Law Blog

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

Continue reading
  60 Hits
60 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

Continue reading
  126 Hits
126 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.

Continue reading
  138 Hits
138 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.

  231 Hits
231 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.

Continue reading
  166 Hits
166 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.

Continue reading
  186 Hits
186 Hits

When Does Workplace Harassment become Serious Enough to Report?

Stop Harassment
Report Workplace Harassment

A variety of things occur in workplaces across the country every day that might be questionable, but not all of them are breaking any laws. Many of these occurrences aren’t even unethical or warrant filing a report with human resources – they’re simply things that get on your nerves or make you wish you were employed elsewhere or better yet, independently wealthy. The laws governing workplace conduct are not general civility codes and are limited to protecting individuals from specific illegal conduct.

Continue reading
  242 Hits
242 Hits

Can I Be Fired for Something I Do Outside of the Workplace?

Fired
Getting Fired For Activities Outside of the Workplace

Today, with the widespread use of social media, it’s easy for anyone to know what anyone else is doing at any time. People are sharing more of their personal lives and in many ways, people have become less concerned about actions that might be perceived negatively.

Continue reading
  255 Hits
255 Hits

Employment Law - Just Cause vs. At-Will Employment

74319245
What does Just Cause and At-Will Employment Mean?

In every state except for Montana, the default rule for terms and conditions of employment is the “at-will” doctrine. This means that an employer can terminate an employee for any reason or for no reason at all, and in turn, the employee can resign at any time without having to specify any reason for doing so. However, there are exceptions to this rule: it is illegal for an employer to fire an employee for a discriminatory reason, in retaliation for either opposing discrimination, or in some cases, in retaliation for complaining about illegal practices. Also note that the at-will doctrine does not always apply in cases where employees are represented by a union in the workplace and have due process procedures in their collective-bargaining agreements that have to be exhausted before termination.

Continue reading
  224 Hits
224 Hits

$120,000.00 – Race and Gender Discrimination Case

Equality

Firm represented an African-American female against her former employer for violations of: the equal pay act provisions found in Section 206 of the Fair Labor Standards Act and Section 194 of the New York Labor Law and retaliation under those statutes for requesting equal pay for equal work; as well as gender discrimination, race discrimination, and retaliation, collectively in violation of Section 1981 of Title 42 of the United States Code, Title VII of the Civil Rights Act of 1964, as amended, the New York State Human Rights Law, and the New York City Human Rights Law. Despite our client’s qualifications and satisfactory performance, the employer refused to pay her equally in comparison to her similarly situated male colleagues and treated her disparately on the basis of her gender and race. After engaging in mediation, the Firm negotiated a pre-litigation settlement of $120,00.00. Michael J. Borrelli and Alexander T. Coleman handled the matter for the Firm.

  291 Hits
291 Hits

Abraham and Sylvester v. Promise Home Care Agency, Inc.; Case No.: 18-cv-04502

12344600662
Judge grants Conditional Certification of Collective Action in the Southern District of New York

Abraham and Sylvester v. Promise Home Care Agency, Inc.; Case No.: 18-cv-04502

Continue reading
  443 Hits
443 Hits

What is New York’s Fair Chance Act?

What is New York’s Fair Chance Act?

New York workers are entitled to a number of benefits under various federal, state, and city laws. The Fair Chance Act is an example of this.

Continue reading
  244 Hits
244 Hits

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

Grocery Store

Campos v. Guru Teg Holding Inc., d/b/a Maharaja Farmers Market, and Akshar Holdings Inc., d/b/a Maharaja Farmers Market, and Krishna Holding Inc., d/b/a/ Maharaja Farmers Market, and Amandeep Singh a/k/a “Tony” Singh, individually, and Sunil Patel, individually

Continue reading
  243 Hits
243 Hits

What is the FLSA?

20402330
The Fair Labor Standards Act (FLSA)

FLSA, which stands for the Fair Labor Standards Act, is a law that protects workers from workplace violations and practices related to wages and pay. The law created regulations that affect businesses and workers, including minimum wage guidelines and rules about overtime. In addition to wages, the FLSA also gives an explanation of what exempt and non-exempt means as it applies to employees and overtime.

Continue reading
  309 Hits
309 Hits

Union Picketing: Inflatable Rats Under Fire

No Rats
Labor Union Inflatable Rats Under Fire

Labor unions commonly use inflatable rats when they picket a company for using non-union labor in order to draw the attention of passersby and bring public awareness to their protest.

Continue reading
  334 Hits
334 Hits

New York City Becomes the First Municipality in the Country to Ban Marijuana Testing of Job Applicants

Marijuana
New York City Becomes the First Municipality in the Country to Ban Marijuana Testing of Job Applicants

On May 10, 2019, the New York City Council’s bill prohibiting employers from drug testing prospective employees for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana) was passed into law. The law, which is the first of its kind in the country, makes such testing an unlawful discriminatory practice under the New York City Human Rights Law.

Continue reading
  405 Hits
405 Hits

New Class and Collective Action filed in the Eastern District of New York Loja v. Jasco Designs, Inc., Civil Case No.: 18-cv-06190

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

Loja v. Jasco Designs, Inc., Civil Case No.: 18-cv-06190

Continue reading
  297 Hits
297 Hits

What You Need to Know about New York City’s Earned Sick Time Act

paid time leave
The Earned Sick Time Act in New York City

As of May 5, 2018, the New York City's Earned Sick Time Act permits employees paid time off, if they or their family members are victims of domestic violence. Such time off, referred to as “safe time” in the Act, may be utilized to address certain non-medical needs concerning domestic violence, sexual assault, stalking and human trafficking.

Continue reading
  297 Hits
297 Hits

Camilo v. Parrilla Latina Restaurant, et al., Case No.: 18-cv-09163(JPO)

44591742
Judge grants Conditional Certification of Collective Action in the Southern District of New York

Camilo v. Parrilla Latina Restaurant, et al., Case No.: 18-cv-09163(JPO)

Continue reading
  343 Hits
343 Hits

Appellate Division Denies Oscar De La Renta Appeal

Clothing shop
Employment Discrimination Appeal Denied

Diggs v. Oscar De la Renta, L.L.C., et al., Index No: 16175/2012

Continue reading
  334 Hits
334 Hits

910 Franklin Avenue
Suite 200
Garden City, NY 11530
Tel: 516-248-5550
Fax: 516-248-6027

655 Third Avenue
Suite 1821
New York, NY 10017
Tel: 212-679-5000
Fax: 212-679-5005