 1405
Telephone (212) 385-0066 * Telefax: (212) 385-2117
December 26, 2007
VIA FACSIMILE f212) 775-3375
& FIRST CLASS MAll.
Mr. Pierre Magloire
Labor Standards Investigator
New York State Department of Labor
Division of Labor Standards
75 Varick Street, 7m Floor
New YorNew York 10013
Re: 03·06-0774 v. Harry’s Nunes Registry
Dear Mr. Magloire,
As you are aware, this firm repreSents Harry’s Nurses Registry (“Harry’s’) in the referenced matter. Reference is made to your letter dated December 18, 2007 (copy enclosed). It would be helpful to the undersigned if you could send me the basis upon which you determined that Men Fan Chak is eligible for overtime and that Willie Evans is not eligible for overtime. compensation.
Please contact the undersigned at your convenience.
Your courtesy is appreciated.
MS/mb
Enclosure
cc: Mr. Harry Dorvilier
Larry Lebowitz, Esq.
Milo Silberstein
