Under the Fair Labor Standards Act (“FLSA”), a federal law, certain employees are entitled to earn overtime wages, paid at 1.5 times their hourly pay rate. The determination of who is entitled to overtime is based on a number of factors, including job responsibility and income. When a dispute arises under the FLSA, there are […]
On July 9, 2013, the US Court of Appeals for the Second Circuit affirmed an SDNY decision approving individual “employer” liability on supermarket owner of Gristedes Supermarkets, John Catsimatidis for wages under the Fair Labor Standards Act (“FLSA”) class action lawsuit. Irizarry v. Catsimatidis, 2013 WL 3388443 (2d Cir. 2013); Torres et al. v. Gristedes […]
James Griffin commenced his lawsuit against the City of New York for retaliation after he reported a cover up to Internal Affairs. In retaliation, his fellow and superior officers made his life a living hell. Mr. Griffin paid the price for violating the “blue wall of silence.” In what can be characterized as nothing short […]
Many times in the workplace, there is a fine line for conduct that is unfair versus conduct that is unlawful. Creating a hostile work environment is prohibited under a number of Federal discrimination laws such as Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967 and Americans Disabilities […]
The Defense of Marriage Act (“DOMA”) is the federal law that defined marriage as being solely between a man and woman. On June 26, 2013, the U.S. Supreme Court decided the fate of DOMA in United States v. Windsor. In that case, the Supreme Court held that the provision of DOMA prohibiting the federal government […]
Wage and Hour laws exist to ensure that employees receive a fair day’s wage for a fair day’s work and set standards for how employees should be properly paid so that they are neither overworked nor underpaid. Prior to January 1, 2014, the minimum wage in New York was $7.25 per hour, which is the […]
As we know, an employer may not discriminate against an employee for their disability, race, national origin, age or religion in any state under the federal laws. Specifically, in New York City, there are even more statutes that offer additional protection to New York City employees, such as offering protection for unemployment discrimination or offering […]
Until recently, lawsuits based upon obesity and weight discrimination had been largely unsuccessful despite the fact that there are many statistics that indicate obese individuals are vulnerable to discrimination based upon their weight as often as individuals are discriminated against based upon their race. Examples of weight discrimination in the workplace include obese employees facing […]
Plaintiff Scott Matusick, was employed by the Erie County Water Authority as a dispatcher. Plaintiff, who is white claimed he was assaulted, harassed, and ultimately terminated from his employment because of his romantic relationship with African-American woman, Anita Starks, who he was engaged to. Scott alleged that when his co-workers and supervisor became aware he […]
On October 2, 2013, New York City Mayor Bloomberg signed into law the New York City Pregnant Workers Fairness Act, Local Law 78 of 2013 (the “Pregnant Workers Fairness Act,” “Local Law 78,” or the “NYCPWFA”). On September 24, 2013, the New York City Council had approved the Pregnant Workers Fairness Act by a unanimous […]
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