NYC Employment Law Blog

Gavel and scales in the background, representing the court case.

How Precedential Court Ruling in Breest v. Haggis Impacts Employers

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 […]

  • Posted on: Feb 24 2020
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Stressed New Jersey employee.

New Jersey Strengthens Worker Protections

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 […]

  • Posted on: Feb 17 2020
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Commissioned salesperson selling a vehicle to a customer.

In Focus: Wage Protections for Commissioned Workers

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 […]

  • Posted on: Feb 10 2020
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Luggage from the Away company.

Away Embroiled in Employment Controversy. Will Lawsuits Follow?

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 […]

  • Posted on: Feb 3 2020
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African American woman working in a business that follows the CROWN Act.

New Jersey’s CROWN Act Bans Discrimination Based on Hairstyle

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 […]

  • Posted on: Jan 17 2020
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An undocumented worker working in a warehouse.

Wage Protections for Undocumented Workers

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 […]

  • Posted on: Jan 14 2020
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Interviewer asking job applicant about their salary history.

Ban on Salary History Inquiries Now in Effect in NY and NJ

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 […]

  • Posted on: Jan 10 2020
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Two women in a joint employer business.

Labor Department Issues Final “Joint Employer” Rule

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 […]

  • Posted on: Jan 7 2020
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Woman working overtime in her office.

New Overtime Rule Goes into Effect January 1, 2020

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 […]

  • Posted on: Dec 30 2019
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Man signing a mandatory arbitration agreement for employment.

EEOC Rescinds Mandatory Arbitration Policy

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 […]

  • Posted on: Dec 16 2019
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