Law Blog

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
  429 Hits
429 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
  384 Hits
384 Hits

Abraham and Sylvester v. Promise Home Care Agency, Inc.; Case No.: 18-cv-04502

12344600662
Judge grants Conditional Certification of Collective Action in the Southern District of New York

Abraham and Sylvester v. Promise Home Care Agency, Inc.; Case No.: 18-cv-04502

Continue reading
  643 Hits
643 Hits

What is the FLSA?

20402330
The Fair Labor Standards Act (FLSA)

FLSA, which stands for the Fair Labor Standards Act, is a law that protects workers from workplace violations and practices related to wages and pay. The law created regulations that affect businesses and workers, including minimum wage guidelines and rules about overtime. In addition to wages, the FLSA also gives an explanation of what exempt and non-exempt means as it applies to employees and overtime.

Continue reading
  444 Hits
444 Hits

Union Picketing: Inflatable Rats Under Fire

No Rats
Labor Union Inflatable Rats Under Fire

Labor unions commonly use inflatable rats when they picket a company for using non-union labor in order to draw the attention of passersby and bring public awareness to their protest.

Continue reading
  499 Hits
499 Hits

New York City Becomes the First Municipality in the Country to Ban Marijuana Testing of Job Applicants

Marijuana
New York City Becomes the First Municipality in the Country to Ban Marijuana Testing of Job Applicants

On May 10, 2019, the New York City Council’s bill prohibiting employers from drug testing prospective employees for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana) was passed into law. The law, which is the first of its kind in the country, makes such testing an unlawful discriminatory practice under the New York City Human Rights Law.

Continue reading
  537 Hits
537 Hits

New Class and Collective Action filed in the Eastern District of New York Loja v. Jasco Designs, Inc., Civil Case No.: 18-cv-06190

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

Loja v. Jasco Designs, Inc., Civil Case No.: 18-cv-06190

Continue reading
  460 Hits
460 Hits

What You Need to Know about New York City’s Earned Sick Time Act

paid time leave
The Earned Sick Time Act in New York City

As of May 5, 2018, the New York City's Earned Sick Time Act permits employees paid time off, if they or their family members are victims of domestic violence. Such time off, referred to as “safe time” in the Act, may be utilized to address certain non-medical needs concerning domestic violence, sexual assault, stalking and human trafficking.

Continue reading
  426 Hits
426 Hits

Camilo v. Parrilla Latina Restaurant, et al., Case No.: 18-cv-09163(JPO)

44591742
Judge grants Conditional Certification of Collective Action in the Southern District of New York

Camilo v. Parrilla Latina Restaurant, et al., Case No.: 18-cv-09163(JPO)

Continue reading
  546 Hits
546 Hits

New York Lawmakers Propose Updates to Discrimination Laws

12829273 2
New Anti Discrimination Laws Proposed in New York

New York lawmakers have proposed legislation that would expand the protections available to employees under the New York State Human Rights Law (“NYSHRL”). The bill, sponsored by Sen. Alessandra Biaggi and Assemblymember Aravella Simotas, is the bedrock of a package of eleven bills intended to strengthen the state’s anti-discrimination laws.

Continue reading
  505 Hits
505 Hits

Perez v. Four Seasons Temp Control, Inc., and Asher Putter, individually Civil Case No.: 18-cv-5918

hvac
New Collective Action filed in the Eastern District of New York

Perez v. Four Seasons Temp Control, Inc., and Asher Putter, individually Civil Case No.: 18-cv-5918

Continue reading
  479 Hits
479 Hits

Sanchez v. Walker Deli Corp. d/b/a Tribeca Park Café and Sayed Abdalla, individually Civil Case No.: 1:18-cv-09321

Sandwich
New Action filed in the Southern District of New York

Sanchez v. Walker Deli Corp. d/b/a Tribeca Park Café and Sayed Abdalla, individually Civil Case No.: 1:18-cv-09321

Continue reading
  483 Hits
483 Hits

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

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

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

Continue reading
  413 Hits
413 Hits

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)

Continue reading
  354 Hits
354 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.”

Continue reading
  1256 Hits
1256 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.

Continue reading
  12501 Hits
12501 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:

Continue reading
  627 Hits
627 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

Continue reading
  1842 Hits
1842 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.

Continue reading
  669 Hits
669 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)

Continue reading
  486 Hits
486 Hits

Logo

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