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.
In late 2013, the Obama administration announced the imminent extension of minimum wage and overtime pay protections to the nearly two million Americans who provide home care, including health care, to the elderly and disabled. The new regulation is in effect as of January 1, 2015.
As a result of changes to the Fair Labor Standards Act, the nation’s primary wage and hour law, workers who provide home care services—including certified nursing assistants, home health care aides, personal care aides, home
In late 2014, a three-member panel of the National Labor Relations Board (NLRB) concluded that Triple Play Sports Bar and Grille had violated the National Labor Relations Act (NLRA) when it fired two employees over comments made on Facebook disparaging the restaurant’s owner, deeming the event an instance of wrongful termination.
The case began in January 2011 when waitress Jillian Sanzone discovered that she, along with several other coworkers, mistakenly owed state taxes on her wages. Shortly after the incident, a
The Law Office of Christopher Q. Davis is serving as co-lead class counsel on behalf of all Administrative Managers employed with the City of New York and affiliated with Local 1180 of the Communications Workers of America in a highly publicized discrimination lawsuit. In April, the EEOC made a probable cause determination that the City engaged in a broad pattern of discrimination, paying minorities and women substantially less than their white male counterparts. After completing its investigation, the federal commission recommended
In a recent New York Times article, opinion writer and University of Nevada instructor Brittany Bronson shared her personal experiences with sexual harassment in the restaurant industry, which is rampant among tip-earning service workers such as waiters, bartenders, expeditors, busboys, and hosts. Her personal story corroborates a report published last fall which found that workers earning the tipped minimum wage were twice as likely to experience sexual harassment in the workplace than those making standard minimum wage. According to the
Living wage legislation is proven to reduce poverty, and New York City Mayor de Blasio is taking a step toward fulfilling his campaign promise to reduce income inequality. A living wage is the minimum income required to meet basic needs like housing, clothing, and nutrition without additional aid. A living wage is different from minimum wage, which is set somewhat arbitrarily. The minimum wage is often not high enough to meet basic needs and leaves many in dire need of additional
An overwhelmingly large percentage of workers eligible for overtime pay are intentionally denied earned overtime wages by unscrupulous employers who are rarely punished and steal with impunity. This was the conclusion reached by the Economic Policy Institute, a Washington D.C.-based research and policy institute, and published in a report this past fall.
To place this in perspective, as the report further notes, all wage theft, including the intentional non-payment of minimum wage and overtime pay, resulted in approximately $50 billion in
Peggy Young regularly lifted boxes weighing up to 70 pounds as a delivery truck driver for the UPS. When she became pregnant in 2006, she requested a few months of lightened loads to accommodate her pregnancy. Other UPS workers injured on the job or otherwise considered disabled under the Americans with Disabilities Act (ADA) were eligible under the collective-bargaining agreement for “light duty” work. But Young’s request was denied because she was not technically injured or disabled, so she was
The Law Office of Christopher Q. Davis filed a complaint against Wells Fargo Advisors in the Eastern District of New York in October on behalf of Financial Advisors in WFA’s Private Client Group for unpaid overtime wages, minimum wages, unlawful promissory-note compensation, and other practices which unlawfully reduced their compensation. This lawsuit has received press attention, and other legal commentators have noted the strength of class claims.
Ms. Hartley also separately filed a discrimination lawsuit stemming from intense harassment she received
Employees of the five-star Boulud restaurants filed a multimillion dollar class action lawsuit with the New York Supreme Court in June 2014. Hundreds of restaurants, including those in the top-tier, are operating illegally when they force employees to share their tips with workers who are not serving. Many restaurant workers are not being paid fair wages: they earn less than minimum wage without tips and are also illegally required to perform un-tipped tasks. Their gratuity money ends up going to
Former Goldman Sachs employees Cristina Chen-Oster and Shanna Orlich are leading a 2,300-member class in a gender bias suit against the banking firm in the Southern District Court of New York. Chen-Oster and Orlich first filed in 2010, and are still battling with the defendants. The plaintiffs recently rebuked an expert report by Michael A. Campion that explained the pay gap between male and female employees as “plausible” due to male workers’ greater willingness to take on “extreme jobs.” Plaintiffs