Co-authored by Robert S. Whitman and Howard M. Wexler
With Wimbledon in full swing, and the U.S. Open just a few weeks away, the Second Circuit awarded game, set and match to the U.S. Tennis Association in a challenge to the independent contractor status of the tournament’s umpires. In Meyer v. USTA, which we previously wrote about here,
Continue Reading USTA Aces Misclassification Case Before Second Circuit
Co-authored by Steve Shardonofsky and Howard M. Wexler
In 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that oral complaints of a violation of the Fair Labor Standards Act can constitute protected activity under the FLSA’s anti-retaliation provision. But the question whether an oral complaint made to a private employer rather than to the
Continue Reading Whatcha Talkin’ Bout: Oral Complaints Made to Employer Constitute Protected Activity under FLSA, Says Second Circuit
Authored by Geoffrey Westbrook
After more than four years of litigation, Citibank hauled in a significant victory last week against putative class and collective actions in Ruiz v. Citibank. Personal bankers from California, New York, Washington D.C. and other states alleged that Citibank withheld overtime pay under a nationwide scheme encouraging off-the-clock work. Although finding “systematic violations at the
Continue Reading Citibank Cashes In With Big Win On Nationwide Overtime Class and Collective Actions
Authored by Alex Passantino
As Juno prepares to pummel the Northeast with snow, employers should prepare for any weather-related closures of their offices, factories, or other facilities. The effect of a weather-related closure on compensation requirements varies for different types of employees and also varies by state.
EXEMPT EMPLOYEES
Most employees who are exempt from federal overtime requirements and paid
Continue Reading Juno How to Pay When Your Facilities Close for Weather-Related Reasons?
Co-authored by Robert S. Whitman and Howard M. Wexler
Trying to catch a cab in New York City is not for the faint of heart. In addition to the traditional “yellow cabs,” which often treat the city streets like a NASCAR track, there are many “Black Car” companies that offer rides through dispatch systems that allow for scheduled pickups. In
Continue Reading Court Slams the Brakes on “Black Car” Drivers’ Misclassification Case
Co-authored by Robert S. Whitman and Howard M. Wexler
Although the U.S. Open came to an end earlier this month in Flushing Meadows, New York, match point remained to be played for the tournament’s umpires. In Meyer v. United States Tennis Association, Judge Andrew Carter of the Southern District of New York shot a cross-court winner for the USTA,
Continue Reading Game, Set, and Match: USTA Aces Umpire Misclassification Case
Authored by Caitlin Ladd
Employers with commissioned employees will be pleased with a new decision finding that Morgan Stanley Smith Barney’s approach to commission calculations was not an improper deduction from wages under the New York Labor Law.
MSSB’s compensation structure allows its Financial Advisors to select from a variety of formulas, all of which provide for fixed business development
Continue Reading How Big Is Your Business Development Budget? Court Finds Employee Spending Beyond Fixed Allowance Voluntary While Trimming NY Wage Deduction Claim
Authored by Carlos Lopez
Yesterday, New York became the latest state to partner with the U.S. Department of Labor to step up enforcement against employers suspected of misclassifying workers as independent contractors. In a move designed to send a “clear message” to employers, officials from the U.S. DOL, the New York DOL, and the New York Attorney General’s Office signed
Continue Reading New York Teams Up With Feds To Go After Worker Misclassification
Co-authored by Robert S. Whitman, Howard M. Wexler and Joshua D. Seidman
Continuing the recent string of good news for employers on the fluctuating workweek (“FWW”) front, last week a federal judge in the Southern District of New York held that RadioShack’s use of the FWW or “half-time” method to calculate overtime pay for managers was permissible under New
Continue Reading No “Fluctuation” as New York Federal Courts Continue to Allow Half-Time Damages
Co-authored by John W. Egan and Robert Whitman
Retail and hospitality employers should perk up at the recent decision (here) by the New York Court of Appeals to affirm Starbucks’ tip pooling policy. On June 26, the Court resolved questions certified by the Second Circuit (as we previously reported here) regarding the New York Labor Law’s prohibition against