Law Blog

Paid Time Off (PTO) Changes in New York Could Be on the Horizon

Paid Time Off
New York Proposes Changes to Paid Time Off Rules

Paid time off (PTO) is a term used to describe time employees are entitled to pay when they are away from work. PTO is sometimes categorized more specifically as sick time or vacation time or by other similar terms, but this is becoming increasingly less popular.

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69 Hits

OSHA “Repeals” Obama-era Safety Rule

OSHA
OSHA Rule Appealed

On January 25, the Trump administration officially repealed sections of an Occupational Health and Safety Administration (“OSHA”) rule enacted by the Obama administration regarding the tracking of workplace injuries and illnesses.

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96 Hits

Riley v. Tastee Pattee, Ltd., and Thomas Patterson, individually, and Michael A. Patterson, individually, Civil Case No.: 18-cv-05562

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

Riley v. Tastee Pattee, Ltd., and Thomas Patterson, individually, and Michael A. Patterson, individually, Civil Case No.: 18-cv-05562

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112 Hits

How to Know If You Were Wrongfully Terminated

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Were you Wrongfully Terminated?

Job termination is a fact of life. Employees are let go all the time and in many cases, the reasons for termination are justified.

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116 Hits

The New NYC Lactation Room Laws

Breast Pump
NYC New Lactation Law Room Law Will be in Effect on March 18, 2019

In late 2018, New York City passed two new laws requiring employers with 15 or more employees to: 1) provide a lactation room for breastfeeding employees; and 2) establish an accommodation request process and policies for nursing employees. These new laws are set to take effect on March 18, 2019, and provide protections specifically for employees that have recently given birth and need to breastfeed or use a breast pump for expressing breast milk.

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148 Hits

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

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Brininger v. Fred A. Cook, Jr., Inc., and Brian F. Cook, individually, Civil Case No.: 18-cv-4579(CS)

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176 Hits

New Jersey Minimum Wage Set to Increase

Minimum Wage Increase
New Jersey Minimum Wage Will Increase to $15.00 per hour for most employees by 2024

On February 4, 2019, New Jersey Governor Phil Murphy signed into law a bill passed by the New Jersey Legislature that will raise the New Jersey minimum wage to $15.00 per hour for most employees by 2024.

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131 Hits

Torres and Tavarez v. Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individually Civil Case No.: 18-cv-8997

Car body work

New Collective Action filed in the Southern District of New YorkTorres and Tavarez v. Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individuallyCivil Case No.: 18-cv-8997

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165 Hits

New York Adds Gender Expression as Protected Class

Gender
Gender Expression is Protected

On January 15, 2019, the New York State legislature passed the Gender Expression Nondiscrimination Act (“GENDA”) which adds “gender identity and expression” to the protected categories of the New York State Human Rights Law (“NYSHRL”). Currently, the NYSHRL prohibits discrimination based on sex and sexual orientation but courts have not interpreted this category to extend to discrimination based on gender identity or expression. With the passage of GENDA, and pending Governor Cuomo’s expected signature, the NYSHRL will prohibit discrimination based on gender identity and expression, extending significant protections to transgender and gender variant individuals across the state.

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254 Hits

Federal Employees Challenge Working Without Pay During Government Shutdown

Shut Down
Challenge to Working Without Pay During Government Shutdown by Federal Workers Begins

In the midst of the longest federal government shutdown in American history, approximately 800,000 federal employees have been negatively impacted. Many of these workers have been deemed “non-essential” and have been furloughed (sent home without pay) until the government reopens. However, those employees that are deemed “essential” (think Border Patrol and Transportation Security Administration agents, and air traffic controllers) are required to work without pay. As the shutdown continues, President Trump has recalled approximately 46,000 previously-furloughed employees back to work, mostly from the Internal Revenue Service, the Food and Drug Administration, and the Federal Aviation Administration. More may be recalled in the coming days and weeks.

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179 Hits

Judge grants Conditional Certification of a Nation-Wide Collective Action in the Southern District of New York Sealock v. Covance Market Access Services, Inc.

