FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 159519/2020
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`RECEIVED NYSCEF: 11/05/2020
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`_____________________________________________X
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`TAIDGH BARRON,
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`Plaintiff,
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`- against –
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`Index No.:
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`COMPLAINT
`Jury Trial Demand
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`NEW YORK POST and NEWS CORP,
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`____________________________________________X
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`Defendants.
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`Plaintiff Taidgh Barron, by and through his attorneys, Rubin Employment Law, brings
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`this Complaint against New York Post (“The Post”) and News Corp (collectively, “Defendants”)
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`and alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`Barron brings this action based on Defendants’ violation of New York Labor Law
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`§740 in conjunction with their violations of the federal Occupational Safety and Health Act of
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`1970 (“OSHA”).
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`2.
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`Defendants violated the “general duty clause” of OSHA when they failed to
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`provide Barron and other Post photographers and reporters with adequate personal protective
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`equipment (“PPE”) to protect against the transmission of the deadly COVID-19 virus while
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`covering the pandemic in New York City, thus creating a danger to Barron, to all other Post
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`employees, and to the general public with whom they came into contact.
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`3.
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`Defendants also violated OSHA when they failed to provide Barron and other
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`Post photographers and reporters with PPE to protect against injury while covering the Black
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`Lives Matter protests in New York City, which turned into riots and looting.
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 159519/2020
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`RECEIVED NYSCEF: 11/05/2020
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`4.
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`As such, Defendants violated New York Labor Law §740 when they terminated
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`Barron’s employment in retaliation for his complaints about lack of sufficient coronavirus PPE
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`and lack of any civil unrest PPE.
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`THE PARTIES, JURISDICTION AND VENUE
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`Plaintiff Taidgh Barron is an individual residing in New York County, New York,
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`5.
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`residing within the jurisdiction of this Court.
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`6.
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`At all times relevant to the Complaint, Defendant New York Post employed
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`Barron at its office and principal place of business in New York County, New York, also within
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`the jurisdiction of this Court.
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`7.
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`Defendant The Post, a daily tabloid newspaper in New York City ranked as the
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`fourth largest newspaper in the United States by circulation, is a wholly owned subsidiary of
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`Defendant News Corp, whose principal place of business also is located in New York County,
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`New York.
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`8.
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`9.
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`Jurisdiction of this Court is proper pursuant to CPLR § 301.
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`Venue for this action in the Supreme Court of New York, New York County, is
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`proper pursuant to CPLR § 503 (a) and New York Labor Law § 740 (4)(b).
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`10.
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`At all times relevant to this action, Barron was an “Employee” within the meaning
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`of New York Labor Law § 740 (1)(a).
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`11.
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`At all times relevant to this action, either the Post or News Corp or both
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`Defendants were “Employer[s]” within the meaning of New York Labor Law § 740 (1)(b).
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`12.
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`At all times relevant to this action, Chris Dougherty, Post director of
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`photography, was a Post “Supervisor” within the meaning of New York Labor Law § 740 (1)(f).
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 159519/2020
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`RECEIVED NYSCEF: 11/05/2020
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`Barron’s Employment with The Post
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`FACTUAL ALLEGATIONS
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`13.
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`Barron began working for The Post as a staff photographer in or about September
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`2019.
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`14.
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`Barron invested significant time and effort to secure the highly competitive
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`position of staff photographer for The Post. He obtained a New York Police Department Press
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`Credential, became a member of the New York Press Photographers Association and gained
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`experience by working the streets for four years.
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`15.
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`Barron’s qualifications impressed The Post, and his supervisors made it clear
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`from the beginning that they were grooming him to be a long-term employee. The Post gave
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`Barron opportunities and training consistent with its intention to employ him on a long-term
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`basis.
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`16.
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`On Barron’s first day on the job, the head and associate photo editors sent him
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`out, along with veteran staff photographer Tamara Beckwith, to cover a lawsuit. Beckwith did
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`not normally photograph these types of assignments, but The Post wanted Barron to receive the
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`benefit of her training and guidance.
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`17.
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`A month later, the two photo editors sent Barron to Manhattan Criminal Court for
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`one week to be trained by longtime Post freelance court photographer Steven Hirsch. Hirsch
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`taught Barron the rules of photographing in court, how to scope out news in court photography
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`and how to catch people in the building to secure information and photos.
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`18.
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`On October 24, 2019, The Post sent Barron to Hoboken, New Jersey to cover a
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`makeup artist who had found drugs and paraphernalia in her latest shipment of beauty supplies
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`from Sephora. David Rentas, head photo editor, explained to Barron that he wanted him to
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`become familiar with filing an expense report on an out-of-state assignment to prepare him for
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`3
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
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`INDEX NO. 159519/2020
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`RECEIVED NYSCEF: 11/05/2020
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`more long-distance assignments. Rentas told Barron to be prepared to travel to more out-of-state
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`assignments.
