Law Blog

New York Employees Right to Vote in the Upcoming Election

Vote

With the election right around the corner on Tuesday, November 3, many Americans are eager to cast their votes.  Before rushing to the polls, New Yorkers should be aware The State has once again amended Section 3-110 of the New York State Election Law.[i]  Employees are now entitled to only two hours of paid time to vote – as compared to four hours prior to the amendment -- and only if the employee does not have sufficient time to vote.

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7 Hits

Lara v. Broadway S/S Inc.; Case No.: 20-cv-05010-LGS

Labor Law
Judge grants Conditional Certification of Collective Action in the Southern District of New York

Lara v. Broadway S/S Inc.; Case No.: 20-cv-05010-LGS

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64 Hits

Mena and La Bamba Bar Lounge Inc. v. Incorporated Village of Freeport and Joseph Madigan, individually, and Jonathan Smith, individually, and Robert T. Kennedy, individually, and Miguel Bermudez, individually, Civil Case No.: 19-cv-06255

bar
New Action filed in the Eastern District of New York

Mena and La Bamba Bar Lounge Inc. v. Incorporated Village of Freeport and Joseph Madigan, individually, and Jonathan Smith, individually, and Robert T. Kennedy, individually, and Miguel Bermudez, individually, Civil Case No.: 19-cv-06255

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86 Hits

Mendez v. Mazzola Bakery, Inc., and Frank Caravello, individually, and Francesco Caravello, individually, and Josephine Messina, individually, Civil Case No.: 19-cv-05842

Breads
New Action filed in the Eastern District of New York

Mendez v. Mazzola Bakery, Inc., and Frank Caravello, individually, and Francesco Caravello, individually, and Josephine Messina, individually,Civil Case No.: 19-cv-05842

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92 Hits

Le v. Triza Electrical Corp., and Chris Triantafillou, individually and Abdessamad Elhaddad, individually,Civil Case No.: 19-cv-05134

Electrical Items
New Action filed in the Eastern District of New York

Le v. Triza Electrical Corp., and Chris Triantafillou, individually and Abdessamad Elhaddad, individually,Civil Case No.: 19-cv-05134

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  85 Hits
85 Hits

Gordon v. General Property Management Associates, Inc. Civil Case No.: 19-cv-08107

skyscrapers
New Action filed in the Southern District of New York

Gordon v. General Property Management Associates, Inc.Civil Case No.: 19-cv-08107

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88 Hits

How NYC’s Anti-Discrimination Law Affects Gig Workers

How NYC’s Anti-Discrimination Law Affects Gig Workers

Gig workers make up an increasing portion of today’s workforce. The COVID-19 pandemic has seen this type of work become even more popular. And although gig workers must still trade some of the benefits of a traditional workplace for the flexibility and freedom they enjoy, New York City is taking steps to provide these workers with as much protection as possible.

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101 Hits

Divided 2nd Circuit rejects statistical bias claim against company that refused to hire convicted felons

Divided 2nd Circuit rejects statistical bias claim against company that refused to hire convicted felons

On September 21, 2020, the New York-based 2nd Circuit United States Court of Appeals affirmed a lower court’s dismissal of a lawsuit that claimed a tech company’s policy not to hire convicted felons had a discriminatory impact on Black applicants.  

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106 Hits

New Guidance from EEOC on Opioid Addiction

Opioid Addiction

On August 5, 2020, the United States Equal Employment Opportunity Commission (“EEOC”) produced new guidance on the applicability of the Americans with Disabilities Act (“ADA”) to employees and the use of opioids, as well as documentation for healthcare providers to assist in advising patients on maintaining employment status while treating with opioids.

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153 Hits

New York Sick Leave Effective September 30, 2020

Sick Leave

The New York Sick Leave Law, effective September 30, 2020, amends the New York Labor Law by adding Section 196-b, mandating that many New York employers provide paid sick leave (SB 7506B, Part J)[1].  Specifically, employees may start to accrue sick leave starting September 30, 2020, and may use the accrued sick leave starting January 1, 2021.  Here are some main points about New York Sick Leave, which takes effect September 30, 2020:

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200 Hits

Can I Be Forced to Take a Drug Test for Marijuana When I Apply for a Job?

THC Chemical Formula
Marijuana Drug Tests and Job Applications

Marijuana laws have begun to shift in recent years. Not only does this affect how use of the drug is handled in general when it comes to legal issues, it also means employers must alter their approach to marijuana use by employees.

