Employers in New York and throughout the country may struggle with how to label their workers. In a case filed in the United States District Court for the Central District of California, four 7-Eleven franchisees claimed that they were employees of the company. The case was filed in November 2017, and it claimed that all other franchisees were employees of the company. Therefore, they should be allowed to bring claims under the Fair Labor Standards Act.
The Fair Labor Standards Act established the federal minimum wage and rules for overtime pay, but the landmark 1938 legislation allows employers in New York and around the country to pay a lower hourly wage to workers who earn tips. What is known as the tip credit has been at the center of a number of contentious labor disputes, and the Department of Labor made its position on the issue clear in 2011 by adopting a controversial rule. The rule declares that tips are a worker's personal property and prohibits employers from using them if they did not claim the credit.
Business Insider reports that the city is working on a new law to limit after hours email expectations for employees. The bill would make it illegal to require employees to check email outside of their regular workday, with a fine for offending companies.
For some, a sexual harassment lawsuit is a chance to make a quick payday regardless of the facts in the matter. For New York business owners and top executives that are accused of harassment, it can do damage to their reputations as well as their bank accounts even if the allegation is false. The first step in defending against such a claim is to meet with an attorney who has experience handling such cases.