The New York Regional Solicitor's Office

The New York Regional Solicitor's Office is responsible for most civil trial litigation and legal support for the U.S. Department of Labor for matters arising in the following states:

• New York
• New Jersey
• Puerto Rico
• U.S. Virgin Islands

The New York Regional Solicitor's Office employs approximately 36 attorneys and 8 legal support staff.

WHAT WE DO:

The New York Regional Solicitor's Office:

• recommends and prosecutes litigation at the administrative and U.S. District Court trial levels;
• prepares legal interpretations and opinions; and
• assists the United States Attorney in the prosecution of criminal cases

While the attorneys employed by the New York Regional Solicitor's Office may be called upon to handle cases arising out of any of the Department of Labor's program areas, the majority of work performed in this region arises out of the Occupational Safety and Health Administration, the Wage and Hour Division, the Employee Benefits Security Administration, and the Office of Federal Contract Compliance Programs. Some industries we deal with frequently include construction, restaurants/hospitality, and manufacturing.

ACCOMPLISHMENTS:

• Redressing Pay Discrimination in Financial Industry, Recovering $9.8 Million in Back Pay and Prospective Relief

  NYSOL secured a landmark settlement resolving a compensation discrimination lawsuit, alleging that JPMorgan Chase & Co. systematically paid a group of female employees less than comparable males employed in the same positions, in violation of Executive Order 11246, which prohibits discrimination by government contractors, as regulated by the Office of Federal Contract Compliance Programs (OFCCP). JPMorgan must pay at least $9.8 million, including $800,000 in back wages to affected employees and at least $9 million in annual pay equity adjustments for all employees at every level throughout the country.
  http://www.dol.gov/newsroom/releases/ofccp/ofccp20201112

• Holding Owner of Scofflaw Construction Company Personally Liable for $2 Million OSHA Penalties

  NYSOL succeeded in securing personal liability for $2 million in Occupational Safety and Health Act (OSHA) citations against repeated OSHA scofflaw Juan Quevedo-Garcia, owner of a New Jersey framing company. We prevailed on a summary judgment motion to pierce the corporate veil, affirming 8 willful, 10 repeat, and 12 serious violations, and ensuring that this owner will no longer be able to manipulate the corporate form to evade responsibility for serious safety hazards.
  http://www.dol.gov/newsroom/releases/osha/osha20220310-0

• Ensuring Equity for Mental Health with $15.6 Million in Payments, Practice Improvements

  NYSOL brought and successfully resolved the government’s first lawsuit for violations of the Mental Health Parity and Addiction Equity Act (MHPAEA), which prohibits health plans covered by the Employee Retirement Income Security Act (ERISA) from imposing treatment limitations on mental health and substance use benefits that are more restrictive than limitations they impose on medical and surgical benefits. After we filed a complaint in district court against two UnitedHealth Group Inc. affiliates, we required defendants to pay $13.6 million to affected members, plus more than $2 million in penalties, as well as to reform their practices.
  http://www.dol.gov/newsroom/releases/ebsa/ebsa20210812

• Enforcing Wage Compliance in Horse Racing Industry with Payments Totaling $2.6 Million

  NYSOL recovered over $2.6 million in back wages, liquidated damages, and civil money penalties for overtime and other violations of the Fair Labor Standards Act (FLSA) by three prominent horse racing trainers. We required the employers to shift their practices to ensure compliance with multiple wage laws, by using an electronic timekeeping system, training supervisory employees and designating a compliance officer, and conducting orientation sessions to inform employees of their rights.
  http://www.dol.gov/newsroom/releases/sol/sol20190522
  http://www.dol.gov/newsroom/releases/whd/whd20200916
  http://www.dol.gov/newsroom/releases/whd/whd20210920

• Holding Employer Accountable for Willful Safety Violations that Caused Worker Fatality

  NYSOL prevailed in litigation to affirm willful OSHA violations and over $280,000 in penalties against a construction contractor that knowingly deviated from worksite engineering plans and built a makeshift retaining wall that collapsed and crushed an employee to death. NYSOL also made a successful criminal referral to the U.S. Attorney for the Southern District of New York, which resulted in a willful fatality criminal conviction of the company Onekey LLC, and its principal owner Finbar O’Neill, who was sentenced to three months in prison.
  http://www.justice.gov/usao-sdny/pr/construction-company-principal-sentenced-three-months-prison-connection-worker-death

