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 […]
If you have problems with your employer, it is often hard to decide to contact an attorney and bring a case. Likewise, it is just as hard, if not harder, to find time during the day to contact your attorney with information and to receive updates. It might be tempting to do it from your […]
Under the Fair Labor Standards Act (“FLSA”), a federal law, certain employees are entitled to earn overtime wages, paid at 1.5 times their hourly pay rate. The determination of who is entitled to overtime is based on a number of factors, including job responsibility and income. When a dispute arises under the FLSA, there are […]
On July 9, 2013, the US Court of Appeals for the Second Circuit affirmed an SDNY decision approving individual “employer” liability on supermarket owner of Gristedes Supermarkets, John Catsimatidis for wages under the Fair Labor Standards Act (“FLSA”) class action lawsuit. Irizarry v. Catsimatidis, 2013 WL 3388443 (2d Cir. 2013); Torres et al. v. Gristedes […]
James Griffin commenced his lawsuit against the City of New York for retaliation after he reported a cover up to Internal Affairs. In retaliation, his fellow and superior officers made his life a living hell. Mr. Griffin paid the price for violating the “blue wall of silence.” In what can be characterized as nothing short […]
Many times in the workplace, there is a fine line for conduct that is unfair versus conduct that is unlawful. Creating a hostile work environment is prohibited under a number of Federal discrimination laws such as Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967 and Americans Disabilities […]
The Defense of Marriage Act (“DOMA”) is the federal law that defined marriage as being solely between a man and woman. On June 26, 2013, the U.S. Supreme Court decided the fate of DOMA in United States v. Windsor. In that case, the Supreme Court held that the provision of DOMA prohibiting the federal government […]
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