Law Blog

New York City Human Rights Law Expands Employment Protections to Independent Contractors and Freelancers Effective January 11, 2020

equal rights

On September 12, 2019, the New York City Council passed a law (Int. 0136-A) that will impact New York City employers. This new law, effective January 11, 2020, will expand the scope of the New York City Human Rights Law (“NYCHRL”) to provide protections for independent contractors and freelancers. This law will ensure that independent contractors and freelancers are protected by the New York City Human Rights Law and will give them the right to file potential complaints with the New York City Commission on Human Rights when they face harassment or discrimination based on a protected class. This amendment further clarifies how to determine whether an employer has the requisite “four or more” with regards to coverage under the NYCHRL, explaining the protections will apply to employers who employed at least four workers (including independent contractors, freelancers, certain employer’s family members) at any time during the twelve months before the start of the discriminatory act.

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$175,000.00–Gender & Disability Discrimination Case

diversity

New York Employment Law Firm, Borrelli & Associated, PLLC represented a female staff member against her former employer for gender discrimination in the form of egregious sexual harassment in violations of the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) with additional claims of failure to properly accommodate her disability in contravention with the Americans with Disabilities Act (“ADA”), the NYSHRL and the NYCHRL. Furthermore, her former employer engaged in retaliatory conduct for opposing the Company’s acts of gender and disability discrimination collectively in violation of Title VII of the Civil Rights Act of 1964, as amended, the ADA, the NYSHRL, and the NYCHRL, as well as for invoking her right to take leave under the Family and Medical Leave Act. After engaging in mediation, the Firm negotiated a pre-litigation settlement of $175,000.00. Alexander T. Coleman handled the matter for the Firm.

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80 Hits

$130,000.00– Disability Discrimination Case

disability

Firm represented a woman with severe depression and anxiety against her former employer for unlawful disability discrimination in gross violation of the Americans with Disabilities Act of 1990, as amended (“ADA”), the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”), as well as for unlawful interference with her protected rights under the Family and Medical Leave Act (“FMLA”). Despite our client’s qualifications and satisfactory performance throughout her employment with the company, because of her intense workload, she began to experience severe depression and anxiety. Accordingly, our client notified the company of her need to take time off due to her serious health condition and start her FMLA leave. The company, in turn, terminated her employment in violation of the ADA, NYSHRL, and NYCHRL, but it also interfered with her rights to complete her FMLA leave. After engaging in mediation, the Firm negotiated a pre-litigation settlement of $130,00.00. Michael J. Borrelli and Caitlin Duffy handled the matter for the Firm.

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88 Hits

Former Fox News Employees Request Release From Non-Disclosure Agreements

NDA
6 Former Fox News Employees Request Release from NDAs

Six former Fox News employees, including former news anchor, Gretchen Carlson and former political consultant, Julie Roginsky, became the latest in a growing list of female employees who are demanding to be released from Non-Disclosure Agreements (NDAs) they signed as part of their sexual harassment and discrimination settlements with Fox. The NDAs prohibit them from talking about the alleged unlawful conduct in any form. Both Carlson and Roginsky accused their former employer, Roger Ailes, former President and Chairman of Fox News, of sexual harassment and discrimination. According to court documents, Carlson alleged that Ailes "sabotaged her career because she refused his sexual advances." Roginsky alleged that she was denied a co-hosting job on a show after she refused to have a sexual relationship with Ailes.

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William R. Nolan v. The City of New York, et al. Civil Case No.: 19-cv-00187

Constitution
New Civil Action filed in the Eastern District of New York

William R. Nolan v. The City of New York, et al.Civil Case No.: 19-cv-00187

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166 Hits

New Job? Tips for Giving Notice and Getting Your Final Paycheck

notify
If you have a get a new job here are some tips for giving notice and receiving a final paycheck from your old job

People leave jobs all the time. The consistency and commitment to an employer that was once expected is no longer the norm, in part because employers are not as dedicated to their employees anymore. The workforce has changed dramatically over the last half-century or so and it’s expected that most American workers will change jobs several times throughout their career, even if they remain in the same industry.

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167 Hits

NCAA Votes to Allow College Athletes to Benefit From Use of Name, Image, & Likeness

basketball court
New Rules will Allow College Athletes to Benefit From Use of Name, Image, & Likeness

On October 29, 2019, the NCAA Board of Governors voted unanimously to allow college athletes to benefit from their schools and third parties using their names, images, and likeness “in a manner consistent with the collegiate model.” This move was in response to bills in California, South Carolina and other states that would prohibit colleges from taking away scholarships or dismissing athletes for signing endorsement deals or hiring agents, which would give schools in those states a competitive advantage in recruiting compared to schools in other states. While the specific details are unclear at this point, each of the NCAA’s three divisions are to create regulations in support of this new NCAA policy by January 2021.

