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No Swimming: The Tip Pool is Closed to Managers and Supervisors:

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 […]

  • Posted on: Apr 16 2018
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State of New York Passes New Bill On Sexual Harassment

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, […]

  • Posted on: Apr 15 2018
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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 […]

  • Posted on: Apr 12 2018
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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 […]

  • Posted on: Mar 29 2018
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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 […]

  • Posted on: Mar 23 2018
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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 […]

  • Posted on: Mar 9 2018
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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 […]

  • Posted on: Mar 5 2018
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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 […]

  • Posted on: Feb 28 2018
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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 […]

  • Posted on: Feb 16 2018
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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 […]

  • Posted on: Jan 22 2018
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