Affirming a 2013 district court ruling discussed in detail here, in a summary order the Court of Appeals for the Second Circuit held that Eastern District of New York Magistrate Judge Joan M. Azrack did not err in finding that home attendants employed by a not-for-profit agency who provided personal care services to City
second circuit
Supreme Court Declines Catsimatidis’ Invitation To Review FLSA Liability
By Noel P. Tripp on
Posted in Coverage, New York State
Though the high court recently has accepted other petitions for certiorari on FLSA issues, today the Court declined Gristede’s owner and former NYC mayoral candidate John Catsimatidis’ request that the Court take up his case and review the imposition of individual liability imposed by the Second Circuit. Catsimatidis v. Irizarry, 2014 U.S.…
Supreme Court Accepts FLSA Certiorari Petition Regarding Pay for “Security Screening”
By Noel P. Tripp on
Posted in Hours of Work
The Supreme Court agreed today to hear a case involving application of the Portal-to-Portal Act to employees who claim they should be compensated for time spent undergoing security screenings used to prevent employee theft. Integrity Staffing Solutions, Inc. v. Busk, Case No. 13-433. The employees allege they were required to undergo security screenings to…
Second Circuit To Issue Important Guidance On Legal Standards Applicable To Unpaid Interns
By Noel P. Tripp on
Recognizing the need to provide clarity to the business community in light of voluminous litigation, the United States Court of Appeals for the Second Circuit recently agreed to hear appeals in the Fox and Hearst intern cases. Glatt v. Fox Searchlight Pictures Inc., Case Number 13-2467, 11/26/13. The Court will examine the different…
Second Circuit Finds Gristede’s Owner to Be Individually Liable “Employer” Under FLSA
By Noel P. Tripp on
Reviewing a district court decision issued two years ago, the United States Court of Appeals for the Second Circuit has affirmed a ruling finding John Catsimatidis, the CEO and owner of New York-area grocery chain Gristede’s (and a New York Mayoral Candidate), individually liable for wages under the FLSA based on the “economic realities&rdquo…
District Court Holds As A Matter of Law That Home Attendants Are Not Jointly Employed By New York City
By Noel P. Tripp on
Posted in Coverage
Allegations of joint employment under the FLSA and other employment laws typically flow from control allegedly exercised by the purported “joint employer” over the primary employer and/or its employees. In a recent opinion rejecting such allegations, Magistrate Judge Joan Azrack of the United States District Court for the Eastern District of New York granted summary judgment…
Second Circuit Affirms Dismissal of Bloggers’ Compensation Suit
By Noel P. Tripp on
Posted in Coverage
Following appeal of a New York trial court decision issued last spring, the Second Circuit has rejected three Huffington Post (the “Post”) bloggers’ claims to recover $105 million allegedly owed to them and the Post’s other bloggers under theories of unjust enrichment and deceptive business practices. Tasini, et al. v. AOL, Inc., et al.…
Second Circuit Asks New York Highest Court for Clarity As To Who May Participate In a Tip Pool
By Noel P. Tripp on
Posted in New York State, Tips and Tipped Employees
Under New York law, a customarily tipped employee cannot be forced to share tips with an employer or its “agent”. In 2009, a New York federal judge ruled that Starbucks did not violate the New York Labor law (specifically Section 196-d) by permitting shift supervisors at New York Starbucks to receive tips from the coffee…
Second Circuit Affirms Applicability of Executive Exemption to Warehouse Captains
By Noel P. Tripp on
Posted in Exemptions
Last year, in a decision discussed here, District Court Judge Richard Berman of the Southern District of New York determined that warehouse captains for defendant Baldor Specialty Foods qualified for the executive exemption under both federal and New York state law, because their duties were “clearly managerial.” Ramos v. Baldor Specialty Foods, Inc.…
New USDOL Fact Sheet Discusses FLSA Retaliation
By Noel P. Tripp on
Posted in Department of Labor, Retaliation
Reflecting the Supreme Court’s 2011 decision regarding the scope of protected activity under the FLSA, the U.S. Department of Labor has issued Fact Sheet 77A, summarizing the Department’s view of the FLSA’s anti-retaliation provision. Simultaneously, the Department also issued fact sheets addressing retaliation under the FMLA and the Migrant and Seasonal Agricultural Worker…