Law Blog

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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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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1209 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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1567 Hits

New York State Department of Labor submits proposed regulations on employee scheduling

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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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582 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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671 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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862 Hits

What You Need To Know About Constructive Termination

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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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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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1255 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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721 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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699 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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786 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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1032 Hits

Angerosa v. Moving Right Along Service, Inc. and Jim Rueda, individually Case No.: 18-cv-04810

movers

New Class and Collective Action filed in the Eastern District of New YorkAngerosa v. Moving Right Along Service, Inc. and Jim Rueda, individually Case No.: 18-cv-04810

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659 Hits

Are Undocumented Workers Entitled to Workers Compensation?

liberty

Undocumented workers have traditionally tried to stay “under the radar” to avoid problems, but what happens when someone experiences an injury on the job and needs compensation? If a person has been working for a company and suffers an injury that requires medical attention, is he or she on the hook for the cost of medical treatment due to a lack of proper documentation?

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1332 Hits

Bailey v. Edison Liquidating, LLC d/b/a Edison Home Health Care Civil Case No.: 18-cv-04401

health care

New Civil Action filed in the Eastern District of New YorkBailey v. Edison Liquidating, LLC d/b/a Edison Home Health Care Civil Case No.: 18-cv-04401

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854 Hits

Transgender Rights in the Workplace Under Fire

Gender
Defining “sex” for purposes of Title IX of the Educational Amendments Act of 1972 as meaning a “person’s status as male or female based on immutable biological traits identifiable by or before birth"

Earlier this week, the Trump administration announced that it was considering defining “sex” for purposes of Title IX of the Educational Amendments Act of 1972 as meaning a “person’s status as male or female based on immutable biological traits identifiable by or before birth . . . The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.” This would be an effective refusal by the federal government to recognize transgenders as an entity.

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494 Hits

NY Election Law provides protections for employees seeking to vote

Vote

As everyone is probably aware, the 2018 midterm elections are coming up in New York and throughout the United States. In New York, the polls open on November 6th at 6:00 a.m. and stay open until 9:00 p.m. However, if you feel that may not be enough time to exercise your right to vote, New York State Election Law may be able to help.

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771 Hits

Urias v. Between The Bun Enterprises Inc. and Mala Ramsahai, individually Civil Case No.: 18-cv-04352

restaurant

New Collective Action filed in the Eastern District of New YorkUrias v. Between The Bun Enterprises Inc. and Mala Ramsahai, individually Civil Case No.: 18-cv-04352

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584 Hits

Final Version of New York’s New Sexual Harassment Policy Now in Effect

metoo

The New York State Division of Human Rights (“NYSDHR”) released the final version of the new sexual harassment policy, along with training guidelines, on October 1, 2018 and the new, updated policy took effect on October 9, 2018. The final policy contains some changes from the earlier proposed version, most notable however, is that employers now have until October 9, 2019, to provide employees with the mandated training in accordance with the new policy. Other changes include removal of the “zero tolerance policy” language as it conflicted with federal guidelines on sexual harassment policies and removal of the requirement that new hires receive sexual harassment training within thirty days in favor of encouraging employers to complete new hire training “as soon as possible.” Additional changes to the policy from the proposed policy and required training are listed below:

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585 Hits

Have You Been Threatened in the Workplace? Here’s What to Do

hostile work environment law
Hostile Work Environment

The workplace can be a tumultuous place where we must deal with demanding bosses, moody co-workers, and difficult customers or clients. The price employees pay for financial security is enough to give anyone a headache, but what happens when a not-so-pleasant situation turns into one that is downright hostile?

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2961 Hits

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