Law Blog

New York Employment Law in the Age of COVID-19

man wearing face mask for health and safety
COVID-19 is changing employment law

Over the last two months, the COVID-19 pandemic has tremendously impacted life as we know it. In particular, the pandemic has caused economic uncertainty and has forced state governments to issue stay-at-home orders, forcing businesses to furlough and/or lay off millions of employees.

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98 Hits

Martinez v. JLM Decorating, Inc., Civil Case No.: 20-cv-02969

office reconstruction
New Action filed in the Southern District of New York

Martinez v. JLM Decorating, Inc., and JLM Decorating NYC Inc., and Cosmopolitan Interior NY Corporation, and Moshe Gold, individually, and Josafath Arias, individually, Civil Case No.: 20-cv-02969

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68 Hits

Minimum Wage Increases Have NYC Workers Earning More in 2020

Savings

The minimum wage employees must earn per hour working in New York City is one of the highest in the nation. It was raised to $15 per hour for companies employing 11 or more in New York City on December 31, 2018, and reached that same mark for companies employing 10 or fewer this year at the end of 2019. Those working in the surrounding suburbs have seen a rate increase to $13 per hour and elsewhere in New York minimum wage rose to $11.80. The phase in of increases will continue throughout 2020.

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82 Hits

Baez et al v. Cayuga Home for Children; Case Number:1:20-cv-02912-MKV

heart in hands
New Action filed in the Southern District of New York

Baez & Santana v. Cayuga Home for ChildrenDocket No.: 20-cv-2912

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104 Hits

Benefits Required by Law in New York State

Employee Benefits
New York Employment Benefit Requirements

As an employee, there are certain benefits to which you are entitled. For instance, workers are guaranteed.

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115 Hits

United States Department of Labor Issues New Rule Limiting Franchisor Joint Employer Liability

Franchise
Franchisor Joint Employer Liability

In January, the United States Department of Labor (“DOL”) issued a rule that will make it more difficult for workers to hold franchisors like McDonald’s and other fast food, convenience store, and gas station outlets liable for wage violations committed by their franchisees. The rule goes into effect this month. This rule is a natural extension of the DOL’s previous move rescinding Obama-era guidelines that expanded the definition of “joint employer” under the Fair Labor Standards Act to encompass more franchisors.

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87 Hits

Loja, et al. v. Jasco Designs, Inc..; Case No.: 1:18-cv-06190-AMD-VMS

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

Loja, et al. v. Jasco Designs, Inc..; Case No.: 1:18-cv-06190-AMD-VMS

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702 Hits

Aguilar v. Advanced Mepf Services Corp., et al.; Case No.: 1:19-cv-05014-RPK-JO

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

Aguilar v. Advanced Mepf Services Corp., et al.; Case No.: 1:19-cv-05014-RPK-JO

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273 Hits

Gill v. Moody Mart 2 Inc.,Et al. Civil Case No.: 19-cv-02171-JMA-AKT

Convenience mart
New Employment Law Action filed in the Eastern District of New York

Gill v. Moody Mart 2 Inc., and HO 110 Inc., and Hill Enterprise Inc., and Tariq Mahmud, individually, Civil Case No.: 19-cv-02171-JMA-AKT

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315 Hits

Are You a Victim of Delayed Workplace Retaliation?

singled out
Delayed Workplace Retaliation

Laws exist to protect workers who voice concerns about workplace discrimination from retaliation. But for these laws to provide the protection they guarantee, workers need to recognize an action as retaliation.

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350 Hits

Independent Contractors Affected by New Laws

Gig economy
Employment Law Update - New Laws for Independent Contractors

A new freelance law to protect California independent contractors recently went into effect and a similar law could be coming to New York State.

