Law Blog

Does FMLA Offer Coverage for a Sick Pet?

rostig

The Family Medical Leave Act was created to help employees deal with difficult family situations that require more than just a few days away from work. Family obligations can be time-consuming and affect an employee’s frame of mind, so lawmakers designed FMLA to offer job protection for those who need to step away and deal with a problem.

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5058 Hits

Alvarado and Alvarado v. 2000 Auto Sales, Inc. d/b/a Smith Haven Chrysler Jeep Dodge Ram, and Chris Markakis, individually Case No.: 2:18-cv-02370

Discrimination

New Collective Action filed in the Eastern District of New YorkAlvarado and Alvarado v. 2000 Auto Sales, Inc. d/b/a Smith Haven Chrysler Jeep Dodge Ram, and Chris Markakis, individually Case No.: 2:18-cv-02370

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1265 Hits

Auto Dealership Service Advisors Exempt From Overtime Under The FLSA

Car Dealership

On April 2, 2018, the Supreme Court ruled 5-4 that service advisors at auto dealerships are exempt from overtime under the Fair Labor Standards Act (“FLSA”).

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1405 Hits

What You Should Know about Employer Funded Education

Education Image

Some employers offer benefits related to the education of employees. Companies provide this type of benefit because they know it is something that attracts the best and brightest in the industry, and a more educated employee is advantageous for the company. It’s a mutually beneficial arrangement and one you should consider when searching for a job.

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1035 Hits

Judge Grants Conditional Certification of Collective Action in the Southern District of New York Esperanza v. Dyckman Bar, Corp. et al Case No.: 1:17-CV-08766

bar

As previously reported on this website, in Esperanza v. Dyckman Bar, Corp. et al, on November 10, 2017, Lead Plaintiff Ms. Esperanza, on behalf of herself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Southern District of New York against her employer, Dyckman Bar, Corp. and Jose F. Galeas alleging willful violations of the Fair Labor Standards Act ("FLSA"), the New York Labor Law (“NYLL”) and the New York Codes, Rules, and Regulations (“NYCRR) including, but not limited to the failure of Defendants to compensate Plaintiff for overtime wages. The factual allegations of the case are referenced in our November 2017 blog post and are summarized as follows:

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1153 Hits

Hot Button Issue: A Spotlight on Graduate Students Trying to Unionize

labor union

At private universities across the country, graduate students who work as teaching and research assistants are attempting to unionize in the hopes of being able to collectively-bargain for increased stipends, better health benefits, and transparent grievance procedures, among other issues.

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962 Hits

Rafique v. Isham Broadway Pharmacy, Inc., and Satyanarayana Nekkanti, individually Case No.: 1:18-cv-02801

Pharma

New Collective Action filed in the Southern District of New YorkRafique v. Isham Broadway Pharmacy, Inc., and Satyanarayana Nekkanti, individually Case No.: 1:18-cv-02801

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1204 Hits

Job Interview on Your Agenda? Beware of these Questions!

Job Application Process

A job interview is one of the most stressful parts of job hunting. Despite the excitement and opportunity of being offered the job, the initial stages of meeting a potential employer and making a good impression are tough.

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1533 Hits

Liberty v. Northwell Health, Inc. d/b/a North Shore University Hospital Case No.: 2:18-cv-01633

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New Collective Action filed in the Eastern District of New YorkLiberty v. Northwell Health, Inc. d/b/a North Shore University Hospital Case No.: 2:18-cv-01633

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2899 Hits

Has Your Employer Agreed to Allow Telecommuting? Here’s What You Need to Know!

Telecommuting Employment Law

Telecommuting has grown in popularity in the last decade. This is due in part to the fact that the internet and other communication technology has made it so much easier for people to work from home. Telecommuting is a great way to allow employees freedom and flexibility, while still ensuring they are able to meet their work responsibilities.

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1230 Hits

Case Update: Brown v. Michael Della Vecchia & Son Inc. et al.,(Case No.: 1:17-CV-06094) Judge grants Conditional Certification of Collective Action in the Eastern District of New York

Columns

As previously reported on this website, in Brown v. Michael Della Vecchia & Son Inc. et al.,(Case No.: 1:17-CV-06094) on October 18, 2017, Lead Plaintiff Mr. Brown, on behalf of himself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Eastern District of New York against Michael Della Vecchia & Son Inc., and Anthony Della Vecchia, individually, alleging willful violations of the Fair Labor Standards Act ("FLSA") and the New York Labor Law (“NYLL”) including, but not limited to the failure of Defendants to pay overtime wages. The factual allegations of the case are referenced in our October 2017 blog post and are summarized as follows. 

