|How to Effectively Handle a Wage and Hour Government Investigation|
Danielle J. Moss, Eric Su, Saima J. Zuberi; Ford & Harrison LLP;
July 28, 2015, previously published on July 21, 2015Executive Summary: According to recent studies, companies paid $400 million in 2014 and $39 million in the first three months of 2015 to settle wage and hour lawsuits exclusively. Aside from the ever-increasing threat of private wage and hour lawsuits, business owners must be knowledgeable and...
|The Tip Credit: Won't Be What It Is Now for New York Employers|
Danielle J. Moss, Eric Su; Ford & Harrison LLP;
March 12, 2015, previously published on February 27, 2015Executive Summary: On February 24, 2015, the Commissioner of Labor accepted the recommendation of the New York State Department of Labor's (NYSDOL) Wage Board (the "Wage Board") for a 50 percent increase in the minimum hourly rate for tipped workers, from $5.00 to $7.50 an hour. As...
|New York State Passes Worker Misclassification Law for Commercial Transportation Industry|
Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 5, 2014, previously published on January 31, 2014On January 10, 2014, New York Governor Andrew Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act), which becomes effective on March 11, 2014. As with the Construction Industry Fair Play Act enacted in 2010 and the more recent partnership between...
|New York Partners with the U.S. Department of Labor to Combat Worker Misclassification|
Sonu Ray, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 5, 2013, previously published on December 3, 2013On November 18, 2013, New York State announced that it is teaming with the U.S. Department of Labor (U.S. DOL) to protect employees against misclassification as independent contractors or other nonemployee statuses. Officials for the U.S. DOL, the New York State Department of Labor (N.Y. DOL), and...
|“There’s a DOL Investigator at My Place of Business ... What Do I Do?” Five Tips on How to Deal When the DOL Comes Knocking|
Oxana Matveeva, P. Kramer Rice, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 22, 2013, previously published on November 14, 2013Every year, the Wage and Hour Division of the U.S. Department of Labor and its state counterparts (which we will collectively refer to here as the “DOL”) amplify their efforts to enforce wage and hour laws, such as the Fair Labor Standards Act, the Davis-Bacon and Related Acts, the...
|Post-Sandy Reconstruction: What Contractors Need to Know When Bidding for and Performing Work|
Dino A. Bovell, Sonu Ray, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 26, 2013, previously published on August 23, 2013As businesses in New York and New Jersey gear up for Superstorm Sandy reconstruction work, they should be keenly aware of the federal wage mandates known as the Davis-Bacon and Related Acts and state wage mandates known as “Little Davis Bacon” statutes. In particular, these businesses...
|Second Circuit Enforces Collective/Class Action Waiver and Upholds Mandatory Arbitration Agreements|
Evan B. Citron, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 23, 2013, previously published on August 19, 2013A recent decision by the Second Circuit Court of Appeals marks a significant victory for employers. Sutherland v. Ernst & Young LLP, which the Second Circuit Court of Appeals decided on August 9, fortifies an employer’s ability to use individual arbitration agreements to avoid wage and...