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Christopher Marlborough

Christopher Marlborough

Wage Theft Class Action Attorneys in NY and NJ | The Marlborough Law Firm
  • Consumer Law, Employment Law
  • California, Florida, New Jersey, New York
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Biography

I am Christopher Marlborough, the founder of the Marlborough Law Firm, and I am dedicated to advocating for workers facing wage theft issues, including workers cheated out of minimum wage and overtime, forced to work off-the-clock- misclassified as independent contractors, and victims of other wage theft schemes.

I pursued my undergraduate studies at the State University of New York at Purchase, where I graduated magna cum laude. Following this, I obtained my juris doctor degree from Brooklyn Law School, also graduating magna cum laude.

I have been litigating cases since 2004, focusing on complex class and collective action cases from 2007 onwards.

I have been recognized by my peers and various organizations for my work in employment law and class actions, including the following awards:

* Courageous Counsel Award, National Employment Lawyers' Association, NY Chapter (NELA-NY);
* Top Lawyers' of Long Island, Employment Law, Long Island Herald;
* The Solotoff Award for Professional Achievement in Employment Law, Nassau County Bar Association (NCBA), Labor and Employment Committee;
* SuperLawyers Magazine Rising Star 2013 and 2014; and
*SuperLawyers Magazine, SuperLawyers Award 2015- present;

I have served as both chair and Vice Chair of the NCBA Labor and Employment Committee. I currently serve on the Legislation Committee of NELA-NY and on the Advisory Council to Documented-NY, a media outlet focused on issues facing immigrant communities in New York City.

Since founding my firm in 2013, I have been Lead or Co-Lead Counsel in numerous certified class action cases. In 2020, I secured court approval for a $7,140,000 settlement with the Call-A-Head port-a-potty company for its portable toilet service technicians. That same year, I also achieved an $11,000,000 settlement for employees at a chain of discount stores in New York.

My commitment to defending workers and ensuring they receive fair treatment remains steadfast.

Practice Areas
Consumer Law
Class Action
Employment Law
Overtime & Unpaid Wages
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
California
State Bar of California
ID Number: 298219
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Florida
The Florida Bar
ID Number: 894621
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New Jersey
New Jersey Courts
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New York
New York State Office of Court Administration
ID Number: 4208963
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U.S. Supreme Court
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Languages
  • English: Spoken, Written
Professional Experience
Principal Attorney
The Marlborough Law Firm, P.C.
- Current
Associate Attorney
Faruqi & Faruqi, LLP
-
Litigation Associate
McCoyd, Parkas and Ronan
-
Education
Brooklyn Law School
J.D. (2003) | Law
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Honors: Sparer Public Interest Fellow Judge Moses M. Weinstein Scholar
Activities: Jerome Prince Memorial Evidence Competition, Writing Team Journal of Law and Policy, Senior Associate Editor
Brooklyn Law School Logo
State University of New York - College at Purchase
B.S. (1991) | Psychology
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Honors: Graduated magna cum laude President's Merit Scholar Dean's List
Activities: Crisis Intervention Hotline
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Awards
SuperLawyers
SuperLawyers
Selected for Superlawyers list each year from 2015 - 2024
Award of Distinguished Professional Achievement
Nassau County Bar Association - Labor and Employment Committee
Rising Stars
SuperLawyers
Selected Rising Stars NY Metropolitan area 2013 and 2014.
Professional Associations
Nassau Employment Lawyers Association, New York Chapter
Member
Current
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National Lawyers Guild
Legal Observer
- Current
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Nassau County Bar Association
Member
- Current
Activities: Labor and Employment Committee- Chair 2016-2018 Labor and Employment Committee- Vice Chair 2014-2016
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Publications
Articles & Publications
Casting a Wide Net in Wage and Hour Lawsuits
Nassau County Bar Association, Nassau Lawyer
Evolution, Child Abuse and the Constitution
Brooklyn Law School, Journal of Law and Policy
Speaking Engagements
Comparing New York and Federal Wage Theft Laws: Distinctions that Make a Difference, Nassau County Bar Association
Nassau County Bar Association
Wage and Hour Class Action Law, Nassau County Bar Association
Nassau County Bar Association
Point/Counterpoint- Employment Law Edition, Nassau County Bar Association
Nassau County Bar Association
Basics of Wage and Hour Law, Bridge the Gap, Nassau County Bar Association
Nassau County Bar Association
Workplace Retaliation Under the FLSA and Other Statutes, Nassau County Bar Association
Nassau County Bar Association
Employment Law Essentials, Nassau County Bar Association
Nassau County Bar Association
Who's the Boss? Joint Employer Status in Wage and Hour Litigation, Nassau County Bar Association
Nassau County Bar Association
Websites & Blogs
Website
www.fightwagetheft.com
Website
https://www.fightwagetheft.com/lawyers/christopher-marlborough/
Blog
https://www.fightwagetheft.com/blog/
Legal Answers
21 Questions Answered
Q. Can I claim unpaid overtime from 2012-2016 in 2025?
A: Unfortunately, the answer is most likely no. The statute of limitations for federal overtime claims under the Fair Labor Standards Act is two years, or three years if the employer's conduct is willful (29 U.S. Code § 255(a)). The statute of limitations for overtime claims under New York State law is six years from the date the payment was first due (New York Labor Law 198). So, under NY law, a case filed on July 25, 2025, can cover pay that was first due after July 25, 2019.

There are very limited exceptions that allow for the statute of limitations to be suspended (or "tolled"), but none of those exceptions were referenced in your question. Being unaware of your right to overtime will not toll the statute of limitations. ... Read More
Q. Am I eligible for overtime pay as a 1099 contractor in New York without a contract?
A: The short answer to your question is "it depends." If you were misclassified as an independent contractor but you were really an employee under the law, you would be eligible for overtime and possibly liquidated damages. Courts will consider the overall level of control that the boss has over the worker to determine whether a worker is an employee or an independent contractor. You identified several factors suggesting that you were misclassified, including that the employer sets your schedules, gives you orders, and monitors your performance. However, providing your own tools and uniform may work against an argument that you were misclassified. You should speak with a Plaintiffs' employment attorney, who can evaluate your case. Many Plaintiffs' employment attorneys, including myself, will provide a free case evaluation. ... Read More
Q. Is my son correctly classified as a 1099 worker in NY?
A: Misclassification of employees as independent contractors is a serious problem because it deprives workers of important employment rights and benefits like minimum wage, overtime pay, unemployment insurance, workers' compensation, and retirement plans.

An independent contractor analysis can be very tricky because there are numerous multi-factor tests that may apply depending on the issue being evaluated (overtime and minimum wage, benefits, social security, and unemployment to name a few). In your son's case, you point to a number of reasons that would suggest that he is misclassified under any of the relevant tests. "He punches in and out using a time clock, is given a work schedule, and is told when to take breaks." That sounds more like a typical employee being directed by an employer, rather than a legitimate independent contractor situation. ... Read More
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Contact & Map
The Marlborough Law Firm, P.C.
New York Office
375 Sunrise Hwy
#3
Lynbrook, NY 11563
US
Telephone: (212) 991-8960
Monday: 9 AM - 6 PM
Tuesday: 9:30 AM - 6 PM
Wednesday: 9 AM - 6 PM
Thursday: 9 AM - 6 PM
Friday: 9 AM - 6 PM (Today)
Saturday: Closed
Sunday: Closed