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Second Circuit Holds “Delivery Fee” Is Not a Gratuity for Delivery Drivers

In a 5-page summary order issued on March 5, 2020, the U.S. Court of Appeals for the Second Circuit held in Belizaire v. Ahold U.S.A., Inc., No. 19-457-cv, that the “delivery fee” paid by customers of Peapod LLC, a grocery...more

Second Circuit Rejects Proportionality Standard in FLSA Settlement Agreements When Determining Attorneys’ Fees

In a 29-page decision, the U.S. Court of Appeals for the Second Circuit held in Fisher v. SD Protection Inc., No. 18-2504, that a district court had abused its discretion by rewriting a Fair Labor Standards Act (FLSA)...more

New York Governor Vetoes Employee Wage Lien Bill

On December 31, 2019, Governor Andrew M. Cuomo vetoed the employee wage lien bill (colloquially referred to by its sponsors and supporters as the “Securing Wages Earned Against Theft” or “SWEAT” bill). Both the New York State...more

New York State to End Subminimum Wage for Miscellaneous Industries

On December 31, 2019, Governor Andrew M. Cuomo announced that he had directed the New York State Department of Labor (NYSDOL) to eliminate the subminimum wage for tipped workers of all employers covered by the Minimum Wage...more

New York City Legislation Protecting Gig Workers Heads to Mayor’s Desk

On October 27, 2016, the New York City Council passed legislation that would establish protections for freelance workers. “Establishing protections for freelance workers” (Int 1017-2015) protects independent contractors’...more

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