Law Blog

Is Your Boss Harassing You?

Boss screaming at employee
Employment Law - Harassment by your Boss

If you are harassed by a co-worker, you speak to your boss or the human resources department about it. But what if it’s your boss who is harassing you? You might not feel as comfortable speaking up and reporting it. It’s illegal for your supervisor anyone in your company to retaliate against you, but reporting harassment can lead to discomfort in the workplace. What should you do if your boss is harassing you?

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36 Hits

What You Need to Know about New York’s Lactation Laws

Breast pump
What You Need to Know about New York’s Lactation Laws

New lactation laws went into effect in March 2019 in New York City. The laws stipulate minimum requirements for employers and mandate that there be a written lactation room policy for employees. All employers are also required to create lactation rooms that would be available to employees upon request.

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48 Hits

Top 3 Questions about Breaks and Workday Hours

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Employment Breaks and Workday Hours

Workers in New York City are protected by employment laws that address work hours and breaks during the workday. Some employees are legally entitled to breaks and in some cases, those breaks must be a specific length of time.

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78 Hits

Why Don’t More People Report Sexual Harassment?

Bullhorn
Sexual Harassment Reporting

If you’ve been harassed in the workplace but decided not to report the incident, you aren’t alone. It’s impossible to know exactly how common sexual harassment is because so many people fail to speak out.

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99 Hits

New York’s Laws Protecting Job Safety for Domestic Violence Survivors

Life preserver
New York Job Safety for Domestic Violence Survivors

New York recently implemented additional job protection for survivors of domestic violence.

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  155 Hits
155 Hits

Cwikla v. Safeway Construction Enterprises, LLC, and SCSC Enterprises Inc., and Steve Cestaro, individually, Civil Case No.: 20-cv-1976

Electric meter
New Action filed in the Eastern District of New York

Cwikla v. Safeway Construction Enterprises, LLC, and SCSC Enterprises Inc., and Steve Cestaro, individually, Civil Case No.: 20-cv-1976

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  136 Hits
136 Hits

Can I Be Fired for Political Activities?

Packing office
Getting Fired because of Politics

It is an election year, and primary season is upon us in New York. People across the state are becoming increasingly active in campaigning for the candidates that share their political beliefs, and are eager to engage with their friends, family, neighbors, and co-workers to promote candidates and platforms that align with the principles they believe to be most important in day to day life. It could be that there is a hot button issue you believe strongly about, or a candidate for local or federal office that represents your values, and you want to get involved and support that candidate or platform. Participation in the political process is a core American value, one that this country was founded upon.

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142 Hits

Is COVID-19 a Disability Under the Law?

Disability dictionary
Is COVID19 Considered a Disability

The short answer is: no, COVID-19 is not a disability under the law, but the nuts and bolts of the inquiry are often far more complex.  Indeed, this has also been the case with past influenza pandemics.  Generally, for a medical condition to be considered a legal disability, it cannot be a temporary, nonchronic condition of short duration with little potential long-term impact.  Rather, a disability that is protected under the law is generally a physical or mental impairment that substantially limits one or more major life activities, such as performing manual tasks, concentrating, hearing, or sleeping. 

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169 Hits

New Guidelines Issued by EEOC in Response to COVID-19 Pandemic

EEOC
EEOC Response to the COVID-19 Pandemic

The Equal Employment Opportunity Commission (EEOC) recently unveiled new guidelines regarding federal anti-discrimination laws related to the COVID-19 pandemic.

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178 Hits

COVID-19 and Returning to Work

bakery worker wearing protective gear
Returning to Work as Businesses Reopen in New York

As New York State begins to permit many non-essential businesses to reopen after months shut down to flatten the COVID-19 pandemic’s curve, many employees may fear returning to work amidst the on-going pandemic.  However, there are certain precautions an employer can take to attempt to ensure their employees’ safety during this on-going pandemic.

