Tipped Workers Receive a Lower Minimum Wage: Tipped workers, including servers and bartenders, among others, are paid a minimum wage, plus what they earn in tips (the “minimum tipped wage”). The minimum tipped wage is typically lower than the minimum wage paid to non-tipped workers. Employers May Further Reduce This Wage Utilizing a Tip Credit:

As many of ED&G’s clients are aware, this spring the U.S. Department of Labor announced changes to the overtime requirements under the Fair Labor Standards Act, resulting in more white-collar, previously-exempt employees becoming eligible for overtime. The changes become effective on December 1, 2016. Previously, and until December 1, 2016, all employees paid less than

It is often the case that, when we discuss litigation with our clients, they assume that they are entitled to recover their attorneys’ fees from the other party if they win.  To their great disappointment, there is generally no basis for such “fee-shifting.”  Under what is known as the “American Rule,” each side in a

One of the most controversial topics affecting the franchise business model in recent years has been the “Joint Employer Issue.” The issue threatens to undermine the traditional relationship between a franchisee and its franchisor by imposing liability on the franchisor for wage and hour violations, and other claims, arising from a franchisee’s relationship with its

Many companies and individuals obtain insurance to help them manage risk. The presence of insurance coverage for claims asserted in a legal action can greatly impact litigation strategy and the ultimate resolution of a dispute. Thus, it is important for a defendant against whom claims have been asserted to promptly ascertain whether the claims, and

Corporate shareholders have a variety of rights that may be exercised in order to seek recompense for injuries caused by the corporation, by the board of directors, controlling shareholders, or others. At Einbinder Dunn & Goniea, LLP, we frequently assist shareholders in seeking redress from corporations. The most common tools we use in assisting our

  In addition to contract disputes, which we discussed in our first blog entry [click here], there are other common types of business disputes called commercial torts.  Though there are many different types of torts (personal injury being a frequently known one), commercial torts can be thought of as improper conduct committed by or against a business

A common misconception for those new to trademarks or intellectual property law is the level of protection afforded to various trademarks. Trademarks, trade dress and other intellectual property are subject to protections under the Lanham Act. See 15 U.S.C.A. §§ 1051 et seq. (West). In order to determine if a mark is subject to the

The terms “commercially reasonable efforts” and “best efforts” are frequently used in contracts. Attorneys will often argue strenuously for their inclusion in a contract, as if they carry great weight. However, a recent article in the New York Law Journal by Grant Esposito and Jessica Kaufman (http://www.newyorklawjournal.com), suggests that the use of these terms can

Welcome to Einbinder, Dunn & Goniea, LLP’s New York Business Litigation Blog! As a New York City based law firm with a broad based commercial practice, we look forward to using this blog to share with you our own experiences, as well as general points of interest in this field of law. For this, our