Law Blog

New York City Human Rights Law Expands Employment Protections to Independent Contractors and Freelancers Effective January 11, 2020

equal rights

On September 12, 2019, the New York City Council passed a law (Int. 0136-A) that will impact New York City employers. This new law, effective January 11, 2020, will expand the scope of the New York City Human Rights Law (“NYCHRL”) to provide protections for independent contractors and freelancers. This law will ensure that independent contractors and freelancers are protected by the New York City Human Rights Law and will give them the right to file potential complaints with the New York City Commission on Human Rights when they face harassment or discrimination based on a protected class. This amendment further clarifies how to determine whether an employer has the requisite “four or more” with regards to coverage under the NYCHRL, explaining the protections will apply to employers who employed at least four workers (including independent contractors, freelancers, certain employer’s family members) at any time during the twelve months before the start of the discriminatory act.

Continue reading
  103 Hits
103 Hits

Former Fox News Employees Request Release From Non-Disclosure Agreements

NDA
6 Former Fox News Employees Request Release from NDAs

Six former Fox News employees, including former news anchor, Gretchen Carlson and former political consultant, Julie Roginsky, became the latest in a growing list of female employees who are demanding to be released from Non-Disclosure Agreements (NDAs) they signed as part of their sexual harassment and discrimination settlements with Fox. The NDAs prohibit them from talking about the alleged unlawful conduct in any form. Both Carlson and Roginsky accused their former employer, Roger Ailes, former President and Chairman of Fox News, of sexual harassment and discrimination. According to court documents, Carlson alleged that Ailes "sabotaged her career because she refused his sexual advances." Roginsky alleged that she was denied a co-hosting job on a show after she refused to have a sexual relationship with Ailes.

Continue reading
  165 Hits
165 Hits

William R. Nolan v. The City of New York, et al. Civil Case No.: 19-cv-00187

Constitution
New Civil Action filed in the Eastern District of New York

William R. Nolan v. The City of New York, et al.Civil Case No.: 19-cv-00187

Continue reading
  169 Hits
169 Hits

New Job? Tips for Giving Notice and Getting Your Final Paycheck

notify
If you have a get a new job here are some tips for giving notice and receiving a final paycheck from your old job

People leave jobs all the time. The consistency and commitment to an employer that was once expected is no longer the norm, in part because employers are not as dedicated to their employees anymore. The workforce has changed dramatically over the last half-century or so and it’s expected that most American workers will change jobs several times throughout their career, even if they remain in the same industry.

Continue reading
  179 Hits
179 Hits

NCAA Votes to Allow College Athletes to Benefit From Use of Name, Image, & Likeness

basketball court
New Rules will Allow College Athletes to Benefit From Use of Name, Image, & Likeness

On October 29, 2019, the NCAA Board of Governors voted unanimously to allow college athletes to benefit from their schools and third parties using their names, images, and likeness “in a manner consistent with the collegiate model.” This move was in response to bills in California, South Carolina and other states that would prohibit colleges from taking away scholarships or dismissing athletes for signing endorsement deals or hiring agents, which would give schools in those states a competitive advantage in recruiting compared to schools in other states. While the specific details are unclear at this point, each of the NCAA’s three divisions are to create regulations in support of this new NCAA policy by January 2021.

Continue reading
  211 Hits
211 Hits

McPherson v. Tropical Fantasy Bar & Lounge Inc., and Mukesh Persaud, individually, Civil Case No.: 19-cv-00599

cocktail lounge
New Class and Collective Action filed in the Eastern District of New York

McPherson v. Tropical Fantasy Bar & Lounge Inc., and Mukesh Persaud, individually, Civil Case No.: 19-cv-00599

Continue reading
  180 Hits
180 Hits

Mclean v. Cornucopia Logistics, LLC; Civil Case No.: 19-cv-00864

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

Mclean v. Cornucopia Logistics, LLC; Civil Case No.: 19-cv-00864

Continue reading
  156 Hits
156 Hits

Can My Current Employer Fire Me for Interviewing with Another Company?

Fired
Employment at Will -  Firing of an employee for a job interview with another company

Employment at will means you can be terminated for any reason without any notice. This would include a situation in which your employer believes you are interviewing with other companies or exploring the job market in any way. That said, many employers won’t fire you looking for another job because a terminated employee could have a right to certain benefits, whereas an employee who leaves of his or her own free will is sacrificing those benefits.

