Linda Jacobs, v. The New York Foundling Hospital, is a labor-related lawsuit filed by private attorney Mr. Jonathan Berstein who has filed many lawsuits against the employer without following neither federal and state labor law. Mr. Berstein’s lawsuit did not meet the requirements of the labor law; particularly, (i) Fair Labor Standard Act-1938, (ii) Portal-to-Portal Act, (iii) Employee Retirement Income Social Security Act.

Prior to filling any labor lawsuit, an audit must take place by the department of labor (DOL) to find a violation of section 29 U.S.C. 206, 207 and 255 that would lead to the enforcement of 29 U.S.C. 216 (b) to the department of justice. However, in Linda Jacobs, v. The New York Foundling Hospital case, the criteria never met since Mr. Bernstein acted as the department of labor and filed a lawsuit without establishing the violation of 29 U.S.C. 206, 207 and 255. Mr. Bernstein is also responsible for the misinterpretation and misrepresentation of many other lawsuits which can be defined as scheme.

Civil Cover Sheet (JS44)

Summons and Complaints

Bernstein Summary Judgement is Denied by the Court

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MEMORANDUM AND ORDER

Findings of the Judge

Consent to Sue (Not the Consent)