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311 Hits

Mako v. Linda Richards Inc. et al.; Case No.: 19-cv-02660-CS

Office management
Judge grants Conditional Certification of Collective Action in the Southern District of New York

Mako v. Linda Richards Inc. et al.; Case No.: 19-cv-02660-CS

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428 Hits

Boone and Clarke v. Alpha Corporate Transportation and Taxi Service Inc. d/b/a Alpha Taxi Et Al. Civil Case No.: 19-cv-02808-CS

Taxi
New Class and Collective Employment Law Action filed in the Southern District of New York

Boone and Clarke v. Alpha Corporate Transportation and Taxi Service Inc. d/b/a Alpha Taxi, and Edward Samraldi, individually, Civil Case No.: 19-cv-02808-CS

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327 Hits

Padilla v. Urban Garden Center, Inc. et al.; Case No.: 19-cv-09660(LGK)

landscape
New Employment Law Class and Collective Action filed in the Southern District of New York

Padilla v. Urban Garden Center, Inc. et al.; Case No.: 19-cv-09660(LGK)

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  315 Hits
315 Hits

Are You a Victim of Pregnancy Discrimination? Here’s What You Can Do.

pregnant at work
Employment Law, Pregnancy Discrimination

For some women, working during pregnancy is one of the most challenging things they will ever do. None of the usual stresses of work go away once you’re pregnant and you’re also faced with all of the nagging physical ailments that might accompany pregnancy – digestive distress, poor sleep, aches, and pains, etc.

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309 Hits

Employee Stops Paying Union Dues on Religious Grounds, Files Suit

dispute
An employee stops paying union dues on religious grounds and files s suit against the employer

In states that allow union security (also called agency shop) agreements in the private sector, New York being one of them, workers who are not members of the union in their workplace are required at minimum to pay agency fees to the union to cover the costs of collective-bargaining, grievance adjustment, and contract administration (in other words, any service related to the terms and conditions of employment).

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389 Hits

Is Your Employer Liable for How Customers or Clients Treat You?

Unhappy customer
Employer Liability for Treatment of Employees by Customers

Most jobs involve interaction with people other than your co-workers. Whether you work in an industry with customers or you are responsible for meeting the needs of clients, just about everyone with a job has to deal with people in one way or another. Customers and clients are a vital part of keeping your employer in business and keeping you employed, so it’s essential to make sure they are satisfied.

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406 Hits

Am I a Victim of Workplace Retaliation?

Running for the exit
Workplace Retaliation

In addition to the laws in place to protect you from discrimination in the workplace, the law also protects you from retaliation. Your employer cannot penalize you for reporting some types of wrongdoing, including discrimination and harassment – this is called engaging in legally protected activity.

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410 Hits

Supreme Court to Weigh in on Standard for Age Discrimination by Federal Employers

US Supreme Court
Age Discrimination and Federal Employers

On January 15, 2020, oral argument before the Supreme Court of the United States caught the attention of a news cycle primarily because Chief Justice John Roberts presented an interesting hypothetical question. Chief Justice Roberts presented a scenario in which an interviewer used the phrase “OK Boomer” while meeting with an older applicant. While the question presented by Chief Justice Roberts drew media attention because of the ongoing cultural discussion centered on the phrase “OK Boomer,” the argument before the court that day dealt with issues that could significantly change the way claims of age discrimination against federal employers are analyzed.

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434 Hits

New York State Enacts Law Banning Salary History Inquiries Goes Into Effect

Payday
The New York State Law Banning Salary History Inquiries

On July 10, 2019, Governor Andrew Cuomo signed into law a bill that will impact employers in New York with regard to inquiries asked of potential employees during interviews. The new law, effective January 6, 2020, will prohibit employers in New York from inquiring about an applicant’s salary history (including compensation and benefits) and from depending on that applicant’s previous wage or salary when deciding whether to extend a job offer or determining what that applicant’s prospective pay would be. This amendment to the New York Labor Law, specifically Labor Law Section 194-a, further prevents an employer in New York from seeking such information from the applicant’s previous employer. Moreover, employers are banned from retaliating against applicants or employees who refuse to disclose such information. If an applicant believes that an employer violated this law, he or she may bring a civil court action or can contact the Division of Labor Standards.

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417 Hits

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