Continue reading
  183 Hits
183 Hits

Egan and Tavolilla v. Safeway Construction Enterprises, LLC, et al. Case No.: 19-cv-02052(RJD)(PK)

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

Egan and Tavolilla v. Safeway Construction Enterprises, LLC, et al. Case No.: 19-cv-02052(RJD)(PK)

Continue reading
  213 Hits
213 Hits

Supreme Court Could Extend Title VII Protection to Employees Terminated for Sexual Orientation or Gender Identity

US Supreme Court
Expanded Title VII Protections Under the Law, Supreme Court Could Extend Title VII Protection to Employees Terminated for Sexual Orientation or Gender Identity

On October 8, 2019, the Supreme Court heard oral arguments in three cases that could reshape the landscape of protections provided by Title VII of the Civil Rights Act of 1964. Title VII provides protection against employment discrimination based upon race, color, religion, sex and national origin. Historically, the term “sex” as used in the statute has been interpreted to protect individuals from discrimination on the basis of gender, but this has not been extended to provide federal protection to transgender individuals, nor has the term been applied to grant protection on the basis of an individual’s sexual orientation. There have been cases in which the Circuit Courts of Appeal have held that the protection afforded by Title VII extends to gender identity or sexual orientation, however these instances are limited, and often address only one category or the other, leaving substantial ambiguity and making this issue ripe for the Supreme Court.

Continue reading
  248 Hits
248 Hits

My Employer Questioned My Sick Time Off. Is This Legal?

sick leave
Sick Time Off

Have you taken time off from work for illness and your employer is questioning your actions or requiring proof of an illness? There are instances in which this is legal and times when it is not permitted. The rules governing what your employer can and cannot do depend on the type of leave you requested and your company’s overall time-off policy.

Continue reading
  299 Hits
299 Hits

Drug and Alcohol Addiction in the Workplace

drug test
About Drug and Alcohol Addiction in the Workplace

The Americans with Disabilities Act (ADA) is designed to protect people with disabilities. Though many assume this pertains to alcohol and drug addiction, it only does under certain circumstances.

Continue reading
  240 Hits
240 Hits

Vilchez v. Violette’s cellar, LLC, Et Al. Civil Case No.: 18-cv-06832

restaurant kitchen chopping
New York Employment Law Class and Collective Action filed in the Eastern District of New York

Vilchez v. Violette’s cellar, LLC, and Roberto Hernandez, individually Civil Case No.: 18-cv-06832

Continue reading
  332 Hits
332 Hits

Pena v. Big Mack Painting Corp. et al.; Case No.: 19-cv-00265

painters tools
Judge grants Conditional Certification of Collective Overtime Wages Action in the Eastern District of New York

Pena v. Big Mack Painting Corp. et al.; Case No.: 19-cv-00265

Continue reading
  387 Hits
387 Hits

Baby on the Way? A Primer for Expectant Parents in the Workplace

baby on the way
What expecting parents expect in the workplace.

Becoming a parent can lead to many questions regarding work and career. This is especially true during the early stages of parenthood, beginning with the first announcement of pregnancy to maternity and paternity leave and the weeks and months following that time away.

Continue reading
  307 Hits
307 Hits

What Do You Need to Know About Non-Compete Agreements?

non-compete agreement
What is a non-compete agreement and how does it work?

Non-compete agreements were created to protect businesses from losing information that was vital to their bottom line if employees took jobs with competing companies.

Continue reading
  294 Hits
294 Hits

New York to Penalize Employers for Retaliating Against Immigrant Employees

diversity
Employers are not allowed to retaliate against immigrant employees in New York

On July 27, 2019, Governor Andrew Cuomo signed into law a bill that prohibits employers in New York State from retaliating against employees by contacting or threatening to contact immigration authorities. The measure also extends the protection to threats or actions against an employee’s family or household members. The law took effect on August 15, 2019.

Continue reading
  373 Hits
373 Hits

When Does Workplace Harassment become Serious Enough to Report?

Stop Harassment
Report Workplace Harassment

A variety of things occur in workplaces across the country every day that might be questionable, but not all of them are breaking any laws. Many of these occurrences aren’t even unethical or warrant filing a report with human resources – they’re simply things that get on your nerves or make you wish you were employed elsewhere or better yet, independently wealthy. The laws governing workplace conduct are not general civility codes and are limited to protecting individuals from specific illegal conduct.

Continue reading
  351 Hits
351 Hits

Can I Be Fired for Something I Do Outside of the Workplace?

Fired
Getting Fired For Activities Outside of the Workplace

Today, with the widespread use of social media, it’s easy for anyone to know what anyone else is doing at any time. People are sharing more of their personal lives and in many ways, people have become less concerned about actions that might be perceived negatively.

Continue reading
  386 Hits
386 Hits

Employment Law - Just Cause vs. At-Will Employment

74319245
What does Just Cause and At-Will Employment Mean?

In every state except for Montana, the default rule for terms and conditions of employment is the “at-will” doctrine. This means that an employer can terminate an employee for any reason or for no reason at all, and in turn, the employee can resign at any time without having to specify any reason for doing so. However, there are exceptions to this rule: it is illegal for an employer to fire an employee for a discriminatory reason, in retaliation for either opposing discrimination, or in some cases, in retaliation for complaining about illegal practices. Also note that the at-will doctrine does not always apply in cases where employees are represented by a union in the workplace and have due process procedures in their collective-bargaining agreements that have to be exhausted before termination.

Continue reading
  338 Hits
338 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