Americans are growing older. According to the U.S. Census Bureau, the current median age for an American is 38, and it is expected to rise to 40 by 2030.[1] In other words, by 2030 the number of Americans who are 40 and above will equal the number of Americans who are younger than 40. At […]

“The law does not concern itself with trifles.” It’s one of those statements that sounds both reasonable and definitive. Indeed, it’s an English translation of a Latin maxim that traces back hundreds of years – “de minimis non curat lex.” I was recently reflecting on this concept – sometimes called the “de minimis” doctrine – […]

By law, employees in the United States must be paid a base minimum for their work performed.  However, this protection varies widely depending on the state in which the employees are working. The federal Fair Labor Standards Act (FLSA) provides the baseline protection for employees.  Regardless of state, employers generally must pay their employees at […]

The federal Fair Labor Standards Act (FLSA) generally requires that employers pay employees at least $7.25 per hour. One of the few exceptions to the rule is “tipped employees” – including waiters, bartenders, and other employees who regularly receive gratuities for performing their jobs. The FLSA allows employers to subsidize the minimum wage paid to […]

We all know that resignations are not always by choice. For example, it is hardly voluntary if an employer tells a worker that she can either resign or be fired. But even resignations which at first blush appear voluntary may legally be no different than a firing. The term is “constructive discharge.” Contrary to the […]

New York City workers and employee advocates cheered as the city last week passed legislation designed to protect some of its most vulnerable workers.  After being approved by the City Council on May 24, Mayor Bill de Blasio signed the Fair Work Week legislative package into law on May 30, 2017, stating that “thousands of […]