An administrative ruling out of New York state found that, under certain conditions, Uber drivers may be entitled to state unemployment benefits. The NYS Department of Labor (DOL) ruled that two Uber drivers were eligible for weekly jobless benefits. This represents the first time that a state government determined that
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States Sue The U.S. Department of Labor To Stop New Overtime Rules
Twenty-one states have joined together in suing the U.S. Department of Labor (DOL) in the hopes of halting the imminent implementation of its new overtime rule, which they claim is unconstitutional and fiscally unsustainable. Starting December 1, the DOL’s new overtime rule mandates time-and-a-half overtime be paid by public and
Continue readingFox Sues Netflix For Poaching Key Employees: Tortious Interference Law
Media giant Fox filed a lawsuit against Netflix claiming it has been damaged by Netflix’s aggressive and improper campaign to unlawfully target, recruit, and poach valuable Fox executives by inducing them to break their employment contracts. The claim that Fox will attempt to articulate is called tortious interference. The elements of
Continue readingThe Most Common Ways NY Small Businesses Land In Court & Ways To Avoid The Court Room
Everyday, New York small businesses are served with lawsuits that could have been avoided had they implemented some simple practices that help avoid the court room. On average, a business with revenues of $1 million per year will spend about 2%, or about $20,000, per year in legal fees. That
Continue readingNew York City Forcing Certain Employers To Sign “Labor Peace” Agreements
New York City is trying to force certain employers to sign “labor peace” agreements with unions. Last month, NYC Mayor Bill de Blasio issued an executive order requiring property developers receiving at least $1 million in “financial assistance” to require any large retail and food service tenants on the premises
Continue readingNLRB Judge Rules Chipotle Is Liable For Labor Violation For Enforcing “Unlawful” Social Media Policy
This week, the National Labor Relations Board (NLRB) ruled that Chipotle Mexican Grill had an “unlawful” social media policy that violated the National Labor Relations Act (NLRA). According to published reports which detail the facts of this particular case, the dispute stems from charges filed on the worker’s behalf by the
Continue readingProposed Change to NYC Hiring Practices Intended To Tackle Wage Inequity
A proposed change to New York City local law seeks to make certain customary hiring practices illegal for employers in New York City. This week, the NYC Office of Public Advocate introduced proposed legislation that would make it illegal for employers to inquire into a job applicant’s wage history during
Continue readingNY’s Family Leave Law: What It Means For NY Small Businesses
Earlier this year, New York enacted the NY Family Leave Law, which mandates NY businesses, including small businesses, to provide family leave for most employees. This article is part of our ongoing series of laws that NY small business owners should consider. Under the new law Family Leave Law in New
Continue readingPrivate Settlements of Federal and New York Fair Labor Claims: Cheeks v. Freeport Pancake House
Several federal district courts and federal circuit courts of appeals – including those affecting New York – have issued decisions characterized by many attorneys as overly-protective toward plaintiffs in Fair Labor Standards Act (FLSA) cases. In Cheeks v. Freeport Pancake House, an employee brought a claim for overtime wages against
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