Whether or not an intern is paid is usually a deciding factor in considering hiring one. While many internships are not paid, labor laws usually allow the intern to work for college credit. However, there are restrictions to this exception. An internship must abide by specific criteria in order to be exempt from the Minimum Wage Act and Orders, which outlines New York’s laws regarding pay and overtime. In order to be exempt from this law, an intern cannot be considered an employee and an employment relationship cannot exist between the for-profit business and the intern. It can be determined that an employment relationship does not exist if the relationship meets all of the following criteria:
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On January 8th of this year, the U.S. Supreme Court denied a petition for certiorari to take another look at the case of DirecTV, LLC v. Hall. The issue in this case was whether or not the Fourth Circuit misinterpreted the Fair Labor Standards Act (FLSA), which ultimately decides minimum wage, overtime pay, recordkeeping, youth employment, and other employment issues. The FSLA issue the Supreme Court declined to hear is joint employment.
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On January 25, 2018, New York State Attorney General Eric Scheiderman announced he filed a lawsuit against Tropical Breeze Car Wash in Brooklyn, alleging its managers cheated its employees out of more than $540,000 in wages and deliberately filed false information to the state regarding the number of employees and payroll to avoid paying unemployment insurance. The lawsuit names the owner/manager and managers as defendants.
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What constitutes paid family leave and whether employers should be required to offer it has been a widely debated topic for decades. Recently, New York State has taken a step forward in this issue by granting employees new rights regarding family leave. As of the first day of the new year, the laws outlining employees’ eligibility for paid family leave have been improved in New York State to make it one of the most generous plans in the nation. The program for New York State will be phased in over the course of the next four years, beginning with 8 weeks of paid leave and eventually growing to 12 weeks of paid leave by 2021.
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Recently, a federal lawsuit was filed against Amazon and T-Mobile, among others, for discriminating against older employees in violation of the Age Discrimination Employment Act (ADEA). According to the complaint, these companies posted recruitment advertisements on Facebook, a social media platform, which targeted only specific age groups.
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A recent amendment to the New York City Human Rights Law now requires employers to handle employee requests for reasonable accommodations in a specific manner. The New York City Council amended the law, which takes effect on October 15, 2018, in response to employers’ failure to acknowledge and appropriately handle requests for reasonable accommodations by their employees. The amendment requires employers to participate in a cooperative discussion with an employee who needs accommodations for:
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The Family and Medical Leave Act (FMLA) gives qualifying employees up to 12 weeks of unpaid leave per year. It allows employees to take a reasonable amount of unpaid leave time for medical or family reasons such as:
Continue reading “FMLA Does Not Mean Employees are Ineligible for Termination”
Recently, a company in Wisconsin will be the first in the United States to put microchip implants in its employees. According to reports, over 50 employees at Three Square Market (32M) are expected to voluntarily have microchips implanted between their thumb and forefinger. The chips are radio-frequency identification chips (RFID) that will be used to perform common office tasks by waving their hand. According to Todd Westby, the implant is the size of a grain of rice.
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The New York State Paid Family Leave Law requires that every New York State employer provide employees with up to 12 weeks of paid leave for the following:
- the birth, adoption, or placement of a new child
- to care for a family member with a serious health condition, or
- for a qualifying exigency arising from a family member’s military service.
Continue reading “Updates To The New York State Paid Family Leave Law”
On May 30, 2017, New York City Mayor Bill de Blasio signed legislation to implement predictive scheduling for non-salaried fast food employees in New York City. This law requires that employers post a worker’s schedule 14 days in advance. If a schedule is changed with less than 14 days notice, an employer must pay a premium. This creates a private right of action for employees with his or her employer. The legislation will take effect in 180 days.
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