Employment Law

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

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

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

Complaint for Wrongful Termination Based on Psychological Disability is Reinstated by New York Appellate Court

In its February 11, 2015 decision in Regan v. City of Geneva, the Appellate Court, Fourth Department, reinstated the complaint for disability discrimination of a former police officer who was suspended from his job after he was arrested for driving while intoxicated. Shortly after he was suspended, the plaintiff entered into a rehabilitation program for

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

Bengals cheerleaders settle their wage class action but still aren’t allowed to wear panties

Because wage and hour lawyers have already pursued class action lawsuits against nearly all of the obvious targets (restaurants, car washes, pharmaceutical sales, and loan officers, just to name a few), creative attorneys have increasingly turned to more esoteric industries, such as strip clubs, Uber drivers, and cheerleading. During the past three years, overtime claims

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

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

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

Bullying in the Workplace: A New York Employment Lawyer’s Call for Action

In recent years, much needed attention has finally been given to the horrific epidemic of bullying in our nation’s schools. Previously, the phenomenon of bullying in schools and colleges was relegated to the subject of jokes or parody. The message sent by Hollywood films such as Revenge of the Nerds was, in sum and substance,

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