Marcus_Monteiro

Marcus Monteiro

Attorney

New York

(516) 280 – 4600 Ext. 107

(516) 280 - 4530

mmonteiro@mflawny.com

Languages

English

Biography

Marcus Monteiro, Esq. has been litigating cases for over 20 years and is a founding member of Monteiro & Fishman LLP. He continues to devote nearly his entire practice to litigation and trial work. Prior to starting Monteiro & Fishman LLP, Mr. Monteiro was a litigator at a national law firm in downtown Manhattan.

Mr. Monteiro has successfully litigated hundreds of cases stemming from employment disputes, personal injury, wrongful death, toxic torts (i.e. lead paint and asbestos), as well as commercial matters. He currently heads the Firm’s wage/hour division where he has recovered millions of dollars of stolen wages under the N.Y. Lab. Law and FLSA.

Mr. Monteiro has tried matters in State and Federal courts, many with a full jury paneled. He has also appeared numerous times before the Appellate Division of the Supreme Court of New York.

Mr. Monteiro represented plaintiffs in national, class-action lawsuits alleging hundreds of millions of dollars in damages in federal courts throughout the United States, including California, Maryland, Tennessee, Illinois, New York and New Jersey. Specifically, he represented a pension fund in a shareholder derivative action against the Board of Directors of FedEx Corporation alleging breaches of fiduciary duties. He also represented purchasers of Saturn vehicles in a national class action alleging breach of warranty and consumer fraud. Mr. Monteiro has served as lead counsel in numerous class and collective cases alleging N.Y. Lab. Law and FLSA violations.

Early in his career, during his post as the national tobacco coordinator for AIG (a multi-billion-dollar international corporation), Mr. Monteiro coordinated all tobacco-related litigation in the United States and Canada against AIG and member companies. In that capacity, he defended AIG’s interest against the Supreme Court of Canada’s decision allowing British Columbia to sue for tobacco-related injuries in what commentators called “the biggest case in the history of Canadian jurisprudence.” Total liability was estimated at over 200 billion dollars. He also coordinated AIG’s defense on behalf of lead paint manufacturers in a $2.4 billion dollars class action case.

While primarily representing workers, Mr. Monteiro has also been deemed qualified to represent Nassau County as of-counsel to the Nassau County Attorney’s Office in the areas of employment/labor law and class actions since 2014. He was the lead trial counsel for County of Nassau, Nassau County Sheriff’s Department and Nassau County Policy Department, before a full jury in the E.D.N.Y. in a case involving employment-related claims. Wagner v. County of Nassau et al., 11-cv-1613 (E.D.N.Y. 2015) (settled for under 5% of stated damages following plaintiff’s two- day cross-examination by defendants).

Mr. Monteiro frequently lectures on trial matters and was named a “Rising Star” by Super Lawyers Magazine in 2012, and a “Super Lawyer” every year since.

Mr. Monteiro is an elected member to Nassau County Bar Association’s Board of Directors (2021-2024 term).  He is also the current Chair of the Nassau County Bar Association Labor and Employment Committee and sits on the Central Islip E.D.N.Y. Advisory Committee.

Nassau County Supreme Court Judge Robert McDonald commented during a trial that “labor law is complicated” and Marcus Monteiro is “a professional who is exceedingly experienced” in overtime cases. Nassau County Supreme Court Judge Sher described Marcus as “experienced class counsel” in a published decision. E.D.N.Y. Magistrate Judge Arlene Lindsey commented favorably regarding Mr. Monteiro’s “skill, experience and reputation in this district” in prosecuting F.L.S.A. wage/overtime cases.

Believing that not only large, international companies should have access to top legal counsel, Mr. Monteiro and firm partner Michael Fishman Esq., formed a top-notch firm, capable of rivaling the quality of large New York City firms, but without the excessive cost.   Mr. Monteiro brings knowledge and focus acquired through his years on Wall Street, New York, to Main Street, Long Island, along with extra enthusiasm, energy and humor – all qualities that his clients have come to appreciate and rely on.

Videos

Marcus Monteiro addresses the New York State Senate (Senate Standing Committee on Labor and Senate Standing Committee on Judiciary) as labor law expert advocating for the passage of the Wage Theft Attachment Act and Securing Wages Against Theft (SWEAT) Act.   Thursday, May 25, 2023, New York, NY.  His testimony was also featured on CBS Sunday Morning during a panel discussion.

Education

Marcus Monteiro was born in Queens, New York and attended Wantagh High School. He graduated from Albany University before enrolling in Hofstra Law School.

