Writings by Gary S. Young

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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EEOC Settles Lawsuit Alleging Sex Discrimination Against Males

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is settling the sex discrimination lawsuit filed against Ventura Corporation. Ventura, based in Puerto Rico, is the wholesaler of beauty products, jewelry and other personal care items to retail sellers. This case should serve to remind us that discrimination is not just a “one […]

Author: Gary S. Young

April 25, 2014

EEOC Challenges Restrictive Separation Agreement

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against CVS Pharmacy, Inc. alleging that the pharmacy chain’s standard separation agreement is “overly broad.” Specifically, the EEOC claims that the separation agreement interferes with a former employee’s right to communicate with the EEOC or to file discrimination charges. Employers should take note of […]

Author: Gary S. Young

April 17, 2014

EEOC

Third Circuit Endorses Successor Liability for Wage and Hour Violations

In the recent case of Thompson v. Real Estate Mortgage Network, the U.S. Court of Appeals for the Third Circuit has endorsed successor liability for claimed wage-and-hour violations of the Fair Labor Standards Act (FLSA). The ruling reinstates a class action lawsuit against a mortgage underwriter for allegedly cheating employees out of overtime. Facts of […]

Author: Gary S. Young

April 15, 2014

FLSA

Supreme Court Rules Severance Payments = Wages

The Supreme Court unanimously ruled that severance payments that are not associated with State unemployment benefits paid to involuntarily terminated workers were “wages” under the Federal Insurance Contributions Act (FICA). The decision reverses a 2012 decision by the Sixth Circuit and subjects severance payments to Social Security and Medicare taxes. The issue before both the […]

Author: Gary S. Young

April 3, 2014

When Will a NY Court Enforce a No-Hire Agreement?

Like many states, New York tends to disfavor no-hire clauses and other restrictive covenants in employment agreements. Most recently, a New York district judge refused to enforce a 31-month no-hire agreement that would have prevented a former Reed Elsevier Inc. (REI) employee from going to work for the competition at TransUnion Holding Co. Inc. (TransUnion). […]

Author: Gary S. Young

March 27, 2014

NJ Employer Alert: Gov. Christie Signs Pregnancy Discrimination Bill into Law

Pregnancy and childbirth are now protected categories under New Jersey’s Law Against Discrimination (NJLAD). Gov. Chris Christie signed the amendment to the NJLAD on January 21, 2014, and such change was effective immediately. New Jersey is the latest state in the country to strengthen protections against pregnancy discrimination, joining Alaska, California, Connecticut, Hawaii, Illinois, Louisiana, […]

Author: Gary S. Young

February 24, 2014

Proposed Changes to NYC’s Sick Leave Law Are Nothing to Sneeze At

New York City’s sick leave law has not yet taken effect, but more changes could be in the offing. Mayor Bill de Blasio and incoming Council Speaker Melissa Mark-Viverito recently announced proposed amendments to the law intended to increase its application and scope. As previously discussed on the Scarinci Hollenbeck Business Law News Blog, the […]

Author: Gary S. Young

February 17, 2014

Sick leave laws

New York Businesses Who Employ Delivery Drivers Will See Changes Thanks To This New Law

Like other states, New York has brought legislative focus to bear on what is regarded as widespread abuse of independent contractor status in the trucking industry. New York Gov. Andrew Cuomo recently signed a new law, effective March 1, 2014, that will punish businesses in the transportation and delivery industries that misclassify workers who deliver […]

Author: Gary S. Young

February 4, 2014

Are You Prepared? Top Five Compliance Concerns For New York City Employers in 2014

As New York City employers settle into the New Year, there are a number of new compliance concerns on the horizon. Since preparedness for compliance concerns are one of the most effective ways to avoid unintended liability, below is a brief summary of the top five new issues that may impact your New York business […]

Author: Gary S. Young

January 14, 2014

New Jersey Pregnancy Discrimination Bill Heads to Governor’s Desk

Both houses of the New Jersey Legislature have approved a new bill that would add pregnant women to the Law Against Discrimination’s (LAD) protected classes of workers. Should Governor Christie sign the bill, New Jersey would join a growing number of states and municipalities seeking to augment existing federal and state laws that prevent pregnancy […]

Author: Gary S. Young

January 13, 2014

Pregnancy Discrimination

Export Controls Present Compliance Challenges for U.S. Businesses

In the age of pariah state sanctions and in the interest of national security, the federal government export controls of sensitive equipment, software, and technology. Complying with complex export control requirements can be very challenging for companies conducting cross-border business. Under the current U.S. Export Controls System, the federal government maintains several lists of export-controlled […]

Author: Gary S. Young

January 10, 2014

New Study: Paying Top Salaries Does Not Guarantee Good Results

We recently wrote about the pay of top athletes and how the outlandish compensation paid to attract or keep a superstar often backfires as performance and pay often fail to correlate. According to a new study by the Institute for Policy Studies, paying a “superstar” chief executive officer a very lucrative salary may similarly backfire. […]

Author: Gary S. Young

November 11, 2013

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