Whether you are an employer or an employee, it’s important to stay up-to-date on developments in employment law to protect your rights in the workplace. Our blog highlights the most relevant news, bills, lawsuits, and “how-tos” of employment law for working professionals. Our blog also includes our firm’s most recent news.
New York City employees in the restaurant industry, including servers, chefs, sous chefs, bartenders, dishwashers, and others, have increasingly been wrongfully denied their overtime wages. According to the Fair Labor Standards Act (FLSA), overtime pay “must be paid at a rate of at least one and one-half times the employee’s regular rate of pay for each hour worked in excess of 40 hours per week.” When determining the regular rate for a tipped employee, such as a server, all components
Increasingly, people around the world are rising to the task of finding solutions for the problem of gender discrimination and unequal pay in the workplace. According to the U.S. Equal Employment Opportunity Commission, sex discrimination involves treating an employee or job applicant unfavorably because of that person’s sex. Anti-discrimination laws in New York State, New York City, and across the globe protect people from sex discrimination regarding all aspects of employment, such as hiring, firing, pay, promotions, layoffs, benefits, and
The “Me Too” movement has raised important issues regarding the severity and prevalence of sexual harassment in the workplace. As women have shared their “Me Too” stories, they have sparked legislative action, such as the New York City Council’s passage of the Stop Sexual Harassment NYC Act last April. This act expands the obligations of employers to prevent sexual harassment from happening in the workplace. Regarding this new legislation, employers and employees ought to know their obligations and rights when
As more and more people order items online, the field of logistics constantly grows. Logistics workers include delivery drivers, assemblers, couriers, dock workers, and more. Any item that you’ve shipped to your home or business has likely arrived with the help of several different logistics workers. Currently, there is an unfortunate trend in the legal field among logistics employers and companies who hire logistics contractors. Several of these employers and companies currently pay their workers unfair overtime wages,
The Law Office of Christopher Q. Davis filed an overtime lawsuit against Allied Universal on behalf of all hourly Airport Security Agents, Lead Airport Security Agents, Operations Assistants, and Supervisors at John F. Kennedy International Airport (“JFK”). The lawsuit was originally filed in October 2017, and is now proceeding to discovery following an Initial Conference in the Eastern District of New York.
The lawsuit alleges that Allied Universal forced Security Agents, Operations Assistants and Supervisors to work “off-the-clock” before their scheduled
If you are an independent contractor in New York, life just became easier for you. New local and state laws extended rights to independent contractors that were once limited to employees. You will enjoy better legal standings if you face harassment, discrimination or nonpayment for your work.
This is welcome news if you enjoy working as a freelancer but never appreciated the limits on enforcing your rights. Here are summaries of these new laws and how they will help you.
Customer service is an often-thankless occupation and to make matters worse, it is an underpaid one too. While those who answer customer questions, solve technical issues, and monitor complaints are essential to business, but the denial of overtime pay and other wage violations are too common among this group.
Fortunately, class certification and settlements arise from New York Labor Law and Fair Labor Standards Act claims. This allows workers options and the ability to enforce the fair payment of their wages.
Despite the fact there are federal and state laws preventing discrimination based on pregnancy, these incidents remain too common. Women may face resistance when they request maternity leave and return to work only to face retaliation with demotion, pay reduction or termination.
These instances of gender discrimination are actionable and it may be possible to receive compensation if this happens to you. Here are the laws preventing pregnancy discrimination and what to do if you face this ordeal.
The Pregnancy Discrimination
When you face a cancer diagnosis, you already fear for your life. If your job is also at stake, that only adds to the stress, especially if you rely on health insurance provided by your employer.
If your employer has more than 15 employees, they must accommodate you as you go through cancer diagnosis and treatment. Failure to follow through may be a violation of the act and entitle you to damages. Here is how the Americans with Disabilities Act (ADA)
Overtime pay is a common wage violation against workers and many times, the failure to address overtime is not intentional. Employers do not always understand New York overtime requirements well and workers end up paying the price with reduced pay. However, there are some cases where this oversight is intentional and employers should be held accountable.
You may have noticed short paychecks or were told to clock out and keep working too often. No matter your challenges with overtime pay, you