The Fair Labor Standards Act exempts from its overtime requirements “employers engaged in the business of operating taxicabs.” The operative question then becomes whether the business meets this definition. Many courts rely on the following U.S. Department of Labor “taxicab business” definition to answer this question: The taxicab business consists normally of common carrier transportation […]
No employee should have to endure sexual harassment. They should be able to come to work and just work. Sexual harassment poisons that environment – even more so when the employee’s harasser is his or her supervisor. This power imbalance understandably creates unique issues: employees are scared to complain or go along with the harassment, […]
Summer brings about many questions. White wine or rosé? Jersey Shore or the Hamptons? Can I now wear white jeans? And whether interns need to be paid. This has been an unanswered legal question for several years. The U.S. Department of Labor in 2010 sought to end the guessing and issued guidelines on this issue. […]
Sexual harassment is a problem in essentially every industry, from corporate America to the non-profit sector. But a few industries tend to see more incidents of sexual harassment. The movie industry is one of them. The events leading up to the May 25, 2018 arrest of producer Harvey Weinstein emphasize this point. Over the past […]
The United State Supreme Court just made it easier for employers to compel its employees to arbitrate claims. On May 21, the Supreme Court issues its decision in Epic Systems Corp. v. Lewis, in which it held class action waivers in arbitration agreements between employers and employees do not violate the National Labor Relations Act […]
Earlier this month, Governor Andrew Cuomo signed into law a 2019 budget implementing provisions of the previous budget. In compliance with state standards, the amended New York budget now obligates employers in the state to: Distribute a written sexual harassment policy; and Perform annual sexual harassment training. The new budget amends the New York Civil […]
Although for some the standard of a 9-5 work day still rings true, a large number of employees are now finding it more and more difficult to unplug after they leave the office. From refreshing emails to making phone calls, work is no longer left at, well…work. This holds true for some individuals even on […]
Victims of sexual harassment often suffer emotional distress. The extent of the distress understandably varies, as do the awards. But the law does provide for compensation for emotional distress. A plaintiff who prevails on a sexual harassment claim under Title VII of the Civil Rights Act, the New York State Human Rights Law, or the […]
Sexual harassment exists in every industry, but it is more prevalent in a few. On May 20, 2018, 60 Minutes aired a piece on sexual harassment in the restaurant industry focusing on claims against Mario Batali and the Spotted Pig Restaurant. In that 60 Minutes segment, several women accuse Mario Batali of sexually harassing them […]
How do different statutes define sexual harassment? An employee working in New York City can bring a sexual harassment claim under three statutes: the federal law called Title VII of the Civil Rights Act of 1967; the New York State Law called the New York State Human Rights Law; and the New York City law […]
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