New York Employment Attorney Blog

FedEx Ground has settled a case with the Attorney General of Massachusetts for misclassifying its delivery drivers. FedEx Ground classifies its drivers as independent contractors, instead of employees, which results in substantial cost-savings to FedEx Ground because under such an arrangement its drivers bear FedEx Ground's overhead costs, among other things.

Continue reading "Massachusetts Attorney General Recovers $3 Million from FedEx Ground" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Compensation, Wages and Overtime , Employment Agreements

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On May 19, 2010, after nearly a six week trial, a New York jury awarded a record $250 million in punitive damages, the largest of its kind in a sexual discrimination case, to a class of female sales employees in the U.S. District Court for the Southern District of New York. Last week, the parties reached a settlement agreement of the plaintiffs' sexual discrimination claims in the sum of $152 million.

Continue reading "Novartis Reaches $152 Million Dollar Settlement in Gender Bias Law Suit Filed in New York Federal Court" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Sexual Discrimination

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On July 6, 2010, the United States Court of Appeals for the Second Circuit, which sits in New York City, ruled against Novartis Pharmaceuticals Corporation ("Novartis") on claims brought by current and former pharmaceutical representatives for overtime pay. The claims were asserted under the federal Fair Labor Standards Act ("FLSA") and state law, including New York's Minimum Wage Act. The court's decision affects sales representatives in New York, California and other states.

Continue reading "Second Circuit Court of Appeals Holds that Pharmaceutical Sales Representatives Were Entitled to Overtime Pay" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Compensation, Wages and Overtime

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The United States Department of Labor’s Wage and Hour Division (“WHD”) released guidelines on the use of unpaid interns by employers in the private sector. Typically, an employment relationship will be created unless an internship can meet the six criteria laid out by the WHD.

Continue reading "Department of Labor Issues Guidelines on Unpaid Internships" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Compensation, Wages and Overtime

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On May 12, 2010, the New York State Senate passed S1823b, a bill to amend the labor law to prohibit abusive work environments. If the bill were to pass scrutiny in the State Assembly, and be signed into law by the Governor, employees in the State of New York would have expansive protections beyond just the anti-discrimination statutes. In effect, the bill would transform the employment-at-will landscape, requiring that employers make sure that employees are not being subjected to bullying, while also making it more difficult for employers to terminate employees who complain of such.

Continue reading "The Healthy Workplace Bill: Will New York State Prohibit Workplace Bullying? " »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Employment Discrimination , Employment Rights

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A recent opinion letter issued by the United States Department of Labor has determined that mortgage loan officers do not fall under the Fair Labor Standard Act's administrative exemption provision. The Department of Labor explained that an employee's actual job duties and compensation determine exempt or nonexempt status, and not job title.

Continue reading "Mortgage Loan Officers Are Not Exempt From the FLSA's Overtime Rules" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Compensation, Wages and Overtime

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The plaintiff, Diane Gorzynski, brought forth claims alleging hostile work enviornment, age and sex discrimination, as well as retaliation for complaints of race and age discrimination, against JetBlue, her employer. Gorzynski v. JetBlue Airways, Corp. (February 19, 2010).

Continue reading "New York Federal Appellate Court Rules that Employee Claiming Sexual Harassment May not be Required to Complain to Multiple Managers about Harassment" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Age Discrimination , Racial Discrimination , Retaliation , Sexual Discrimination , Sexual Harassment

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A recent decision by the United States Court of Appeals for the Second Circuit (which covers New York, Connecticut and Vermont) clarified the "academic requirements condition" pertaining to the FLSA's professional exemption. In Young v. Cooper Cameron Corp., No. 08-5847 (2d Cir. Nov. 12, 2009), the court held that the plaintiff was not exempt from the FLSA's overtime provisions.

Continue reading "Second Circuit Considers Academic Requirements for FLSA Professional Exemption" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Compensation, Wages and Overtime

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On January 6, 2010, the Equal Employment Opportunity Commission ("EEOC") released data concerning charges of discrimination filed with the agency in FY2009. The EEOC resolved a record number of charges alleging harassment and violations of Title VII of the Civil Rights Act. FY2009 saw the second highest number of charge filings nationwide, 93,277 --just about 2,000 filings less than the record high set for FY2008.

Continue reading "EEOC Releases 2009 Charge Statistics" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Age Discrimination , Disability Discrimination , Employment Discrimination , National Origin Discrimination , Racial Discrimination , Retaliation , Sexual Discrimination , Sexual Harassment

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In Whalen v. J.P. Morgan Chase, the United States Court of Appeals for the Second Circuit, held that a loan underwriter, whose job involved approving loans, in accordance with specific guidelines provided by his employer, was not exempt from the Fair Labor Standards Act ("FLSA"). The Second Circuit covers New York, Connecticut, and Vermont.

Continue reading "U.S. Court of Appeals, Second Circuit Finds Loan Underwriters Entitled to Overtime Pay" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Compensation, Wages and Overtime

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Congress is considering legislation overturning a recent Supreme Court decision holding that plaintiffs asserting claims of age discrimination under the Age Discrimination and Employment Act of 1967 ("ADEA") must prove that age was the "but for" cause of the challenged adverse employment action.

Continue reading "Congress Poised to Overturn Supreme Court's Recent Case on Age Discrimination" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Age Discrimination , Employment Discrimination

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An important amendment to Article 6 of the New York Labor Law is to become effective on October 26, 2009. The amendment affects New York Labor Law section 195, and requires New York employers to advise all new employees in writing of their regular rate of pay and pay day.

Continue reading "An Important Amendment to Take Effect Under New York Labor Law" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Compensation, Wages and Overtime

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