I do a lot of prevailing wage defense, both of general contractors and subcontractors on construction projects. A difficult, very nuanced, very gray area of the law. One danger that
Continue Reading In Prevailing Wage Cases, Going Upstream Just Got Easier, At Least In New York: A Coming Trend?
New York
The Best Defense is a Strong Offense
Jonathan Ash writes:

In what amounts to a victory for all employers throughout the State of New York, the…
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Human Resource Managers, Personnel Clerks And The Administrative Exemption: Where Is The Line Drawn?
Here is another exemption misclassification lawsuit, but this time coming from a different angle. This time, it is a group of human resources employees who work for Lowe’s have filed…
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No Soup for You, Part II: An Attorney’s Claim of Retaliation for Being Banned by a Business He Filed a Lawsuit Against
In November we reported on Wigdor v SoulCycle, which had been filed in New York Supreme Court, New York County. In that action a well-known plaintiff’s attorney, Douglas Wigdor,…
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Settlement Agreements in FLSA Cases Must Pass Judicial Scrutiny
It is no secret that most FLSA class action lawsuits settle. The costs of litigation, the fee shifting nature of the statute, plus the fact that oftentimes the merits/defenses are…
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Proposed Big Hike In New York Minimum Wage Would Have Untoward Effects
I posted last week on the issue of raising the minimum wage for tipped workers in New Jersey, but that State is not alone in these efforts. There are a…
Continue Reading Proposed Big Hike In New York Minimum Wage Would Have Untoward Effects
Commissions: How Do They Work?
Sales employees are generally compensated with commission compensation structures. Sometimes a commission is paid in addition to a salary, other times its paid instead of salary. The tech industry employs…
Take Me Out to the Ballgame – Yankee Stadium Concession Workers Want A Share of Mandatory Service Charges
On May 9, 2011, a group of Yankee Stadium food service workers filed a complaint in the Southern District of New York alleging that the stadium’s concession providers withheld tips…
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Crackdown on Allegedly Misclassified Independent Contractors Continues: New York Joins The Club
In an October 28, 2010 posting in the New York Labor and Employment Report, Joseph Dole comments on a new law that took effect in New York State on October…
Continue Reading Crackdown on Allegedly Misclassified Independent Contractors Continues: New York Joins The Club