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Feds find wage-and-hour violations at Queens gas station

AdobeStock_71333490.jpegAt our New York City law firm, we advise employers about compliance with federal, state and local wage-and-hour laws involving payroll issues like overtime, minimum wage, classification of employees and similar issues. Our attorneys provide guidance in drafting employee handbooks and creating policies and procedures that meet these kinds of legal requirements.

Likewise, we provide employees with advice about their potential legal remedies for wage-and-hour violations.

What can workers do when their paychecks are delayed?

paycheck.jpgMost likely, there's been Most likely, there's been at least one point where you weren't certain your paycheck was going to make it to the bank before the bill collectors tried to tap into those funds. In fact, it's not uncommon for people to face this anxiety on a regular basis.

According to Forbes, approximately 78% of all workers live paycheck-to-paycheck. They need their checks deposited on time to buy their food, pay their rent and make sure their bills don't bounce. So what can these people do when employers withhold their timely pay? The answer, as it turns out, is "quite a lot."

Punitive damages may be available for harassment, discrimination in New York

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Employees who work in New York are protected by some of the most expansive anti-discrimination laws in the country. Now, the recently passed Senate Bill S6577 provides one more tool for victims of discrimination, allowing employees to pursue punitive damages against private employers.

You may be eligible to collect more damages than you think

If you’ve been a victim of workplace discrimination, know that New York has never been more supportive of your situation, legally speaking. Under the recently passed Senate Bill S6577, individuals forced to endure discrimination now have more protection, including the option to pursue punitive damages from private employers.

When most people think of discrimination cases, their first thought is making the perpetrator (person or organization) pay their debt to the victim. That’s why this is such an important development in the New York State Human Rights Law. This new provision facilitates more recovery potential for the victim.

NYC issues guidance on work discrimination for immigration status

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On Sept. 25, the New York City Commission on Human Rights released a detailed enforcement guidance document that provides examples of employer behavior that would constitute discrimination or harassment of an employee or job applicant based on their actual or perceived immigration status or national origin. The guidance gives employers and employees a deeper understanding of what conduct would be illegal under the New York City Human Rights Law, or NYCHRL, which generally applies to any employer operating in New York City with at least four employees.

While New York City law already protects employees against discrimination based on actual or perceived "alienage and citizenship status" and national origin, this new guidance explains how this kind of discrimination or harassment might occur (the commission explains that because the term "alienage" can be demeaning, it instead uses "immigration status.")

Is misclassifying workers illegal?

AdobeStock_272780741.jpgEmployees who do not run their own business expect a few basic things: fair pay, benefits, and fair treatment from their employer. However, the extent to which an employer must provide these things can depend on your status as an employee or contractor.

The National Labor Relations Board (NLRB) issued a ruling in August 2019 that an employer does not violate the National Labor Relations Act by misclassifying their employees as contractors. This is a notable ruling from the NLRB because it could affect how employers treat workers in the future.

SCOTUS: Is LGBTQ discrimination included in sex discrimination?

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The U.S. Supreme Court will hear arguments in a trifecta of employment discrimination cases on October 8th. The issue before the Court in the trio of cases is whether discrimination based on "sex", which is banned under federal anti-discrimination laws, includes workplace discrimination based on gender identity and sexual orientation.

Title VII of the Civil Rights Act of 1964 declares sex discrimination at work unlawful for most employers with at least 15 employees. The Equal Employment Opportunity Commission, or EEOC, is the federal agency that enforces Title VII. Since 2015, the EEOC has included sexual orientation and gender identity within its interpretation of "sex" for purposes of Title VII discrimination.

Longtime NYPD detective says city discriminated against him

small AdobeStock_61516923.jpgEmployment discrimination is not always a single shocking incident. In many cases, it is a series of smaller actions that slowly reveal themselves as something more sinister: targeted, discriminatory behavior against a worker. It can occur in any workplace across the United States. 

Here in New York, the city is facing a religious discrimination lawsuit from a long-serving detective. He claims he has been denied promotions and other opportunities simply because he is Muslim. 

Welders, ironworkers will get back $6 million in stolen wages

AdobeStock_236124176.jpgWhen a group of welders and ironworkers approached their employer, AGL Industries, about wage violations, including unpaid overtime, the company had a simple response. It told its employees they couldn't do anything to recoup their lost pay. That turned out to be far from the truth.

Protecting Creditors Between Verdict and Judgment

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At the conclusion of a typical lawsuit, a decision or verdict is rendered in favor of one party and against the other. If the plaintiff is the prevailing party, then the plaintiff will seek to enter a judgment against the defendant, at which point the plaintiff may begin to enforce the judgment (using the tools and methods described in many of our previous articles).  

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