New Action filed in the Eastern District of New York Cwikla v. Safeway Construction Enterprises, LLC, and SCSC Enterprises Inc., and Steve Cestaro, individually, Civil Case No.: 20-cv-1976 On April 30, 2020, Plaintiff Cwikla filed a lawsuit in the United States District Court Eastern District of New York against SAFEWAY CONSTRUCTION ENTERPRISES, LLC, and SCSC […]
Getting Fired because of Politics It is an election year, and primary season is upon us in New York. People across the state are becoming increasingly active in campaigning for the candidates that share their political beliefs, and are eager to engage with their friends, family, neighbors, and co-workers to promote candidates and platforms that […]
Is COVID19 Considered a Disability The short answer is: no, COVID-19 is not a disability under the law, but the nuts and bolts of the inquiry are often far more complex. Indeed, this has also been the case with past influenza pandemics. Generally, for a medical condition to be considered a legal disability, it cannot […]
EEOC Response to the COVID-19 Pandemic The Equal Employment Opportunity Commission (EEOC) recently unveiled new guidelines regarding federal anti-discrimination laws related to the COVID-19 pandemic. The guidelines address questions the organization has received about issues with the Americans with Disabilities Act (ADA), the Genetic Information Non-discrimination Act (GINA), and Title VII and how COVID-19 affects […]
Returning to Work as Businesses Reopen in New York As New York State begins to permit many non-essential businesses to reopen after months shut down to flatten the COVID-19 pandemic’s curve, many employees may fear returning to work amidst the on-going pandemic. However, there are certain precautions an employer can take to attempt to ensure […]
New Action filed in the Southern District of New York Huggins v. Chestnut Holdings of New York, Inc.; 1425 U LLC; and Jonathan Wiener Civil Action No.: 18-cv-1037 On February 6, 2018, Plaintiff Huggins filed a civil lawsuit in the United States District Court Southern District of New York against CHESTNUT HOLDINGS OF NEW YORK INC.; […]
Motor Carrier Exemption Expands Overtime Protections Under New York Law In April 2020, the Second Circuit Court of Appeals delivered a small but important victory for employees in New York that are otherwise exempt from overtime under the Fair Labor Standards Act’s (“FLSA”) Motor Carrier Exemption. Ordinarily, employees are exempt from overtime under the FLSA’s […]
New Action filed in the Eastern District of New York Delyons v. KA Investigations-Security, LLC and Kelvin Alexander, individually, Civil Case No.: 20-cv-01763 On April 10, 2020, Plaintiff Delyons filed a lawsuit in the United States District Court Eastern District of New York against KA INVESTIGATIONS-SECURITY, LLC, and KELVIN ALEXANDER, individually, (collectively, where appropriate, as “Defendants”), […]
New York’s Comprehensive Sick and Family Leave Benefits during the COVID-19 Pandemic New York State is known to have the strongest employee health and family leave policies in the country. Since 2016 when Governor Cuomo signed the state’s comprehensive Paid Family Leave policy into place, workers have enjoyed protection from having to choose between their […]
COVID-19 is changing employment law Over the last two months, the COVID-19 pandemic has tremendously impacted life as we know it. In particular, the pandemic has caused economic uncertainty and has forced state governments to issue stay-at-home orders, forcing businesses to furlough and/or lay off millions of employees. However, employees that have been laid off […]
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