Recently, the New York Post reported that Bloomberg, a financial media company, has agreed to pay $3.2 million in a settlement for overtime wages. The Manhattan federal class-action lawsuit was initiated by customer service employees who claimed they were not compensated for overtime.
Continue reading “Bloomberg Settles Overtime Wages Case in New York”
All companies must now be familiar with the Labor Department’s new rules defining independent contractor versus employee status for several reasons. In addition to working for principals as an independent worker, many rep firms hire employees to assist in their businesses. When are workers employees? When are they contractors? These are differences in definitions that have huge legal implications.
Continue reading “Significant Employee versus Independent Contractor Developments”
Restrictive covenants are provisions in employment agreements that prohibit a person from working for a competitor after leaving his or her employer. The effect of such clauses varies greatly. In addition from limiting a former employee’s job opportunities, a restrictive covenant allows an employer to restrict the former employee from starting a business or forming a venture with others that competes against the former employer; contacting or soliciting former or current customers or employees of the former employer; and using confidential knowledge, trade secrets and other privileged information learned while working for the former employer. Many employers also place time and geographical restrictions in these covenants.
Continue reading “Beware of Signing Employment Contracts with Restrictive Covenants”
In 2014, New York City Mayor de Blasio signed into effect the Earned Sick Time Act, and later approved further amendments that would offer employees greater protection by expanding the Act. Recently, companies such as Best Buy and FedEx have been fined for not complying with the law that went into effect in April 2014.
Continue reading “NYC Employers Fined for Not Allowing Employees Sick Leave”
The Zika virus, which was originally identified in 2015, has spread to approximately 33 countries. Many of the countries are in the Americas. Recently, the World Health Organization has announced an international health emergency because it is now thought the virus is linked in causing microcephaly.
Attorney General Eric T. Schneiderman announced on July 22 of last year a settlement of $46,000 with C&S Wholesale Grocers for terminating employees who were injured on the job. The settlement followed an investigation by the Attorney General into C&S Wholesale Grocers, popularly known as “C&S”, the largest wholesale grocery company in the country.
The investigation followed an appeal in which the Attorney General’s Office successfully represented the Worker’s Compensation Board.
Steven Mitchell Sack, “The Employee’s Lawyer,” will appear on “Fox & Friends” on Saturday, February 27 at 6:45 a.m. to discuss the new rules that are being proposed in Seattle on how companies establish their employees’ work schedules.
New York Uber execs are off the hook; the drivers they employ are now considered freelancers, not employees, thanks to a statement by Meera Joshi, chairwoman of New York City Taxi and Limousine Commission.
Continue reading “New York City Calls Uber Drivers Freelancers”
It is increasingly difficult for potential employees to find job positions after they have been arrested or convicted of a crime. According to the U.S. Equal Employment Opportunities Commission, Title VII of the Civil Rights Act of 1964 defines parameters of the hiring process to avoid discrimination, including whether to conduct a criminal background check and how to weigh those applicants who have an arrest or conviction record. Title VII of the Civil Rights Act of 1964 prohibits employers to discriminate based on an applicant’s race, color, natural origin, sex, or religion. It is important to adhere to these guidelines in order to be an equal opportunity employer.
Continue reading “How Should Potential Employees’ Criminal Record be Considered?”
New York State Governor Andrew Cuomo signed a bill to protect workers and homeowners who are involved in mold assessment, remediation, and abatement on residential property. The law modifies a licensing requirement for contractors and enforces Environmental Protection Agency standards when dealing with mold.
Continue reading “New Legislation Protects Homeowners and Workers Involved in Mold Abatement”
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