Law Blog

Judge Grants Conditional Certification of Collective Action in the Southern District of New York Esperanza v. Dyckman Bar, Corp. et al Case No.: 1:17-CV-08766

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As previously reported on this website, in Esperanza v. Dyckman Bar, Corp. et al, on November 10, 2017, Lead Plaintiff Ms. Esperanza, on behalf of herself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Southern District of New York against her employer, Dyckman Bar, Corp. and Jose F. Galeas alleging willful violations of the Fair Labor Standards Act ("FLSA"), the New York Labor Law (“NYLL”) and the New York Codes, Rules, and Regulations (“NYCRR) including, but not limited to the failure of Defendants to compensate Plaintiff for overtime wages. The factual allegations of the case are referenced in our November 2017 blog post and are summarized as follows:

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Hot Button Issue: A Spotlight on Graduate Students Trying to Unionize

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At private universities across the country, graduate students who work as teaching and research assistants are attempting to unionize in the hopes of being able to collectively-bargain for increased stipends, better health benefits, and transparent grievance procedures, among other issues.

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958 Hits

Rafique v. Isham Broadway Pharmacy, Inc., and Satyanarayana Nekkanti, individually Case No.: 1:18-cv-02801

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New Collective Action filed in the Southern District of New YorkRafique v. Isham Broadway Pharmacy, Inc., and Satyanarayana Nekkanti, individually Case No.: 1:18-cv-02801

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1200 Hits

Job Interview on Your Agenda? Beware of these Questions!

Job Application Process

A job interview is one of the most stressful parts of job hunting. Despite the excitement and opportunity of being offered the job, the initial stages of meeting a potential employer and making a good impression are tough.

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1525 Hits

Liberty v. Northwell Health, Inc. d/b/a North Shore University Hospital Case No.: 2:18-cv-01633

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New Collective Action filed in the Eastern District of New YorkLiberty v. Northwell Health, Inc. d/b/a North Shore University Hospital Case No.: 2:18-cv-01633

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2892 Hits

Has Your Employer Agreed to Allow Telecommuting? Here’s What You Need to Know!

Telecommuting Employment Law

Telecommuting has grown in popularity in the last decade. This is due in part to the fact that the internet and other communication technology has made it so much easier for people to work from home. Telecommuting is a great way to allow employees freedom and flexibility, while still ensuring they are able to meet their work responsibilities.

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1225 Hits

Case Update: Brown v. Michael Della Vecchia & Son Inc. et al.,(Case No.: 1:17-CV-06094) Judge grants Conditional Certification of Collective Action in the Eastern District of New York

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As previously reported on this website, in Brown v. Michael Della Vecchia & Son Inc. et al.,(Case No.: 1:17-CV-06094) on October 18, 2017, Lead Plaintiff Mr. Brown, on behalf of himself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Eastern District of New York against Michael Della Vecchia & Son Inc., and Anthony Della Vecchia, individually, alleging willful violations of the Fair Labor Standards Act ("FLSA") and the New York Labor Law (“NYLL”) including, but not limited to the failure of Defendants to pay overtime wages. The factual allegations of the case are referenced in our October 2017 blog post and are summarized as follows. 

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Unpaid Wages Case Update (Docket No.: 17-CV-5041) Judge grants Conditional Certification of Collective Action in the Eastern District of New York

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Judge grants Conditional Certification of Collective Action in the Eastern District of New YorkAs previously reported on this website, in Henry v. Prishtina Construction Designs, Inc., on August 25, 2017, Lead Plaintiff Mr. Henry, on behalf of himself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Eastern District of New York against Prishtina Construction Designs, Inc., and Flamur Prishtina, individually, alleging willful violations of the Fair Labor Standards Act ("FLSA") including, but not limited to the failure of Defendants to pay overtime wages. The factual allegations of the case are referenced in on our New York employment lawyer court decisions page and are summarized as follows:

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1224 Hits

Smajlaj v. Pritchard Industries, Inc. Case No.: 1:18-cv-02243

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New Collective Action filed in the Southern District of New YorkSmajlaj v. Pritchard Industries, Inc. Case No.: 1:18-cv-02243

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1344 Hits

Second Circuit Rules that sexual orientation discrimination is illegal under Federal Law

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As we previewed in our earlier post LGBTQ Rights and the Workplace, the Second Circuit Court of Appeals in New York has released its decision in Zarda v. Altitude Express, holding that sexual orientation discrimination is considered sex discrimination under Title VII of the Civil Rights Act of 1964. Sex discrimination is one of the types of discrimination historically barred under Title VII. After a 10-3 vote, Chief Judge Robert Katzmann authored the majority opinion, which gives three separate legal grounds for their holding.

