On March 26, 2019, the New York State Court of Appeals, New York’s highest Court, issued a highly anticipated decision that has major impacts for the home health care industry in New York. The question before the Court was whether “live-in” home care aides are entitled to be paid for every hour of a 24
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United States Supreme Court Rules Class and Collective Action Waivers in Employment Agreements Are Enforceable
By Randi W. Kochman & Jed Weiss on
Posted in Employment Policies and Practices, Wage and Hour
On Monday, May 21, 2018, the U.S. Supreme Court issued what is widely regarded as the most important decision for U.S. employers this year. In a 5-4 decision, in Epic Systems Corporation v. Lewis (and two other related matters), Justice Neil Gorsuch, writing for the majority, held that workplace employment agreements that bar employees from…
Second Circuit Reverses Dismissal Of Retaliation Claim Citing Cat’s Paw Liability
By Jed Weiss on
The Second Circuit recently invoked a 17th century fable in reviving an employee’s retaliation claim against her employer even where the employer had no retaliatory intent. In Vasquez v. Empress Ambulance Service, SDNY, 15-CV-3239, the Plaintiff, Andrea Vasquez, an Emergency Medical Technician, alleged that she was subjected to sexual advances by her dispatcher…
New York Labor Law Wage Deduction Amendments Extended Through 2018
By Jason R. Finkelstein & Jed Weiss on
Posted in Employment Policies and Practices, Wage and Hour
On the eve of November 6, 2015 expiration date, New York Governor Andrew Cuomo signed legislation earlier this week (Assembly Bill A07594/S05623) extending the effective date for the expanded list of permissible wage deductions that New York employers can make pursuant to New York Labor Law Section 193. The current version of Section 193, which…