President Trump recently amended the federal wage and hour law, to prohibit managers and supervisors for participating in tip pooling arrangements under any circumstance, whether or not the employer takes a tip credit (i.e., employers pay less than full minimum wage and employees earn the difference in tips). In other words, employers, including managers and […]
Governor Cuomo is expected to shortly sign into law a bill that is designed to increase the transparency of sexual harassment complaints in the work place and to stop sexual harassment. The law will prohibit employers from requiring employees to arbitrate sexual harassment claims, prohibits the inclusion of non-disclosure agreements in settling sexual harassment claims, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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