Do you have rights if your work is freelance? In New York City, the definition of “employee” is very broad. It can include not only traditional full-time and part-time workers, but also interns and other types of workers. This means that many people who think they are freelancers may be employees under the law. According […]
The stagnant economy has forced many employers to take creative action when it comes to protecting their bottom line. Unfortunately, some have gone too far and are doing things that are unethical or downright illegal. One of the most common ways employers bend the rules is in employee misclassification. Some companies, in an effort to […]
Calderon v. Dynamic Corporate Holdings, Inc., et al., Case No. 2:14-cv-03093 On May 16, 2014, Lead Plaintiff Michael Calderon on behalf of himself and those similarly situated filed a class and collective action lawsuit in United States District Court – Eastern District of New York vs. his former employers, a chain of cellular telephone stores, […]
In 2013, it was held that an unpaid intern working in New York City did not have a right to sue for sexual harassment because she was not an “employee” under the City’s Human Rights Law. Since the classification of “employee” did not apply to unpaid interns, such interns also did not have standing to […]
On January 10, 2014, Governor Cuomo signed the New York State Commercial Goods Transportation Industry Fair Play Act (“CGTIFPA”). As a result, New York’s Labor Commissioner, Peter Rivera recently announced a new state law for determining whether a commercial truck driver is an employee or independent contractor, and provides penalties for employers who fail to […]
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