Scott Horton

Scott Horton has practiced labor and employment law in New York for over 20 years. He has represented approximately 500 employers, authored hundreds of articles and presentations, and wrote the book New York Management Law: The Practical Guide to Employment Law for Business Owners and Managers. Nothing on this blog constitutes legal advice. For legal advice specific to your situation, you should consult an attorney.
Tax Reform Affects Sexual Harassment and Employee Benefits

On December 22, 2017, President Donald Trump signed sweeping tax reform legislation. The controversial tax bill includes many changes that directly affect the employment relationship. These range from sexual harassment settlements and paid family and medical leave to reimbursed employee expenses and retirement plans. Although I am neither a tax lawyer, nor an accountant, I offer … Read more

Tip Credits Leaving New York State

On December 17, 2017, Governor Andrew Cuomo directed New York’s Commissioner of Labor to schedule public hearings to evaluate the possibility of ending minimum wage tip credits in the State. Tip credits permit employers to satisfy part of an employee’s minimum wage entitlement through tips earned, rather than cash wages paid by the employer. Several … Read more

FLSA Regular Rate of Pay

The Fair Labor Standards Act requires employers to pay non-exempt employees overtime if they work enough hours (usually over 40/week). Overtime must be paid at one-and-a-half times the employee’s “regular rate” of pay. Unfortunately, it’s not always so easy to calculate the employee’s regular rate. Here we’ll look at some of the most common regular … Read more