Zheng V. Liberty Apparel Company Essay

10040 Words Mar 27th, 2013 41 Pages
ZHENG v. LIBERTY APPAREL COMPANY INC 88 91 998 103

No. 02-7826.

Argued: Jan. 16, 2003. -- December 30, 2003
Before: WINTER, LEVAL, and CABRANES, Circuit Judges.

James Reif (Margaret A. Malloy, of counsel), Gladstein, Reif & Meginniss, LLP, New York, NY, for Plaintiffs-Appellants.Michael H. Klein, Kestenbaum, Dannenberg & Klein, LLP, New York, NY, for Defendants-Appellees.Jennifer S. Brand, Assistant Attorney General (M. Patricia Smith, Assistant Attorney General, Daniel J. Chepaitis, Assistant Solicitor General, of counsel, Eliot Spitzer, Attorney General of the State of New York, on the brief), Office of the Attorney General of the State of New York, New York, NY, for amicus curiae Eliot Spitzer, Attorney General of the State
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Dutchess Community College, 735 F.2d 8 (2d Cir.1984), granted the manufacturers' motion, and held that the manufacturers could not be held liable for violations of the FLSA or its New York statutory analogues. The District Court also declined to exercise supplemental jurisdiction over a surviving New York claim.

We conclude that the District Court erred when it limited its analysis to the four factors identified in Carter. Accordingly, we vacate the judgment of the District Court and remand the cause to the District Court with instructions concerning further proceedings.

BACKGROUND

The relevant facts are laid out in Judge Casey's opinion, Zheng v. Liberty Apparel Co., 2002 WL 398663, at *1-2 (S.D.N.Y. Mar.13, 2002), and we recount only those facts necessary to resolve the issues on appeal. Unless otherwise noted, the facts are undisputed.

Plaintiffs-Appellants are 26 non-English-speaking adult garment workers who worked in a factory at 103 Broadway in New York's Chinatown. They brought this action against both (1) their immediate employers, six contractors doing business at 103 Broadway (“Contractor Corporations”) and their principals (collectively, “Contractor Defendants”), and (2) Liberty Apparel Company, Inc. (“Liberty”) and its principals, Albert Nigri and Hagai Laniado (collectively, “Liberty Defendants”). Because the Contractor Defendants either could

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