What is “Constructive Termination” Employees suffering from illegal discrimination and/or retaliation at work are often fired from their job as the culmination of a series of adverse actions taken against them. However, what if there is such a strong hostile work environment rife with discrimination and retaliation that causes an employee to want to quit […]
The short answer in New York is: maybe. To retaliate literally means to respond or reply. Thus, many actions against employees are a response to action(s) that an employee has taken. It is not illegal to take an adverse action against an employee in response to something that employee may have done that the employer […]
New Class and Collective Action filed in the Southern District of New YorkGray v. Mid-Bronx CCRP Early Childhood Center Inc., and Mid-Bronx Community Council, Inc., d/b/a Mid-Bronx Council, and Mid-Bronx Senior Citizens Council, and Concourse Area Housing Corp., and Walter E. Puryear, III, individually Civil Case No.: 1:18-cv-07934 On August 30, 2018, lead Plaintiff Ms. […]
New York State Minimum Wages Increase on December 31, 2018 As the holidays approach, it is easy to lose track of time, and before we know it, we are several months into 2019. However, please remember that the minimum wage is set to increase on December 31, 2018 for New York City and New York […]
Employee misclassification is one of the most common problems in the workplace. In some cases, misclassification is a mistake and an employer just doesn’t understand the different classifications or their responsibilities concerning each type. But in other cases, employers intentionally misclassify employees to avoid providing benefits. If you’ve been misclassified and your employer insists you’re […]
On November 6, 2018, the U.S. Supreme Court issued a unanimous decision in Mount Lemmon Fire District v. Guido, holding that the Age Discrimination in Employment Act of 1967 (“ADEA”) applies to state and federal government employers regardless of their size. In Mount Lemmon, a small Arizona municipal fire department terminated its two oldest employees, […]
New Class and Collective Action filed in the Eastern District of New York Angerosa v. Moving Right Along Service, Inc. and Jim Rueda, individually Case No.: 18-cv-04810 On August 23, 2018, Plaintiff Angerosa, on behalf of himself, individually, and, on behalf of all others similarly-situated, filed a class and collective action lawsuit against MOVING RIGHT ALONG […]
Undocumented workers have traditionally tried to stay “under the radar” to avoid problems, but what happens when someone experiences an injury on the job and needs compensation? If a person has been working for a company and suffers an injury that requires medical attention, is he or she on the hook for the cost of […]
New Civil Action filed in the Eastern District of New York Bailey v. Edison Liquidating, LLC d/b/a Edison Home Health Care Civil Case No.: 18-cv-04401 On August 3, 2018, Ms. Bailey (“Plaintiff”), by and through her attorneys, Borrelli & Associates, P.L.L.C., filed a Complaint against EDISON LIQUIDATING LLC d/b/a EDISON HOME HEALTH CARE (“Edison” or “Defendant”), […]
Defining “sex” for purposes of Title IX of the Educational Amendments Act of 1972 as meaning a “person’s status as male or female based on immutable biological traits identifiable by or before birth” Earlier this week, the Trump administration announced that it was considering defining “sex” for purposes of Title IX of the Educational Amendments […]
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