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1561 Hits

Unpaid Wages Case Update (Docket No.: 17-CV-5041) Judge grants Conditional Certification of Collective Action in the Eastern District of New York

gavelflagscale

Judge grants Conditional Certification of Collective Action in the Eastern District of New YorkAs previously reported on this website, in Henry v. Prishtina Construction Designs, Inc., on August 25, 2017, Lead Plaintiff Mr. Henry, on behalf of himself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Eastern District of New York against Prishtina Construction Designs, Inc., and Flamur Prishtina, individually, alleging willful violations of the Fair Labor Standards Act ("FLSA") including, but not limited to the failure of Defendants to pay overtime wages. The factual allegations of the case are referenced in on our New York employment lawyer court decisions page and are summarized as follows:

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1232 Hits

Smajlaj v. Pritchard Industries, Inc. Case No.: 1:18-cv-02243

money

New Collective Action filed in the Southern District of New YorkSmajlaj v. Pritchard Industries, Inc. Case No.: 1:18-cv-02243

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1346 Hits

Second Circuit Rules that sexual orientation discrimination is illegal under Federal Law

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As we previewed in our earlier post LGBTQ Rights and the Workplace, the Second Circuit Court of Appeals in New York has released its decision in Zarda v. Altitude Express, holding that sexual orientation discrimination is considered sex discrimination under Title VII of the Civil Rights Act of 1964. Sex discrimination is one of the types of discrimination historically barred under Title VII. After a 10-3 vote, Chief Judge Robert Katzmann authored the majority opinion, which gives three separate legal grounds for their holding.

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1006 Hits

State and Federal Governments Respond to Sexual Harassment Claims

metoo

Within the last six years, at least 1,000 New York State government employees have made sexual harassment complaints regarding incidents in the workplace. According to a recent Politico report, New York State taxpayers have paid at least $6.4 million for settlements connected to these complaints since 2012. This amount is comprised of 54 cases settled for a combined $5,552,880. This also includes 18 out-of- court settlements; a $60,939 judgment by the State’s Division of Human Rights; and a $103,080 payment in 2012 for misconduct by former Assemblyman Vito Lopez. The agencies with the most complaints include the Department of Corrections and Community Supervision, the Office of Mental Health, and the Office of Children and Family Services. In Governor Cuomo’s State of the State, he discussed legislation that would “prevent taxpayer funds from being used for settlements against individuals relating to sexual assault and harassment.”

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1017 Hits

New Collective Action filed in the Eastern District of New York

Murray v. Ambassador College Bookstores Inc.Case No.: 2:18-cv-01388

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1050 Hits

What Employees Need to Know about Background Checks

background check

Depending on the field in which you are seeking employment, a background check might be commonplace. Many employers run background checks on applicants for protection. In addition to protecting their own interests, they also need to be sure it’s safe for their employees to interact with clients since they can be held responsible for exposing clients to danger.

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5489 Hits

Guzman-Reina v. ABCO Maintenance, Inc., and James Virga, individually, Thomas Virga, individually, and Pete Ghazarian, individually Case No.: 17-cv-01299

gavelweb

Judge grants Conditional Certification of Collective Action in the Eastern District of New YorkGuzman-Reina v. ABCO Maintenance, Inc., and James Virga, individually, Thomas Virga, individually, and Pete Ghazarian, individually. Case No.: 17-cv-01299

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2743 Hits

NY State Paid Family Leave Comes Into Effect

happy family

Starting January 1, 2018, many New York workers will be eligible to take Paid Family Leave under New York’s new law. For those eligible, which includes full-time employees after 26 consecutive weeks of employment and part-time employees after 175 non-consecutive days of employment, there will be available up to eight weeks of leave time during which the employee will receive 50% of their weekly salary (capped at 50% of the state average). Both the amount of leave time and weekly salary percentage will increase in coming years.

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997 Hits

Aquino v. Joseph’s Auto Center, Inc., and Carl Bucalo, individually Case No.: 18-cv-2009

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New Collective Action filed in the Southern District of New YorkAquino v. Joseph’s Auto Center, Inc., and Carl Bucalo, individually Case No.: 18-cv-2009

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1480 Hits

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