Law Blog

New York to Penalize Employers for Retaliating Against Immigrant Employees

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Employers are not allowed to retaliate against immigrant employees in New York

On July 27, 2019, Governor Andrew Cuomo signed into law a bill that prohibits employers in New York State from retaliating against employees by contacting or threatening to contact immigration authorities. The measure also extends the protection to threats or actions against an employee’s family or household members. The law took effect on August 15, 2019.

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80 Hits

When Does Workplace Harassment become Serious Enough to Report?

Stop Harassment
Report Workplace Harassment

A variety of things occur in workplaces across the country every day that might be questionable, but not all of them are breaking any laws. Many of these occurrences aren’t even unethical or warrant filing a report with human resources – they’re simply things that get on your nerves or make you wish you were employed elsewhere or better yet, independently wealthy. The laws governing workplace conduct are not general civility codes and are limited to protecting individuals from specific illegal conduct.

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152 Hits

Can I Be Fired for Something I Do Outside of the Workplace?

Fired
Getting Fired For Activities Outside of the Workplace

Today, with the widespread use of social media, it’s easy for anyone to know what anyone else is doing at any time. People are sharing more of their personal lives and in many ways, people have become less concerned about actions that might be perceived negatively.

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171 Hits

Employment Law - Just Cause vs. At-Will Employment

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What does Just Cause and At-Will Employment Mean?

In every state except for Montana, the default rule for terms and conditions of employment is the “at-will” doctrine. This means that an employer can terminate an employee for any reason or for no reason at all, and in turn, the employee can resign at any time without having to specify any reason for doing so. However, there are exceptions to this rule: it is illegal for an employer to fire an employee for a discriminatory reason, in retaliation for either opposing discrimination, or in some cases, in retaliation for complaining about illegal practices. Also note that the at-will doctrine does not always apply in cases where employees are represented by a union in the workplace and have due process procedures in their collective-bargaining agreements that have to be exhausted before termination.

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163 Hits

Abraham and Sylvester v. Promise Home Care Agency, Inc.; Case No.: 18-cv-04502

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

Abraham and Sylvester v. Promise Home Care Agency, Inc.; Case No.: 18-cv-04502

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345 Hits

What is New York’s Fair Chance Act?

What is New York’s Fair Chance Act?

New York workers are entitled to a number of benefits under various federal, state, and city laws. The Fair Chance Act is an example of this.

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185 Hits

New Class and Collective Action filed in the Eastern District of New York

Grocery Store

Campos v. Guru Teg Holding Inc., d/b/a Maharaja Farmers Market, and Akshar Holdings Inc., d/b/a Maharaja Farmers Market, and Krishna Holding Inc., d/b/a/ Maharaja Farmers Market, and Amandeep Singh a/k/a “Tony” Singh, individually, and Sunil Patel, individually

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198 Hits

What is the FLSA?

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The Fair Labor Standards Act (FLSA)

FLSA, which stands for the Fair Labor Standards Act, is a law that protects workers from workplace violations and practices related to wages and pay. The law created regulations that affect businesses and workers, including minimum wage guidelines and rules about overtime. In addition to wages, the FLSA also gives an explanation of what exempt and non-exempt means as it applies to employees and overtime.

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263 Hits

Union Picketing: Inflatable Rats Under Fire

No Rats
Labor Union Inflatable Rats Under Fire

Labor unions commonly use inflatable rats when they picket a company for using non-union labor in order to draw the attention of passersby and bring public awareness to their protest.

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283 Hits

New York City Becomes the First Municipality in the Country to Ban Marijuana Testing of Job Applicants

Marijuana
New York City Becomes the First Municipality in the Country to Ban Marijuana Testing of Job Applicants

On May 10, 2019, the New York City Council’s bill prohibiting employers from drug testing prospective employees for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana) was passed into law. The law, which is the first of its kind in the country, makes such testing an unlawful discriminatory practice under the New York City Human Rights Law.

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351 Hits

New Class and Collective Action filed in the Eastern District of New York Loja v. Jasco Designs, Inc., Civil Case No.: 18-cv-06190

Diamonds
New Class and Collective Action filed in the Eastern District of New York

Loja v. Jasco Designs, Inc., Civil Case No.: 18-cv-06190

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251 Hits

What You Need to Know about New York City’s Earned Sick Time Act

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The Earned Sick Time Act in New York City

As of May 5, 2018, the New York City's Earned Sick Time Act permits employees paid time off, if they or their family members are victims of domestic violence. Such time off, referred to as “safe time” in the Act, may be utilized to address certain non-medical needs concerning domestic violence, sexual assault, stalking and human trafficking.

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253 Hits

Camilo v. Parrilla Latina Restaurant, et al., Case No.: 18-cv-09163(JPO)

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

Camilo v. Parrilla Latina Restaurant, et al., Case No.: 18-cv-09163(JPO)

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293 Hits

Appellate Division Denies Oscar De La Renta Appeal

Clothing shop
Employment Discrimination Appeal Denied

Diggs v. Oscar De la Renta, L.L.C., et al., Index No: 16175/2012

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290 Hits

New York Lawmakers Propose Updates to Discrimination Laws

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New Anti Discrimination Laws Proposed in New York

New York lawmakers have proposed legislation that would expand the protections available to employees under the New York State Human Rights Law (“NYSHRL”). The bill, sponsored by Sen. Alessandra Biaggi and Assemblymember Aravella Simotas, is the bedrock of a package of eleven bills intended to strengthen the state’s anti-discrimination laws.

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321 Hits

Perez v. Four Seasons Temp Control, Inc., and Asher Putter, individually Civil Case No.: 18-cv-5918

hvac
New Collective Action filed in the Eastern District of New York

Perez v. Four Seasons Temp Control, Inc., and Asher Putter, individually Civil Case No.: 18-cv-5918

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284 Hits

Sanchez v. Walker Deli Corp. d/b/a Tribeca Park Café and Sayed Abdalla, individually Civil Case No.: 1:18-cv-09321

Sandwich
New Action filed in the Southern District of New York

Sanchez v. Walker Deli Corp. d/b/a Tribeca Park Café and Sayed Abdalla, individually Civil Case No.: 1:18-cv-09321

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  265 Hits
265 Hits

Aquino v. Joseph’s Auto Center, Inc., and Richard Carlos Bucalo, individually, Case No.: 18-cv-2009

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

Aquino v. Joseph’s Auto Center, Inc., and Richard Carlos Bucalo, individually, Case No.: 18-cv-2009

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  240 Hits
240 Hits

Sullivan v. 10 Washington Ave. Food Inc. d/b/a Sandwich Express, and Brian Lew, individually Case No.: 19-cv-00245(JFB)(AKT)

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

Sullivan v. 10 Washington Ave. Food Inc. d/b/a Sandwich Express, and Brian Lew, individually Case No.: 19-cv-00245(JFB)(AKT)

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191 Hits

Am I Legally Entitled to See My Personnel File?

Files on a computer
Access to your personnel files

“This is going on your permanent record.”

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338 Hits

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