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Edie Windsor, whose same-sex marriage fight led to the landmark Supreme Court ruling that made marriage equality the law of the land, died this week at the age of 88.  Ms. Windsor was the plaintiff in the 2013 United States Supreme Court case that struck down a federal law defining marriage as between a man and a woman.  Ms. Windsor will forever be known as an icon and hero of the gay rights movement, as well as the... Read more »

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 »

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 »

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 »

New York Wage Lawyers Report Dramatic Rise in Federal Court Overtime Claims

Today, Reuters reported that in 2013, there was a substantial increase in the number of wage claims filed by employees in both state and federal courts throughout the United States.  According to the report, wage lawyers at Seyfarth Shaw predict that the trend will continue in 2014.  According to Reuters, there has been a discernible shift away from discrimination claims toward wage claims: As courts and judges... Read more »

Dis Is We Thing, Inc. Might (or Might Not) Be Liable For Assault, But Definitely Guilty of the Most Atrociously Bad Corporate Name in History of Universe

New York's Appellate Division for the Second Department is, in all likelihood, the busiest appellate court in the United States.  The justices of the Second Department hear appeals from trial courts in 11 different counties, ranging from rural Dutchess and Putnam Counties to urban Brooklyn and Queens. The Second Department's decisions offer a kaleidescopic view of not only the law, b ... Read more »

Prenuptial Agreements are Alive and Well in New York

NY Domestic Violence
Earlier this year, Elizabeth Cioffi-Petrakis won an appeal overturning a bizarre premarital agreement with her millionaire husband.  At the time, New York divorce lawyers described the decision as a landmark ruling.  The decision garnered widespread attention in the media.  Several of New York’s celebrity divorce attorneys suggested that the appellate court’s decision would have the effect of making it easier for dependent (non-monied) spo... Read more »