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Judge grants Conditional Certification of a Nation-Wide Collective Action in the Southern District of New YorkSealock v. Covance Market Access Services, Inc., Civil Case No.: 17-cv-05857-JMF

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237 Hits

What You Need to Know about the New York’s Freelance Isn’t Free Act

freelance
New York’s Freelance Isn’t Free Act

New York’s Freelance Isn’t Free Act, officially titled Establishing Protections for Freelance Workers Act is a New York City law created to protect workers. Mayor Bill de Blasio signed the law in an effort to strengthen protections for freelance workers.

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213 Hits

Alvarez v. Cambridge Kitchens MFG Inc. and Neoklis Vasiliades, individually Civil Case No.: 18-cv-05419

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New Collective Action filed in the Eastern District of New YorkAlvarez v. Cambridge Kitchens MFG Inc. and Neoklis Vasiliades, individually Civil Case No.: 18-cv-05419

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199 Hits

Feldman v. Malba Gardens Owners Corp., and Direct Management Corp., and Jake Demosthenous, individually Civil Case No.: 1:18-cv-05095

Building Maintenance

New Action filed in the Eastern District of New YorkFeldman v. Malba Gardens Owners Corp., and Direct Management Corp., and Jake Demosthenous, individually Civil Case No.: 1:18-cv-05095

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183 Hits

What You Need to Know about New York’s Temporary Schedule Change Law

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New York’s Temporary Schedule Change Law

In July 2018, a New York City law went into effect that made it a requirement for employers to grant up to two temporary schedule changes for employees dealing with “personal events.”

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164 Hits

New York State Department of Labor submits proposed regulations on employee scheduling

calendar
New York regulations on employee scheduling proposed

On December 12, 2018, the New York State Department submitted proposed regulations on employee scheduling for public comment. These proposed regulations require employers to compensate employees for unscheduled shifts, canceled shifts and “on-call” shifts.

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193 Hits

Rodriguez v. 149 Street Food Corp. d/b/a Fine Fare Supermarket, and 675 Morris Ave Food Corp. d/b/a Fine Fare Supermarket, and Franklin Pimentel, individually, and Daisy Pimentel, individually, and Rigo Delgado, individually Civil Case No.: 1:18-cv-07933

fruits vegetables market
New Class and Collective Action filed in the Southern District of New York

Rodriguez v. 149 Street Food Corp. d/b/a Fine Fare Supermarket, and 675 Morris Ave Food Corp. d/b/a Fine Fare Supermarket, and Franklin Pimentel, individually, and Daisy Pimentel, individually, and Rigo Delgado, individually Civil Case No.: 1:18-cv-07933

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201 Hits

New York City Enacts Nation’s First Minimum Compensation Regulation for Ride Hailing Apps

ride hailing
New York City's ride-hailing minimum compensation regulation is the first in the nation

On December 4, 2018, the New York City Taxi and Limousine Commission (T&LC) announced new driver income and transparency rules for drivers of popular ride hailing apps Uber, Lyft, Via, and Gett/Juno. The new rules are anticipated by the T&LC to go into effect in mid-January 2019 and are the first in the nation to set a minimum compensation for drivers of these ride hailing apps. Previously, because drivers were considered independent contractors, they were not subject to any minimum compensation regulations but with these new rules, drivers will earn the equivalent of $27.86 per hour gross, or $17.22 per hour after expenses. The T&LC anticipates that 96% of the approximate 80,000 drivers for Uber, Lyft, Via, and Gett/Juno will receive almost $10,000 more per year.

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214 Hits

What is “Cooperative Dialogue”?

dialogue
“Cooperative Dialogue” in Employment Law

Making a request for accommodations in the workplace can be a stressful and intimidating process for many. Luckily, New York has enacted guidelines to make the process easier for employees and employers.

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214 Hits

Should You File a Failure to Hire Lawsuit?

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What is a Failure to Hire Lawsuit?

If you’re searching for a job you already know how stressful the experience is even under the best of circumstances. The lucky ones who manage to land their dream job after just a few interviews still must deal with stress, uncertainty, and uncomfortable or awkward situations.

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226 Hits

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