Fish v. Pompton Restaurant Assocs., Inc., 2010 WL 2867921 (App. Div., July 20, 2010) – In this case, the Appellate Division rejected a catering manager’s claim for overtime, also under the administrative exemption. The court identified the following specific factors supporting its finding: 1) she booked events at the banquet hall; (2) she planned menus with individual customers; (3) she ensured that the chefs complied with customers’ special requests; (4) she had discretion to negotiate prices with potential customers; (5) she did not have to punch in and out like other employees; and (6) she directed the waitstaff when necessary.
On September 8, 2012, Governor Andrew Cuomo signed a much-anticipated law that amends New York Labor Law Section 193 by expanding the scope of permissible deductions from an employee’s wages. Currently, § 193 prohibits deductions from an employee’s wages unless a law, court, or government agency authorizes the deduction or…..
First Circuit Allows Retaliation Claim to Proceed Absent Direct Evidence of Decision Makers’ Retaliatory Animus
The First Circuit Court of Appeals recently took an expansive view of the type of evidence that is sufficient to raise a genuine issue of material fact to defeat an employer’s motion for summary judgment in a wage and hour case. Specifically, in Travers v. Flight Services & Systems, Inc.,…..
Back to the Future: White House Restricts Travel to the United States From 8 Countries Due to New COVID-19 Variant
On November 26, 2021, President Joe Biden issued a presidential proclamation prohibiting travel into the United States for travelers who were physically present in eight countries in southern Africa (Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe), beginning on Monday, November 29, 2021. The restrictions, which prohibit travel from these eight African countries, come approximately three weeks after the White House relaxed prior location-based travel restrictions, moving to vaccination status-based travel restrictions on November 8, 2021.