Law Blog

New Job? Tips for Giving Notice and Getting Your Final Paycheck

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If you have a get a new job here are some tips for giving notice and receiving a final paycheck from your old job

People leave jobs all the time. The consistency and commitment to an employer that was once expected is no longer the norm, in part because employers are not as dedicated to their employees anymore. The workforce has changed dramatically over the last half-century or so and it’s expected that most American workers will change jobs several times throughout their career, even if they remain in the same industry.

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487 Hits

NCAA Votes to Allow College Athletes to Benefit From Use of Name, Image, & Likeness

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New Rules will Allow College Athletes to Benefit From Use of Name, Image, & Likeness

On October 29, 2019, the NCAA Board of Governors voted unanimously to allow college athletes to benefit from their schools and third parties using their names, images, and likeness “in a manner consistent with the collegiate model.” This move was in response to bills in California, South Carolina and other states that would prohibit colleges from taking away scholarships or dismissing athletes for signing endorsement deals or hiring agents, which would give schools in those states a competitive advantage in recruiting compared to schools in other states. While the specific details are unclear at this point, each of the NCAA’s three divisions are to create regulations in support of this new NCAA policy by January 2021.

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438 Hits

McPherson v. Tropical Fantasy Bar & Lounge Inc., and Mukesh Persaud, individually, Civil Case No.: 19-cv-00599

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

McPherson v. Tropical Fantasy Bar & Lounge Inc., and Mukesh Persaud, individually, Civil Case No.: 19-cv-00599

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397 Hits

Mclean v. Cornucopia Logistics, LLC; Civil Case No.: 19-cv-00864

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

Mclean v. Cornucopia Logistics, LLC; Civil Case No.: 19-cv-00864

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345 Hits

Can My Current Employer Fire Me for Interviewing with Another Company?

Fired
Employment at Will -  Firing of an employee for a job interview with another company

Employment at will means you can be terminated for any reason without any notice. This would include a situation in which your employer believes you are interviewing with other companies or exploring the job market in any way. That said, many employers won’t fire you looking for another job because a terminated employee could have a right to certain benefits, whereas an employee who leaves of his or her own free will is sacrificing those benefits.

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363 Hits

Egan and Tavolilla v. Safeway Construction Enterprises, LLC, et al. Case No.: 19-cv-02052(RJD)(PK)

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

Egan and Tavolilla v. Safeway Construction Enterprises, LLC, et al. Case No.: 19-cv-02052(RJD)(PK)

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475 Hits

Supreme Court Could Extend Title VII Protection to Employees Terminated for Sexual Orientation or Gender Identity

US Supreme Court
Expanded Title VII Protections Under the Law, Supreme Court Could Extend Title VII Protection to Employees Terminated for Sexual Orientation or Gender Identity

On October 8, 2019, the Supreme Court heard oral arguments in three cases that could reshape the landscape of protections provided by Title VII of the Civil Rights Act of 1964. Title VII provides protection against employment discrimination based upon race, color, religion, sex and national origin. Historically, the term “sex” as used in the statute has been interpreted to protect individuals from discrimination on the basis of gender, but this has not been extended to provide federal protection to transgender individuals, nor has the term been applied to grant protection on the basis of an individual’s sexual orientation. There have been cases in which the Circuit Courts of Appeal have held that the protection afforded by Title VII extends to gender identity or sexual orientation, however these instances are limited, and often address only one category or the other, leaving substantial ambiguity and making this issue ripe for the Supreme Court.

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415 Hits

My Employer Questioned My Sick Time Off. Is This Legal?

sick leave
Sick Time Off

Have you taken time off from work for illness and your employer is questioning your actions or requiring proof of an illness? There are instances in which this is legal and times when it is not permitted. The rules governing what your employer can and cannot do depend on the type of leave you requested and your company’s overall time-off policy.

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461 Hits

Drug and Alcohol Addiction in the Workplace

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About Drug and Alcohol Addiction in the Workplace

The Americans with Disabilities Act (ADA) is designed to protect people with disabilities. Though many assume this pertains to alcohol and drug addiction, it only does under certain circumstances.

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426 Hits

Vilchez v. Violette’s cellar, LLC, Et Al. Civil Case No.: 18-cv-06832

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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

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517 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

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636 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.

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475 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.

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737 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.

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458 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.

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600 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.

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478 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.

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556 Hits

Employment Law - Just Cause vs. At-Will Employment

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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.

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480 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.

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687 Hits

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

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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

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805 Hits

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