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Blog

January 2018

Labor Department adopts primary beneficiary test for interns

On behalf of Egan Law Firm, LLC on Monday, January 29, 2018

The primary beneficiary test emphasizes a seven-factor test that was first elucidated by the U.S. Court of Appeals for the Second Circuit. It is non-exhaustive and requires all factors to be considered overall, with none being determinative. These factors include the understandings of the parties, the type of training provided, the connection to formal education,… Read more »

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FLSA defense based on failure to mitigate damages

On behalf of Egan Law Firm, LLC on Wednesday, January 24, 2018

The case of a disgruntled ferry boat operator in another state illustrates a potential defense strategy for employers in New York confronted by accusations of retaliatory discharge. Someone citing the Fair Labor Standards Act when suing a former employer could pursue damages that include back pay, front pay while unemployed, legal costs and reinstatement to… Read more »

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Federal appeals court allows arbitration for FLSA claims

On behalf of Egan Law Firm, LLC on Monday, January 22, 2018

A decision from the U.S. Court of Appeals for the 2nd Circuit, which includes New York, has affirmed the legality of employer-imposed arbitration requirements for claims involving the Fair Labor Standards Act. Although a previous ruling from the 2nd Circuit had required court supervision of settlements reached through arbitration, the panel of judges did not… Read more »

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How employers should handle sexual harassment reports

On behalf of Egan Law Firm, LLC on Tuesday, January 16, 2018

With sexual harassment frequently in the news, some employers may wonder if they are taking sufficient measures to protect themselves if an employee alleges that harassment is taking place. There are several dos and don’ts for employers in addressing sexual harassment in the workplace. First, employers need to have a sexual harassment policy. Employees should… Read more »

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Poll finds disagreement on sexual harassment definition

On behalf of Egan Law Firm, LLC on Wednesday, January 10, 2018

Sexual harassment in the workplace has become a major issue with film producer Harvey Weinstein facing allegations and a “me too” hashtag on social media in which people recount their own experiences with being sexually harassed. Among employees, there could be disagreement about what constitutes sexual harassment, and this could lead to problems for New… Read more »

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