The Fashion Law Quotes Keith Markel on Successful Representation of Valentino

Partner Keith Markel, co-chair of Morrison Cohen’s Labor & Employment Practice and Luxury Brands Group, was quoted by The Fashion Law in “Valentino Beats Class Certification Bid in Former Employees’ Labor, Wage Dispute.” The article detailed a significant victory for Morrison Cohen client Valentino U.S.A., Inc. in a proposed wage and hour class action.

On February 20, the U.S. District Court for the Southern District of New York denied a bid for class certification from a group of former employees who accused the Italian luxury fashion brand of “willfully and knowingly underpaying a large portion of its employees, by failing to pay them overtime wages” in violation of federal and state labor laws.

SDNY Judge Jessica Clarke found that the plaintiffs failed to put forth sufficient evidence of a uniform policy affecting all class members. The Court ruled that the case did not meet several key criteria, including numerosity, commonality, typicality and predominance in order to proceed as a class action. While the Court said the few individual claims can still move forward, the denial of class certification significantly reduces the scope of any potential liability for Valentino in the case. The Court had also previously ruled in favor of Valentino on summary judgment when it dismissed entirely the claims brought by another named plaintiff in the same case.

Keith, who is lead counsel on behalf of Valentino in the case, said, “This decision is a significant victory for Valentino in a long-standing wage and hour case that has wrongfully accused the company of misclassifying past employees. It’s a true testament to Valentino that it has not wavered in its steadfast defense to these alleged claims.”

The case is Benitez v. Valentino U.S.A., Inc., 1:19-cv-11463 (SDNY).

Read the full article here.