On May 9, 2025, Governor Hochul signed a budget bill into law that includes an amendment (“the Amendment”) to the New York Labor Law (NYLL)....more
In Guthrie v. Rainbow Fencing Inc., 113 F.4th 300 (2d Cir. 2024), the Second Circuit weighed in on a brewing dispute among New York district courts as to whether (and how) a plaintiff’s allegations may establish Article III...more
10/23/2024
/ Article III ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
New York ,
Putative Class Actions ,
Standing ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Wage Theft
On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law...more
On December 6, 2019, the Second Circuit Court of Appeals held that judicial approval is not required for offers of judgment to settle Fair Labor and Standards Act (“FLSA”) claims made pursuant to Federal Rule of Civil...more
Upsetting what many considered settled precedent, a California Court of Appeal has held that a mandatory service charge may qualify as a “gratuity” under California Labor Code Section 351 that must be distributed to the...more
11/13/2019
/ Appeals ,
Breach of Implied Contract ,
Corporate Counsel ,
Distribution Rules ,
Employer Liability Issues ,
Employment Litigation ,
Food Service Workers ,
Labor Code ,
Labor Regulations ,
Putative Class Actions ,
Service Charges ,
Statutory Interpretation ,
Statutory Violations ,
Tips ,
Unjust Enrichment ,
Wage and Hour
The first quarter of 2018 has already stirred up an array of legal matters that employers in the hospitality industry should be conscious of, both in their day-to-day operations and long-term planning. In February alone, the...more
3/30/2018
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Change of Ownership ,
Department of Labor (DOL) ,
Disability Access Claims ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Pilot Programs ,
Hospitality Industry ,
Proposed Legislation ,
Restaurant Industry ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Wage and Hour