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August 2017 Archives

Pre-litigation FLSA settlements don't need approval

New Yorkers whose employers have violated the Fair Labor Standards Act sometimes are able to negotiate settlements with them before any litigation is filed. A recent ruling by the U.S. District Court for the Southern District of New York says that these pre-litigation settlements do not need to be reported to and approved by the Department of Labor or a court.The case involved a woman who negotiated a settlement with her former employer before filing a lawsuit. She subsequently sued her employer for liquidated damages and unpaid wages even though she had previously settled those claims with her employer. The employer filed a motion to dismiss because of the pre-litigation settlement.

Create policies that set employees up for success

You have worked hard and made your dream come true. You are opening the doors to your business. You’ve researched marketing strategies and created a business plan. You did research to find the right location. You know your demographic. You have researched your competition and are ready to make this long-time business dream a reality.

What the law says about protected speech in the workplace

New York residents may heard about the former Google engineer who was terminated after posting a controversial memo online to a company forum. In the memo, the employee claimed that women were not as capable of being leaders in the tech industry compared to men. The memo also made comments about Google programs that are only open to minorities and women.

Court rules in favor of employer keeping server's tips

New York employers might be intrigued by the U.S Court of Appeals for the Tenth Circuit's ruling against a server who sued her employer for keeping tips. The server argued that she was entitled to a portion of the tips paid by customers. However, a lower court ruled in favor of the employer, and the federal appellate court upheld this ruling.

Completing non-tipped work under the 80/20 rule

In the state of New York, many waitresses and waiters who work at restaurants make their income through tips. When these workers are required by employers to also complete an exorbitant amount of non-tipped work, they could be making essentially less than minimum wage. To prevent this, the 80/20 rule exists.

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