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`19.
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`On November 4, 2019, The Post sent Barron to Washington, D.C. with a reporter
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`to stake out the Ukraine whistleblower. The Post did not use its standard practice of hiring a
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`local freelancer, because it wanted to provide Barron with valuable training.
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`20.
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`After returning from D.C., Barron suggested to Rentas that he obtain a White
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`House Hard Pass to enable him to cover President Donald Trump during the upcoming election.
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`Rentas told Barron that this was a great idea, and he would work on it. Clearly, Rentas expected
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`that Barron would still be with The Post during the election season.
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`21.
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`Rentas also made it clear to Barron that he wanted him to work every holiday
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`possible during his first year at The Post to gain experience working important annual events.
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`Barron Reports Dangers
`Posed by Coronavirus and Requests PPE
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`22.
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`COVID-19.
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`On January 24, 2020, The Post reported on the United States’ first case of
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`23.
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`On or about January 24, 2020, The Post assigned Barron to cover Halpern’s
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`Pharmacy, because it was already running out of face masks. About one week later, the manager
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`of the pharmacy told Barron that a person working for Reuters had purchased all of the face
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`masks in the store for Reuters employees. On that same date, The Post reported that Mayor Bill
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`de Blasio said the coronavirus would reach NYC “sooner rather than later.”
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`24.
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`On January 30, 2020, the World Health Organization declared the virus a global
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`health emergency.
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`25.
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`On January 31, 2020, The Post reported on the first-known NYC resident to be
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`tested on suspicion of contracting COVID-19.
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`4
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 159519/2020
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`RECEIVED NYSCEF: 11/05/2020
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`26.
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`Barron immediately understood the gravity of the situation. He knew that the
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`introduction and spread of a dangerous virus in a densely populated metropolis like NYC posed a
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`great risk to all of its residents.
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`27.
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`On or about February 6, 2020, Barron reported to his supervisor, Chris
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`Dougherty, director of photography, that he required PPE to protect himself and others from
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`contracting the coronavirus. Dougherty denied Barron’s request.
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`28.
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`One week later, on February 13, 2020, The Post ran an article titled, “Coronavirus
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`can be spread by people who don’t show symptoms, CDC warns.” The story reported that the
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`director of the Centers for Disease Control and Prevention said, “What I’ve learned in the last
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`two weeks is that the spectrum of this illness is much broader than was originally presented.
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`There’s much more asymptomatic illness.”
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`29.
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`On or about February 20, 2020, Barron again met with Dougherty and requested
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`PPE a second time. Again, Dougherty did not take Barron’s request seriously and advised him
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`that The Post would not provide him with PPE of any kind.
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`30.
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`Only six days later, The Post ran a story titled, “New York needs more masks
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`amid coronavirus outbreak.” In that article, The Post reported, “Many pharmacies across the Big
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`Apple told The Post that they have been sold out of masks for weeks — or can’t keep up with
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`demand.”
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`31.
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`On March 12, 2020, The Post printed an article (with an accompanying
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`photograph Barron took) criticizing “Mayor Bill de Blasio and his public health team” for
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`stressing that, “though the coronavirus is certainly contagious, the mechanics of transmission are
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`relatively limited.” The article reported,
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`The claim that the coronavirus dies quickly upon exposure to the
`atmosphere is striking; it also seems to contradict information elsewhere.
`The World Health Organization says that the novel coronavirus appears to
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
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`RECEIVED NYSCEF: 11/05/2020
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`behave similarly to related viruses and “may persist on surfaces for a few
`hours or up to several days.” A recent article in the Journal of Hospital
`Infection suggests that, depending on the surface material, it can remain
`infectious for up to nine days.
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`32.
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`The next day, on March 13, 2020, The Post reported, “Spread of coronavirus
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`‘much worse’ than Ebola, expert claims.” The article stated, in part, “The global spread of the
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`coronavirus is ‘much, much worse’ than seen with Ebola – which, unlike COVID-19, ‘requires
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`very close contact for transmission’ according to the professor who helped discover the earlier
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`illness.”
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`33.
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`Four days later, on March 17, 2020, The Post ran an article titled “86% of people
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`with coronavirus are walking around undetected, study says.”
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`34. Meanwhile, without providing Barron with the requested PPE, The Post continued
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`to require him to cover stories that put him at an even higher risk than most people of contracting
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`and spreading the virus.
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`35.
