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Wage/Hour Issues

On May 4, 2017, New York City Mayor Bill de Blasio signed Introduction 1253-2016, a Local Law law that prohibits all NYC employers from inquiring about a prospective employee’s salary history. It takes effect 180 days after enactment. The Mayor underscored the purpose of the law, namely, stamping out income inequality: It is unacceptable that […]

In a lawsuit filed on Sept. 26, 2016, captioned Johnson v. Haagen-Dazs Shoppe Co., Inc., plaintiff alleges, among other things, that plaintiff “was subjected to repeated unwanted verbal and physical sexual harassment by the store manager and his direct supervisor”, defendant Kevin Hickman. The complaint alleges, for example, that Hickman frequently sent plaintiff “sexually explicit text messages […]

NYC recently passed, with 51 votes, the “Freelance Isn’t Free Act“, which offers significant wage protections to freelance workers. The law becomes effective on May 15, 2017. The New York City Council provides the following summary of the law, which is codified at newly-added chapter 10 to Title 20 of the Administrative Code of the […]

In Laboy v. Office Equip. & Supply Corp., No. 15-cv-3321, 2016 WL 5462976 (S.D.N.Y. Sept. 29, 2016), a race discrimination and unpaid wages lawsuit, the court entered judgment in plaintiff’s favor following defendants’ default. The facts, in sum/part, taken from plaintiff’s complaint: [Defendants Michael] Prince and [Steven] Maglio referred to Laboy and other dark skinned […]

In a recently-filed Manhattan federal court complaint, captioned Davy v. Darren Davy (SDNY 16-07083), plaintiff Angela Maria Puerta – a nanny and housekeeper who worked for defendants Darren Davy and Asmaa Davy – asserts claims of unpaid wages, hostile work environment, and unlawful termination. From the complaint: 1. For more than two years, [plaintiff] worked […]

The New York City Council has proposed a Local Law was proposed “to amend the administrative code of the city of New York, in relation to prohibiting employers from inquiring about or relying on a prospective employee’s salary history.” From the summary: This bill would prohibit employers from inquiring about a prospective employee’s salary history during […]

In Santana v. Latino Express Restaurants, Inc., No. 15CV4934-LTS, 2016 WL 4059250 (S.D.N.Y. July 28, 2016), the court found that plaintiff established her sexual harassment, unpaid wage, and retaliation claims following defendants’ default. The facts: Approximately one or two weeks after Santana started working at the Restaurant, [defendant Tommy] Pimental [the restaurant’s co-owner and manager and […]

In Deluca v. Sirius Xm Radio, Inc., No. 12-CV-8239, 2016 WL 3034332 (S.D.N.Y. May 27, 2016), an employment discrimination case, plaintiff alleged that “she was paid less than her male peers, that she was removed from her supervisory authority, and that she was subjected to anti-gay slurs in the workplace.” To flesh out her claims, […]

In Motta v. Glob. Contract Servs. Inc., No. 15 CV 8555 (LGS), 2016 WL 2642229 (S.D.N.Y. May 4, 2016), the court dismissed plaintiff’s retaliation and discriminatory pay claims as insufficiently pled. While the court held that the complaint was deficient, its decision is nevertheless instructive as to what must be alleged in order to survive a […]

In Tulino v. City of New York, No. 15-CV-7106 (JMF), 2016 WL 2967847 (S.D.N.Y. May 19, 2016), the court held that plaintiff sufficiently alleged a gender-based hostile work environment claim under the NYC Human Rights Law. In her amended complaint, plaintiff alleged (among other things) that defendant “created and perpetuated a culture that essentially required female […]