Earlier this month New Jersey enacted the comprehensive Anti-Wage Theft Law (the “Act”), which amends certain critical provisions in New Jersey’s existing Wage Payment Law, the Wage Collection Law, and the Wage and Hour Law (the “Wage Laws”). The Act expands the scope of liability for employers by increasing the damages that are obtainable to
Arnold Picinich
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Second Circuit Holds That Discrimination Based On Sexual Orientation Is Illegal Under Title VII
By Arnold Picinich on
In a landmark decision, the Second Circuit (which covers New York, Connecticut, and Vermont), ruled that discrimination based on an employees’ sexual orientation is actionable under Title VII. The Second Circuit in Zarda v. Altitude Express, Inc. is only the second appellate court in the United States to expressly find that employers who discriminate on…
UPDATE: New York DOL Amends Regulation Governing Home Health Care Aides Pay
By Arnold Picinich on
Posted in Employment Policies and Practices, Wage and Hour
As previously discussed, recent decisions from the New York Supreme Court, Appellate Division, found a New York State Department of Labor (“NYDOL”) opinion letter was not a “rational or reasonable” interpretation of New York Labor laws and regulations. In Andryeyeva and Moreno, the Second Department found that “live-in” home health care aides, whom…
24-Hour Pay for Live-In Home Health Care Aides
By Arnold Picinich on
Posted in Employment Policies and Practices, Wage and Hour
The New York Supreme Court, Appellate Division, issued two decisions in September that have serious ramifications for the home health care industry. In Moreno v. Future Care Health Servs., Inc., 2017 WL 4018898 (N.Y. App. Div. Sept. 13, 2017) and Andryeyeva v. New York Health Care, Inc., 2017 WL 4019032 (N.Y. App. Div.…
Employers Beware: Facebook Posts May Not Be Enough to Fire Employees
By Arnold Picinich on
Posted in Employment Policies and Practices
On Friday, April 21, 2017, the Second Circuit affirmed a National Labor Relations Board (“NLRB”) ruling, which found that Pier Sixty, LLC (“Pier Sixty”) violated the National Labor Relations Act (“NLRA”) when it terminated its employee, Hernan Perez (“Perez”), for comments posted on Facebook.
In 2011, after a supervisor had given directions to Perez and…