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Monthly Archives: November 2020

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 pendency constructively…

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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…

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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 app-based services to receive employee benefits.…

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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 the…

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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 most employers. New WHD…

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