The landscape of employment has evolved significantly in recent years, with many individuals opting for freelance or independent contractor positions over traditional full-time employment. However, one question that often arises in this context is whether 1099 employees, also known as independent contractors, can collect unemployment benefits in states like New York. What is a 1099 […]
One of the most common questions attorneys encounter from clients in New York is whether the state follows the doctrine of at-will employment. What does at-will employment entail and how does it impact employees and their legal rights in the workplace? Here’s what you need to know if you’re an employee in New York. Is […]
As legal experts specializing in employment law, one of the most common questions our law firm hears is whether individuals can sue their employers in New York State. The answer to this question is nuanced and depends on various factors. What do you need to know? Can You Sue Your Employer in New York State? […]
In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the New York State Court of Appeals answered the critical question of what a defendant must prove to establish affirmative defenses to pay-discrimination claims under the Equal Pay Act, 29 U.S.C. § 206(d), (“EPA”) and New York Labor Law § 194(1). […]
New Action filed in the United States District Court Eastern District of New York On August 30, 2023, Plaintiff Thomas, on behalf of himself, individually, and on behalf of all others similarly-situated, (collectively as “FSLA Plaintiffs,” as that term is defined below), by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his […]
On February 22nd, 2023, the United States Supreme Court considered whether a supervisor earning at least $100,000 annually is eligible for retroactive overtime pay under the Fair Labor Standards Act (“FLSA”). Ultimately, the Court held that an oil rig supervisor, making over $200,000 annually, is considered to be a “non-exempt” individual under the FLSA as […]
Firm represented a female employee against her former employer for race discrimination and retaliation for complaining about race discrimination, collectively in violation of the anti-race discrimination and anti-retaliation provisions of Section 1981 of Title 42 of the Unites States Code and Title VII of the Civil Rights Act of 1964, as amended. After first filing […]
As the workforce landscape continues to evolve, the rights and benefits of part-time employees have become an essential topic of discussion. One crucial aspect is sick leave. This is a benefit that ensures employees can take time off when they are unwell without sacrificing income. Do part-time employees in New York City get sick days […]
New Action filed in the United States District Court Eastern District of New York On July 20, 2023, Plaintiff Reyes, on behalf of himself, individually, and on behalf of all others similarly-situated, (collectively as “FLSA Plaintiffs” and/or “Rule 23 Plaintiffs,” as these terms are defined below),by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as […]
On September 14, 2023, New York Governor Kathy Hochul signed a new law, A.836, which prohibits employers from requesting or requiring usernames, login information, and passwords, of personal electronic accounts as a condition of hiring, employment, or for use in a disciplinary action. Moreover, the new law prohibits employers from retaliating against employees and applicants […]
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