Do you work for an employer that is not located in the community in which you live? Do you commute several hours each day to work or stay overnight during the week to accommodate your commute and return home when your work week is complete? Do you work outside of the state in which you […]
Sexual harassment is one of the most difficult charges to prove. In many cases, events occur when only two people – the victim and the harasser – are present and it ends up being a case of your word against theirs. Despite the challenge you face when it comes to proving the harassment, it is […]
Some employers, especially those struggling financially, find ways to take advantage of employees. One of the most common is to cheat them out of overtime pay. Since companies can take a big financial hit when employees work over a certain number of hours, it can be tempting to manipulate time sheets and offer less costly […]
It’s the time of year when high school and college students take a break from hitting the books and head out into the world to make some cash. Summer jobs include everything from lifeguarding at the neighborhood pool to working at the mall to counseling at a summer camp. These jobs are a great opportunity […]
In 2013, it was held that an unpaid intern working in New York City did not have a right to sue for sexual harassment because she was not an “employee” under the City’s Human Rights Law. Since the classification of “employee” did not apply to unpaid interns, such interns also did not have standing to […]
In early March, the National Labor Relations Board (“Board”) conducted hearings regarding Northwestern University’s Football Players bid to form a union. The prevailing issue that arose in the players’ request to form a union is whether college athletes are considered “employees” within the meaning of the National Labor Relations Act (“NLRA”). The University argued that […]
On January 10, 2014, Governor Cuomo signed the New York State Commercial Goods Transportation Industry Fair Play Act (“CGTIFPA”). As a result, New York’s Labor Commissioner, Peter Rivera recently announced a new state law for determining whether a commercial truck driver is an employee or independent contractor, and provides penalties for employers who fail to […]
Working for a small company has its advantages – things are sometimes more laid back, you feel like a person instead of just a number, and you often form close personal bonds with your co-workers. Unfortunately, there are also drawbacks to working for a small company. In addition to the reduced benefits and lack of […]
On Tuesday, March 4, 2014, the U.S. Supreme Court expanded the class of employees entitled to whistleblower protection under the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley” or “the Act”). In its 6-3 decision in Lawson v. FMR LLC, the Court held that the employees of private companies that contract with publicly held companies are entitled to […]
“Prejudice, not being founded on reason, cannot be removed by argument.”– Samuel Johnson The Employment Non – Discrimination Act, otherwise referred to as “ENDA,” has been unsuccessfully shuffled through the halls of Congress since 1994. The controversial bill, which would decisively extend federal protection against discrimination to homosexual and transgender individuals, is currently pending in […]
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