Law Blog

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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96 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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227 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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185 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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306 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On January 25, the Trump administration officially repealed sections of an Occupational Health and Safety Administration (“OSHA”) rule enacted by the Obama administration regarding the tracking of workplace injuries and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.

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334 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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291 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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304 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.

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359 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.

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241 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.

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446 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.

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379 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.

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284 Hits

What is “Cooperative Dialogue”?

dialogue
“Cooperative Dialogue” in Employment Law

Making a request for accommodations in the workplace can be a stressful and intimidating process for many. Luckily, New York has enacted guidelines to make the process easier for employees and employers.

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330 Hits

Should You File a Failure to Hire Lawsuit?

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What is a Failure to Hire Lawsuit?

If you’re searching for a job you already know how stressful the experience is even under the best of circumstances. The lucky ones who manage to land their dream job after just a few interviews still must deal with stress, uncertainty, and uncomfortable or awkward situations.

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313 Hits

What You Need To Know About Constructive Termination

quit job
What is "Constructive Termination"

Employees suffering from illegal discrimination and/or retaliation at work are often fired from their job as the culmination of a series of adverse actions taken against them. However, what if there is such a strong hostile work environment rife with discrimination and retaliation that causes an employee to want to quit their job before they are ever fired? Could that employee still have an unlawful termination claim under the law?

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430 Hits

Can Your Boss Retaliate Against You for Standing Up for Yourself Without Violating the Law?

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The short answer in New York is: maybe.

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398 Hits

Gray v. Mid-Bronx CCRP Early Childhood Center Inc., and Mid-Bronx Community Council, Inc., d/b/a Mid-Bronx Council, and Mid-Bronx Senior Citizens Council, and Concourse Area Housing Corp., and Walter E. Puryear, III, individually Civil Case No.: 1:18-cv-07934

Early Childhood Learning Center

New Class and Collective Action filed in the Southern District of New YorkGray v. Mid-Bronx CCRP Early Childhood Center Inc., and Mid-Bronx Community Council, Inc., d/b/a Mid-Bronx Council, and Mid-Bronx Senior Citizens Council, and Concourse Area Housing Corp., and Walter E. Puryear, III, individually Civil Case No.: 1:18-cv-07934

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315 Hits

New York City and State Minimum Wage to Increase

payday
New York State Minimum Wages Increase on December 31, 2018

As the holidays approach, it is easy to lose track of time, and before we know it, we are several months into 2019. However, please remember that the minimum wage is set to increase on December 31, 2018 for New York City and New York State.

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341 Hits

Has Your Employer Misclassified You to Avoid Compensating You?

classify
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.

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310 Hits

New Ruling Expands the Age Discrimination in Employment Act to Cover Small Government Employers

Age Discrimination

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, arguing that it was exempt from the requirements of the ADEA because it had fewer than 20 employees. The Supreme Court disagreed and found that all government employers, regardless of size, are subject to the ADEA. The Supreme Court’s opinion focused its analysis on the phrase “also means” as it was used in the statute, finding that the phrase was additive as opposed to clarifying and meant that under the statute “employer” “also means … a State or political subdivision of a State.” As a result of the decision, employees working for state or federal government agencies with less than 20 employees now have protection against discrimination on the basis of age and it is important for such employees to be aware of their new rights and protections.

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426 Hits

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