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New York City Law Blog

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).  

Syracuse, New York, restaurants violated wage-and-hour laws

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At our firm, we represent employees in federal, New York, New Jersey and local wage-and-hour laws. A recent federal investigation of Syracuse restaurants found violations of the Fair Labor Standards Act, commonly referred to as the FLSA. This case illustrates several common wage-and-hour issues that come up in employment relationships.

Female TV anchors sue NY1, claiming age and sex discrimination

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Multiple on-air personalities at one of New York's most famous local TV stations are taking part in discrimination lawsuits against the company, arguing that management did not offer them certain opportunities because of their age and sex.

According to a report from the New York Post, five female anchors at NY1 - all over the age of 40 - filed a lawsuit in June. The lawsuit alleges that station management passed the anchors over for job opportunities in favor of other candidates, often younger women or less experienced men. This behavior, the anchors argue, amounts to sex and age discrimination. The women claim that this discriminatory behavior began when NY1's parent company, Charter Communications, merged with its founding parent company, Time Warner Cable, in 2016.

NY work discrimination protections for domestic abuse victims

AdobeStock_50219322.jpgOn Aug. 20, Gov. Cuomo signed a bill strengthening New York law prohibiting unlawful employment discrimination against victims of domestic violence. The legislation amends the New York Human Rights Law, which first placed domestic violence victims into a protected class against workplace discrimination in 2009.

The bill's new provisions will take effect on Nov. 18.

Enforcing Judgments Via Restraining Notices

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One of the most powerful tools in a judgment creditor's arsenal is the restraining notice. A restraining notice requires the party served to freeze any assets in its possession that belong or are owed to the debtor, and can be extremely effective when served to the debtor's banks or other financial institutions, as well as the debtor's clients, customers, and anyone else who has money belonging to the debtor. 

Workplace harassment victims get more protection in New York

350 AdobeStock_50219322.jpgLaws against workplace harassment in the state of New York are changing, making it easier for victims to take legal action.

In August, New York Gov. Andrew Cuomo signed new workplace harassment protections into law, including updated language described as "sweeping" in a report by the Times Union newspaper.

So what does the new law actually do?

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