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81 Hits

Baez and Santana v. Cayuga Home for Children; Case No.: 20-cv-02912

Home for Children
Judge grants Conditional Certification of Collective Action in the Southern District of New York

Baez and Santana v. Cayuga Home for Children; Case No.: 20-cv-02912

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192 Hits

$104,000.00 Settlement – Violations of the New York State Labor Law

Violations of the New York State Labor Law
New York Employment Law Firm Represents a Collective Group of Drivers

Firm represented a collective group of drivers against their former employer, a business that provides limousine, sprinter, bus, and other transportation services to individuals in the State of New York.  Defendant retained a substantial portion of the gratuities that its customers intended for its drivers.  Specifically, when customers paid gratuities via credit card, Defendant would retain all of the money for its own use, thus failing to provide gratuities to Plaintiffs.  Making matters worse, on each occasion when it paid Plaintiffs, Defendant failed to provide Plaintiffs with a wage statement that accurately listed, their actual hours worked for that week, or their rates of pay for all hours worked.  Instead, Defendant represented that it paid each Plaintiff by commission and tips only, despite Defendant’s actual agreement to pay each driver on an hourly basis and its failure to remit all gratuities as previously explained.  Additionally, Defendant failed to provide Plaintiffs with a wage notice at the time of their hire that accurately contained, Plaintiffs’ rates of pay and regular payday as designated by the employer as the New York Labor Law requires.  After negotiations, the case concluded in a settlement in the amount of $104,000.00 to resolve Plaintiff’s claims.  Michael J. Borrelli and Alexander T. Coleman handled the matter on behalf of the Firm.

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246 Hits

California Court Orders Uber and Lyft to reclassify their drivers as employees

navigation directions
Independent Contractor vs. Employee

On August 10, 2020, San Francisco Superior Court Judge Ethan P. Schulman recently ordered Uber and Lyft to classify its drivers as employees, in a startling upset to the multimillion-dollar rideshare companies that base their business models on working with drivers as independent contractors rather than hiring them as employees. 

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220 Hits

A Potential Solution for Working Parents with Children in Remote School

A Potential Solution for Working Parents with Children in Remote School
Families First Coronavirus Response Act (FFCRA)

In light of the COVID-19 pandemic, the Families First Coronavirus Response Act (“FFCRA”) has been enacted to temporarily extend the Family and Medical Leave Act (“FMLA”) in order to support families due to sudden school and childcare changes.  Although many parents were able to manage working while taking care of their children at home for the last few months of the spring 2020 semester, they did not expect that remote learning would continue into the fall 2020 semester.  For working parents who are wondering how to deal with this challenge, the FFCRA may be the answer.

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  240 Hits
240 Hits

Diaz v. KC Plumbing, LLC, and Kolbe Coto-Cruz, individually, Civil Case No.: 19-cv-04321-DLI-CLP

Diaz v. KC Plumbing
New Action filed in the Eastern District of New York

Diaz v. KC Plumbing, LLC, and Kolbe Coto-Cruz, individually, Civil Case No.: 19-cv-04321-DLI-CLP

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  108 Hits
108 Hits

Cocco v. Stratas Foods LLC, d/b/a Admiration Foods, et al. Civil Case No.: 19-15979 (KM)

37551368
New Action filed in the District of New Jersey

Cocco v. Stratas Foods LLC, d/b/a Admiration Foods, et al. Civil Case No.: 19-15979 (KM)

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  255 Hits
255 Hits

New York’s Top 5 Wage and Hour Violations and What You Should Do About Them

Wages
Wage and Hour Law

Imagine working hard for your employer only to learn you won’t be paid for your work. It sounds like a nightmare, but it happens more often than people realize. Luckily, there are laws in place that protect workers’ pay and ensure they receive the wage they deserve.

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269 Hits

New York’s Human Rights Law Extends Protection to Small Businesses

rights for all
New York’s Human Rights Law Extends Protection to Small Businesses

The majority of federal laws protecting employees apply only to medium to large-sized businesses. This means that the millions of people who are employed by small businesses across the country do not receive the same protection that others receive just because their employer is smaller. Many of these businesses fall into gaps when it comes to federal anti-discrimination laws and there is little they can do about a violation of their rights.

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288 Hits

Former NHL Player Files Lawsuit Against NBC Claiming Firing Was Anti-Straight Discrimination

hockey

On Friday, July 17, 2020, former NHL player Jeremy Roenick filed a lawsuit in New York State Supreme Court against NBC Sports for wrongful termination.  Roenick’s suit alleges that the network discriminated against him as a straight man by terminating his employment because of off-color remarks he made on a Barstool Sports podcast, in violation New York State’s anti-discrimination sexual orientation and gender discrimination law.  The lawsuit also alleges that NBC Sports breached Roenick’s contract by firing him without cause and failing to provide him with an opportunity to remedy the situation and retaliation for his expressed support of President Trump.

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