While a student at Hofstra, Mr. Monteiro was actively involved in trial and appellate practice, and the only student to represent Hofstra Law School in national competitions as a member of a trial team (American Trial Lawyer’s Association competition) and an appellate team (Jessup International Moot Court competition). Also as a student, Mr. Monteiro worked in the Nassau County District Attorney’s Office, specializing in gangs and narcotics offenses.

Bar Admissions

The State of New York, United States District Court – Southern District of New York, United States District Court – Eastern District of New York.

Recent Cases/Settlements/Verdicts

  • Subhan et al. v. Ram Caterers of Old Westbury et al., 20-cv-5541 (E.D.N.Y. 2022) ($1,325,000.00 settlement of FLSA and N.Y. Lab. Law case consisting of 534 person class; Marcus Monteiro as class counsel.) (AYS)
  • Oscar Canales et al. v. Robert Drexler; 20-cv-05378 (E.D.N.Y. 2023) ($550,000 settlement of FLSA and N.Y. Lab. Law case consisting of five construction company employees). (NRM)(ARL)
  • Peraza Valle v. Valencia et al., 20-cv-05375 (E.D.N.Y. 2023) ($375,000.00 settlement of FLSA and N.Y. Lab. Law case consisting of four tree trimming/removal company employees). (GRB)(AYS)
  • Justo Claros et al. v. Pietro Cipriano et al., 22-cv-2706 (E.D.N.Y. 2023) ($300,000 settlement of FLSA  and N.Y. Lab. Law case consisting of five landscaping company employees.) (JMA) (ARL)
  • Jose Mendez et al. v. Michael Parente et al., Index No. 614696/2021 (N.Y. Supreme Ct., Nassau County 2023) ($97,500 settlement of N.Y. Labor Law case for two landscapers).
  • Gutierrez et al. v. DaVinci’s Restaurant et al., 20-cv-05380 (E.D.N.Y. 2023) (Settlement of FLSA and N.Y. Lab. Law case consisting of five restaurant employees.) (GRB)(ARL)
  • Pedro Elias et al. v. LI Building & Maintenance Corp., Index No. 606244/2022 (N.Y. Supreme Ct., Nassau County 2023) ($75,000.00 settlement of N.Y. Labor Law claims for landscaping company employees).
  • Roney Cuceda et al. v. Revel Restaurant, Index No. 609671/2022 (N.Y. Supreme Ct., Nassau County 2023) (Settlement of N.Y. Labor Law case for restaurant worker).
  • Peter Lopez v. Konap Industries et al., Index No. 610211/2022 (N.Y. Supreme Ct., Nassau County 2023) (Settlement of N.Y. Labor Law claims for delivery worker).
  • Gaitan v. Patel et al. v. Parkway Motor Inn., Index No. 611241/2020 (N.Y. Supreme Ct., Nassau County 2023) (Settlement of N.Y. Labor Law claims for maintenance worker at motel).
  • Jose Hernandez v. Mark Silver et al., Index No. 601551/2017 (N.Y. Supreme Ct., Nassau County 2022) (Settled N.Y. Lab. Law case during third day of full in-person jury trial.) (Rademaker, T.)
  • _v. _, Index No. 91182/2017(N.Y. Supreme Ct., Queens County 2022) (Favorable verdict for client/plaintiff after four day in-person trial, over 100 exhibits used in cross-examination of defendant.)
  • Elmer Flores v. Alex Amaya et al., Index No. 611846/2020 (N.Y. Supreme Ct., Nassau County 2022) (Single plaintiff awarded $457,993.11 judgment following trial in N.Y. Lab. Law case.) (Rizzo, C.)
  • _v. _, Index No. 22001802/2018 (N.Y. Supreme Ct., Nassau County 2021) (Partially settled for $150,000.00 before trial, favorable verdict after three-day trial on remaining issues.) (Goodstein, J.)
  • _v._, Index No. 201803/2018 (N.Y. Supreme Ct., Nassau County 2021) (Client/plaintiff’s verdict on all issues following two -day trial.)
