A recent study has concluded that racial discrimination is 38% worse in the advertising industry than in the overall labor market. In light of the fact that the advertising industry is traditionally perceived to be based in New York City, cases against advertising agencies alleging racial discrimination will undoubtedly increase in New York state and federal courts.
In recent years, employees in the restaurant industry have sued employers for wage and hour violations under the federal Fair Labor Standards Act and New York’s Labor Law, alleging that they were required to share their tips with managers and others, who do not customarily receive tips directly from customers. Although the FLSA and New York’s Minimum Wage Order for the Restaurant Industry permit tip pooling, employers are not permitted to include participants in the pool, who are not of the type expected to receive tips.
Following an investigation by the New York State Department of Labor, New York’s Amish Market, Zeytinia, Zeytinz and Zeytuna, which provide “on the go” gourmet cuisine to their customers, agreed to pay almost $1.2 million to resolve New York minimum wage and overtime pay law violations.