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`On multiple days, The Post assigned Barron to ride the subways to determine the
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`impact of the virus in that setting. Barron took photographs of transit workers and riders wearing
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`protective masks and of police officers requiring homeless people to leave the cars and stations
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`to prevent the virus from spreading.
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`36.
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`The Post repeatedly sent Barron to Bellevue Hospital to photograph: (1) new
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`morgue construction necessitated by the pandemic; and (2) the transport of corpses whose deaths
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`resulted from COVID-19.
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`37.
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`On March 24, 2020, The Post assigned Barron to cover the press conference that
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`Patrick Foye, chairman and chief executive officer of the Metropolitan Transportation Authority
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`(“MTA”), held at MTA Headquarters. The only photographer at the event, Barron was required
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
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`RECEIVED NYSCEF: 11/05/2020
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`to be within close proximity of Foye, who was not wearing a mask. The next day, Foye tested
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`positive for the coronavirus.
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`38.
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`Three days later, Barron expressed his concern to The Post associate photo editor
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`about his encounter with Foye. The editor asked Barron whether he had physically touched
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`Foye. Barron explained that he had been in close proximity to Foye, who was contagious and
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`unmasked, but had not touched him. The editor sent Barron back out into the field.
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`39.
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`On or about March 27, 2020, The Post assigned Barron to cover a story regarding
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`two condominium associations whose porters and doormen had contracted COVID-19. The
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`associations had asked the residents to fill in while the porters and doormen were sick. Barron’s
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`assignment was to stand outside two known COVID-19 hot spots to interview and photograph
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`building residents who had been exposed to the deadly virus.
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`40.
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`By March 31, 2020, in the span of only one month, more than 1,000 NYC
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`residents had died from COVID-19, as reported by The Post.
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`41.
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`The Post continued to put Barron at risk so he could provide firsthand coverage of
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`the virus. On or about April 4, 2020, Dougherty required Barron to go to Grand Central Station
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`to shoot a time-lapse video spanning 15 hours. As a result, Barron was exposed to hundreds of
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`individuals who pass through Grand Central over the course of an entire day and evening. He
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`was also exposed to highly vulnerable members of the homeless population.
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`42.
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`On April 12, 2020, The Post reported that one of its sports photographers,
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`Anthony Causi, had died from COVID-19. Three days later, Governor Andrew Cuomo issued
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`an Executive Order requiring everyone in NYC to wear a mask in public.
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`43.
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`On April 15, 2020, the New York Times published an article indicating that the
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`Wall Street Journal was providing PPE (KN95 masks, gloves and hand sanitizer) to their
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
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`INDEX NO. 159519/2020
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`RECEIVED NYSCEF: 11/05/2020
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`freelance photographers. The Journal, like The Post, is a News Corp publication. Nevertheless,
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`The Post had failed to provide any PPE to Barron.
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`44.
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`On or about April 19, 2020, News Corp sent Barron seven low-quality surgical
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`masks, not enough to protect Barron for more than one week of work. Newscorp never sent any
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`additional masks, nor did it offer to do so.
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`45.
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`On April 20, 2020, The Post reported, “New York City’s death toll stands at
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`13,683 – including probable and confirmed coronavirus cases.”
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`Barron Reports Being Assaulted
`And Requests Civil Unrest PPE
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`46.
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`On May 25, 2020, George Floyd, a Black American man, was killed in
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`Minneapolis, Minnesota while in police custody. This event sparked national unrest and both
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`peaceful and violent protests in NYC and other cities throughout the country.
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`47.
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`By email dated June 2, 2020, Barron reported to Dougherty and to the Photo Desk
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`that he had twice been assaulted while taking photographs of looters and rioters.
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`48.
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`Three days later, Barron emailed Dougherty and inquired whether The Post would
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`be providing civil unrest PPE – press helmets, vests and eye protection – for photographers and
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`reporters. In that email, Barron referenced The Post’s delay in providing coronavirus PPE.
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`Dougherty never responded to Barron’s email.
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`The Post Illegally Retaliates Against Barron
`By Terminating his Employment
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`49.
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`On July 22, 2020, less than two months after Barron’s request for civil unrest PPE
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`and five months after his request for coronavirus PPE, The Post terminated Barron’s
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`employment. The Post claimed that its decision was a financial one.
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`50.
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`At the same time The Post fired Barron, it rehired “runners” who had been
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`furloughed in April. Runners are entry-level reporters who work the street and feed copy to
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
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`RECEIVED NYSCEF: 11/05/2020
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`rewrite desks. Their primary responsibility is to find stories by being on the scene. Throughout
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`the runner furlough, Barron had handled both runner and reporter job responsibilities.
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`51.
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`In addition, The Post hired more expensive freelance photographers to fill the
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`void left by Barron’s absence. Since Barron was fired, The Post has continued to hire freelance
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`photographers for work Barron could have done for considerably less money.
