Law Blog

EEOC Releases 2018 Fiscal Year Discrimination Charge Data

Discrimination
2018 Discrimination Charge Data Released by EEOC

On Monday, April 10, 2019, The U.S. Equal Employment Opportunity Commission (“EEOC”) released its fiscal year (“FY”) 2018 report concerning discrimination charges. The report shows that the number of discrimination charges filed with the EEOC dropped, with one notable outlier: sexual harassment charges.

Continue reading
  40 Hits
40 Hits

Judge grants Conditional Certification of Collective Action Torres and Tavarez v. Bo-Mell Enterprises, Inc. Et. al

Auto Body
Judge grants Conditional Certification of Collective Action in the Southern District of New YorkTorres and Tavarez v. Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individually Case No.: 18-cv-08997

As previously reported on this website, in Torres and Tavarez v. Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individually Civil Case No.: 18-cv-8997, on October 1, 2018, Plaintiffs Torres and Tavarez, on behalf of themselves, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit against Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individually , alleging deliberating violations of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”), including the failure of Defendants to compensate Plaintiffs for overtime wages. The claims of the case are referenced in our January 2019 blog post and are reviewed as follows:

Continue reading
  92 Hits
92 Hits

McQuaid v. Capital Stack, LLC, Et al. Civil Case No.: 18-cv-09230

Loan
New Class and Collective Action filed in the Southern District of New York

McQuaid v. Capital Stack, LLC, and Eprodigy ACH, LLC, and Eprodigy Operations, LLC, and David Rubin, individually, and Brian Stulman, individually, Civil Case No.: 18-cv-09230

Continue reading
  931 Hits
931 Hits

New Amendments to Whistleblower Law Proposed in New York State Senate

Whistleblower
New Amendments to Whistleblower Law Proposed in New York State Senate

In New York State, New York Labor Law (“NYLL”) § 740 protects whistleblowing employees from retaliation for engaging in protected activity. Specifically, NYLL § 740 has a one-year statute of limitations and considers protected activity to be when an employee reports, or threatens to report, a policy or practice of the employer to a supervisor or public body that is in violation of law, rule or regulation and creates and presents a substantial and specific danger to the public health or safety, or which constitutes health care fraud.

Continue reading
  154 Hits
154 Hits

Paid Time Off (PTO) Changes in New York Could Be on the Horizon

Paid Time Off
New York Proposes Changes to Paid Time Off Rules

Paid time off (PTO) is a term used to describe time employees are entitled to pay when they are away from work. PTO is sometimes categorized more specifically as sick time or vacation time or by other similar terms, but this is becoming increasingly less popular.

Continue reading
  268 Hits
268 Hits

OSHA “Repeals” Obama-era Safety Rule

OSHA
OSHA Rule Appealed

On January 25, the Trump administration officially repealed sections of an Occupational Health and Safety Administration (“OSHA”) rule enacted by the Obama administration regarding the tracking of workplace injuries and illnesses.

Continue reading
  286 Hits
286 Hits

How to Know If You Were Wrongfully Terminated

39658121
Were you Wrongfully Terminated?

Job termination is a fact of life. Employees are let go all the time and in many cases, the reasons for termination are justified.

Continue reading
  263 Hits
263 Hits

The New NYC Lactation Room Laws

Breast Pump
NYC New Lactation Law Room Law Will be in Effect on March 18, 2019

In late 2018, New York City passed two new laws requiring employers with 15 or more employees to: 1) provide a lactation room for breastfeeding employees; and 2) establish an accommodation request process and policies for nursing employees. These new laws are set to take effect on March 18, 2019, and provide protections specifically for employees that have recently given birth and need to breastfeed or use a breast pump for expressing breast milk.

Continue reading
  310 Hits
310 Hits

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

12350103315

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

Continue reading
  250 Hits
250 Hits

New Jersey Minimum Wage Set to Increase

Minimum Wage Increase
New Jersey Minimum Wage Will Increase to $15.00 per hour for most employees by 2024

On February 4, 2019, New Jersey Governor Phil Murphy signed into law a bill passed by the New Jersey Legislature that will raise the New Jersey minimum wage to $15.00 per hour for most employees by 2024.

