2nd Circ. Asks NY High Court For Input On Small Claims Bar

Law360 (April 13, 2020, 9:07 PM EDT) -- The Second Circuit said Monday that New York's top court must determine whether New York state law blocks a transportation worker who won a judgment for unpaid wages in small claims court from subsequently suing her former employer for wage theft in federal court.

A three-judge panel certified a question to the New York State Court of Appeals regarding whether Charlene Simmons, a former employee at transportation services company Trans Express Inc. based in Brooklyn, New York, can pursue claims in federal court alleging violation of the Fair Labor Standards Act after she won a judgment in small claims court.

The case...

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