Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute hostile-environment sexual harassment when the conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or of creating an intimidating, hostile, or offensive working environment. Such conduct can destroy lives and ruin businesses. […]

The U.S. Department of Labor recently issued a series of new Opinion Letters and a new Fact Sheet. In the course doing so, the Secretary of Labor restored the practice of issuing these important guidance documents which had been otherwise abandoned under the previous administration. Opinion Letters remain a useful tool for employers to ensure […]

Congress’s recent passage of the Consolidated Appropriations Act of 2018 (the “Act”) has significantly changed the rules for tip pooling under the Fair Labor Standards Act (“FLSA”). Although the circumstances for taking a tip credit toward federal minimum wage obligations remain essentially unchanged, the Act permits the inclusion of a larger group of workers in […]

On April 2, 2018, the U.S. Supreme Court issued an opinion involving the Fair Labor Standards Act (“FLSA”). Enacted in 1938, the FLSA is a federal statute that requires, inter alia, employers to pay covered employees who work more than 40 hours in a week time and a half. But the FLSA excludes many categories […]

The “Stop Sexual Harassment in NYC Act” is in its last leg following the New York City Council’s April 11, 2018 enactment of the eleven bills encompassing the Act. The Act, introduced just last month, is expected to be signed by New York City Mayor Bill de Blasio in short order. If enacted, private employers […]

In a recent change in legislation by New York City, private and public employers are to be prohibited from inquiring about a job applicant’s salary history. Legislators have stated they hope the regulation will assist in closing the pay gap experienced by women and people of color. The legislation was passed by the City Council […]

The U.S. Department of Labor is expected to release a new rules affecting overtime eligibility in May that will have a big impact on all businesses. The pending FLSA (Fair Labor Standards Act) update will raise the annual salary floor for overtime-exempt, salaried employees from $23,660 to $48,000 or above (the final figure is expected […]

Governor Andrew M. Cuomo signed legislation enacting a statewide $15 minimum wage plan and a 12-week paid family leave policy. The legislation was passed as part of the 2016-17 state budget. 
$15 Minimum Wage

 For workers in New York City employed by large businesses (those with at least 11 employees), the minimum wage would rise […]

Offers of judgment issued pursuant to Fed. R. Civ. P. 68 are used as a cost-effective strategy for resolving cases, whether individual, class or collective in nature. An employee who rejects a settlement offer is liable for post-offer costs if he or she recovers less at trial than the settlement offer amount. On Jan. 20, […]