Carrion v. Agfa Construction, Inc., Nos. 11-5098, 11-5334 (2d. Cir. June 13, 2013): On appeal from an order by District Judge Brian M. Cogan in the U.S. District Court for the Eastern District of New York, the plaintiff-appellant Carrion argued that the lower court erred in dismissing his prevailing wage claim. Carrion argued that, as a third-party beneficiary to a construction contract between the defendant and the New York City Housing Authority, he was entitled to the “prevailing wage” as established by the Davis-Bacon Act. In reliance upon Grochowski v. Phoenix Construction, 318 F.3d 80 (2d Cir. 2003), which holds that the Davis-Bacon Act does not “confer a private right of action on an aggrieved employee for back wages,” the lower court found that the claim was unavailing. On appeal, Carrion argued that Grochowski should be overruled or limited to its particular facts, especially in light of a contrary holding by the New York Court of Appeals in Cox v. NAP Construction Co., 10 N.Y.3d 592, 604 (N.Y. 2008). However, the Second Circuit declined to overrule Grochowski and ruled that Carrion’s theory of recovery is barred. Although the case stands as a reminder that the U.S. Department of Labor retains exclusive jurisdiction over prevailing wage claims, the conflict between the Second Circuit and the New York Court of Appeals will continue to encourage plaintiffs to forum shop and avoid asserting their wage claims involving federally-funded construction contracts in federal courts to avoid dismissal under the Davis-Bacon Act.
The Fair Labor Standards Act (FLSA) does not prohibit employers from requiring employees to follow a particular dress code or wear a designated uniform. However, it does prohibit employers from requiring employees to pay for uniforms, if such costs would cause an employee’s pay to drop below the minimum wage.
On October 21, 2015, New York Governor Andrew Cuomo signed into law a number of bills, which cumulatively expand protections against gender discrimination, sexual harassment, domestic violence, and human trafficking. This comprehensive legislation, which grew out of the governor’s call for a 10-point “Women’s Equality Agenda” in his 2013 State of the State Address, consists of eight discrete bills. Five of the newly signed bills are of particular importance to employers in that they seek to achieve greater pay equity for women; expand coverage of sexual harassment protections to the smallest employers and significantly increase remedies available under state sex discrimination law; prohibit discrimination based on family status; and mandate employers of pregnant employees to provide certain reasonable accommodations.
Data Privacy Law in the UK, Part II: Data Security and Restrictions on Data Transfers for U.S. Employers
The European Court of Justice’s decision in the Google case that it was required to remove links to “outdated” or “irrelevant” information about an individual has brought EU data privacy laws to the forefront of public consciousness. In part one of this three-part series, we looked at the core principles…..