Law Blog

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

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Brininger v. Fred A. Cook, Jr., Inc., and Brian F. Cook, individually, Civil Case No.: 18-cv-4579(CS)

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What You Need To Know About Constructive Termination

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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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909 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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New York City and State Minimum Wage to Increase

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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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Has Your Employer Misclassified You to Avoid Compensating You?

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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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574 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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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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630 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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778 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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859 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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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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813 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

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

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

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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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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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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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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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Guzman-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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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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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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Ramirez v. El Potrero Sport Bar, Inc. Case No.: 18-cv-964

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

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