The U.S. Dept. of Labor has announced it will use a new seven-factor test for deciding whether an internship position qualifies for an unpaid status under the minimum wage provision in the federal Fair Labor Standards Act. The guidelines shift the focus from whether the intern is the primary beneficiary of the relationship to whether… Continue reading Do New Labor Dept Rules Signal the Return of the Unpaid Internship?
An Upstate NY food truck that serves fusion barbecue fare under the name “Wandering Dago” scored a significant victory at the end of a legal battle with the State, which had banned Wandering Dago from serving its offerings at the Saratoga Race Track. and as part of the NY State Lunch Program on the Empire… Continue reading Fed Ct Says State Can’t Keep “Wandering Dago” Truck Away From Racetrack
It seems odd that a company or business could be sued over its website not being able to be read by the visually-impaired, but more and more companies are facing lawsuits brought by the visually-impaired (and their lawyers of course)over such claims. Claims have also been brought by the hearing-impaired against companies with websites that… Continue reading Can the Visually Impaired “See” Your Website? If Not – You May be Sued!
As I wrote about on this blog back in April 2014, The Borgata Casino in Atlantic City is suing poker superstar Phil Ivey for return of $9.6 Million he won at the baccarat table at the casino. The Borgata claims (and Phil generally admits) that Phil made certain demands involving a certain set of playing… Continue reading Phil Ivey’s Defense: I Can Cheat Because Borgata Employs “Babes”
At the risk of striking fear into the hearts of my fellow lawyers, I want to write about how businesses, particularly small and growing companies can lower and control their legal fees. While these tips are applicable to individuals and larger businesses, small businesses usually are the most affected by a sudden need to spend… Continue reading How a Small Business Can Lower and Control Legal Fees
Condé Nast, the publishing giant, has decided to discontinue its vaunted internship program following a class-action lawsuit filed by two former interns saying that they were paid less than $1 dollar an hour, according to an article in Women’s Wear Daily yesterday. Back in June, Condé Nast, which owns and operates popular and influential magazines… Continue reading Conde Nast Ends Internship Program Over Lawsuits: Let the Blame Game Begin!
In a case that may be shocking to many folks (but not lawyers in the employment litigation field) NY Southern District Judge Kevin Castel last week ruled that an unpaid intern could not sue her employer under NYC Human Rights Law because she was not an “employee” under the law. This discrepancy’s not new. It… Continue reading Unpaid Intern Cannot Sue for Sexual Harassment: NYFed Court
As I was reading this story in the NY Times on the subway, a young man next to me who was reading over my shoulder, said “Wow – if you can’t trust Yelp who can you trust?” Many young (and not so young) adults use Yelp, Citysearch, Yahoo and Google to help them decide where… Continue reading Fake Five-Star Reviews on Yelp Lead to Six-Figure Fines
In May of this year, Chef Dominique Ansel of Dominque Ansel Bakery in Manhattan, came up with a new product that combined the laminated dough of a croissant with the shape and sweetness of a donut. He came up with and trademarked a catchy name for the item: The Cronut. Like so many things in… Continue reading To the Cronut Come the Trolls!