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Second Circuit refines Title VII pleading standard

USA - September 14 2015 The Second Circuit Court of Appeals recently remanded a former employee's racial discrimination lawsuit brought under Title VII of the Civil Rights…

Governor Cuomo seeks to increase New York minimum wage for fast food workers

USA - May 12 2015 On May 7, 2015, Governor Andrew M. Cuomo announced the empanelling of a New York State Wage Board directed to investigate and make recommendations on…

New York court holds that alcohol treatment is not compensable time

USA - February 26 2015 Gibbs v. City of New York, No. 12-CV-8340 (S.D.N.Y. Jan. 23, 2015): The Southern District of New York held that the Fair Labor Standards Act (FLSA)…

Second Circuit finds highly individualized damages inquiry won’t spoil Rule 23 class wage claims

USA - February 26 2015 Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015): The Second Circuit Court of Appeals recently vacated and remanded the U.S…

E.D.N.Y. finds retailer cannot “pick-off” FLSA plaintiffs with incomplete Rule 68 offer of judgment

USA - October 1 2014 The Eastern District of New York held that a group of opt-in plaintiffs could pursue their Fair Labor Standards Act (FLSA) collective action even…