
Joel N. Kreizman
Partner
732-568-8363 jkreizman@sh-law.comFirm Insights
Author: Joel N. Kreizman
Date: May 22, 2014
Partner
732-568-8363 jkreizman@sh-law.comA New Jersey jury recently awarded a $560,000 whistleblower verdict which includes $300,000 in emotional distress damages, $60,000 in back pay and $200,000 in punitive damages against Statue Cruises, a pleasure cruise company.
Howard Flecker III was a deckhand for Statue Cruises, which provides boat tours around the Statue of Liberty and Ellis Island. He filed a lawsuit against the company in 2009 alleging that a provision of the collective bargaining agreement that covered him and approximately 40 other unionized employees was illegal under the New Jersey Wage and Hour Law. It says the overtime pay rate which is time-and-a-half the regular hourly wage begins after 40 hours, but the agreement required paying overtime only after 48 hours.
The Chief Operating Officer for Statue Cruises circulated a memo to all employees informing them that Flecker has filed the lawsuit and until the case was resolved, the company would not schedule union workers for more than 40 hours per week. The memo also stated: “For those of you who will lose a day’s pay (or more) every week, I leave it to your good judgment whether Local 333’s possible involvement in this lawsuit was in your best interests.”
As a result, Flecker’s co-workers started confronting him and urging him to drop the lawsuit. Flecker’s attorney demanded that the company retract the memo on the ground it violated Conscientious Employee Protection Act (CEPA), but the company refused to do so. Flecker added CEPA claims to his lawsuit, alleging his hours had been cut and the stress of confrontations with his co-workers forced him to resign.
In 2011, a Superior Court Judge dismissed the case on summary judgment. The Appellate Division reversed the dismissal on both claims on November 14, 2012. On remand, the overtime claim was dismissed on preemption grounds and the CEPA claims went to trial before a jury.
The jury held that reducing Flecker’s hours and inciting his co-workers to blame him for their loss of income created a hostile work environment which led to his constructive discharge.
Attorneys for Statue Cruises have indicated they will be filing an appeal.
If you have any questions about the lawsuit discussed above or would like to discuss other employment law matters, please contact me or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]
Author: Kenneth C. Oh
On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]
Author: Matthew F. Mimnaugh
If you purchase real property from a foreign person or entity, you may be required to withhold taxes from your payment to the seller under the Foreign Investment in Real Property Tax Act (FIRPTA). The federal tax law is designed to ensure that foreign sellers pay any applicable capital gains tax on profits realized from […]
Author: Jesse M. Dimitro
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!