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New York Employment Law

New York Employment Law Blog

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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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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Google wins temporary respite in gender discrimination case

On behalf of Egan Law Firm, LLC on Monday, December 18, 2017

New York residents may be aware that the internet search giant Google has been accused of racial and sexual discrimination and nurturing a workplace environment hostile to women and minorities. The technology company won a victory of sorts on Dec. 4 when a San Francisco Superior Court judge dismissed a class action lawsuit brought on… Read more »

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Man’s wage and hour claim falls flat

On behalf of Egan Law Firm, LLC on Wednesday, December 13, 2017

The federal Fair Labor Standards Act is a complex law that governs most employers in New York. Employers are required to comply with its wage and hour provisions and to pay a minimum hourly wage to their statutory, non-exempt employees. Workers sometimes file claims against their employers, alleging that the employers have violated the overtime… Read more »

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Exec producer of “The Flash” fired for sexual harassment

On behalf of Egan Law Firm, LLC on Thursday, December 7, 2017

New Yorkers are likely aware of the numerous powerful men who have recently been accused of sexual harassment. According to reports, Andrew Kreisberg, the executive producer of such shows as “The Flash” and “Arrow,” has been terminated from his job by Warner Bros. Entertainment after the company’s investigation into sexual harassment allegations that were lodged… Read more »

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How companies can best respond to sexual harassment claims

On behalf of Egan Law Firm, LLC on Monday, December 4, 2017

How New York employers and others throughout the country handle sexual assault allegations could play a role in how the case proceeds. Companies that take such complaints seriously may limit their liability as well as the potential for backlash against the brand. The first step that a company may want to take is to hire… Read more »

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How to pay workers when the weather is bad

On behalf of Egan Law Firm, LLC on Tuesday, November 28, 2017

New York residents tend to celebrate the holidays with food and family. However, they may also celebrate with a fresh coat of snow on the ground. In some cases, the snow makes it impossible to operate a business. If an employer decides to close because of bad weather, exempt employees are generally still entitled to… Read more »

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