New York Employment Attorney Blog

Massachusetts Attorney General Recovers $3 Million from FedEx Ground

Mon, 19 Jul 2010 18:23:16 -0500

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.

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

Mon, 19 Jul 2010 17:49:46 -0500

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.

Second Circuit Court of Appeals Holds that Pharmaceutical Sales Representatives Were Entitled to Overtime Pay

Wed, 07 Jul 2010 10:45:10 -0500

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.

Department of Labor Issues Guidelines on Unpaid Internships

Tue, 25 May 2010 11:27:28 -0500

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.

The Healthy Workplace Bill: Will New York State Prohibit Workplace Bullying?

Tue, 25 May 2010 11:15:00 -0500

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.

Mortgage Loan Officers Are Not Exempt From the FLSA's Overtime Rules

Wed, 21 Apr 2010 17:58:33 -0500

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.

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

Wed, 03 Mar 2010 15:38:39 -0500

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).

Second Circuit Considers Academic Requirements for FLSA Professional Exemption

Sat, 20 Feb 2010 00:58:41 -0500

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.

EEOC Releases 2009 Charge Statistics

Thu, 07 Jan 2010 16:52:33 -0500

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.

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

Fri, 27 Nov 2009 22:51:12 -0500

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.

Congress Poised to Overturn Supreme Court's Recent Case on Age Discrimination

Wed, 04 Nov 2009 08:51:00 -0500

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.

An Important Amendment to Take Effect Under New York Labor Law

Tue, 13 Oct 2009 22:09:17 -0500

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.

Student Interns Cannot Work for Free

Tue, 29 Sep 2009 18:52:08 -0500

Many students accept unpaid jobs with the belief that the work experience is the ultimate payoff. However, with the current economic recession, students cannot afford to work for free, and believe it or not, free student labor is against the law.

U.S. Court of Appeals for the 2nd Circuit Holds Employer Liable for Age Discrimination Based on its Contractor's Conduct

Sat, 12 Sep 2009 22:26:45 -0500

On September 10, 2009, the U.S. Court of Appeals for the Second Circuit, which covers New York, Connecticut and Vermont, held that an employer may be held liable for age discrimination based upon the acts of others, including its independent contractors. According to the court, an employer can be held liable for the acts of independent contractors if the independent contractor is acting on behalf of the employer.

New York Increases Damages Potential for Workers with Amendment to New York Labor Law

Fri, 11 Sep 2009 22:22:33 -0500

On August 26, 2009, the New York State legislature amended the damages provision of New York's "Payment of Wages" law, set forth in Article 6 of the Labor Law. Among other things, the amendment modifies the standard for recovering the 25% liquidated damages authorized by section 198 of the Labor Law.