• Securing proper wages and protecting employees from retaliation

  NYSOL obtained $975,000 in settlements with staffing agency Advantix Logistics Corp., including back wages, liquidated damages, and retaliation damages. The company failed to pay employees overtime for work over 40 hours a week as required by the Fair Labor Standards Act, and further illegally terminated an employee for complaining about it. NYSOL took swift action to protect the terminated employee, obtaining a temporary restraining order and preliminary injunction to prevent the illegal retaliation.
  https://www.dol.gov/newsroom/releases/whd/whd20221103-2
  https://www.dol.gov/newsroom/releases/whd/whd20230508

• Requiring Repeat Safety Violator to Pay $1 Million in Penalties and Improve Its Safety Practices

  NYSOL obtained a major OSHA settlement against a large aluminum foundry with a long history of safety violations, injuries, and fatalities, obtaining a $1 million penalty. Pursuant to the settlement, we required Aluminum Shapes LLC to improve its safety practices and accept ten willful, 19 repeat and 55 serious violations related to many hazardous conditions, some of which resulted in a crushing death and severe chemical burns suffered by employees.
  http://www.dol.gov/newsroom/releases/osha/osha20220104

• Obtaining Life Insurance Benefits for Working Families Wrongly Denied

  NYSOL secured an industry-changing ERISA settlement with Prudential Insurance Company, reforming practices surrounding “evidence of insurability.” An investigation revealed that Prudential, like many of its industry peers, collected life insurance premiums for hundreds of people, only to later deny their grieving families’ claims, citing the participants’ failure to provide “evidence of insurability” at the time they applied. NYSOL negotiated a settlement in which Prudential will end this practice. Prudential also committed to pay at least $5,579,887 in previously denied claims. This settlement agreement has been modeled by other insurance issuers.
  https://www.dol.gov/newsroom/releases/ebsa/ebsa20230419

• Protecting Whistleblower who Reported Maritime Safety Concerns

  NYSOL recovered $375,000 in restitution for a whistleblower who had been fired for cooperating with federal investigators and reporting safety concerns related to a maritime explosion. OSHA’s Whistleblower Protection Program found that a New York-based petroleum carrier illegally retaliated against the worker. Per the settlement, the company was also required to post violation notices and train its managers and employees about their rights.
  http://www.dol.gov/newsroom/releases/osha/osha20210401

• Requiring Government Contractor to Pay Truck Drivers Wages Owed

  In the middle of trial, NYSOL reached a settlement for $550,000 in back wages under the McNamara-O’Hara Service Contract Act, which requires government contractors to pay prevailing wages to service employees. U.S. Postal Service mail haul contractor Petrillo Trucking Inc. and its owner failed to pay their truck drivers for all hours worked; under the settlement they were debarred from receiving federal contracts for three years.
  http://www.dol.gov/newsroom/releases/whd/whd20211118-2

• Protecting COVID-19 Whistleblowers

  NYSOL obtained a consent judgment requiring Community Health Center of Richmond to pay back wages and compensatory damages to a whistleblower and improve its practices regarding other whistleblowers. An investigation revealed that in March 2020, as the COVID-19 pandemic spiked, an employee of Community Health Center expressed concerns about holding an in-person meeting with a large group of people in a windowless conference room. The company responded by suspending and then firing them. Community Health Center agreed to pay $195,000.00 in back wages and engage in a reading of rights to all workers.
  https://www.dol.gov/newsroom/releases/osha/osha20240112

DEPARTMENT OF LABOR AGENCIES SUPPORTED:

• Employee Benefits Security Administration (EBSA)
• Mine Safety and Health Administration (MSHA)
• Office of Federal Contract Compliance Programs (OFCCP)
• Occupational Safety and Health Administration (OSHA)
• Office of Labor-Management and Standards (OLMS)
• Wage and Hour Division (WHD)

STUDENT VOLUNTEER SERVICE PROGRAM:

The New York Regional Solicitor's Office may select student volunteers through the Student Volunteer Service Program. For more information, visit the internship information page.

CONTACT INFORMATION: