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Supreme Court Asked to Consider Age Discrimination Case

As older workers remain in the workforce longer, age discrimination is becoming more pervasive, despite the protections of the Age Discrimination in Employment Act (ADEA). Now the Supreme Court has been asked to decide whether the ADEA protects outside job applicants. The Backdrop In January, the 7th Circuit Court of Appeals ruled that the ADEA […]

  • Posted on: May 30 2019
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My boss won’t pay me over 8 hours. What are my rights?

If your employer isn’t paying you for all the hours that you’re working and you’re not entitled to be paid a salary, your employers breaking the law. The law requires an employer to pay you for all hours that you work for the employer’s benefit. Does not matter what your scheduled hours are, if you […]

  • Posted on: May 29 2019
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What is the Fair Labor Standards Act?

The Fair Labor Standards Act is the federal law that says employees are entitled to be paid minimum wage and overtime equaling time-and-a-half the regular rate for every hour they work over 40. The law begins with presumption that everyone is entitled to overtime and carves out exemptions from that. If you do not fall […]

  • Posted on: May 29 2019
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What is the difference between wrongful termination and being fired?

Wrongful termination by itself is not a legal claim. An employer is only breaking the law if they fire you for discriminatory or retaliatory reasons. New York is an at-will employment state that means an employer could fire you for no reason or any lawful reason and with no notice. If however, the employer fires […]

  • Posted on: May 29 2019
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If I quit am I entitled to my unused vacation days?

The question of whether or not you’re going to get paid out accrued and unused vacation if you quit your job is really one that’s gonna be answered by the company policy. So New York has a general rule that employers should pay out accrued and unused vacation however that rule can be trumped by […]

  • Posted on: May 29 2019
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If I get “let go” am I entitled to a severance package?

Absent of an employment agreement obligating the employer to pay you severance, there’s no legal requirement for an employer to give you severance. An employer will give you severance really for one of three reasons. It’s required under the contract, good will of trying to help you bridge that gap between your old job and […]

  • Posted on: May 29 2019
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If I was misclassified as an independent contractor, what can I do about it?

Well, there’s a number of things you could do and obviously coming in, you know, talking to an employment lawyer like the employment lawyers here at Lipsky Lowe. There are definitely causes of action because you have been denied certain things and sometimes what you’re denying is not necessarily wages. Although often times it is […]

  • Posted on: May 29 2019
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What is the difference between an independent contractor and an employee?

The difference between an independent contractor an employee can be a very complicated analysis. There are a number of different tests to determine when someone is properly classified as an independent contractor. I like to simplify it when I talk to my clients and the way I simplified is this: If you’re working through a […]

  • Posted on: May 29 2019
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What happens if I have used three sick days but I am still sick?

Whether or not you’re gonna get credit for an FMLA day or whether you have to use an FMLA day, there’s a couple things you have to remember. One of which is FMLA is unpaid leave. So you’re never going to get paid because you took an FMLA day. If you’re getting paid it’s because […]

  • Posted on: May 29 2019
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