Law Blog

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

ride hailing
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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624 Hits

What is “Cooperative Dialogue”?

dialogue
“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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848 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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1124 Hits

What You Need To Know About Constructive Termination

quit job
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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1884 Hits

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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1572 Hits

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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905 Hits

New York City and State Minimum Wage to Increase

payday
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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833 Hits

Has Your Employer Misclassified You to Avoid Compensating You?

classify
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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1020 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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1233 Hits

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

movers

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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758 Hits

Are Undocumented Workers Entitled to Workers Compensation?

liberty

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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1689 Hits

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

health care

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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1032 Hits

Transgender Rights in the Workplace Under Fire

Gender
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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571 Hits

NY Election Law provides protections for employees seeking to vote

Vote

As everyone is probably aware, the 2018 midterm elections are coming up in New York and throughout the United States. In New York, the polls open on November 6th at 6:00 a.m. and stay open until 9:00 p.m. However, if you feel that may not be enough time to exercise your right to vote, New York State Election Law may be able to help.

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883 Hits

Urias v. Between The Bun Enterprises Inc. and Mala Ramsahai, individually Civil Case No.: 18-cv-04352

restaurant

New Collective Action filed in the Eastern District of New YorkUrias v. Between The Bun Enterprises Inc. and Mala Ramsahai, individually Civil Case No.: 18-cv-04352

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669 Hits

Final Version of New York’s New Sexual Harassment Policy Now in Effect

metoo

The New York State Division of Human Rights (“NYSDHR”) released the final version of the new sexual harassment policy, along with training guidelines, on October 1, 2018 and the new, updated policy took effect on October 9, 2018. The final policy contains some changes from the earlier proposed version, most notable however, is that employers now have until October 9, 2019, to provide employees with the mandated training in accordance with the new policy. Other changes include removal of the “zero tolerance policy” language as it conflicted with federal guidelines on sexual harassment policies and removal of the requirement that new hires receive sexual harassment training within thirty days in favor of encouraging employers to complete new hire training “as soon as possible.” Additional changes to the policy from the proposed policy and required training are listed below:

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668 Hits

Have You Been Threatened in the Workplace? Here’s What to Do

hostile work environment law
Hostile Work Environment

The workplace can be a tumultuous place where we must deal with demanding bosses, moody co-workers, and difficult customers or clients. The price employees pay for financial security is enough to give anyone a headache, but what happens when a not-so-pleasant situation turns into one that is downright hostile?

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6268 Hits

Liriano v. Quatro Amici, Inc. d/b/a Paradiso Ristorante & Pizzeria and Diego Stornello, an individual, Civil Case No.: 18-cv-00134

Pizza

Judge grants Conditional Certification of Collective Action in the Eastern District of New YorkLiriano v. Quatro Amici, Inc. d/b/a Paradiso Ristorante & Pizzeria and Diego Stornello, an individual, Civil Case No.: 18-cv-00134

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919 Hits

New Workplace Accommodation Requirements for NYC Employers

Workplace

Effective October 15, 2018, employers in New York City will be required to engage in a “cooperative dialogue” with any person who may be entitled to a workplace accommodation. This recent amendment to the New York City Human Rights Law (“NYCHRL”) expands an employer’s obligation to address possible accommodations with the employee beyond what is required under either Federal or New York State law, and further expands the categories for which an employee may request accommodations.

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1103 Hits

Carlo v. Prestige Lawns, Inc. and Rodney Wechsler, individually Civil Case No.: 18-cv-05578

landscaper

New Collective Action filed in the Southern District of New YorkCarlo v. Prestige Lawns, Inc. and Rodney Wechsler, individually Civil Case No.: 18-cv-05578

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1075 Hits

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