Law Blog

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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192 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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201 Hits

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

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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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266 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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177 Hits

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

paid time leave
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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183 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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212 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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249 Hits

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

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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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221 Hits

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

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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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185 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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230 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:

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351 Hits

Portilla v. Bridgehampton Stone, Inc.; and Bridgehampton Stone & Brick, Inc., Et al, Civil Case No.: 17-cv-2549(JMA)(AYS)

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

Portilla v. Bridgehampton Stone, Inc.; and Bridgehampton Stone & Brick, Inc., and Daniel Messina, an individual, and Cesar Villansaca, an individual, Civil Case No.: 17-cv-2549(JMA)(AYS)

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273 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.

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408 Hits

OSHA “Repeals” Obama-era Safety Rule

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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.

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419 Hits

Riley v. Tastee Pattee, Ltd., and Thomas Patterson, individually, and Michael A. Patterson, individually, Civil Case No.: 18-cv-05562

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

Riley v. Tastee Pattee, Ltd., and Thomas Patterson, individually, and Michael A. Patterson, individually, Civil Case No.: 18-cv-05562

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381 Hits

How to Know If You Were Wrongfully Terminated

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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.

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410 Hits

The New NYC Lactation Room Laws

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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.

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487 Hits

New Jersey Minimum Wage Set to Increase

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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.

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307 Hits

New York Adds Gender Expression as Protected Class

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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.

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627 Hits

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

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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.

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629 Hits

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