Ensuring contracts and agreements reflect when incentive compensation – usually “commissions” – is earned is of paramount importance to New York employers who wish to maximize their rights, as evidenced by a recent decision from New York County Supreme Court Justice Ellen M. Coin. Sherwin v Mestel & Co. N.Y., LLC, 2014 N.Y. Misc.
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Second Circuit Reaffirms Prior Ruling Regarding Davis Bacon Contract Claims
By Noel P. Tripp on
Posted in Coverage
In 2003, the United States Court of Appeals for the Second Circuit (which encompasses New York) ruled that workers on projects covered by the federal Davis Bacon Act could not assert contract claims as alleged “third party beneficiaries” of Davis Bacon construction contracts, as permitting such claims would undermine Congress’ intent in electing not to…
Building Upon Dukes, Supreme Court Imposes Further Limitations on Certification of Rule 23 Class Actions
By Noel P. Tripp on
Posted in Class Actions
While this blog’s focus generally is on the substantive provisions of the Fair Labor Standards Act and state wage-and-hour laws, due to the prevalence of class action litigation, it is sometimes necessary to address procedural issues of importance to wage and hour litigation, such as arbitration agreements. Another important procedural facet of many wage-and-hour litigations…
New York Federal Court Holds That Standard Waiter Attire Is Not A “Uniform” Under Prior New York Regulations
By Noel P. Tripp on
Posted in Minimum Wage, New York State
Effective January 1, 2011, the New York Department of Labor promulgated a new wage order covering the hospitality industry. However, due to the New York Labor Law’s six year limitations period, litigation continues addressing the propriety of various industry employer practices under the old regulations. In one such case, Judge Thomas J. McAvoy of the Northern…
Wage Theft Prevention Act: Expanded Coverage
By Noel P. Tripp on
Posted in New York State, Recordkeeping
As previously noted here, New York Governor David Paterson has signed into law the Wage Theft Prevention Act. The new law amends the New York Labor Law to create new recordkeeping obligations for employers, as well as significantly greater damages for violations of the Labor Law than previously were available.
An expanded analysis…
New York Enacts State-Wide “Wage Theft” Act
By Noel P. Tripp on
Posted in New York State
On December 13, New York Governor David Paterson signed into law the “Wage Theft Prevention Act,” a bill which provides new and expanded protections for workers under the New York State Labor Law.
Among other provisions, the new law (which takes effect in 120 days) includes the following provisions:
· An increase in the…
New York Construction Industry Misclassification Law Takes Effect – Provisions Include Required Posting
By Noel P. Tripp on
Posted in New York State
As previously discussed here, the New York legislature recently enacted the Construction Industry Fair Play Act. The law is effective tomorrow. In sum, the law provides that an individual providing services in the construction industry only qualifies as an “independent contractor” under the Act, if s/he meets the following test:
(1) [the worker] is free…
Municipal Sick Pay Ordinance Update
By Noel P. Tripp on
Posted in State Wage and Hour Laws
While wage-and-hour compliance programs traditionally focus on FLSA and, as regularly discussed in this space, any applicable state laws, county and municipal governments also have the right to impose additional requirements. See previous post here. Two proposed municipal laws which would mandate that employers provide paid sick leave to employees hit snags last week.
In…