WSNYC Blog: The Latest in Employment Law

One M.T.A. worker at the Long Island Rail Road has won $461,646—more than the combined salaries of Governor Cuomo and Mayor de Blasio. This employee worked roughly 74 hours of overtime every week in addition to his usual 40 hours. After his lawyers proved that he never got paid any overtime wages (time and a half of a person’s usual hourly rate), he won $461,646 in court. The M.T.A. operates New York City’s subways and buses, in addition to the

William Littleton, a former Vice President at Goldman Sachs, is suing the Wall Street bank for sexual orientation discrimination. Littleton was employed at Goldman Sachs for eight years and was an openly gay leader of its internal LGBTQ network. He alleges that he was fired for reporting his managers’ discriminatory practices to Goldman’s employee relations department.

Littleton says that he was asked to miss an important client call because “he sounded too gay.”  On another occasion, Littleton claims that his manager

As a corporation, Starbucks has generally been an outspoken supporter of the LGBT community. They most recently debuted reusable rainbow cups for this month’s pride celebration. Additionally, the Human Rights Campaign has repeatedly given the coffee company a perfect score on the Corporate Equality Index, a measurement of LGBT inclusivity in the workplace. However, in a recent legal case, Starbucks’ lawyers are making the argument that refusing to call someone’s preferred gender pronouns isn’t harassment. Those within the LGBT community

President Trump’s campaign focused heavily on issues relevant to the working class, partly explaining his success in the 2016 election. Currently, the Trump administration emphasizes that unemployment numbers are hitting record lows. With more and more Americans working, we should consider the current state of workers rights in America.

Minimum Wage Policy

During his 2016 campaign, President Trump advocated for a $10 per hour federal minimum wage. However, since his election, there has been no increase in the federal minimum wage,

A severance agreement is a legal contract between an employer and an employee outlining the responsibilities and rights of each party following a termination or lay-off. It details the amount of money that your employer will continue to pay you.  It also outlines whether you will continue to be offered certain benefits like health insurance.

Signing a severance agreement indicates that you agree with the terms upon which you have been let go. In other words, it means that the employee

The New York City Council recently passed a bill that bans employers from requiring job applicants to complete pre-employment drug testing for marijuana or THC. However, employers can still conduct drug testing for other federally illicit drugs, such as opiates. The new law was passed by a 40-4 vote and sent to Mayor Bill de Blasio for his signature. After 30 days without action from de Blasio, the bill became law. It will first go into effect in May of

The National Labor Relations Board has classified Uber drivers as independent contractors, rather than employees. Uber drivers have recently advocated for higher pay and better working conditions, but this classification presents a significant roadblock. Independent contractors don’t have the same legal protections as employees. For example, this classification makes it difficult for Uber drivers to form a union and prevents drivers who work more than 40 hours a week from getting overtime pay.

Employee Classification Means a Higher Cost for Uber

If

FDM, an internet technology (IT) staffer, has serviced over 50 clients across the United States. The Law Office of Christopher Q. Davis, located in New York City, recently won a motion against FDM to conditionally certify an FLSA collective. Our Law Office alleges that FDM’s IT consultants were not paid overtime. While the defendant claims the IT consultants are overtime exempt, we argue that FDM has not complied with the overtime policies in the Fair Labor Standards Act (FLSA). The

Although Nike has recently emphasized female empowerment in advertisements, the company is facing backlash over how it treats its female athletes. Alysia Montaño, a U.S. Track National Champion, recently revealed that female athletes do not get any paid maternity leave. Female athletes at the highest levels stop getting paid and even lose their health insurance if they choose to become a mother. When Montaño told Nike that she was pregnant, she said her sponsor responded by saying “we’ll just pause

Sterling Jewelers Inc., the parent company of Kay Jewelers, is facing workplace discrimination and harassment charges. Sterling also manages roughly a dozen other popular jewelry stores, such as Jared the Galleria of Jewelry, Osterman, J.B. Robinson, and Zales. Sterling is overall the largest jewelry retailer in the United States. Although their market base is mostly women, female employees have recently come out with serious allegations against Sterling and its various companies.

Uncovering Systemic Discrimination and Harassment 

In the hiring process, Sterling has