Law Blog

Whistleblowers Face Challenges in Addition to Backlash in the Workplace

Whistleblower

Discovering workplace wrongdoing can lead to stress, but there are protections in place that prevent the backlash against you for accusing your employer of breaking the law. Unfortunately, these protections only go so far and many whistleblowers find themselves mired in stress and anxiety when faced with the decision to report wrongdoing against their employer.

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New York Expands Rights for Civil Service Workers

Disciplinary Action

On September 7, 2017, New York Governor Andrew Cuomo signed an amendment to Civil Service Law Section 75 extending notice and hearing rights to “Labor Class” employees after five years of continuous service. Previously, Labor Class employees (who were not veterans or exempt volunteer firefighters) were not afforded the right to written disciplinary charges and a hearing when facing charges that could impose a reprimand, fine, suspension without pay, demotion, or termination. After the recent amendment, all Labor Class employees with five years of continuous service will receive the protections of Civil Service Law Section 75, entitling them to a disciplinary notice and hearing. These protections are effective as of September 7, 2018, and Labor Class employees should familiarize themselves with their new rights; a brief outline is provided below.

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1720 Hits

Lopez v. 1923 Sneaker, Inc. d/b/a “Air Kicks” and Youkyung Choi, individually Case No.: 18-cv-03828

shoes

New Collective Action filed in the Eastern District of New YorkLopez v. 1923 Sneaker, Inc. d/b/a “Air Kicks” and Youkyung Choi, individually  Case No.: 18-cv-03828

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507 Hits

Douglas v. Anthem Productions, LLC d/b/a Anthem Sound, Stage, and Lighting, and Advanced Audio Technology, LLC d/b/a Anthem SSL, and Evaggelos Poulos a/k/a Angelo Poulos, individually, and Joseph Lodi, individually, and Jason Ojeda, individually Case No.: 1:18-cv-05789

stage lighting

New Collective Action filed in the Southern District of New YorkDouglas v. Anthem Productions, LLC d/b/a Anthem Sound, Stage, and Lighting, and Advanced Audio Technology, LLC d/b/a Anthem SSL, and Evaggelos Poulos a/k/a Angelo Poulos, individually, and Joseph Lodi, individually, and Jason Ojeda, individually Case No.: 1:18-cv-05789

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926 Hits

“Marital Status” Discrimination under the New York City Human Rights Law Expanded by the Appellate Division

marital status

Decisions issued by both federal courts and state courts in New York have recognized that the New York City Human Rights Law (“City HRL”) is far more expansive than other state and federal laws protecting employees from discrimination. The Appellate Division, First Department again affirmed this notion on September 6, 2018 in its recent decision in Morse v. Fidessa Corp.

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1362 Hits

New York’s Stop Sexual Harassment Law

NY

Once again, New York has taken the lead on legal issues in the workplace and is doing what it can to discourage sexual harassment on the job.

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547 Hits

Brown v. KA Investigations–Security, LLC Civil Case No.: 1:18-cv-05520

Security

New Class and Collective Action filed in the Southern District of New YorkBrown v. KA Investigations–Security, LLC Civil Case No.: 1:18-cv-05520

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759 Hits

What You Need to Know About Salary History Bans

pay

Around the country, cities and states have begun to pass laws that ban prospective employers from asking job applicants for their salary history.

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510 Hits

Firm Secures Settlement In The Amount Of $1,500,000.00 On Behalf Of Plaintiffs In Overtime Case

directions

Jordan v. MV Transportation, Inc., and MV Contract Transportation, Inc., and Michelaire Phanor, an individual, et al., Index #: 513422/2016, New York State Supreme Court, Kings County

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743 Hits

Judge grants Conditional Certification of Collective Action in the Eastern District of New York - Ramirez v. El Potrero Sport Bar, Inc.

Sports bar

Judge grants Conditional Certification of Collective Action in the Eastern District of New YorkRamirez v. El Potrero Sport Bar, Inc., Case No.: 18-cv-964

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694 Hits

Managing partner Michael J. Borrelli opines on Newsday query

newsday

Highly skilled and experienced lawyer in all areas of employment law, Managing Partner Michael J. Borrelli discusses various aspects of employee rights concerning wage and hour matters in Newsday. To read more about this and other employment issues on the Help Wanted column of Carrie Mason-Draffen, click the link below:https://www.newsday.com/business/workplace-questions-labor-laws-1.20688747

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495 Hits

Argudo v. Maletona Corp. d/b/a Fino Ristorante Italiano, and Peter G. Vulaj, individually Civil Case No.: 1:18-cv-06017

Italian Restaurant

New Action filed in the Southern District of New YorkArgudo v. Maletona Corp. d/b/a Fino Ristorante Italiano, and Peter G. Vulaj, individually Civil Case No.: 1:18-cv-06017

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680 Hits

What You Need to Know about Minimum Wage Law in New York

12341915759

Most states have a minimum wage that employers are required to pay employees and New York is no exception.

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626 Hits

Ametepe v. Peak Time Parking, Corp., and FIH Enterprise Inc., and Sam Dar Enterprises Inc., and Zafar Majeed, individually, and Fayyaz Khan, individually, and Naveed Anjum, individually, and Mustafa Ali Khandwalla, individually Case No.: 1:18-cv-05384

Parking

New Collective Action filed in the Southern District of New YorkAmetepe v. Peak Time Parking, Corp., and FIH Enterprise Inc., and Sam Dar Enterprises Inc., and Zafar Majeed, individually, and Fayyaz Khan, individually, and Naveed Anjum, individually, and Mustafa Ali Khandwalla, individually  Case No.: 1:18-cv-05384

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647 Hits

Flores v. New City Lawn & Landscape, Inc., and Joseph Monteferrante, individually Case No.: 7:18-cv-05456

Landscaper

New Collective Action filed in the Southern District of New YorkFlores v. New City Lawn & Landscape, Inc., and Joseph Monteferrante, individually Case No.: 7:18-cv-05456

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855 Hits

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.

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511 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

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675 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.

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1726 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.

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1599 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

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555 Hits

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