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1004 Hits

State and Federal Governments Respond to Sexual Harassment Claims

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Within the last six years, at least 1,000 New York State government employees have made sexual harassment complaints regarding incidents in the workplace. According to a recent Politico report, New York State taxpayers have paid at least $6.4 million for settlements connected to these complaints since 2012. This amount is comprised of 54 cases settled for a combined $5,552,880. This also includes 18 out-of- court settlements; a $60,939 judgment by the State’s Division of Human Rights; and a $103,080 payment in 2012 for misconduct by former Assemblyman Vito Lopez. The agencies with the most complaints include the Department of Corrections and Community Supervision, the Office of Mental Health, and the Office of Children and Family Services. In Governor Cuomo’s State of the State, he discussed legislation that would “prevent taxpayer funds from being used for settlements against individuals relating to sexual assault and harassment.”

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1013 Hits

What Employees Need to Know about Background Checks

background check

Depending on the field in which you are seeking employment, a background check might be commonplace. Many employers run background checks on applicants for protection. In addition to protecting their own interests, they also need to be sure it’s safe for their employees to interact with clients since they can be held responsible for exposing clients to danger.

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5469 Hits

Guzman-Reina v. ABCO Maintenance, Inc., and James Virga, individually, Thomas Virga, individually, and Pete Ghazarian, individually Case No.: 17-cv-01299

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Judge grants Conditional Certification of Collective Action in the Eastern District of New YorkGuzman-Reina v. ABCO Maintenance, Inc., and James Virga, individually, Thomas Virga, individually, and Pete Ghazarian, individually. Case No.: 17-cv-01299

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2734 Hits

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

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New Collective Action filed in the Southern District of New YorkAquino v. Joseph’s Auto Center, Inc., and Carl Bucalo, individually Case No.: 18-cv-2009

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1476 Hits

Ramirez v. El Potrero Sport Bar, Inc. Case No.: 18-cv-964

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New Collective Action filed in the Eastern District of New YorkRamirez v. El Potrero Sport Bar, Inc. Case No.: 18-cv-964

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1594 Hits

Peña v. Burnside Food Corp. d/b/a C-TOWN SUPERMARKETS (“C-Town”) and George Guzman, individually Case No.: 18-cv-01687

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New Collective Action filed in the Southern District of New YorkPeña v. Burnside Food Corp. d/b/a C-TOWN SUPERMARKETS (“C-Town”) and George Guzman, individually  Case No.: 18-cv-01687

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1248 Hits

Do You Have Concerns about Your Employer Breaking the Law? What You Need to Know about Whistleblowing

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If you work for an employer you are sure operates above-the-board and is entirely ethical, you should consider it a blessing. Not everyone is this lucky. Some employees, even when they are happy in their work and do not intend to do so, discover their employers are doing something unethical or outright breaking the law.

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1182 Hits

The End of Forced Arbitration in Sexual Harassment Claims Draws Near

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Recent media coverage related to sexual harassment and inappropriate behavior in the workplace has lawmakers paying attention. Now, there are efforts underway to put an end to employers forcing employees to arbitrate matters related to sexual harassment out of court.

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1360 Hits

New Whistleblower Protections for Federal Employees Take Effect

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On October 26, 2017, the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 was passed into law. The new law provides more protections for whistleblowers that report fraud, waste, and abuse in the federal government. Some of these protections include: providing the Office of Special Counsel more access to information in order to fully conduct investigations into whistleblower firings; informing federal employees of their rights as whistleblowers; providing managers with training on whistleblower protections; tougher penalties against supervisors who retaliate against whistleblowers; and better protections for probationary employees fired for whistleblowing.

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Are Employees Legally Entitled to Meal Breaks?

Most of us can imagine it in our heads – construction workers sitting on the side of the road digging into their lunch pails, or people in business suits heading out to grab a bite of something nearby, enjoying the sun before returning to finish the workday.

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1290 Hits

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