Law Blog

Temporary Schedule Changes: New NYC law gives employees more flexibility

schedule

On July 18, 2018, the new Temporary Schedule Change Law took effect in New York City. Under the law, covered employees have a right to temporary changes to their work schedule for certain “personal events.” All employees who work over 80+ hours per calendar year in NYC and who have been employed by their employer for more than 120 days are covered by this law. Government employees, certain collective bargaining employees, and certain employees in motion picture, television, and live entertainment industries are exempt from the new law. The new law also requires that employers place a conspicuous notice of the law in the workplace.

Continue reading
  670 Hits
670 Hits

Bardhaj v. 50 Broadway Realty Corp., Civil Case No.: 1:18-cv-04503

NYC

New Action filed in the Southern District of New YorkBardhaj v. 50 Broadway Realty Corp., Civil Case No.: 1:18-cv-04503

Continue reading
  926 Hits
926 Hits

Former Assistant United States Attorney Thomas R. Price Joins New York Employment Law Firm, Borrelli & Associates, P.L.L.C. as a Senior Attorney

Thomas R. Price

Borrelli & Associates, P.L.L.C. is pleased to announce that attorney Thomas R. Price recently joined the firm as a Senior Associate. Prior to joining our team, Thomas was an Assistant United States Attorney (AUSA) in the Civil Division of the United States Attorney’s Office for the Eastern District of New York (EDNY). As part of the Department of Justice’s Financial Fraud Task Force, Thomas investigated allegations of fraud in the creation and issuance of residential mortgage-backed securities (RMBS) by large financial institutions. His work as an AUSA also included handling FCA qui tam actions, representing government agencies in litigation, and obtaining a permanent injunction against eleven defendants engaged in a multi-million-dollar international mail fraud scheme. Prior to becoming an AUSA, Thomas worked with the EDNY in its investigation of Citigroup, Inc.’s issuance of RMBS, which resulted in a record seven-billion-dollar settlement. Thomas also has three and one-half years of experience as a Litigation Associate for a large international law firm, where he worked on a variety of complex commercial matters, including: product liability, anti-trust, breach of contract, securities litigation, and violations of the Fair Labor Standards Act and the Racketeer Influenced and Corrupt Organizations Act. During his time as a Litigation Associate, Thomas helped establish a pro bono practice focused on providing veterans with assistance in seeking medical and disability benefits from the U.S. Department of Veterans Affairs. Additionally, Thomas has experience in the areas of general business law, employment, healthcare and vaccine injury from four years in private practice.

Continue reading
  2073 Hits
2073 Hits

Non-Compete Agreements: What You Need to Know to Protect Yourself

Non Compete

Non-compete agreements are created by employers to prevent employees from taking their talents to a direct competitor. The agreement is usually part of the overall employment contract, though it might be an individual document, and is often for a pre-determined period of time.

Continue reading
  1853 Hits
1853 Hits

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

Home care

New Collective Action filed in the Southern District of New YorkAbraham and Sylvester v. Promise Home Care Agency, Inc. Case No.: 18-cv-04502

Continue reading
  738 Hits
738 Hits

Sexual Harassment Laws Expanded

MeToo

In the wake of the #MeToo movement, the New York State Legislature and New York City Council have enacted broad expansions to the laws regarding sexual harassment in the workplace. As these laws take effect, it is important to note how your legal rights may have changed. Below is an overview of many of the significant changes that are, or will be, taking effect:

Continue reading
  1170 Hits
1170 Hits

Discovery of Defendants’ Alleged “Virtual Private Network” Leads to Class Action Settlement of $920,741.42

stratfs logo

Jones v. Strategic Financial Solutions L.L.C., and Pioneer Law Firm, P.C., d/b/a The Law Offices of John Dougherty and Associates, and Timberline Capital Ventures, Inc., and Harbor Legal Group, L.L.C., d/b/a The Law Offices of G. Anthony Yuthas, and Credit Advocates Law Firm, LLC, Case No: 16-cv-04617

Continue reading
  1052 Hits
1052 Hits

Jones v. The Montessori School of Kingston Inc., and Talat F. Mallick, individually Case No.: 5:00-at-99999

Teacher Class

New Action filed in the Northern District of New YorkJones v. The Montessori School of Kingston Inc., and Talat F. Mallick, individually Case No.: 5:00-at-99999

Continue reading
  803 Hits
803 Hits

Carillo v. Elonis Restaurant, Inc. d/b/a Landmark Diner, and John Tiglias, individually, and Thomas Tiglias, individually Case No.: 18-cv-03227

Landmark

New Collective Action filed in the Eastern District of New YorkCarillo v. Elonis Restaurant, Inc. d/b/a Landmark Diner, and John Tiglias, individually, and Thomas Tiglias, individuallyCase No.: 18-cv-03227

Continue reading
  965 Hits
965 Hits

Sick Time, ADA, and Mental Illness

12360527084

Most people understand the law protects people with disabilities. Laws provide protection for consumers just trying to live normal, healthy lives, as well as those who are employees. Employers are legally required to accommodate employees with disabilities.