  • Soliz et al. v. Ultra Sonic Inc. et al., Index 602651/2021 (N.Y. Supreme Ct., Nassau County 2021) ($1,300,00.00 settlement of N.Y. Lab. Law claims, Marcus Monteiro as class counsel to 675 person class.) (Mahon, R.)
  • Ramires et al. v. AGDG Car Wash Corp. et al., Index No. 616170/2019 (N.Y. Supreme Ct., Nassau County 2021) (Court awards $205,000.00 for Plaintiffs’ attorney fees on N.Y. Lab. Law Case.) (Sher, D.)
  • Ramires et al. v. AGDG Car Wash Corp. et al., Index No. 616170/2019 (N.Y. Supreme Ct., Nassau County 2021) (In a case of first impression, Court finds that accepted CPLR § 3221 Offer to Compromise Claims does not include attorneys’ fees and sets matter for hearing to determine same.) (Sher, D.)
  • Chacon v. Fred Snyder et al., Index No. 603822/2019 (N.Y. Supreme Ct., Nassau County 2021) (Single Plaintiff awarded $132,751.31 judgement following trial.) (Steinman, L.)
  • Hernandez v. Mint Garden City, 17-cv-04792 (E.D.N.Y. 2019) (Locke, S.) ($165,000.00 settlement of FLSA and N.Y. Lab. Law case.) (Locke, S.)
  • Ramires et al. v. AGDG Car Wash Corp. et al., Index No. 616170/2019 (N.Y. Supreme Ct., Nassau County 2020) (Granting class certification under CPLR §§ 901 and 901, Marcus Monteiro as class counsel.) (Sher, D.)
  • Mojica v. Constantatos et al. 19-cv-00442 (E.D.N.Y. 2020) (Granting conditional Rule 23 class certification, Marcus Monteiro as class counsel.) (Levy, R.)
  • Hernandez v. Mint Garden City, 17-cv-04792 (E.D.N.Y. 2020) (Feuerstein, S.) (Summary Judgment on liability granted.)
  • __,19-cv-__ (E.D.N.Y. 2020) (Mauskopf, R.) ($750,000.00 settlement of FLSA claims on behalf of Rule 23 class.)
  • Martinez et al. v. Alain Artinian et al. Index No. 616161/2018 (N.Y. Supreme Ct., Nassau County 2019) (Granting judgment and finding damages of $446,654.00 for two employees following trial in a N.Y. Lab. Law case.); post-trial hearings in favor of Plaintiffs, 616161/2018 (2020); appeal dismissed, 616161/2018 (2d Dep’t 2020)
  • Hernandez v. Mint Garden City, 17-cv-04792 (E.D.N.Y. 2019) (Locke, S.) (Motion to Amend Complaint and Add Defendants granted.) (Locke, S.)
  • Amador et al. v.__, 19-cv-__(E.D.N.Y. 2019) (Vitaliano, E.) ($675,000.00 settlement of FLSA and N.Y. Lab. Law claims on behalf of 14 employees.)
  • Ramires v. Bradley et al., 17-cv-5728 (E.D.N.Y. 2019) ($650,000.00 settlement of FLSA and N.Y. Lab. Law case.)
  • Franco v. Metro Flowers, 18-cv-01343 (E.D.N.Y. 2019) (Seybert, J.) ($150,000.00 settlement of FLSA and N.Y. Lab Law case.)
  • Villalta v. K&K Auto & Tire Center of RVC, Index No. 002022/2016 (N.Y. Supreme Ct., Nassau County 2019) (Summary Judgment granted on liability.)
  • Bustamante v. First-Shot Mold Contractors, Inc., Index No. 616162/2018 (N.Y. Supreme Ct., Nassau County 2019) (Settlement of N.Y. Lab. Law case.)
  • Molina v. Pete’s Pitaria Inc., Index No. 616160/2018 (N.Y. Supreme Ct., Nassau County 2019) (Settlement of N.Y. Lab. Law case.)
  • Maldonado v. BK Sweeney’s Uptown Grille, Index No., 61111/2018 (N.Y. Supreme Ct., Nassau County 2019) (Settlement of N.Y. Lab. Law case.)
  • Lemus v. Silver, Index No. 601462/2018 (Supreme Ct., Nassau County 2018) (Settled N.Y. Lab. Law case during trial.)
  • Zavala v. Cipriano Landscaping – Nursery Inc., 18-cv-00178 (E.D.N.Y. 2018) (Wexler, L.) (Settlement of FLSA and N.Y. Lab. Law case.)
  • Lemus v. Silver, Index No. 601462/2018 (N.Y. Supreme Ct., Nassau County 2018) (Motion for Summary Judgment granted on liability in N.Y. Lab. Law case.)
  • Mendez v. Anthony Cortina,16-cv-04372 (E.D.N.Y. 2017) (Feuerstein, S.) (Settlement of FLSA and N.Y. Lab. Law case.)
