The most fundamental part of any employment relationship is the basic notion that a worker will receive wages from his/her employer in exchange for services rendered. That basic concept, however, often leads to conflict and strife, as there are constantly wage and hour disputes between workers and employers about how much they’re owed for the work they put in. Here’s just a handful of common “wage and hour” disputes that happen every day: Continue reading “Four Common Wage and Hour Disputes”
The Constitution of the United States guarantees its citizens the right to freely associate, and to peacefully assemble for political purposes. However, the modern labor union only dates to the 1930s, with the passage of the National Labor Relations Act (NLRA). Until that point, labor unions were made illegal, and were often broken up by police, or sometimes even by the State or National Guard. Moreover, there are still many people who are not allowed to legally unionize, or who have their right to organize significantly restricted. How can this be true? Continue reading “The Right to Unionize”
When people think of employment discrimination, whether based on gender, race, age, sexuality or disability, they usually have a specific picture of what that looks like. They imagine bigoted tirades or inappropriate physical contact, or managers or executives outright declaring their refusal to treat certain kinds of people as equals. That said, with employers now more conscious of lawsuits than ever, discrimination can often take more subtle forms. Continue reading “When Employment Discrimination Gets Sneaky”
When you get hired for a job, the terms of your employment are supposed to be laid out for you before you agree to be hired. This includes your benefits, your hours, your vacation and sick days, and of course, your wages. However, not every employer will stick to their end of the bargain. Some will choose not to pay overtime or will refuse to pay for all the hours you worked, or they’ll deny you sick days or vacation days that you’re entitled to. Some will refuse to pay you your last paycheck when you leave, and some may “forget” to pay you at all. Continue reading “The Problem of Wage Theft”
On January 10, 2019, New York City Mayor Bill de Blasio announced that he will introduce a package that includes improved benefits for private-sector workers and protections to ensure they are paid as promised.
Continue reading “De Blasio Introduces New Worker Protections and Benefits”
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.
Continue reading “The Supreme Court and The Debate Over Joint Employment”
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.
Continue reading “AG Files Lawsuit against Brooklyn Car Wash for Wage Theft”
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.
Continue reading “New York State’s Paid Family Leave Program Begins”
Employment at Will
An at-will employee generally has no right to their job. Many employees believe that there are laws that protect them from being fired without reason or notice, but those employees are wrong. Being an at-will employee means that, absent a contractual relationship, your boss does not have to provide you the benefits of such protections as notice or reason for termination. While this may be discouraging news, this also allows you the benefit of quitting your job with no notice or no reason as well.
Continue reading “5 Workplace Laws Employees Need to Understand”
Under New York City’s Paid Sick Leave Law (PSLL), which is enforced by the Department of Consumer Affairs (DCA), any employer with five or more employees must provide paid sick leave, while those with four or less employees are required to only provide sick leave. The law covers all employees who work more than eighty hours per calendar year and either live or work in New York City. Attending client meetings in New York City constitutes “working in New York City.” This law covers workers that are:
Continue reading “Paid Sick Leave Law”