In Schiferle v. Capital Fence Co., Inc., 2017 NY Slip Op 07059 (App. Div. 4th Dept. Oct. 6, 2017), the court held that “a wage claimant may, in certain circumstances, validly waive their statutory right to attorney’s fees under [Labor Law §] 198.” The court held that those circumstances were present here. From the decision: Plaintiff ……
Read More Court Holds That Statutory Attorney Fees May Be Waived in ArbitrationIn Dineley v. Coach, Inc., No. 16CV3197 (DLC), 2017 WL 2963499 (S.D.N.Y. July 11, 2017), the court (inter alia) held that an executive assistant was not entitled to overtime under the Fair Labor Standards Act or the New York Labor Law, because she was subject to the “administrative” exemption under the statutes. That exemption –…
Read More Executive Assistant Fell Within Wage Laws’ Administrative Exemption; Not Entitled to OvertimeOn May 4, 2017, New York City Mayor Bill de Blasio signed Introduction 1253-2016, a Local Law law that prohibits all NYC employers from inquiring about a prospective employee’s salary history. It takes effect 180 days after enactment. The Mayor underscored the purpose of the law, namely, stamping out income inequality: It is unacceptable that…
Read More Mayor de Blasio Signs Law Prohibiting Salary InquiriesIn a lawsuit filed on Sept. 26, 2016, captioned Johnson v. Haagen-Dazs Shoppe Co., Inc., plaintiff alleges, among other things, that plaintiff “was subjected to repeated unwanted verbal and physical sexual harassment by the store manager and his direct supervisor”, defendant Kevin Hickman. The complaint alleges, for example, that Hickman frequently sent plaintiff “sexually explicit text messages…
Read More Same-Sex Sexual Harassment Lawsuit Against Haagen Dazs FranchiseeNYC recently passed, with 51 votes, the “Freelance Isn’t Free Act“, which offers significant wage protections to freelance workers. The law becomes effective on May 15, 2017. The New York City Council provides the following summary of the law, which is codified at newly-added chapter 10 to Title 20 of the Administrative Code of the…
Read More NYC Passes the “Freelance Isn’t Free Act”In Laboy v. Office Equip. & Supply Corp., No. 15-cv-3321, 2016 WL 5462976 (S.D.N.Y. Sept. 29, 2016), a race discrimination and unpaid wages lawsuit, the court entered judgment in plaintiff’s favor following defendants’ default. The facts, in sum/part, taken from plaintiff’s complaint: [Defendants Michael] Prince and [Steven] Maglio referred to Laboy and other dark skinned…
Read More Court Awards Damages, Including $25,000 for Emotional Distress, in N-Word Race Discrimination Case Upon Defendants’ DefaultIn a recently-filed Manhattan federal court complaint, captioned Davy v. Darren Davy (SDNY 16-07083), plaintiff Angela Maria Puerta – a nanny and housekeeper who worked for defendants Darren Davy and Asmaa Davy – asserts claims of unpaid wages, hostile work environment, and unlawful termination. From the complaint: 1. For more than two years, [plaintiff] worked…
Read More Nanny/Housekeeper’s Wage/Hour, Hostile Work Environment, Unlawful Termination Allegations Against Darren & Asmaa DavyThe New York City Council has proposed a Local Law was proposed “to amend the administrative code of the city of New York, in relation to prohibiting employers from inquiring about or relying on a prospective employee’s salary history.” From the summary: This bill would prohibit employers from inquiring about a prospective employee’s salary history during…
Read More Proposed Legislation Aims to Prohibit Salary History InquiriesIn Santana v. Latino Express Restaurants, Inc., No. 15CV4934-LTS, 2016 WL 4059250 (S.D.N.Y. July 28, 2016), the court found that plaintiff established her sexual harassment, unpaid wage, and retaliation claims following defendants’ default. The facts: Approximately one or two weeks after Santana started working at the Restaurant, [defendant Tommy] Pimental [the restaurant’s co-owner and manager and…
Read More Sexual Harassment, Hostile Work Environment, Retaliation, and Unpaid Wage Claims Established Against Latino Express RestaurantsIn Deluca v. Sirius Xm Radio, Inc., No. 12-CV-8239, 2016 WL 3034332 (S.D.N.Y. May 27, 2016), an employment discrimination case, plaintiff alleged that “she was paid less than her male peers, that she was removed from her supervisory authority, and that she was subjected to anti-gay slurs in the workplace.” To flesh out her claims,…
Read More Court Orders Pre-Statute of Limitations “Comparator” Discovery in Gender Pay and Sexual Orientation Discrimination Lawsuit Against Sirius XM Radio