A new rule may have more New York servers sharing tips with other restaurant co-workers who haven’t received tips in the past. The U.S. Department of Labor has amended the Fair Labor Standards Act (FLSA) to require nontraditional shared tip pools if restaurant servers...
New York City Law Blog
Sexual harassment in the workplace now happening remotely
Countless professionals have become comfortable navigating Zoom meetings. But as workers settled into the new reality of working remotely in 2020-2021, new issues and transgressions emerge. Those who acted professionally in an office's relatively formal environment...
More about the New York notice of pendency, part 2
In part 1 of this post, we introduced the notice of pendency, which gives constructive notice of a pending lawsuit regarding a dispute about ownership, use, enjoyment or possession of real property such as land or buildings. In part 2, we look at when a plaintiff may...
What is judgment enforcement?
When a party is successful in a civil lawsuit, the court may award that party a judgment which states that the losing side owes the successful party a sum of money. Judgment enforcement is the legal process under which the winning party attempts to satisfy the...
The notice of pendency in New York real estate law, part 1
A notice of pendency is a filing that gives public notice of a pending New York state or federal lawsuit in which the parties dispute ownership, possession, enjoyment or use of a particular piece of real estate. Historically known as lis pendens, a notice of...
Man can’t sue for pregnancy discrimination for wife’s pregnancy, says court
On October 16th, the U.S. District Court for the Southern District of New York dismissed a male employee’s claim for pregnancy discrimination at work based on his wife’s pregnancy. While the man alleged that he was mistreated at work and fired because his wife was...
Appeals court rules that Uber and Lyft must classify drivers as employees
For months, Uber and Lyft have been fighting the state of California over whether they must classify their workers as employees rather than as independent contractors. An October 23rd appeals court ruling sided with California, which wants drivers working for...
NY employers should take note of DOL “regular rate of pay” rules
Since Jan. 15, an updated U.S. Department of Labor (DOL) regulation has been in effect clarifying for employers which job benefits and perks to include in pay for purposes of calculating overtime due to nonexempt workers (usually hourly). The “regular rate of pay” is...
Are New York employers supposed to pay employees for time in voluntary training programs?
While this sounds like a straightforward question, the answer is that it depends. This matter is actually regulated in some detail under the federal Fair Labor Standards Act (FLSA) and its regulations – the main body of federal law governing wage-and-hour matters for...
Study: Many who report workplace harassment face retaliation
In the three years since the #MeToo movement began in October of 2017, there's been heightened awareness of sexual harassment in the workplace and an increased willingness by victims to file complaints. However, a new study finds that approximately 75% of employees...
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