Second Circuit Resolves Liquidated Damages Under the FLSA and NYLL

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

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Sexual Orientation Protected Under Title VII

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 are

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PREPARING FOR 2018!

As the New Year is just around the corner, now is an opportune time to remind individuals of some the upcoming changes in New York’s employment landscape. Wage Increases: The minimum wage for non-exempt employees in New York will increase as scheduled on December 31, 2017. The following new hourly minimums will apply: New York

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Long Island Commercial Litigation Attorney

Business disputes are messy … and costly.  Ranging from contract to real estate disputes, the Firm has experience in commercial litigation matters.  Prior to engaging in litigation, the Firm attempts to resolve these disputes through negotiation or mediation.  If the matters cannot be resolved amicably, the Firm will represent clients in state court or arbitration

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New York Paid Family Leave – Forms Now Available

On January 1, 2018, New York’s Paid Family Leave law will go into effect.  The benefits are to be funded by a weekly contribution of each employee’s weekly wages, which is now 0.126% of the weekly wage (capped at New York State’s current average weekly wage of $1,305.92).  Employees will be eligible if he/she: (1)

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Reminder – Prohibition on Salary Histories in NYC

As a reminder, on October 31, 2017, the law prohibiting employers in New York City from asking about salary history goes into effect!  We blogged about this issue previously here: Please ensure that you are aware of this law and are guided accordingly.  To the extent employment applications requested this information, they should be revisited

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Natural Disasters and the FMLA

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

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Blind Persons Afforded Equal Protection for Online Ordering

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 order food from

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New I-9 Form Released

Today, a new version of the Form I-9 was released by the United States Citizenship and Immigration Services.  The I-9 is a form that must be used by employers to document their efforts to verify the identity and employment eligibility of its employees.  The new version of the form can be found here: https://www.uscis.gov/i-9. This form must be

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New York City’s Fair Workweek Law

Mayor Bill de Blasio recently signed the Fair Workweek legislation, which is a series of laws that go into effect on December 1, 2017.  The laws are designed to create more predictable work scheduled for fast food workers in New York City. Law Number 1 requires fast food employers to provide written notice to the employee of

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