Seasonal employment is a common practice across various industries. Many businesses hire temporary workers to meet increased demand during specific times of the year. When the season ends, employment stops, and questions arise regarding whether seasonal employees are eligible to collect unemployment benefits. Laws regarding unemployment vary from state to state. Are New York seasonal […]
The landscape of employment has evolved significantly in recent years, with many individuals opting for freelance or independent contractor positions over traditional full-time employment. However, one question that often arises in this context is whether 1099 employees, also known as independent contractors, can collect unemployment benefits in states like New York. What is a 1099 […]
One of the most common questions attorneys encounter from clients in New York is whether the state follows the doctrine of at-will employment. What does at-will employment entail and how does it impact employees and their legal rights in the workplace? Here’s what you need to know if you’re an employee in New York. Is […]
As legal experts specializing in employment law, one of the most common questions our law firm hears is whether individuals can sue their employers in New York State. The answer to this question is nuanced and depends on various factors. What do you need to know? Can You Sue Your Employer in New York State? […]
In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the New York State Court of Appeals answered the critical question of what a defendant must prove to establish affirmative defenses to pay-discrimination claims under the Equal Pay Act, 29 U.S.C. § 206(d), (“EPA”) and New York Labor Law § 194(1). […]
Firm represented a female employee against her former employer for violations of (i) the overtime provisions of the New York Labor Law (“NYLL”), NYLL § 160; N.Y. Comp. Codes R. & Regs. (“NYCRR”) tit. 12, § 142-2 2; (ii) the minimum wage provisions of the NYLL, NYLL § 652; 12 NYCRR § 142-2.1; (iii) the […]
New Action filed in the United States District Court Eastern District of New York On August 30, 2023, Plaintiff Thomas, on behalf of himself, individually, and on behalf of all others similarly-situated, (collectively as “FSLA Plaintiffs,” as that term is defined below), by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his […]
On February 22nd, 2023, the United States Supreme Court considered whether a supervisor earning at least $100,000 annually is eligible for retroactive overtime pay under the Fair Labor Standards Act (“FLSA”). Ultimately, the Court held that an oil rig supervisor, making over $200,000 annually, is considered to be a “non-exempt” individual under the FLSA as […]
Firm represented a female employee against her former employer for race discrimination and retaliation for complaining about race discrimination, collectively in violation of the anti-race discrimination and anti-retaliation provisions of Section 1981 of Title 42 of the Unites States Code and Title VII of the Civil Rights Act of 1964, as amended. After first filing […]
As the workforce landscape continues to evolve, the rights and benefits of part-time employees have become an essential topic of discussion. One crucial aspect is sick leave. This is a benefit that ensures employees can take time off when they are unwell without sacrificing income. Do part-time employees in New York City get sick days […]
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