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General Employment Law Page 29

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. If you’ve been misclassified and your employer insists you’re […]

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, […]

New Class and Collective Action filed in the Eastern District of New York Angerosa v. Moving Right Along Service, Inc. and Jim Rueda, individually Case No.: 18-cv-04810 On August 23, 2018, Plaintiff Angerosa, on behalf of himself, individually, and, on behalf of all others similarly-situated, filed a class and collective action lawsuit against MOVING RIGHT ALONG […]

Undocumented workers have traditionally tried to stay “under the radar” to avoid problems, but what happens when someone experiences an injury on the job and needs compensation? If a person has been working for a company and suffers an injury that requires medical attention, is he or she on the hook for the cost of […]

New Civil Action filed in the Eastern District of New York Bailey v. Edison Liquidating, LLC d/b/a Edison Home Health Care Civil Case No.: 18-cv-04401 On August 3, 2018, Ms. Bailey (“Plaintiff”), by and through her attorneys, Borrelli & Associates, P.L.L.C., filed a Complaint against EDISON LIQUIDATING LLC d/b/a EDISON HOME HEALTH CARE (“Edison” or “Defendant”), […]

Defining “sex” for purposes of Title IX of the Educational Amendments Act of 1972 as meaning a “person’s status as male or female based on immutable biological traits identifiable by or before birth” Earlier this week, the Trump administration announced that it was considering defining “sex” for purposes of Title IX of the Educational Amendments […]

As everyone is probably aware, the 2018 midterm elections are coming up in New York and throughout the United States. In New York, the polls open on November 6th at 6:00 a.m. and stay open until 9:00 p.m. However, if you feel that may not be enough time to exercise your right to vote, New […]

New Collective Action filed in the Eastern District of New YorkUrias v. Between The Bun Enterprises Inc. and Mala Ramsahai, individually Civil Case No.: 18-cv-04352 On August 1, 2018, Plaintiff Urias, on behalf of himself, individually, and, on behalf of all others similarly-situated, filed a collective action lawsuit against BETWEEN THE BUN ENTERPRISES INC. (“Between The […]

The New York State Division of Human Rights (“NYSDHR”) released the final version of the new sexual harassment policy, along with training guidelines, on October 1, 2018 and the new, updated policy took effect on October 9, 2018. The final policy contains some changes from the earlier proposed version, most notable however, is that employers […]

Hostile Work Environment The workplace can be a tumultuous place where we must deal with demanding bosses, moody co-workers, and difficult customers or clients. The price employees pay for financial security is enough to give anyone a headache, but what happens when a not-so-pleasant situation turns into one that is downright hostile? What does it […]

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