Customer service representatives may be entitled to compensation for time spent logging into and out of computer programs and apps before their shifts. For example, a recent lawsuit against Wayfair alleges that its customer service representatives (“CSRs”) spend an average of 10-15 minutes before each shift: “turning on and logging into…computers; connecting to [Wayfair’s] virtual […]
News
New York May Ban Non-compete Agreements
New York State appears poised to enact a law banning non-compete agreements. Specifically, on June 20, 2023, the New York Assembly passed a bill that would amend the New York Labor Law (“NYLL”) to add section 191-d, prohibiting non-compete agreements and authorizing covered individuals to bring civil actions against those who allegedly violated such prohibition. […]
NYC Increases App-Based Food Delivery Workers’ Minimum Wage to $17.96 Per Hour
Starting on July 12, 2023, over 60,000 food delivery workers employed by apps such as Uber Eats, DoorDash, and Grubhub in New York City must be paid at least $17.96 per hour, not including tips. As of April 2025, the mandatory hourly pay will increase to $19.96 per hour. New York City will allow the […]
New York City Enacts Law Prohibiting Discrimination Based on Weight and Height
On May 26, 2023, Mayor Eric Adams signed a bill into law expanding the list of characteristics that are protected under New York City’s discrimination laws to include a person’s weight and height. Weight and height now join 27 other characteristics including, race, gender, age, religion, gender identity, sexual orientation, disability, national origin, marital status, […]
Texas Federal Judge Orders Lawyers to Certify Accuracy of Filings Drafted with Artificial Intelligence
Judge Brantley Starr of the U.S. District Court for the Northern District of Texas has issued a standing order requiring attorneys to include in all filings a certificate attesting either that (a) no portion of the filing was drafted by artificial intelligence (i.e., ChatGPT), or (b) that any language drafted by artificial intelligence was checked […]
Au-Pair Agency Not Entitled To Immunity For Violating Rights Under Fair Labor Standards Act
Morales Posada, an au-pair who worked through Cultural Care, Inc. initiated a lawsuit alleging that Cultural care is liable, as an employer of au-pairs, for failing to pay minimum wages and overtime pay under New York State law. Posada also alleges that Cultural Care failed to provide au-pairs with proper wage statements and failed to […]
U.S. Supreme Court to Address Causation Standard for SOX Whistleblower Claims
On May 1, 2023, the Justices of the U.S. Supreme Court granted a petition for a writ of certiorari filed by a former UBS Securities LLC (“UBS” or the “Company”) researcher, Trevor Murray. As such, the Supreme Court will soon hear argument in the whistleblower retaliation lawsuit filed by Murray against UBS, Murray v. UBS […]
Anticipated Supreme Court Decision May Have a Significant Impact on an Employee’s Right to Receive a Religious Accommodation
On April 18, 2023, the Supreme Court heard oral arguments in Groff v. DeJoy, a case involving (1) whether an employer can deny an employee a religious accommodation if the accommodation imposes “more than a de minimis cost” on the employer, and (2) whether an employer can demonstrate “undue hardship on the conduct of the […]
New York Expands Nursing Mothers’ Rights at Work
On December 9, 2022, Governor Kathy Hochul signed a bill into law expanding nursing mothers’ rights at work. The new law (SB 4844B) will take effect June 7, 2023 and amends New York Labor Law § 206-c which only requires employers to give reasonable break times and make reasonable efforts to provide a private area […]
Recent SDNY Case Highlights the Broad Protections that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Provides to Victims
A recent decision in the action Teyo Johnson v. Everyrealm, Inc., et al. before the Southern District of New York demonstrates that broad protections victims are afforded under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”). The EFAA makes a pre-dispute arbitration agreement invalid and unenforceable in connection with a case […]
New York Paid Family Leave Law Expanded to Include Siblings
As of January 1, 2023, the New York Paid Family Leave Law (the “NYPFLL”) expanded its protections to allow eligible employees to take paid time off to care for their siblings. Previously, the NYPFLL only allowed employees to take paid time off to care for spouses and domestic partners (of any gender), children, parents, parents-in-law, […]
UPDATE: Supreme Court Holds That Highly Compensated Employee Is Entitled to Overtime Pay
As previously discussed here, the U.S. Supreme Court heard argument a few months ago in Helix Energy Solutions Group Inc. v. Hewitt, one of the more notable employment law cases headlining the Court’s October 2022 Term. The Court recently ruled in favor of Hewitt, finding that he is entitled to overtime compensation despite being paid […]
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