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For Discrimination Claims, the New York City Human Rights Law Has a More Liberal Test For Awarding Punitive Damages, versus Title VII, according to the Second Circuit

On March 16, 2018, the Second Circuit made clear, in Chauca v. Abraham and Park Management Systems, LLC, that Title VII’s standard for assessing punitive damages does not apply to workplace discrimination claims brought under the more liberal New York City Human Rights Law. In reaching this holding, the Second Circuit reversed a lower court’s […]


Is the Non-Competition Agreement I Signed Enforceable?

Many New York employees are asked to sign non-competition agreements when they first accept a job offer or upon receipt of a promotion within the company. Employees who sign a non-compete agreement and later wish to move to a different employer or start their own business may find themselves entangled in a web of complex […]


Age Discrimination in the Workplace

How can I prove I was the victim of age discrimination? Americans today are living longer and working longer than ever before. Sadly, older employees continue to face discrimination in the workplace. Age discrimination in the workplace is illegal under the Age Discrimination in Employment Act (ADEA) of 1967, the New York State Human Rights […]


Jury Verdict – Sexual Harassment

Juries are sending a strong message on sexual harassment in the #Metoo era. On March 6, 2018, a Southern District of New York jury awarded a woman $13.4 million for suffering sexual harassment when she worked at a sugar refinery plaint in Yonkers, New York. As part of this verdict, the jury awarded $11.7 million […]


The Second Circuit has finally answered the question of whether Title VII of the Civil Rights Act of 1964 protects against sexual orientation-based discrimination

In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit held Title VII does in fact protect against this form of discrimination. Here is some background about the case. The Plaintiff is Donald Zarda, a gay male skydiving instructor. He brought a sex discrimination claim under Title VII after Altitude Express […]


Tip Pooling Laws Could Soon Change, Here’s What You Need to Know

Is it legal for restaurant owners to distribute tips to non-tipped employees? Tips make up a large percentage of most restaurant workers pay.  In New York City, the minimum cash wage for food service workers is presently set to $8.65 per hour for larger employers and $8.00 for smaller employers.  Tipped workers must receive at […]


Your Rights as a Misclassified Employee

Could I receive back owed overtime if I was misclassified as an independent contractor? The Fair Labor Standards Act (FLSA) and New York Labor Law protect employee by setting certain minimums for pay and mandating overtime for nonexempt employees that work over 40 hours a week.  Due to the stringent standards surrounding employees, some employers […]


When is a Delivery Charge Illegal?

Both New York State law and federal law strictly limit an employer’s ability to retain a mandatory charge, like a delivery charge or service charge, that is a gratuity and belongs to the employees. Under the New York Labor Law, no employer is permitted to retain any part of a “gratuity or of any charge […]


Rule 68

What are the consequences of an unaccepted off of judgment? In Tansai v. New Alliance Bank, the Second Circuit definitively addressed the issue of whether an unaccepted Rule 68 offer of judgment moots a case. Tansai v. New Alliance Bank, 2015 U.S. App. LEXIS 7932 (2d Cir. 2015). After recognizing that courts of appeal are […]


Payroll Card Templates

New York Department Of Labor Posts Draft Model Templates For Payroll Debit Cards And Direct Deposit Notice And Consent. New York employers are required to satisfy certain notice requirements and obtain employees’ informed consent before they pay employees’ wages by debit card or direct deposit. The New York State Department of Labor adopted regulations, which […]


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