NYC Employment Law Blog

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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What is the Family and Medical Leave Act?

The Family Medical Leave Act is a federal law that’s designed to provide unpaid leave of up to 12 weeks for people who qualify. To qualify you basically need to be working almost as a full-time employee, because the requirement is that you’ve worked there for 12 months at your employer and that you’ve worked […]

  • Posted on: May 29 2019
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What are the pros and cons of filing federal vs state lawsuit?

It’s really got to be a case-by-case analysis with a sort of robust discussion on strategy between lawyer and the individual, but often times you can get better judges in a federal court. You may get a better jury pool in federal court. Your case will likely be faster even though you have the added […]

  • Posted on: May 28 2019
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What are my options if I experience sexism in the workplace?

If you’re experiencing sexism in the workplace, you really have a number of options available to you and most of these should be laid out in your employer’s policy, which you should have received as part of your employment onboarding and also periodically throughout your employment. Your first option is always, you can confront the […]

  • Posted on: May 28 2019
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