A settlement of male-on-male same gender discrimination claim by the United States Equal Employment Opportunity Commission (EEOC) highlights an apparent growing trend of same sex discrimination claims. The EEOC announced settlement of a male-on-male sexual discrimination suit against the owners of Sparks Steakhouse in New York City. In 2009, the...
In a case involving a question of great importance to New York’s hospitality industry, the United States Court of Appeals for the Second Circuit found New York law is unclear as to (1) what degree of supervisory responsibility renders an employee an “agent” of an employer ineligible for tips under...
In a decision of first impression, Judge J. Paul Oetken of the United States District Court for the Southern District of New York agreed with arguments advanced by RPL on behalf of client Phillip Leshinsky that the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) applied retroactively to...
By a 4 to 1 vote, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued updated enforcement guidance under Title VII of the federal anti-discrimination laws on the use of arrest and conviction records in the hiring process (“Guidance”). Enforcement Guidance on Consideration of Arrest and Conviction Records in...
Recent layoffs at Dewey & LeBeouf LLP have highlighted the federal worker protection under the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2102, et seq., or WARN Act. (Some states, including New York, have enacted respective WARN acts, which differ in some aspects from federal law.) Enacted...
By Neil Patrick Parent We have been tracking Christopher v. SmithKline Beecham Corp., currently before the United States Supreme Court, a case involving whether or not pharmaceutical sales representatives (or “detailers” as they have traditionally been known in the industry), are eligible for overtime wages for hours worked in excess...
Reavis Parent Lehrer LLP won a significant victory on behalf of its client Vandegrift Forwarding Company, Inc. (“Vandegrift”) when Judge Dora Irizarry of the United States District Court for the Eastern District of New York dismissed a complaint asserting claims under the federal Employee Retirement Income Security Act, commonly known...
The U.S. Department of Labor published a notice of proposed rulemaking today concerning the extension of minimum wage and overtime protections to almost two million caretakers who provide in-home care services to the infirm and elderly. Members of the public may comment on the notice of proposed rulemaking at www.regulations.gov...
In the July/August 2011 issue of 'The Financial Manager', RPL partner Nicole Page published an article titled, "The Worker Identity Crisis." In the article, Ms. Page provides information and advice on the current state and federal guidelines in classifying workers. Government agencies at both the state and federal level are...
The U.S. Department of Labor has announced the availability of a Smartphone application designed to help workers keep track of their work hours and the amount of wages they are owed. Compatible with the iPhone and iPod Touch, this free application (which is available in English and Spanish) helps users...