Wage & Hour Issues

In Lopez v. Advantage Plumbing & Mech. Corp., No. 15-CV-4507 (AJN), 2016 WL 1268274 (S.D.N.Y. Mar. 31, 2016), the court held, among other things, that plaintiffs could amend their complaint to add a national origin discrimination (hostile work environment) claim under the NYC Human Rights Law (but not federal or state law) based on defendants’ “English-only”…

Read More “English Only” National Origin Discrimination Hostile Work Environment Claim Plausibly Alleged Under NYC Human Rights Law

In a recently-filed class action complaint, captioned Suchowieski et al v. Verboten (EDNY 16-cv-01295 filed 3/15/16), plaintiffs allege that Brooklyn nightclub and their owners – Jen Schiffer and her husband, John Perez – committed various acts of wrongdoing against their employees. The complaint alleges, for example, that “[d]efendants’ female employees are subjected to persistent sexual…

Read More Sexual Harassment, Hostile Work Environment, and Wage Lawsuit Against Brooklyn Club Verboten

In a recent complaint, captioned Johnson v. J. Walter Thompson U.S.A., LLC et al, SDNY 16-cv-01805 filed March 10, 2016, plaintiff asserts various employment-related claims – including gender discrimination, race discrimination, hostile work environment, sexual harassment, and retaliation – against J. Walter Thompson and its Chair/CEO Gustavo Martinez. Among the disturbing allegations: Despite Johnson’s success as…

Read More Race/Gender Discrimination, Sexual Harassment, Hostile Work Environment, Retaliation Lawsuit Against J. Walter Thompson and Gustavo Martinez

Nannies (live-in and otherwise) are a prominent feature of many wealthy households, particularly those in New York City. The familial nature of the relationship may blur the line between what is proper and improper conduct. For example, the “workplace” is typically not an office, but rather the employer’s home; negotiations may be held at the kitchen…

Read More Nanny Rights: Special Protections for “Domestic Workers” in New York

In O’Grady v. Bluecrest Capital Mgmt. LLP, No. 15-CV-1108 SHS, 2015 WL 3740701 (S.D.N.Y. June 15, 2015), the court dismissed, under FRCP 12(b)(6), plaintiff’s claims for a bonus and severance pay. This case illustrates that courts will look to the terms of an employee’s employment agreement when assessing those claims. As to plaintiff’s claim for a…

Read More Court Rejects Terminated Employee’s Claim to Bonus and Severance

In Rosas v. Alice’s Tea Cup LLC, 14-cv-8788 (SDNY July 6, 2015), the court emphasized that “the protections of the FLSA are available to citizens and undocumented workers alike”, and entered a protective order precluding defendants from seeking discovery of the plaintiffs’ immigration status, tax returns, or current employers. Plaintiffs asserted that defendants failed to pay them…

Read More Court Denies FLSA Defendants Access to Plaintiffs’ Immigration Status, Tax Returns, or Current Employers

In Glatt v. Fox Searchlight Pictures (decided July 2, 2015), the Second Circuit addressed a question of first impression in this Circuit, namely, when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (FLSA). In this case, unpaid interns working on the Fox Seachlight-distributed film Black Swan or at Fox’s…

Read More Second Circuit Clarifies When Interns are “Employees”, and Entitled to Wages, Under the FLSA