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`FIRST CAUSE OF ACTION
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`(Violation of New York Labor Law §740 – Retaliation for Whistleblowing)
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`Barron repeats and realleges each allegation contained in Paragraphs 1 through 51
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`52.
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`as if fully set forth herein.
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`53.
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`New York Labor Law §740 prohibits retaliatory personnel action against an
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`employee who “blows the whistle” on an employer whose unlawful conduct endangers the
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`public health or safety.
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`54.
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`The New York whistleblower law specifically provides that, “An employer shall
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`not take any retaliatory personnel action against an employee because such employee . . .
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`discloses . . . to a supervisor . . . an activity, policy or practice of the employer that is in violation
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`of a law, rule or regulation which violation creates and presents a substantial and specific danger
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`to the public health or safety . . . .” Labor Law § 740(2)(a).
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`55.
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`Barron complained on numerous occasions to his Post supervisor, Chris
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`Dougherty, about: (1) the lack of coronavirus PPE; (2) being required to work in close proximity
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`to people infected and possibly infected with COVID-19; and (3) the lack of civil unrest PPE.
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`56.
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`The Post failed to provide any of the requested PPE.
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`57.
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`News Corp made one lame effort to provide inadequate PPE – a mere seven low-
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`quality surgical masks.
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
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`58. When Defendants failed to provide adequate coronavirus PPE to Barron, they
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`created a danger not only to him and to all Post employees, but to the general public with whom
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`Barron and other Post employees came into contact daily. Absent coronavirus PPE, Barron and
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`all Post employees were at risk of contracting COVID-19 and of spreading it to other NYC
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`residents.
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`59. When Defendants failed to provide any civil unrest PPE, they put Barron and
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`other Post employees at risk of grave injury when covering looting and rioting.
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`60.
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`The Post thus violated OSHA’s “general duty clause,” Section 5(a)(1), which
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`provides that every employer “shall furnish to each of his employees employment and a place of
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`employment which are free from recognized hazards that are causing or are likely to cause death
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`or serious physical harm to his employees . . . .” 29 USC § 654(a)(1).
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`61.
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`By terminating his employment, Defendants retaliated against Barron, in violation
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`of New York Labor Law § 740, for reporting to his supervisor that Defendants violated OSHA’s
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`general duty clause by failing to provide PPE to photographers and reporters who were covering
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`a pandemic and civil unrest.
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`62.
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`As a direct and proximate result of Defendants’ violation of New York Labor
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`Law § 740, Barron has suffered significant economic loss, physical and emotional distress,
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`embarrassment, damage to his career, and other adverse effects on his daily life.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff demands judgment against Defendants for the following:
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`a.
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`full compensation for back pay, front pay, benefits, and other
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`remuneration with interest;
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`b.
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`c.
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`compensatory damages;
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`consequential damages;
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`reinstatement with full fringe benefits and seniority rights;
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`punitive damages;
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`pre- and post-judgment interest;
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`reasonable attorneys’ fees, costs and disbursements in this action; and
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`such other relief as the Court deems equitable and just.
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`RUBIN EMPLOYMENT LAW
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`By: ________________________________
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`Alix R. Rubin
`30 Wall Street
`8th Floor
`New York, NY 10005
`347-756-4828
`
` – and –
`
`695 US Highway 46 West
`Suite 404
`Fairfield, NJ 07004
`973-787-8442
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`arubin@alixrubinlaw.com
`Attorneys for Plaintiff
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`Dated: New York, New York
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`November 5, 2020
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`11
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`11 of 13
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
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`INDEX NO. 159519/2020
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`RECEIVED NYSCEF: 11/05/2020
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`JURY DEMAND
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`Plaintiff hereby demands trial by jury of all issues in this action.
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`RUBIN EMPLOYMENT LAW
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`By: ________________________________
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`Alix R. Rubin
`30 Wall Street
`8th Floor
`New York, NY 10005
`347-756-4828
`
` – and –
`
`695 US Highway 46 West
`Suite 404
`Fairfield, NJ 07004
`973-787-8442
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`arubin@alixrubinlaw.com
`Attorneys for Plaintiff
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`Dated: New York, New York
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`November 5, 2020
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`12
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`12 of 13
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`FILED: NEW YORK COUNTY CLERK 11/05/2020 04:47 PM
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`the atentwns
`the Cinef Admmistive
`the Rules of
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`to before me this
`Sworn
`.
`45
`of November,
`2020.
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`4 Conssaur Eweres87-23-2023
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`Notary
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`Public
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`13 of 13
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`13
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`13 of 13
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`1I 4.2020, 2:29 PM
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