Victims of sexual assault and workplace sexual harassment in New York City have a new means of financial recovery as a result of a precedential appellate court ruling in December 2019. In Breest v. Haggis, the First Appellate Division of the State Supreme Court held that plaintiffs can use the Victims of Gender-Motivated Violence Protection […]
New Jersey Governor Phil Murphy signed a series of bills into law in January designed to enhance worker protections with respect to misclassification, wage theft and mass layoffs. The recently enacted employment laws cover a range of issues, including: Misclassification of Independent Contractors Employers often misclassify employees as independent contractors to avoid minimum wage and […]
A common misconception is that commissioned employees are not entitled to the same protections as hourly and salaried workers, including minimum wage and overtime. Certain commissioned workers In New York are protected by federal and state laws, however. If you work on a commission basis, the best way to assert your rights is to consult […]
New York-based direct-to-consumer luggage company Away has been mired in turmoil since a scathing exposé on its toxic work culture appeared in The Verge. If you have been subjected to unfair treatment in your workplace, it takes a highly skilled employment lawyer to assert your rights. Did Away executives create a hostile work environment in […]
On December 19, 2019, New Jersey Governor Phil Murphy signed legislation amending the state’s Law Against Discrimination to include hairstyle discrimination as a form of prohibited race-based discrimination. The Create a Respectful and Open Workplace for Natural Hair Act (“CROWN Act”) became effective immediately, making New Jersey the third state, along with New York and […]
Undocumented workers in New York face unique workplace challenges that documented laborers do not experience, not the least of which is being taken advantage of by employers that fail to pay the minimum wage or overtime pay. Nonetheless, undocumented workers are entitled to the same legal protections as documented individuals under state and federal labor […]
An amendment to the New York Labor Law went into effect on January 6, 2020, prohibiting private and public employers in the state from relying on or inquiring about salary history in employment and compensation decisions. A similar ban became effective in New Jersey as of January 1, 2020. The best way for employees and […]
On January 12, 2020, the U.S. Department of Labor issued its final “joint-employer” rule that replaces an Obama Administration policy that potentially would have made more businesses liable for wage violations engaged in by franchisees and contractors. The new rule, which becomes effective March 16, provides a four-part test for determining whether a company is […]
The U.S. Department of Labor’s (DOL) final overtime rule becomes effective January 1, 2020. The best way for employees and employers to understand their rights and responsibilities under the new rule, respectively, is to consult an experienced employment lawyer. What’s in the DOL’s new overtime rule? In short, the rule increases the salary thresholds for […]
For 22 years, the U.S. Equal Employment Opportunity Commission has maintained a policy statement objecting to the use of mandatory arbitration agreements for employment discrimination claims. In December 2019, the agency rescinded its long-standing policy statement in a 2-1 decision. In light of this development, the best way for employees to protect their rights against […]
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