Blog Posts in July, 2018

Brooklyn Judge Confirms Right of Employees to File Class Actions for "Liquidated Damages" in Federal Court

In overtime and wage hour cases, New York law provides for the payment of “liquidated damages” to an employee. This is basically an award made in addition to an order to pay any back wages owed to the employee. Under a 2011 amendment to the New York Labor Law, liquidated damages is equal to 100% of unpaid wages. For example, if your employer cheated you out of $2,000 in overtime pay over a period ...

Dealing with Quid Pro Quo Harassment in New York

In its most basic form, sexual harassment occurs when an employer proposes a quid pro quo–that is, requests sexual “favors” from an employee or job applicant in exchange for employment-related consideration. This is illegal, period. No employer may ever condition hiring, firing, compensation, or promotion decisions on the basis of a person's willingness to engage in sexual relations. If you are ...

New York Attorney General Takes on "No-Poach" Restrictions in Fast Food Worker Contracts

Fast food and other restaurant employees often deal with poor working conditions and low pay. On top of that, many of the country's top fast food chains have maintained “no-poach” agreements that limit workers' ability to seek better-paying jobs. In response to a recent investigation by New York Attorney General Barbara D. Underwood and 10 other states’ attorneys general, at least seven major ...

Am I Bound by an Employment Arbitration Agreement I Never Received?

Arbitration agreements are popular with many New York employers who see it as a more effective way of resolving employment-related disputes. From an employee's perspective, however, arbitration agreements frequently restrict their right to pursue actions for employment discrimination and other violations of federal and state laws designed to protect their rights in the workplace. If your employer ...

Should I Keep Work-Related Emails to Prove My Discrimination Claim?

Before pursuing a claim for sex or pregnancy discrimination , you need to be careful to maintain any records related to your employment, including the discriminatory acts that led to your illegal termination. Having this paper trail will make it easier for you to prove your case in court as well as preempt any attempts by the employer to try and portray your leaving the company as a “voluntary” ...

Am I Legally "Disabled" if I Have a Heart Attack?

There is some confusion about what constitutes disability discrimination in New York. Simply having a serious medical condition does not make you disabled for purposes of the Americans with Disabilities Act (ADA). Rather, the ADA requires proof that your condition “substantially limits one or more major life activities.” For example, having a heart attack does not automatically qualify you as ...

The Danger of Arbitration Agreements in Overtime and Wage Hour Cases

The U.S. Supreme Court's recent decision in Epic Systems Corp. v. Lewis reaffirmed the ability of employers to compel employees to sign away their right to sue in favor of binding arbitration. More specifically, the Court said that agreements to arbitrate employment disputes individually rather than on a class or collective basis are enforceable under the Federal Arbitration Act. This includes ...

The Continuing Struggle to Classify "Gig Economy" Workers in New York

One of the biggest ongoing debates in employment law is how to properly classify workers as “employees” or “independent contractors” in the digital economy. The media throws around the term “gig economy” to describe workers who provide services through online platforms. This provides little guidance for judges and state officials who need to decide which of these workers is entitled to important ...

Court of Appeals Limits Union Employees' Rights in Section 75 Cases

Section 75 of the New York Civil Service Law is designed to give public employees the right to challenge potential disciplinary actions against them. What if the employee is represented by a union? According to a recent (and unsettling) decision from the New York Court of Appeals , an individual employee's rights may be subsumed by the union's collective bargaining agreement. Ex-Sheriff's Employee ...

What Happens When a New York Employer Simply Ignores Minimum Wage and Overtime Laws?

New York employers are often defiant when it comes to addressing overtime and wage hour violations . Oftentimes they will throw every legal–and not-so-legal–roadblock in the path of an employee who is simply trying to collect the wages he or she is owed. This is why it is critical for employees to be persistent in the face of abusive employers and never hesitate to take legal action when ...

EEOC Issues New Report on Age Discrimination in the U.S.

Although employment figures have been strong over the past few months, a rising tide does not necessarily lift all boats. Older workers, in particular, continue to face an uphill struggle when it comes to finding work or simply retaining their current jobs. Although the federal government banned age discrimination 50 years ago, it remains a serious problem in New York and throughout the country. ...

Upstate Clinic Fined $60,000 for Failing to Stop Sexual Harassment

Every New York employer needs to take allegations of sexual harassment seriously. It is not enough to simply have a boilerplate policy that parrots the requirements of federal and state law. An employer must properly train its managers to handle sexual harassment complaints and take appropriate remedial action. Ultimately, if a manager fails to act or indicates that they support the harassing ...

Does My Employer Have to Give Me an Accurate Pay Stub?

One way that New York State law protects you from potential overtime and wage hour violations is by requiring your employer to provide you with a wage statement, i.e., a pay stub. A wage statement must include basic information about the hours you worked during a given pay period, your regular and overtime pay rates, your gross wages, any deductions required by law, and your net wages. This wage ...