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 […]
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 […]
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 […]
Although neither federal nor New York law expressly prohibits discrimination on the basis of gender identity or expression, the New York State Division of Human Rights issued regulations that will interpret the state’s anti-discrimination prohibitions to cover transgender individuals. These regulations make discrimination or harassment against transgender applicants and employees unlawful, and require employers to […]
Often times employers give new employees restrictive covenants, such as non-competition, non-solicitation, or confidentiality agreements in a stack of orientation paperwork. Not a good idea. A recent case from New York’s highest court reminds employers not only that it is important to narrowly tailor restrictive covenants, but that it is also worthwhile to take the […]
New York City Freelancers Will Soon Have Much More Protections Under The Apt-Named Freelance Isn’t Free Act. Catchy. On November 16, 2016, Mayor Bill de Blasio signed into law the Freelance Isn’t Free Act. This Act sets forth requirements when hiring freelance workers, also known as independent contractors. Act becomes effective on May 15, 2017. […]
Family Status is now a protected class. Is being a parent a protected status? It is now. Under the End Family Status Discrimination Act, “familial status” is now a protected class under the New York State Human Rights Law. What does this mean? Under this amendment, employers may not discriminate against employees based upon their […]
Can I Be Asked About My Current Salary During An Interview? Is It Legal To Ask An Applicant’s Salary History? No. The New York City Human Rights Law now prohibits employers, employment agencies and their agents from the following: Inquiring about an applicant’s salary history. Relying on an applicant’s salary history to determine the salary, […]
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