Continue reading
  207 Hits
207 Hits

Torres and Tavarez v. Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individually Civil Case No.: 18-cv-8997

Car body work

New Collective Action filed in the Southern District of New YorkTorres and Tavarez v. Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individuallyCivil Case No.: 18-cv-8997

Continue reading
  249 Hits
249 Hits

New York Adds Gender Expression as Protected Class

Gender
Gender Expression is Protected

On January 15, 2019, the New York State legislature passed the Gender Expression Nondiscrimination Act (“GENDA”) which adds “gender identity and expression” to the protected categories of the New York State Human Rights Law (“NYSHRL”). Currently, the NYSHRL prohibits discrimination based on sex and sexual orientation but courts have not interpreted this category to extend to discrimination based on gender identity or expression. With the passage of GENDA, and pending Governor Cuomo’s expected signature, the NYSHRL will prohibit discrimination based on gender identity and expression, extending significant protections to transgender and gender variant individuals across the state.

Continue reading
  376 Hits
376 Hits

Federal Employees Challenge Working Without Pay During Government Shutdown

Shut Down
Challenge to Working Without Pay During Government Shutdown by Federal Workers Begins

In the midst of the longest federal government shutdown in American history, approximately 800,000 federal employees have been negatively impacted. Many of these workers have been deemed “non-essential” and have been furloughed (sent home without pay) until the government reopens. However, those employees that are deemed “essential” (think Border Patrol and Transportation Security Administration agents, and air traffic controllers) are required to work without pay. As the shutdown continues, President Trump has recalled approximately 46,000 previously-furloughed employees back to work, mostly from the Internal Revenue Service, the Food and Drug Administration, and the Federal Aviation Administration. More may be recalled in the coming days and weeks.

Continue reading
  256 Hits
256 Hits

Judge grants Conditional Certification of a Nation-Wide Collective Action in the Southern District of New York Sealock v. Covance Market Access Services, Inc.

16495219

Judge grants Conditional Certification of a Nation-Wide Collective Action in the Southern District of New YorkSealock v. Covance Market Access Services, Inc., Civil Case No.: 17-cv-05857-JMF

Continue reading
  336 Hits
336 Hits

What You Need to Know about the New York’s Freelance Isn’t Free Act

freelance
New York’s Freelance Isn’t Free Act

New York’s Freelance Isn’t Free Act, officially titled Establishing Protections for Freelance Workers Act is a New York City law created to protect workers. Mayor Bill de Blasio signed the law in an effort to strengthen protections for freelance workers.

Continue reading
  319 Hits
319 Hits

Alvarez v. Cambridge Kitchens MFG Inc. and Neoklis Vasiliades, individually Civil Case No.: 18-cv-05419

60802889

New Collective Action filed in the Eastern District of New YorkAlvarez v. Cambridge Kitchens MFG Inc. and Neoklis Vasiliades, individually Civil Case No.: 18-cv-05419

Continue reading
  260 Hits
260 Hits

Feldman v. Malba Gardens Owners Corp., and Direct Management Corp., and Jake Demosthenous, individually Civil Case No.: 1:18-cv-05095

Building Maintenance

New Action filed in the Eastern District of New YorkFeldman v. Malba Gardens Owners Corp., and Direct Management Corp., and Jake Demosthenous, individually Civil Case No.: 1:18-cv-05095

Continue reading
  245 Hits
245 Hits

What You Need to Know about New York’s Temporary Schedule Change Law

43057510
New York’s Temporary Schedule Change Law

In July 2018, a New York City law went into effect that made it a requirement for employers to grant up to two temporary schedule changes for employees dealing with “personal events.”

Continue reading
  228 Hits
228 Hits

New York State Department of Labor submits proposed regulations on employee scheduling

calendar
New York regulations on employee scheduling proposed

On December 12, 2018, the New York State Department submitted proposed regulations on employee scheduling for public comment. These proposed regulations require employers to compensate employees for unscheduled shifts, canceled shifts and “on-call” shifts.

Continue reading
  250 Hits
250 Hits

Rodriguez v. 149 Street Food Corp. d/b/a Fine Fare Supermarket, and 675 Morris Ave Food Corp. d/b/a Fine Fare Supermarket, and Franklin Pimentel, individually, and Daisy Pimentel, individually, and Rigo Delgado, individually Civil Case No.: 1:18-cv-07933

fruits vegetables market
New Class and Collective Action filed in the Southern District of New York

Rodriguez v. 149 Street Food Corp. d/b/a Fine Fare Supermarket, and 675 Morris Ave Food Corp. d/b/a Fine Fare Supermarket, and Franklin Pimentel, individually, and Daisy Pimentel, individually, and Rigo Delgado, individually Civil Case No.: 1:18-cv-07933

Continue reading
  280 Hits
280 Hits

910 Franklin Avenue
Suite 200
Garden City, NY 11530
Tel: 516-248-5550
Fax: 516-248-6027

655 Third Avenue
Suite 1821
New York, NY 10017
Tel: 212-679-5000
Fax: 212-679-5005