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Wage & Hour Laws

Court rules in favor of 7-Eleven in employment case

On behalf of Egan Law Firm, LLC on Friday, April 20, 2018

Employers in New York and throughout the country may struggle with how to label their workers. In a case filed in the United States District Court for the Central District of California, four 7-Eleven franchisees claimed that they were employees of the company. The case was filed in November 2017, and it claimed that all… Read more »

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New York considers a law to ban after hours work email

On behalf of Egan Law Firm, LLC on Monday, April 9, 2018

Business Insider reports that the city is working on a new law to limit after hours email expectations for employees. The bill would make it illegal to require employees to check email outside of their regular workday, with a fine for offending companies. Requirements vs. expectations While the law is a new angle concerning employee hours… Read more »

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Up-to-date wage payment policies help employers avoid lawsuits

On behalf of Egan Law Firm, LLC on Tuesday, March 13, 2018

Employers in the New York area who do not have up-to-date wage payment policies would do well to give the matter serious thought in light of a recent court case heard in the United States District Court for the Southern District of Indiana. In the case, an employee who worked as branch administrator sued her… Read more »

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Restaurants face growing scrutiny for wage and hour law problems

On behalf of Egan Law Firm, LLC on Thursday, March 8, 2018

Restaurants in New York, especially those that provide delivery services, could benefit from a review of their payment practices. Legal complaints from drivers for pizza restaurants have been on the rise because of alleged violations of the Fair Labor Standards Act. Although the law does not directly state how delivery drivers should be compensated, lawsuits… Read more »

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Court says that workweeks can be used for FLSA calculations

On behalf of Egan Law Firm, LLC on Friday, February 9, 2018

The Fair Labor Standards Act requires most employers in New York and around the country to pay their workers at a rate at least equal to the federal minimum wage, but the landmark 1938 law does not provide clear instructions for calculating wages and hours. Several federal courts have ruled that employers may base these… Read more »

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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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Pitfalls for employers who want to pay in crypto

On behalf of Egan Law Firm, LLC on Wednesday, December 27, 2017

As cryptocurrencies like Bitcoin, Litecoin and Etherium grow in the public consciousness and become more relevant in everyday life, New York employers may have incentives to pay their employees in crypto. Such an action might bring cryptocurrencies further into everyday use and help employers attract tech-savvy personnel. Entrepreneurs and business owners interested in paying employees… Read more »

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