Smith V. Girls Club of N.Y.

129 A.D.3d 473 (1st Dept. 2015) June 9, 2015

Plaintiff was injured while participating in a community service program in lieu of incarceration. The court dismissed plaintiff’s Labor Law §240(1) claim because plaintiff was not an “employee” and thus not entitled to protection under the labor law.

Practice Note: The protections of the labor law are not available to non-employees.

Topics: Protected Activity.