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General Employment Law Page 28

Whistleblower

New Amendments to Whistleblower Law Proposed in New York State Senate In New York State, New York Labor Law (“NYLL”) § 740 protects whistleblowing employees from retaliation for engaging in protected activity. Specifically, NYLL § 740 has a one-year statute of limitations and considers protected activity to be when an employee reports, or threatens to […]

New York Proposes Changes to Paid Time Off Rules Paid time off (PTO) is a term used to describe time employees are entitled to pay when they are away from work. PTO is sometimes categorized more specifically as sick time or vacation time or by other similar terms, but this is becoming increasingly less popular. […]

OSHA Rule Appealed On January 25, the Trump administration officially repealed sections of an Occupational Health and Safety Administration (“OSHA”) rule enacted by the Obama administration regarding the tracking of workplace injuries and illnesses. The Obama rule, which was enacted in 2016, required most employers to electronically submit detailed injury and illness reports to OSHA […]

Were you Wrongfully Terminated? Job termination is a fact of life. Employees are let go all the time and in many cases, the reasons for termination are justified. A company might cut back and implement layoffs or a specific employee might fail to meet his or her obligations regarding the job. In some cases, it’s […]

The New NYC Lactation Room Laws

NYC New Lactation Law Room Law Will be in Effect on March 18, 2019 In late 2018, New York City passed two new laws requiring employers with 15 or more employees to: 1) provide a lactation room for breastfeeding employees; and 2) establish an accommodation request process and policies for nursing employees. These new laws […]

Brininger v. Fred A. Cook, Jr., Inc., and Brian F. Cook, individually, Civil Case No.: 18-cv-4579(CS) On May 23, 2018, Lead Plaintiff Mr. Brininger, on behalf of himself and those similarly situated, filed a collective action lawsuit against Fred A. Cook, Jr., Inc., and Brian F. Cook, individually, (collectively as “Defendants”), alleging debilitating violations of […]

New Jersey Minimum Wage Will Increase to $15.00 per hour for most employees by 2024 On February 4, 2019, New Jersey Governor Phil Murphy signed into law a bill passed by the New Jersey Legislature that will raise the New Jersey minimum wage to $15.00 per hour for most employees by 2024. Workers in most […]

New Collective Action filed in the Southern District of New YorkTorres and Tavarez v. Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individuallyCivil Case No.: 18-cv-8997 On October 1, 2018, Torres and Tavarez, (together, where appropriate, as “Plaintiffs”), on behalf of themselves, individually, and on behalf of all others […]

Gender Expression is Protected On January 15, 2019, the New York State legislature passed the Gender Expression Nondiscrimination Act (“GENDA”) which adds “gender identity and expression” to the protected categories of the New York State Human Rights Law (“NYSHRL”). Currently, the NYSHRL prohibits discrimination based on sex and sexual orientation but courts have not interpreted […]

Challenge to Working Without Pay During Government Shutdown by Federal Workers Begins In the midst of the longest federal government shutdown in American history, approximately 800,000 federal employees have been negatively impacted. Many of these workers have been deemed “non-essential” and have been furloughed (sent home without pay) until the government reopens. However, those employees […]

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