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Small Claims? Low Recovery? Big Fees!

Seyfarth Synopsis: The Second Circuit held that attorneys’ fee awards in FLSA settlements are not limited by principles of “proportionality” between the fees and the amount of the settlement or subject to a 1/3 cap....more

Second Circuit: No Court Review Needed for FLSA Settlements by Offer of Judgment

Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval.  The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more

New York Minimum Wage and Salary Threshold for Exempt Employees Set to Increase

Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2019....more

Keeping it Local: Another Court Denies FLSA Conditional Certification Due to Lack of Personal Jurisdiction

Seyfarth Synopsis: Furthering a recent trend, a judge in the District of Massachusetts denied a motion for conditional certification because there was no personal jurisdiction over non-Massachusetts entities with respect to...more

A Day Late and Potentially Many Dollars Short: NY Appellate Court OK’s Liquidated Damages in Late Payment Case

Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more

Court Holds That NY’s Prohibition of Arbitration Agreements Is Preempted by Federal Law

Seyfarth Synopsis: A new decision in the Southern District of New York held that the N.Y. prohibition of mandatory, pre-dispute arbitration of sexual harassment claims is preempted by the Federal Arbitration Act....more

NYS Puts Brakes on Expansive Call-in Pay Reform

Seyfarth Synopsis: The NYSDOL recently announced that it will no longer pursue regulations that, if adopted, would have required most NYS employers to provide call-in pay to employees for hours they do not work under a...more

New York Extends Wage Deduction Rules

Seyfarth Synopsis: New York’s expanded list of permissible wage deductions has been extended until 2020. ...more

What Will Be New In New York In The New Year?

Seyfarth Synopsis: Democrats now control both houses of the New York Legislature as well as the Governor’s office. A host of new employment-related legislation may be in the offing, affecting matters such as wage...more

New York Minimum Wage And Exempt Status Salaries Set To Increase Again, But Wage Deduction Rules May Expire

Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2018, with large employers in New York City being the first to hit...more

New York State Releases Final Anti-Sexual Harassment Materials

Seyfarth Synopsis: In compliance with legislation passed earlier this year, New York State has released the final model sexual harassment policy and complaint form, the model training materials, and FAQs, which provide...more

New York State Releases The Draft Model Anti-Sexual Harassment Policy, Training, and Complaint Form

Seyfarth Synopsis: In compliance with the New York State Anti-Sexual Harassment legislation passed earlier this year, the Office of Governor Andrew M. Cuomo has released drafts of the model sexual harassment policy, training...more

New York City Commission On Human Rights Publishes Sexual Harassment Poster And Information Sheet

Seyfarth Synopsis: The Commission has published the sexual harassment poster and information sheet mandated under the “Stop Sexual Harassment in NYC Act.” Employers must display the poster, and distribute the information...more

Shifty Business VII: NYC Releases Temporary Schedule Change Law Model Notice and FAQs

The New York City Department of Consumer Affairs has released a model Notice of Employee Right and Frequently Asked Questions regarding its new Temporary Schedule Change Law that went into effect last week. Employers should...more

Shifty Business VI: NYC Temporary Schedule Change Law Effective July 18

Effective July 18, 2018, New York City employers must grant two temporary schedule changes per year to eligible employees for certain qualifying “personal events.” Unlike other bills which were a part of the NYC Fair...more

Don’t Judge A Conditional Certification Motion By Its Cover

A New York federal court once again denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. ...more

Recent New York State and New York City Anti-Sexual Harassment Legislation: Now What?

Seyfarth Synopsis: New York Governor Andrew M. Cuomo and New York City Mayor Bill de Blasio have each signed new laws designed to combat workplace sexual harassment. Together, these new laws have resulted in sweeping...more

Following State’s Lead, New York City Council Passes “Stop Sexual Harassment in NYC Act”

Seyfarth Synopsis: The New York City Council has passed, and Mayor Bill de Blasio is expected to sign, a package of eleven bills—together referred to as the Stop Sexual Harassment in NYC Act—that will require most private...more

In a Nod to the #MeToo Movement, New York Legislature Passes Comprehensive Anti-Sexual Harassment Legislation

Seyfarth Synopsis: The New York Legislature has passed, and Governor Andrew M. Cuomo is expected to sign, a bill that will, among other things, prohibit all employers from requiring employees to arbitrate claims of sexual...more

NY Attorney General “PAID” Lip Service To DOL Initiative

Seyfarth Synopsis: The U.S. Department of Labor has announced the launch of the Payroll Audit Independent Determination program—or “PAID”— to facilitate the resolution of overtime and minimum wage claims under the FLSA...more

Shifty Business V: New NYC Law Allows Employees To Request Temporary Schedule Changes; Comment Period For NYS Call-In Pay Rules...

Seyfarth Synopsis: A new NYC law entitles employees to two temporary schedule changes per year for certain personal events. Separately, the comment period for call-in pay rules proposed by the State DOL has been extended to...more

DOL Bids Adieu to Six-Factor Internship Test

Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more

NY Governor Signals “Tipping” Point Over Elimination Of Minimum Wage Tip Credit

Seyfarth Synopsis: Governor Andrew Cuomo has directed the Commissioner of Labor to schedule public hearings to address the possibility of eliminating the tip credit. A tip credit allows an employer to pay less than minimum...more

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more

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