Wage & Hour Issues

The New York City Council has enacted a Local Law (No. 2022/032), which will prohibit employers from posting job listings without minimum and maximum salary information. The Council provides the following summary: This bill would make it an unlawful discriminatory practice to not include in job listings the minimum and maximum salary offered for any…

Read More New NYC Law to Require Disclosure of Minimum/Maximum Salary Range
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Today, August 20, 2021, New York’s Governor signed a new law, S858, which closes a loophole in New York’s Labor Law relating to wage theft. Specifically, the law amends New York Labor Law sections 193 and 198. Previously, the law prevented certain “deductions.” However, there was ambiguity as to whether a complete failure to pay…

Read More NY Governor Signs Bill Closing “Wage Theft” Loophole
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In Cano v. Cherry Lawn Farms, Inc. et al, No. 19-9469, 2021 WL 2481489 (S.D.N.Y. June 17, 2021), the court denied (without prejudice) the parties’ application to approve, in accordance with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), a settlement agreement resolving plaintiff’s claims for unpaid wages in violation of…

Read More FLSA Settlement Disapproved, Based on One Provision Regarding Additional Claims
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A recent New York law, titled the No Wage Theft Loophole Act (A1893/S858), recently passed the Senate and Assembly (and, as of this writing, June 2, 2021, is awaiting signature by the Governor). Its stated purpose is “[t]o clarify that Article 6 of New York’s Labor Law completely and without exception prohibits lack of distribution of…

Read More “No Wage Theft Loophole Act” Amends New York Labor Law
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In Riggi v. Charlie Rose Inc., No. 159167/2019, 2021 WL 2141358 (N.Y. Sup Ct, New York County May 21, 2021), the court dismissed plaintiff’s claims asserted under New York Labor Law § 198 claims. Specifically, NYLL § 198-c requires “any employer who is a party to an agreement to pay … benefits or wage supplements…

Read More NY Labor Law Wage Claims Dismissed Against Charlie Rose, Inc. Under Law’s “Professional” Exception
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In Brightman v. Physician Affiliate Group of New York, P.C. et al, 2021 WL 1999466 (S.D.N.Y. May 19, 2021) the court, inter alia, denied (in part) defendants’ motion to dismiss plaintiff’s sex discrimination claims. From the decision: At the motion to dismiss stage, Brightman plausibly alleges Title VII and NYSHRL sex discrimination claims arising from…

Read More Pay Discrimination Claims Survive, in Part, Against Physician Affiliate Group of New York
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In Albertin v. Nathan Littauer Hospital and Nursing Home, 2021 WL 1742280 (N.D.N.Y. May 4, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of overtime violations under the Fair Labor Standards Act (FLSA) and interference and retaliation under the Family and Medical Leave Act (FMLA). In this post, I…

Read More Overtime, FMLA Claims Survive Summary Judgment Against Upstate Hospital
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In a recent Order, captioned Bolanos v. Tanieka Misa Hooten, 21-cv-336 (SDNY Feb. 11, 2021) – a case in which plaintiff asserts a violation of New York City’s “Freelance Isn’t Free Act” (codified at N.Y.C. Admin. Code § 20-927 et seq) – the U.S. District Court for the Southern District of New York granted defendant’s motion…

Read More Court Dismisses “Freelance Isn’t Free Act” Case For Lack of Subject Matter Jurisdiction
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