Blog Posts in October, 2018

How can I Prove I was Underpaid If My Employer Failed to Keep Records?

If you plan to pursue a legal claim against your current or former employer for an overtime and wage hour violation , it is critical to get your facts straight. Many employers do not keep complete records of how much they pay their workers, despite the fact that they are required to by law. This means it often falls to the worker alleging an overtime and wage hour violation to prove how much he or ...

Can I File an Age Discrimination Lawsuit in New York if I do Not Live or Work Here?

New York State and New York City both provide legal protections for workers that meet–and often exceed–the provisions of federal civil rights law. In order to take advantage of state and city laws, you must demonstrate that the New York courts have “subject matter jurisdiction” over your claim. Among other things, this typically means you need to establish that you actually live or work in New ...

Avon Faces Pregnancy Discrimination Lawsuit

Even under the best of conditions, it is a challenge for pregnant women to succeed in the workplace. Many employers remain wedded to outdated notions of what pregnant workers can and can not do. Fortunately, federal law–specifically, the Pregnancy Discrimination Act (PDA)–protects women from disparate treatment on the basis of their pregnancy. Not only does the PDA forbid an employer from firing ...

Can Men Sue for Sex Discrimination?

In the wake of the #MeToo movement, many women have taken steps to confront and address sexual harassment in the workplace. This has led to some concerns about men facing false or unsubstantiated allegations that may negatively affect their careers. In some cases, some employees have gone to court in an effort to clear their names and fight back against what they perceive as illegal gender ...

Second Circuit Revisits Issue of "Double Recovery" in Minimum Wage and Overtime Cases

Overtime and wage hour violations are governed by both federal and state law. This has led to some confusion as to the types of damages an employee can seek against an employer. This past April we discussed a decision by the U.S. Second Circuit Court of Appeals here in New York, Rana v. Islam , which held that an employee could not receive liquidated damages–compensation on top of any back pay ...

When can a Court Overturn an Arbitration Award in a Discrimination Case?

Many New York employees are subject to arbitration agreements. This means that if they are victims of employment discrimination or any other illegal act arising from their employment, their claim will be heard by an arbitrator instead of a judge. Although arbitration is often criticized as unfairly weighted in favor of employers, federal law nevertheless strongly supports arbitration. Under the ...