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McPherson v. Tropical Fantasy Bar & Lounge Inc., and Mukesh Persaud, individually, Civil Case No.: 19-cv-00599

cocktail lounge
New Class and Collective Action filed in the Eastern District of New York

McPherson v. Tropical Fantasy Bar & Lounge Inc., and Mukesh Persaud, individually, Civil Case No.: 19-cv-00599

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178 Hits

Mclean v. Cornucopia Logistics, LLC; Civil Case No.: 19-cv-00864

Delivery
New Class and Collective Action filed in the Eastern District of New York

Mclean v. Cornucopia Logistics, LLC; Civil Case No.: 19-cv-00864

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153 Hits

Can My Current Employer Fire Me for Interviewing with Another Company?

Fired
Employment at Will -  Firing of an employee for a job interview with another company

Employment at will means you can be terminated for any reason without any notice. This would include a situation in which your employer believes you are interviewing with other companies or exploring the job market in any way. That said, many employers won’t fire you looking for another job because a terminated employee could have a right to certain benefits, whereas an employee who leaves of his or her own free will is sacrificing those benefits.

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180 Hits

Egan and Tavolilla v. Safeway Construction Enterprises, LLC, et al. Case No.: 19-cv-02052(RJD)(PK)

construction
Judge grants Conditional Certification of Collective Action in the Eastern District of New York

Egan and Tavolilla v. Safeway Construction Enterprises, LLC, et al. Case No.: 19-cv-02052(RJD)(PK)

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210 Hits

Supreme Court Could Extend Title VII Protection to Employees Terminated for Sexual Orientation or Gender Identity

US Supreme Court
Expanded Title VII Protections Under the Law, Supreme Court Could Extend Title VII Protection to Employees Terminated for Sexual Orientation or Gender Identity

On October 8, 2019, the Supreme Court heard oral arguments in three cases that could reshape the landscape of protections provided by Title VII of the Civil Rights Act of 1964. Title VII provides protection against employment discrimination based upon race, color, religion, sex and national origin. Historically, the term “sex” as used in the statute has been interpreted to protect individuals from discrimination on the basis of gender, but this has not been extended to provide federal protection to transgender individuals, nor has the term been applied to grant protection on the basis of an individual’s sexual orientation. There have been cases in which the Circuit Courts of Appeal have held that the protection afforded by Title VII extends to gender identity or sexual orientation, however these instances are limited, and often address only one category or the other, leaving substantial ambiguity and making this issue ripe for the Supreme Court.

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248 Hits

My Employer Questioned My Sick Time Off. Is This Legal?

sick leave
Sick Time Off

Have you taken time off from work for illness and your employer is questioning your actions or requiring proof of an illness? There are instances in which this is legal and times when it is not permitted. The rules governing what your employer can and cannot do depend on the type of leave you requested and your company’s overall time-off policy.

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297 Hits

Drug and Alcohol Addiction in the Workplace

drug test
About Drug and Alcohol Addiction in the Workplace

The Americans with Disabilities Act (ADA) is designed to protect people with disabilities. Though many assume this pertains to alcohol and drug addiction, it only does under certain circumstances.

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239 Hits

Vilchez v. Violette’s cellar, LLC, Et Al. Civil Case No.: 18-cv-06832

restaurant kitchen chopping
New York Employment Law Class and Collective Action filed in the Eastern District of New York

Vilchez v. Violette’s cellar, LLC, and Roberto Hernandez, individually Civil Case No.: 18-cv-06832

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332 Hits

Pena v. Big Mack Painting Corp. et al.; Case No.: 19-cv-00265

painters tools
Judge grants Conditional Certification of Collective Overtime Wages Action in the Eastern District of New York

Pena v. Big Mack Painting Corp. et al.; Case No.: 19-cv-00265

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384 Hits

Baby on the Way? A Primer for Expectant Parents in the Workplace

baby on the way
What expecting parents expect in the workplace.

Becoming a parent can lead to many questions regarding work and career. This is especially true during the early stages of parenthood, beginning with the first announcement of pregnancy to maternity and paternity leave and the weeks and months following that time away.

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306 Hits

$620,000.00– Age Discrimination Case

age discrimination

Firm represented a seventy-one year old male against his former employer for violations of the Age Discrimination in Employment Act (“ADEA”) and the New York State Human Rights Law (“NYSHRL”). Under the ADEA and NYSHRL, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. Despite our client’s overwhelming positive contribution to the Company for approximately fifteen years, the Company terminated his employment due to his age. After engaging in mediation, the Firm negotiated a pre-litigation settlement of $620,000.00. Alexander T. Coleman handled the matter for the Firm.

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432 Hits

What Do You Need to Know About Non-Compete Agreements?

non-compete agreement
What is a non-compete agreement and how does it work?

Non-compete agreements were created to protect businesses from losing information that was vital to their bottom line if employees took jobs with competing companies.

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291 Hits

New York to Penalize Employers for Retaliating Against Immigrant Employees

diversity
Employers are not allowed to retaliate against immigrant employees in New York

On July 27, 2019, Governor Andrew Cuomo signed into law a bill that prohibits employers in New York State from retaliating against employees by contacting or threatening to contact immigration authorities. The measure also extends the protection to threats or actions against an employee’s family or household members. The law took effect on August 15, 2019.

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