Law Blog

Sullivan v. 10 Washington Ave. Food Inc. d/b/a Sandwich Express, and Brian Lew, individually Case No.: 19-cv-00245(JFB)(AKT)

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

Sullivan v. 10 Washington Ave. Food Inc. d/b/a Sandwich Express, and Brian Lew, individually Case No.: 19-cv-00245(JFB)(AKT)

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36 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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96 Hits

EEOC Releases 2018 Fiscal Year Discrimination Charge Data

Discrimination
2018 Discrimination Charge Data Released by EEOC

On Monday, April 10, 2019, The U.S. Equal Employment Opportunity Commission (“EEOC”) released its fiscal year (“FY”) 2018 report concerning discrimination charges. The report shows that the number of discrimination charges filed with the EEOC dropped, with one notable outlier: sexual harassment charges.

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526 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

McQuaid v. Capital Stack, LLC, Et al. Civil Case No.: 18-cv-09230

Loan
New Class and Collective Action filed in the Southern District of New York

McQuaid v. Capital Stack, LLC, and Eprodigy ACH, LLC, and Eprodigy Operations, LLC, and David Rubin, individually, and Brian Stulman, individually, Civil Case No.: 18-cv-09230

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1203 Hits

New Amendments to Whistleblower Law Proposed in New York State Senate

Whistleblower
New Amendments to Whistleblower Law Proposed in New York State Senate

In New York State, New York Labor Law (“NYLL”) § 740 protects whistleblowing employees from retaliation for engaging in protected activity. Specifically, NYLL § 740 has a one-year statute of limitations and considers protected activity to be when an employee reports, or threatens to report, a policy or practice of the employer to a supervisor or public body that is in violation of law, rule or regulation and creates and presents a substantial and specific danger to the public health or safety, or which constitutes health care fraud.

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224 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
185 Hits

Conditional Certification of Collective Action - Douglas v. Anthem Productions, LLC d/b/a Anthem Sound, Stage, and Lighting, Et al. Case No 18-cv-05789(VEC)

Stage Lighting
Judge grants Conditional Certification of Collective Action in the Southern District of New York

Douglas v. Anthem Productions, LLC d/b/a Anthem Sound, Stage, and Lighting, and Advanced Audio Technology, LLC d/b/a Anthem SSL, and Evaggelos Poulos a/k/a Angelo Poulos, individually, and Joseph Lodi, individually, and Jason Ojeda, individually  Case No.: 18-cv-05789(VEC)

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182 Hits

Camilo and Mejia v. Parrilla Latina Restaurant, Inc., Et al. Civil Case No.: 18-cv-09163

Tacos

New Class and Collective Action filed in the Southern District of New YorkCamilo and Mejia v. Parrilla Latina Restaurant, Inc., and 2501 Webster Restaurant Corp., and Ysidro Ramirez, individually, and Tomasa Izaquirre, individually Civil Case No.: 18-cv-09163

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  192 Hits
192 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
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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  333 Hits
333 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
291 Hits

How to Know If You Were Wrongfully Terminated

39658121
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

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

Car body work

New Collective Action filed in the Southern District of New YorkTorres and Tavarez v. Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individuallyCivil Case No.: 18-cv-8997

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  291 Hits
291 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

Judge grants Conditional Certification of a Nation-Wide Collective Action in the Southern District of New York Sealock v. Covance Market Access Services, Inc.

16495219

Judge grants Conditional Certification of a Nation-Wide Collective Action in the Southern District of New YorkSealock v. Covance Market Access Services, Inc., Civil Case No.: 17-cv-05857-JMF

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  381 Hits
381 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
379 Hits

Alvarez v. Cambridge Kitchens MFG Inc. and Neoklis Vasiliades, individually Civil Case No.: 18-cv-05419

60802889

New Collective Action filed in the Eastern District of New YorkAlvarez v. Cambridge Kitchens MFG Inc. and Neoklis Vasiliades, individually Civil Case No.: 18-cv-05419

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296 Hits

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