NPK Foods Inc., the operator of a Subway restaurant franchise in Manhattan’s Lower East Side, fired an employee during an investigation by the U.S. Department of Labor’s Wage and Hour Division. This restaurant learned a hard lesson by first failing to properly compensate its employees, and then for retaliating against an employee who partook in the […]
On April 6, 2018, in the case of Rana v. Islam, Case No. 16-CV-3966, the Second Circuit resolved a split in the circuits over whether liquidated damages for unpaid wages are recoverable under both the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). This resolved a split among district courts within the
Second Circuit Resolves Liquidated Damages Under the FLSA and NYLL Read More »
On July 21, 2017, the Southern District Court in New York held that Title III of the Americans with Disabilities Act (the “ADA”) covers claims by disabled individuals who seek to use a company’s resources online. The case is Markett v. Five Guys Enters. LLC. In this case, the plaintiff, who is blind, sought to
Blind Persons Afforded Equal Protection for Online Ordering Read More »
On August 24, 2018, the New York State Division of Human Rights (“NYSHRL”) and the New York Department of Labor (“NYSDOL”) issued their long-awaited proposed model anti-sexual harassment policy and model anti-sexual harassment training program, which can be found here. As set forth in our prior blog, every New York State employer must promptly adopt and distribute
The NYS Sexual Harassment Policies Are Now Available Read More »
The laws in New York City keep on changing. The latest: New York City’s Temporary Schedule Change Law, which went into effect on July 18, 2018. The new law requires employers to provide employees with at least two (2) temporary schedule changes per calendar year – for up to one (1) business day per request
New York City’s Temporary Work Schedule Law Read More »
On February 26, 2018, the Second Circuit Court of Appeals held in the case of Zarda v. Altitude Express, Inc. that discrimination on the basis of sexual orientation is a violation of Title VII of the Civil Rights Act of 1964. The decision overturned prior Second Circuit precedent from 2005 holding that sexual orientation claims
Sexual Orientation Protected Under Title VII Read More »
In light of the recent weather that has taken over national attention with Hurricanes Harvey and Irma, it is as good a time as any to discuss how these natural disasters impact the employment world in the United States, including an employer’s obligation to provide leave under laws such as the Family and Medical Leave
Natural Disasters and the FMLA Read More »
You may have a claim for wrongful termination if your firing is considered illegal. A termination may be illegal for a variety of reasons—from discrimination to retaliation for asserting your rights. In most situations that involve discipline, a termination will not be illegal. That is, if an employee is terminated because they are doing something
Employee Discipline and Wrongful Termination Read More »
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