Paul J. Rutigliano

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Paul Rutigliano focuses his practice on employment litigation and counseling, representing companies across a wide variety of industries in all types of employment-related matters. Paul regularly defends employers against wage and hour collective and class action lawsuits, as well as claims of discrimination, retaliation, harassment and breach of contract arising out of employment and business protection agreements in state and federal courts, before government agencies, and in arbitrations.

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Not So Fast: DOL Pauses Aspects of FLSA Tip Regulations Final Rule

By Paul J. Rutigliano on Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour
Employers should continue to track and keep records of the percentage of time tipped wage earners spend performing non-tip eligible tasks, as the U.S. Department of Labor (DOL) has pressed pause on several provisions of the Trump Administration’s 2020 Final Rule addressing Tip Regulations under the Fair Labor Standards Act (FLSA). Among the provisions paused … Continue Reading

Department of Labor Addresses Court Ruling By Issuing New FFCRA Leave Regulations

By Paul J. Rutigliano on Posted in Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves, Wage & Hour
In response to a New York federal court striking certain aspects of the Department of Labor’s regulations interpreting the Families First Coronavirus Response Act (FFCRA), last week the DOL issued a revised Temporary Rule (the “Revised Rule”), in some ways resisting and in others yielding to the court’s ruling. In particular, the Revised Rule maintains … Continue Reading

Department of Labor Opinion Letters Provide Employers a Roadmap to FLSA Compliance

By Paul J. Rutigliano on Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour
Last week, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued two new opinion letters which clarify how employers should calculate the overtime rate when employees are paid lump-sum bonuses and when employers can pay consultants on a per project basis while avoiding overtime requirements under the Fair Labor Standards Act (FLSA). While … Continue Reading

Federal Judge Rejects New York Law Prohibiting Mandatory Pre-Dispute Arbitration of Sexual Harassment Claims

By Paul J. Rutigliano and Jeffrey A. Kimmel on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Employment Investigations & Audits, Employment Litigation
New York’s ban on pre-dispute agreements requiring employees to use arbitration to resolve sexual harassment claims is invalid, a federal judge in Manhattan has ruled. In a decision from the United States District Court for the Southern District of New York, U.S. District Judge Denise Cote held, in Latif v. Morgan Stanley & Co. LLC, … Continue Reading

U.S. Supreme Court Rules that Ambiguous Arbitration Agreements Do Not Authorize Class Arbitration

By Jeffrey A. Kimmel and Paul J. Rutigliano on Posted in Employment & Consulting Contracts, Employment Litigation
Ambiguous language in an arbitration agreement is not a sufficient basis for concluding a party has agreed to class arbitration, the U.S. Supreme Court ruled last week. In Lamps Plus, Inc. v. Verela, the Court held that, under the Federal Arbitration Act (“FAA”), courts may not infer from an ambiguous agreement that parties have consented … Continue Reading

Restaurant Industry Takes On Tip Credit “80/20 Rule”

By Paul J. Rutigliano and Jeffrey A. Kimmel on Posted in Employment Investigations & Audits, Employment Litigation, Wage & Hour
A restaurant advocacy group has sued the Department of Labor challenging its “80/20 Rule,” which limits the use of a tip credit wage where workers spend more than 20% of their time doing work not directly related to tip-generating activities. The Restaurant Law Center, a public policy affiliate of the National Restaurant Association and the … Continue Reading

U.S. Supreme Court Rules That Class Action Waivers Are Enforceable

By Jeffrey A. Kimmel and Paul J. Rutigliano on Posted in Employment & Consulting Contracts, Employment Counseling & Workplace Claims Prevention, Employment Litigation
Employers may require employees to enter into arbitration agreements that waive such employees’ ability to participate in a class or collective action lawsuit, the U.S. Supreme Court ruled this week. In a long-awaited decision that represents a significant victory for employers, the Court in Epic Systems Corp. v. Lewis held that such agreements do not … Continue Reading
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