Orin Kurtz, of the employment division of Gardy & Notis, practices before federal and state courts on behalf of employees, and select employers, in class and collective actions under the Fair Labor Standards Act and the labor laws of various states. Although located in New York City, Orin is available to represent employees throughout the country.
Orin is a frequent speaker at national employment law conventions. He was a featured speaker at the 2014 American Bar Association Employment Rights & Responsibilities Midwinter Meeting in Cabo San Lucas, Mexico, and also at the 2015 American Bar Association Employment Rights & Responsibilities Midwinter Meeting in Naples, Florida. He has taught CLE classes at the Marino Institute for Continuing Legal Education and the National CLE Conference in Vail, Colorado. At each of these meetings, Orin spoke about various aspects of employment class and collecive action practice.
Our current and recent employment cases include:
Class Action Against a Major Hospital: We recently filed a class action against a major hospital on behalf of nurses and other non-exempt, hourly-paid employees who work a "13th Shift" each month and are not paid for that shift. The complaint alleges that these employee work a "flex shift," which is a 12-hour shift, and work 12 shifts per month that are paid. However, once per month the "flex shift" employees are required to work an extra shift, which causes them to work over 40 hours that week, and they are not paid at overtime rates for that extra shift.
Gisinger v. Patriarch Partners: Class action on behalf of up to 2,700 employees of TransCare Corporation who were laid off with no notice, in violation of the WARN Act.
Alfonso v. Maggies Paratransit: Class and collective action on behalf of paratransit drivers in New York City who drive for the MTA's Access-A-Ride program. According to the complaint, the drivers are not paid for all hours worked including overtime hours, in violation of the Fair Labor Standards Act and the New York Labor Law.
Salisbury v. TransCare Corporation: $250,000 class action settlement on behalf of paratransit bus drivers who were denied overtime pay.
Tubiak v. The Nielsen Company (US) LLC: Nationwide collective action on behalf of Field Trainers who were denied pay for all hours worked, including overtime pay, as a result of Nielsen's deduction of their "drive time" between certain appointments.
At his previous firm, Mr. Kurtz was a member of the team litigating the following case, among others:
Yahraes v. Restaurant Associates Events Corp. In this class action, Orin was part of the team representing hundreds of Luxury Suite Attendants who worked at Arthur Ashe Stadium during the US Open tennis tournament. The complaint alleged that the suite attendants were required to work as many as 100 hours per week without being paid at overtime rates. The complaint also alleges that the defendants added a 20% service charge to customers' bils and did not pay that money to the suite attendants. The case settled for $600,000. The defendants included Restaurant Associates, Levy Restaurants, and Amerivents.
In addition to his experience in employment matters, Orin is also well versed in the litigation of securities and consumer class actions. Orin has worked as an author of the American Bar Association 2015 Review of Consumer Protection Law Developments (New York State section), American Bar Association 2013 Review of Consumer Protection Law Developments (New York State section), and the American Bar Association 2010 Review of Consumer Protection Law Developments (New Hampshire section). Orin recently represented consumers in a class action against eMusic.com, Inc., an online music retailer, that settled for over $400,000. In that case, the complaint alleged that eMusic sold music download cards that advertised a set number of songs for a fixed price (for example, 30 songs for $15) and did not provide all of the songs that we promised.
Orin obtained his undergraduate degree in Jazz Studies, and remains active in the arts. He currently serves on the executive boards for two not-for-profit arts organizations, Bodystories: Teresa Fellion Dance and Inception to Exhibition.
Orin graduated magna cum laude from New York Law School in 2004. During law school, he served as an Executive Articles Editor on the New York Law School Law Review. He is admitted to the Bar of the State of New York, the United States District Court for the Southern District of New York, the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Third Circuit, and the Supreme Court of the United States.