It occurs far too often in the United States that an employer, aware of an employee’s immigration status, seeks to take advantage of that status by requiring the worker to work hours exceeding forty while keeping their pay to one low rate to avoid exceeding their own salary budget. The power dynamic of an employer-employee […]
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By now, the legalization of recreational marijuana/cannabis in New York has become front page news. What has not become front page news is the ramifications of this decision on employment. Common questions by many include: “Can my job drug test for marijuana?,” “Can I be denied employment simply because of my recreational use of marijuana:?” […]
Judge grants Conditional Certification of Collective Action in the Southern District of New York Duran v. R&L Interior Renovations and Construction, Corp., and Luis Fermin, individually; Case No.: 20-cv-9344-AJN As previously reported on this website, in Duran v. R&L Interior Renovations and Construction, Corp., and Luis Fermin, individually; Case Number:20-cv-9344, on November 6, 2020, Lead […]
Many workplaces have banned drinking alcohol while on the job. An employee can be disciplined if an employer determines they are under the influence during work hours. What does this mean for people with alcohol use disorder (AUD)? According to the Americans with Disabilities Act, AUD, more often called alcoholism, is a disability. This means […]
CBD, which is short for cannabidiol, is derived from the hemp plant and is an essential component in medical marijuana or lab-created. It’s one of main components in marijuana and does not cause a “high” when used alone. There is also no risk of abuse or addiction to CBD. Despite being relatively risk-free, government entities […]
New Action filed in the Southern District of New York Richards v. Empire Scaffolding Systems, Inc., and Demari Installations Corp., and Antonios Mamounas, individually, Civil Case No.:21-cv-6638 On August 5, 2021, Plaintiff Richards filed a lawsuit in the Southern District of New York against EMPIRE SCAFFOLDING SYSTEMS, INC. (“Empire Scaffolding”), and DEMARI INSTALATIONS CORP. (“Demari”), […]
The majority of people working in New York are eligible for Paid Family Leave. Formerly, this was called Maternity Leave but now it’s offered to both mothers and fathers. New York has the country’s strongest family leave policy. It ensures working families never need to worry about jeopardizing their jobs as a result of having […]
Jury duty is a civic duty required of many people at some point during their adult lives. Serving on jury duty requires you to take time away from work to perform your duties. But employers cannot terminate employees for time away spent serving on a jury. There is no federal law requiring employers to pay […]
On July 29, 2021, the United States Department of Labor (“DOL”) announced that it will rescind, “The Joint Employer Final Rule” which defined “joint employer” under the Fair Labor Standards Act (FLSA). The DOL formally published the “Rescission Final Rule” on July 30, 2021, and it becomes effective on September 28, 2021. Prior Status of […]
New Action filed in the Eastern District of New York Choukroun v. Island Exterior Fabricators LLC, Civil Case No.:21-cv-4280 On July 30, 2021, Plaintiff Choukroun filed a lawsuit in the Eastern District of New York against ISLAND EXTERIOR FABRICATORS LLC (“Defendant”), alleging upon knowledge as to himself and his own actions and upon information and […]