Whether employees receive individual tips or share contributions to a tip jar, workers in restaurants, coffee shops, and other establishments often depend on tips to ensure that their pay is fair. In some cases, employers establish a tip pooling policy to distribute...
Firm News
Attorney Kenneth Katz Provides Insight Into A Potential Expansion Of Federal Discrimination Law
A recent article by Law360 quotes our principal attorney, Kenneth Katz, as he describes possible consequences of shift changes and lateral transfers being viewed as workplace discrimination if they stem from a place of bias. Recently, the U.S. Equal Employment...
COVID-19 raises novel questions for NY employers and employees
We are living in unprecedented times. In a world reeling from a global pandemic, employers and employees alike must navigate issues of public health and determine how to act safely - and legally - when returning to the workplace. Disability discrimination issues and...
NY court refuses to enforce arbitration clause in sexual harassment case
Shocking allegations of sexual harassment and gender discrimination in the workplace created the #MeToo movement, raising collective consciousness of this all-too-common phenomenon. Historically, many victims have been prevented from getting justice due to the...
Worker COVID-19 safety complaints may trigger whistleblower protection
As New York slowly turns the dial to open more workplaces after a prolonged stay-at-home period, employees and employers alike are understandably concerned about keeping the physical environment at work as safe and healthy as possible. Employers must comply with...
New York requirements for a valid noncompete agreement
Many employers are concerned that a valued employee with in-depth understanding of the business will leave to work for a key competitor or start a competing business. At the same time, it is normal for a person to make career moves within the same industry, building...
Hair stylist files class action for unpaid wages from COVID-19 closures
In the national scramble to close businesses amid the coronavirus pandemic, issues will undoubtedly arise regarding time worked and wages earned before the doors closed. Among many others, the personal care industry - consisting of hair salons, nail salons, spas,...
Sound prevention policies may reduce sexual harrassment
Reports of workplace sexual harassment allegations often occupy national news, with many of these allegations originating in companies based in New York. These accusations can have a detrimental effect on both employees and the businesses where they work. In regard to...
IEP meeting attendance is appropriate use of FMLA leave, says DOL
A recent study shows a significant increase in developmental disabilities in children. The study, published in the medical journal, Pediatrics, has revealed substantial increases in the prevalence of disorders, such as autism, ADHD and intellectual disability, in U.S....
Overtime pay changes in 2020 will impact New York employers
The new year brings new federal regulations for businesses to follow. For the first time since 2004, the threshold for overtime pay eligibility is changing. The Department of Labor estimates that the new legislation will impact approximately 1.3 million employees. As...
