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Federal Court in New York City Questions Veracity of Nail Salon’s Tax Returns and Allows Salon Workers’ Overtime and Minimum Wage Claims to Proceed to Trial


Nail Salons and other beauty care establishments have become notorious in New York City for their egregious violations of minimum wage and overtime laws.  Each day, legions of immigrant women work unspeakably long hours for wages that fall far below the amounts required  by the New York Labor Law (NYLL) and Fair Labor Standards Act (FLSA). In 2015, the substandard conditions and wages endured by nail salon workers attracted... Read more »

Appellate Court Dismisses Teacher’s Defamation Lawsuit Against School District Because Calling Someone a “Bitch” is an Opinion, Not a Fact


In its November 23, 2016 decision in Pall v. Roosevelt Union Free Sch. District, the Appellate Division, Second Department, affirmed the granting of summary judgment dismissing the plaintiff’s claim for defamation. The order granting summary judgment had been made below by the Supreme Court, Nassau County Justice Michele M. Woodard. Plaintiff, who was employed by the School District as a teacher, alleged that she was... Read more »

Appellate court holds that temporal proximity does not create inference of disability discrimination unless the employer knew about the employee’s disability at the time of firing


In its October 12, 2016 decision in Tibbetts v. Pelham Union Free School District, the Appellate Division, Second Department, affirmed the granting of summary judgment dismissing the plaintiff’s complaint for disability discrimination. The order granting summary judgment had been made below by the Supreme Court, Westchester County Justice Smith. Plaintiff, who was employed by the School District as a probationary teacher, al Read more »

Federal Court Denies Long Island Restaurant’s Bid to Dismiss Executive Chef’s Overtime Claims


A decision issued last week by the Federal Court in Brooklyn breaks new ground in wage and hour law by imposing a hefty evidentiary burden on employers who try to deprive their employees of overtime by classifying them as "executives". The decision was issued by Eastern District Judge Arthur D. Spatt in the case Karropoulos v. Soup Du Jour, Ltd. Judge Spatt concluded that despite having the title “executive chef”, plaintiff... Read more »

Three Recent Domestic Violence Decisions That Every New York Divorce Lawyer Should Have At Their Fingertips


In New York, a petitioner is entitled to a final order of protection where it shown that the respondent committed one or more of the crimes defined in the penal law that are said to constitute a “family offense” within the meaning of the Family Court Act. Unlike a criminal prosecution, where each element of the crime must be proved beyond a reasonable doubt, a petitioner alleging the commission of a family offense to obtain an order... Read more »

Court Reinstates Overtime and Minimum Wage Protections for Home Care Workers


On Friday, August 21, 2015, the Obama administration’s regulations granting overtime and minimum wage protection to 2,000,000 home care workers were reinstated by the U.S. Court of Appeals for the District of Columbia Circuit. The appellate court concluded that the Labor Department’s regulations were justified by the massive changes in the home care industry that have taken place during the last 4 decades. ... Read more »