Continue reading
  800 Hits
800 Hits

Contracted or Employed? Legal Status of “Gig” Workers Remains Uncertain

bike lane

In the modern employment world, people are increasingly taking advantage of the “gig” businesses, like Uber, GrubHub, or Upwork, as a full-time job. While the flexibility of these gig jobs is enticing, those who work for these gig businesses need to understand the nature of their relationship, specifically: are they an employee or a contractor? Many people view themselves as employees, especially when they rely on a gig business as their main source of income, however, in Matter of Vega [Postmates Inc.], decided June 21, 2018, the New York Appellate Division of the Third Department issued an opinion addressing this question by examining the working relationship of a Postmates delivery worker, Mr. Vega. Mr. Vega had been terminated and sought unemployment insurance benefits, which Postmates opposed on the grounds that Mr. Vega was not an employee and thus not entitled to the benefits. The Department of Labor Commissioner ultimately decided that Mr. Vega qualified as an employee. Postmates appealed the decision of the Commissioner and in Matter of Vega [Postmates Inc.], the court overturned the Commissioner’s decision, finding that there was no employment relationship.

Continue reading
  740 Hits
740 Hits

Alvarez v. Magan Food Enterprises, Inc. d/b/a Hubba’s, and Carlos Magan, individually Case No.: 7:18-cv-04841

Cooks

New Action filed in the Southern District of New YorkAlvarez v. Magan Food Enterprises, Inc. d/b/a Hubba’s, and Carlos Magan, individually Case No.: 7:18-cv-04841

Continue reading
  859 Hits
859 Hits

Kukic and Sahmanovic v. Romad Realty LLC, and HHRMC LLC, and David Kornitzer, and Harry Hirsch, Case No.: 1:18-cv-04629

Apartment Buildings

New Action filed in the Southern District of New YorkKukic and Sahmanovic v. Romad Realty LLC, and HHRMC LLC, and David Kornitzer, and Harry Hirsch, Case No.: 1:18-cv-04629

Continue reading
  1458 Hits
1458 Hits

Court Grants Default Judgment for $204,838 in Action for Overtime and Minimum Wage Violations

dealership

$240,838.13 – Action for Overtime and Minimum Wage Violations Logan v. World Luxury Cars, Inc. d/b/a/ Boss Auto Premier, Nadia Lev and Arik Lev, each in their individual and professional capacitiesCase No: 1:15-cv-00248-RRM-PK, Eastern District of New York

Continue reading
  952 Hits
952 Hits

Henderson v. AFG Group, Inc., Case No.: 1:18-cv-04179

Consultants

New Action filed in the Southern District of New YorkHenderson v. AFG Group, Inc., Case No.: 1:18-cv-04179On May 9, 2018, Plaintiff Ms. Henderson, filed a civil action lawsuit in United States District Court – Southern District of New York against AFG Group, Inc. The complaint alleges as follows:

Continue reading
  828 Hits
828 Hits

What Benefits are You Entitled to When You Leave Your Job?

Business Phone Call

People leave jobs all the time and for a variety of reasons. It’s just a part of the modern-day business world. There are very few people anymore who remain with the same company over the long haul and employers expect turnover within their company.

Continue reading
  700 Hits
700 Hits

Borrelli & Associates negotiates $135K settlement for Age Discrimination and Unpaid Wages

12335143291

New York employment law firm, Borrelli and Associates, P.L.L.C represented a client against her employer, an international interior design association, for claims of age discrimination in violation of the Age Discrimination in Employment Act, the New York State Human Rights Law, the New York City Human Rights Law, as well as for claims of unpaid wages in violation of the Fair Labor Standards Act, the New York Labor Law, and the New York Codes, Rules, and Regulations. The client alleged that the company took several adverse actions against our client due to her age in an effort to force her from her employment. Further, the company misclassified her as exempt from federal and state overtime laws and thus cheated her out of her overtime wages. The Firm negotiated a pre-litigation settlement of $135,000.00. Michael J. Borrelli, Alexander T. Coleman, and Jeffrey Maguire handled the matter on behalf of the Firm.

  956 Hits
956 Hits

Brininger v. Fred A. Cook, Jr., Inc., and Brian F. Cook, individually Docket No.: 18-cv-4579

Water Treatment

New Collective Action filed in the Southern District of New YorkBrininger v. Fred A. Cook, Jr., Inc., and Brian F. Cook, individually  Docket No.: 18-cv-4579

Continue reading
  1399 Hits
1399 Hits

Hearings on Eliminating the Tip Credit Wrap Up Across New York State

Restaurant Check

In December 2017, Governor Andrew Cuomo announced that the New York State Department of Labor would be conducting hearings regarding the elimination of the so-called “tip credit,” which allows workers in predominantly service industry jobs to receive an hourly wage that is below the applicable minimum wage, as long as they receive enough tips so that their take-home pay reaches the threshold of minimum wage. In New York City, for example, the applicable 2018 minimum wage is $13.00 per hour, but restaurants employing eleven or more employees are able to pay their workers a minimum of $8.65 per hour, as long as their employees make at least $4.35 per hour in tips, or the restaurant must make up the difference. There are varying minimum wage rates and allowable tip credits for Long Island, Westchester, and the rest of New York State as well.

Continue reading
  960 Hits
960 Hits

Judge grants Conditional Certification of Collective Action in the Eastern District of New York | Ramirez-Marin v. JD Classic Builders Corp. and George Roth

Construction

Ramirez-Marin v. JD Classic Builders Corp. and George Roth, an individual Case No.: 1:16-cv-05584-DLI-RERAs previously reported on this website, in Ramirez-Marin v. JD Classic Builders Corp, et al., on October 6, 2016, Lead Plaintiff Ernesto Ramirez-Marin, on behalf of himself and those similarly situated, filed a class and collective action lawsuit against JD Classic Builders Corp and George Roth, individually, alleging willful violations of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Comp. Codes, Rules, and Regulations (“NYCCRR”), including the failure of Defendants to compensate Plaintiff for overtime wages. The factual allegations of the case are referenced in our January 2017 blog post and are summarized as follows.

Continue reading
  962 Hits
962 Hits

Logo

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