Law Blog

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

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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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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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875 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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1046 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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813 Hits

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

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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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846 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

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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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1426 Hits

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

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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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768 Hits

What is “Cooperative Dialogue”?

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“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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1488 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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1603 Hits

What You Need To Know About Constructive Termination

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What is "Constructive Termination"

Employees suffering from illegal discrimination and/or retaliation at work are often fired from their job as the culmination of a series of adverse actions taken against them. However, what if there is such a strong hostile work environment rife with discrimination and retaliation that causes an employee to want to quit their job before they are ever fired? Could that employee still have an unlawful termination claim under the law?

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Can Your Boss Retaliate Against You for Standing Up for Yourself Without Violating the Law?

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The short answer in New York is: maybe.

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Gray v. Mid-Bronx CCRP Early Childhood Center Inc., and Mid-Bronx Community Council, Inc., d/b/a Mid-Bronx Council, and Mid-Bronx Senior Citizens Council, and Concourse Area Housing Corp., and Walter E. Puryear, III, individually Civil Case No.: 1:18-cv-07934

Early Childhood Learning Center

New Class and Collective Action filed in the Southern District of New YorkGray v. Mid-Bronx CCRP Early Childhood Center Inc., and Mid-Bronx Community Council, Inc., d/b/a Mid-Bronx Council, and Mid-Bronx Senior Citizens Council, and Concourse Area Housing Corp., and Walter E. Puryear, III, individually Civil Case No.: 1:18-cv-07934

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1194 Hits

New York City and State Minimum Wage to Increase

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New York State Minimum Wages Increase on December 31, 2018

As the holidays approach, it is easy to lose track of time, and before we know it, we are several months into 2019. However, please remember that the minimum wage is set to increase on December 31, 2018 for New York City and New York State.

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1070 Hits

Has Your Employer Misclassified You to Avoid Compensating You?

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Employee misclassification is one of the most common problems in the workplace.

In some cases, misclassification is a mistake and an employer just doesn’t understand the different classifications or their responsibilities concerning each type. But in other cases, employers intentionally misclassify employees to avoid providing benefits.

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1455 Hits

New Ruling Expands the Age Discrimination in Employment Act to Cover Small Government Employers

Age Discrimination

On November 6, 2018, the U.S. Supreme Court issued a unanimous decision in Mount Lemmon Fire District v. Guido, holding that the Age Discrimination in Employment Act of 1967 (“ADEA”) applies to state and federal government employers regardless of their size. In Mount Lemmon, a small Arizona municipal fire department terminated its two oldest employees, arguing that it was exempt from the requirements of the ADEA because it had fewer than 20 employees. The Supreme Court disagreed and found that all government employers, regardless of size, are subject to the ADEA. The Supreme Court’s opinion focused its analysis on the phrase “also means” as it was used in the statute, finding that the phrase was additive as opposed to clarifying and meant that under the statute “employer” “also means … a State or political subdivision of a State.” As a result of the decision, employees working for state or federal government agencies with less than 20 employees now have protection against discrimination on the basis of age and it is important for such employees to be aware of their new rights and protections.

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1635 Hits

Angerosa v. Moving Right Along Service, Inc. and Jim Rueda, individually Case No.: 18-cv-04810

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New Class and Collective Action filed in the Eastern District of New YorkAngerosa v. Moving Right Along Service, Inc. and Jim Rueda, individually Case No.: 18-cv-04810

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Are Undocumented Workers Entitled to Workers Compensation?

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Undocumented workers have traditionally tried to stay “under the radar” to avoid problems, but what happens when someone experiences an injury on the job and needs compensation? If a person has been working for a company and suffers an injury that requires medical attention, is he or she on the hook for the cost of medical treatment due to a lack of proper documentation?

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2552 Hits

Bailey v. Edison Liquidating, LLC d/b/a Edison Home Health Care Civil Case No.: 18-cv-04401

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New Civil Action filed in the Eastern District of New YorkBailey v. Edison Liquidating, LLC d/b/a Edison Home Health Care Civil Case No.: 18-cv-04401

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1346 Hits

Transgender Rights in the Workplace Under Fire

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Defining “sex” for purposes of Title IX of the Educational Amendments Act of 1972 as meaning a “person’s status as male or female based on immutable biological traits identifiable by or before birth"

Earlier this week, the Trump administration announced that it was considering defining “sex” for purposes of Title IX of the Educational Amendments Act of 1972 as meaning a “person’s status as male or female based on immutable biological traits identifiable by or before birth . . . The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.” This would be an effective refusal by the federal government to recognize transgenders as an entity.

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