Tag Archives: labor law

New Hampshire Repeals Minimum Wage Law

In keeping with the State’s “Live Free or Die” motto, the New Hampshire legislature last week took the unusual step of repealing the State’s minimum wage law.  This action, supported by Republican legislators seeking to eliminate what they consider “job killing” regulations, has little practical effect, as the repealed New Hampshire minimum wage was harmonized … Continue Reading

There Is No Personal Liability For Wage and Hour Violations: Is There?

Business owners, supervisors and managers performing services for corporate entities often believe that liability for wage and hour violations can be imposed solely on the incorporated entity.  To the contrary, as demonstrated by a recent New York Federal Court decision, various theories support individual liability under both federal and, in this case, New York State law. … Continue Reading

Another New York Federal Court Compels Arbitration of Individual Claims

In the Second Circuit, employees generally can waive their right to bring a class or collective action as long as the cost of arbitrating the case on an individual basis is not cost-prohibitive  and does not “remov[e] the plaintiff’s only reasonably feasible means of recovery.”  See In Re American Express Merchants’ Litigation, 554 F.3d 300 … Continue Reading

Supreme Court Expands Relief Available in New York State Law Class Actions Filed In Federal Court

The Supreme Court dealt a blow to New York wage-and-hour defendants sued in federal court last week, overruling established precedent requiring plaintiffs bringing New York Labor Law (“Labor Law”) class actions in federal court to waive the 25% liquidated damages “penalty” in order to proceed on a class basis.  In Shady Grove Orthopedic Assocs., P.A. … Continue Reading

SDNY Judge Holds That Express Language In Offer Letter Precludes Bonus Claims

While in New York all employees are at-will absent contractual language to the contrary, an employer may (intentionally or unintentionally) create a “contract” with an employee governing certain terms of employment (such as bonus compensation) without destroying the at-will nature of employment.  Properly drafted and agreed upon, such a contract can preclude employees from later … Continue Reading
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