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171 Hits

Huggins v. Chestnut Holdings of New York, Inc.; 1425 U LLC; and Jonathan Wiener Civil Action No.: 18-cv-1037

Property Management
New Action filed in the Southern District of New York

Huggins v. Chestnut Holdings of New York, Inc.; 1425 U LLC; and Jonathan Wiener  Civil Action No.: 18-cv-1037

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  179 Hits
179 Hits

Second Circuit Clarifies Motor Carrier Exemption To Expand Overtime Protections Under New York Law

Semi truck on road
Motor Carrier Exemption Expands Overtime Protections Under New York Law

In April 2020, the Second Circuit Court of Appeals delivered a small but important victory for employees in New York that are otherwise exempt from overtime under the Fair Labor Standards Act’s (“FLSA”) Motor Carrier Exemption. Ordinarily, employees are exempt from overtime under the FLSA’s Motor Carrier Exemption if they are a driver, a driver’s helper, a mechanic, or hold some other position whose regular duties affect the safety of a motor vehicle that weighs more than 10,000 pounds and is utilized in interstate commerce.

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195 Hits

Delyons v. KA Investigations-Security, LLC and Kelvin Alexander, individually, Civil Case No.: 20-cv-01763

Security
New Action filed in the Eastern District of New York

Delyons v. KA Investigations-Security, LLC and Kelvin Alexander, individually,  Civil Case No.: 20-cv-01763

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  178 Hits
178 Hits

3 Things You Should Know about New York’s Comprehensive Sick and Family Leave Benefits during the COVID-19 Pandemic

Sick Leave
New York’s Comprehensive Sick and Family Leave Benefits during the COVID-19 Pandemic

New York State is known to have the strongest employee health and family leave policies in the country. Since 2016 when Governor Cuomo signed the state’s comprehensive Paid Family Leave policy into place, workers have enjoyed protection from having to choose between their families and their jobs. State legislators also passed the New York Sick Leave Law (NYSLL) in mid-March in response to the COVID-19 outbreak. Under that law, workers statewide are entitled to sick leave specific to COVID-19 and no longer have a waiting period for paid family leave and temporary disability benefits.

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255 Hits

New York Employment Law in the Age of COVID-19

man wearing face mask for health and safety
COVID-19 is changing employment law

Over the last two months, the COVID-19 pandemic has tremendously impacted life as we know it. In particular, the pandemic has caused economic uncertainty and has forced state governments to issue stay-at-home orders, forcing businesses to furlough and/or lay off millions of employees.

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  302 Hits
302 Hits

Martinez v. JLM Decorating, Inc., Civil Case No.: 20-cv-02969

office reconstruction
New Action filed in the Southern District of New York

Martinez v. JLM Decorating, Inc., and JLM Decorating NYC Inc., and Cosmopolitan Interior NY Corporation, and Moshe Gold, individually, and Josafath Arias, individually, Civil Case No.: 20-cv-02969

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  195 Hits
195 Hits

Minimum Wage Increases Have NYC Workers Earning More in 2020

Savings

The minimum wage employees must earn per hour working in New York City is one of the highest in the nation. It was raised to $15 per hour for companies employing 11 or more in New York City on December 31, 2018, and reached that same mark for companies employing 10 or fewer this year at the end of 2019. Those working in the surrounding suburbs have seen a rate increase to $13 per hour and elsewhere in New York minimum wage rose to $11.80. The phase in of increases will continue throughout 2020.

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647 Hits

Benefits Required by Law in New York State

Employee Benefits
New York Employment Benefit Requirements

As an employee, there are certain benefits to which you are entitled. For instance, workers are guaranteed.

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196 Hits

United States Department of Labor Issues New Rule Limiting Franchisor Joint Employer Liability

Franchise
Franchisor Joint Employer Liability

In January, the United States Department of Labor (“DOL”) issued a rule that will make it more difficult for workers to hold franchisors like McDonald’s and other fast food, convenience store, and gas station outlets liable for wage violations committed by their franchisees. The rule goes into effect this month. This rule is a natural extension of the DOL’s previous move rescinding Obama-era guidelines that expanded the definition of “joint employer” under the Fair Labor Standards Act to encompass more franchisors.

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152 Hits

Loja, et al. v. Jasco Designs, Inc..; Case No.: 1:18-cv-06190-AMD-VMS

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

Loja, et al. v. Jasco Designs, Inc..; Case No.: 1:18-cv-06190-AMD-VMS

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  784 Hits
784 Hits

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