The Appellate Division, Third Department affirmed that the Department of Labor’s blanket policy of closing home health aide wage complaints whenever a mandatory arbitration clause exists was an unlawful ‘rule’ promulgated without SAPA compliance, upholding annulment of the closures and class certification.
The Appellate Division, First Department reversed a dismissal and reinstated a class action challenging the NYPD’s practice of routinely handcuffing all arrestees during arraignment without judicial approval, finding the policy states a viable due process claim under the New York State Constitution.
New York’s Appellate Division, Second Department reversed summary judgment for a limousine company, holding that the Labor Law “taxicab exception” does not apply to Labor Law Article 6 wage claims, and that black car drivers operating under corporate service contracts may not fall within the Article 19 exception either.
The Appellate Division, Second Department affirms denial of class certification for Asian NYPD captains alleging race discrimination in discretionary promotions to Deputy Inspector, holding that conclusory assertions of seeking “widespread, systematic reform” are insufficient to satisfy CPLR 901(a)(5)’s superiority requirement.