  • Molina v. Matteo’s of Bellmore, Inc. 17-cv-0987 (E.D.N.Y. 2017) (Feuerstein, S.) (Settlement of FLSA and N.Y. Lab. Law case.)
  • Ochoa et al. v. Kaptan et a, 16-cv-02295 (E.D.N.Y. 2017) (Feuerstein, S.) ($150,00.00 settlement of FLSA and N.Y. Lab. Law case.)
  • Reyes v. Plattduetsche Park Restaurant (E.D.N.Y. 2017) (Settlement of FLSA and N.Y. Lab. Law case.)
  • Salmeron v. Gismondi (E.D.N.Y. 2017) (Settlement of FLSA and N.Y. Lab. Law case.)
  • Marques v. Jimrod Landscaping Inc., Index No. 614029/2017 (N.Y. Supreme Ct., Nassau County 2017) (Settled N.Y. Lab. Law case during trial.)
  • Mijango v. Woody’s Landscaping Inc., Index No. 000994/2017 (N.Y. Supreme Ct., Nassau County 2017) (Settlement of N.Y. Lab. Law case.)
  • Alarcon v. Cherry Creek Landscaping Corp. (N.Y. Supreme Ct., Nassau County 2017) (Settlement of N.Y. Lab. Law case.)
  • Magalhaes v. Island Tennis, Inc., 15-cv-5859 (E.D.N.Y. 2016) (Bianco, J.) (Settlement of FLSA and N.Y. Lab. Law case.)
  • Gonzalez v. Lawn Masters Landscape Contracting, Inc., Index No. 002025/2016 (Supreme Court Nassau County 2016) (Settlement of N.Y. Lab. Law case.)
  • Romero v. Nassau Fire Apparatus, 15-cv-5861 (E.D.N.Y. 2015) (Feuerstein, S.) (Settlement of FLSA and N.Y. Lab. Law case.)
  • Lemus v. Campanelli Landscaping Inc. (E.D.N.Y. 2015) (Settlement of FLSA and N.Y. Lab. Law case.)
  • Bustamante v. Executive Diner (E.D.N.Y. 2015) (Settlement of FLSA and N.Y. Lab. Law case.)
  • Castro v. Phil’s Landscaping Inc., Index No. 004008/2015 (N.Y. Supreme Ct., Nassau County 2015) (Settlement of N.Y. Lab. Law case.)
  • Suazo v. Papa Ciro’s Restaurant, Index No. 009020/2015 (N.Y. Supreme Ct., Nassau County 2015) (Settlement of N.Y. Lab. Law case.)
  • Pena v. West Hempstead Beverage Corp., Index Co. 009019/2015 (N.Y. Supreme Ct., Nassau County 2015) (Settlement of N.Y. Lab. Law case.)
  • Velasquez v. Fitzgerald, Index No. 009018/2015 (N.Y. Supreme Ct., Nassau County 2015) (Settlement of N.Y. Lab. Law case.)
  • Cruz v. Tramantana, Index No. 3517/2015 (N.Y. Supreme Ct., Nassau County 2015) (Settlement of N.Y. Lab. Law case.)
  • Rodriguez v. Williston Townhouse Diner (N.Y. Supreme Ct., Nassau County 2015) (Settlement of N.Y. Lab. Law case.)
  • Trigueros v. Leo’s Restaurant & Bar (E.D.N.Y. 2014) (Settlement of FLSA and N.Y. Lab. Law case.)
  • Munoz v. Topper Realty Corp., Index No. 001871/2014 (N.Y. Supreme Ct., Nassau County 2014) (Settlement of N.Y. Lab. Law case.)
  • Santisteban v. Davis Vision, Inc. 13-cv-3523 (E.D.N.Y. 2013) (Feuerstein, S.) (Settlement of FLSA and N.Y. Lab. Law case.)

Recent Speaking Engagements/Lectures

  • 2023 – Moderator and panelist for four-part Evidence Series at Nassau Academy of Law with Hon. Arthur M. Diamond, JSC (Ret). Part 1: Relevant, Circumstantial and Direct Evidence.  Part 2: Opening the Door and Habit Evidence; Part 3: Impeachment and Opinion Evidence; and Part 4:  Hearsay, Closing and demonstrative evidence.
  • 2022 – Instructor, NITA Building Trial Skills: New York, all-day CLE event on trial practice.
  • 2022 – Instructor, Deposition Skills, the Safe Center, LI, assist attorneys on correct deposition techniques.
  • 2021 – Panelist, Constitutionality of Eviction Moratorium, with E.D.N.Y. U.S. Bankr. Chief Judge Alan Trust, N.Y.S.D.J. William Hohauser and Ass. U.S. Trustee Christine Black.
  • 2021 – Panelist, “How Not to Put Your Clients in Jeopardy: Updates to their Employee Handbooks” Nassau County Bar Association, Nassau Academy of Law.