| In
SDNY The Case Of Cone Heads Limited And
The Bring Your Own Cones Contractors
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
Sept 11 – Cone
Heads Ltd is a
Harlem-based
business which
hires people with
their own rubber
no-parking
cones to go
out and block
parking places
or provide
"flagging
services."
Josyn Chambers
worked for
Cone Heads and its
own Terrence G. Swire
from May 2017 to
May 2018. He was
not paid
overtime, and he
has made a
Federal case out
of it, under
the Fair
Labor
Standards Act,
29 USC 216(b).
U.S.
District Court
for the Southern
District of
New York
Judge Gregory
H. Woods on
September 11
questioned
Cone Heads'
lawyer if the
company
requires its
employees to
bring their
own cones.
Yes, was the
answer -
though if they
show up with
eight cones
instead of the
required
ten, Swire might
make up the difference.
And
that might
make all the
difference,
between an
employee relationship
and one of
independent
contractor, notwithstanding
Cone Heads
issuing
payments as
1099s and not
IRS W2s.
The case of
the Cone Heads
appears headed
for trial.
Inner City
Press, the
only media in
Judge Woods'
courtroom on September 11,
will aim to be
there. Watch
this site.
The day
prior, before
Judge
Woods: Freddy McGrier was
arrested in
Harlem on July
28, 2019 with
eleven small
baggies of marijuana and
Two Shot Derringer
firearm. He
pled guilty
only to the marijuana
charge, but on
September 10
received a
sentence of 24
months in
prison. In the
courtroom were
his mother
and brother,
and Inner City
Press.
Judge
Woods, who recently
sentence a
Rockland County man
who delivered
deadly
heroin to a 28
year old woman
to 27 months,
called this
sentencing a
hard one. He
told McGrier's two
family members
he would be
counting on
them to help
when McGrier
gets out.
Defense lawyer
George R.
Goltzer, whose
sentencing
submission
quoted Clarence
Darrow's summation
in the
Leopold-Loeb
murder case,
asked that
McGrier not be
assigned to
the MCC. He
said the MCC
does not have
the programs
that
McGrier will
need. He also said that
McGrier has no
intention to
appeal.
In this
case the U.S.
Attorney's
Office, while
referencing the
gun as a
"Double Deuce"
in AUSA
Karin Portlock's
sentencing
letter,
offered a plea
deal with
the gun
missing, only
the marijuana "with
intent to
distributed. Twenty
four months
and a full
five years of
Supervised
Release...
Previously
before Judge
Woods: for
prescribing
oxycodone to
at least 12
patients who
did not exist,
nurse practitioner
Sharon
Washington-Bhamre
was sentenced
to four months in
prison on
August 20 by U.S.
District Court
for the Southern
District of
New York
Judge Gregory
H. Woods. She
had signed a
plea agreement
with a
stipulated
range of 70 to
87 months, but
the government
in writing
under a
sentence below
that. It came
out to four
months.
The
government's
sentencing
submission, by
Assistant US
Attorney Elizabeth
A. Hanft, has
a number of
redaction, so
it is not easy
to know the
basis of the
Office's push
for leniency
in this case
and not
others. Her
lawyer's
submission,
with REDACTED
PORTION typed
in in bold
letters,
leaves in
references
to "Big Ken."
Has the government
identified
this Ken?
Judge
Woods said that
despite the
trauma that
was redacted,
the Oxy
was a serious
abuse of
trust, and he
was not sure
that the
defendant
would not
recidivate,
even if the
felony
conviction
would make it
difficult to
do so as a
nurse. Self-surrender
was set for
September 3 at
noon.
O
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
Box 20047, Dag Hammarskjold
Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2019 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for
|
,
