The issues I discuss below share two points in common: (1) all have arisen in cases involving alleged violations of Section 200, 240 and/or 241(6) of the Labor Law, and (2) none are specific to so-called Labor Law actions.

Directed Verdicts and the Art of Reserving Decision

The defendant has just rested, with just the summations and jury charge to follow, when plaintiff moves for a directed verdict on whatever ground. Or perhaps the defendant moves for a directed verdict. Almost irrespective of the merits, the correct ruling is…not to rule at all, and to instead reserve decision.