New York Department of Labor

Co-authored by Howard M. Wexler and Robert S. Whitman

Seyfarth Synopsis: Governor Andrew Cuomo has directed the Commissioner of Labor to schedule public hearings to address the possibility of eliminating the tip credit. A tip credit allows an employer to pay less than minimum wage to employees who receive the bulk of their pay in customer tips.

As we
Continue Reading NY Governor Signals “Tipping” Point Over Elimination of Minimum Wage Tip Credit

Authored by Cheryl Luce

Seyfarth Synopsis: Tipped workers who didn’t receive notice of the tip credit get a win under New York state minimum wage law in a case that echoes technical traps we have seen in FLSA decisions.

Throughout the year, we have been covering cases that show how the FLSA has been construed by courts as “remedial


Continue Reading Extra Credit: Franchise Restaurant Workers Clear Path to Massive Payout on Technicality Under New York Law

sleeping on the jobCo-authored by Gena B. Usenheimer & Meredith-Anne Berger

Seyfarth Synopsis: A New York appeals court held that home healthcare employees who work overnight shifts are entitled to pay for all hours in a client’s home in a 24-hour period—including sleep and meal periods. The previously accepted interpretation of New York law allowed employers to pay 13 hours for a 24-hour
Continue Reading Sleeping on the Job? New York Court Finds Home Healthcare Employees Entitled to Pay for Each Hour on Overnight Shifts