Category Archives: General
Facing Workplace Issues? NYC Employment Attorney Help
The hustle and bustle of New York City can be exhilarating, but it can also lead to complex workplace situations. Whether you’re dealing with unfair treatment, unclear policies, or potential legal violations, navigating these challenges alone can be overwhelming. That’s where NYC Employment Attorney Employment Lawyer NYC, NYC Employment Lawyer steps in. Our team… Read More »
Protecting Your Rights: With Employment Lawyer NYC
The Big Apple is a land of opportunity, but navigating the complexities of employment in New York City can be daunting. Whether you’re facing discrimination, wrongful termination, unpaid wages, or another workplace issue, knowing your rights and having strong legal representation are crucial. This is where Employment Lawyer NYC (Employment Attorney NYC, NYC Employment… Read More »
FTC’s Bans Non-Competes Nationwide – What does it mean for New York employees?
****UPDATE September 6, 2024**** On August 20, 2024, in Ryan LLC v. Federal Trade Commission, the Northern District of Texas found that the FTC’s non-compete rule (discussed below) was unlawful. The Texas court found that the FTC exceeded its authority by creating the rule and that the rule was an arbitrary and capricious “categorical ban.”… Read More »
NYC LGBTQ Discrimination Lawyer
LGBTQ Discrimination in New York City Our New York City LGBTQ discrimination lawyers represent employees all over NYC in sexual orientation discrimination cases and lawsuits. We have successfully represented individuals related to LGBTQ discrimination, retaliation, and violations of Title VII rights. Our NYC employment lawyers are up to date on the evolving laws in… Read More »
How will the Supreme Court’s opinion in Genesis impact FLSA collective actions?
Take Aways: 1. The United States Supreme Court’s Genesis holding offered nothing to resolve the circuit split and dodged the central issue: Whether an unaccepted offer of judgment that fully satisfies a plaintiff’s FLSA claim moots the claim. 2. Going forward, the Court’s holding in Genesis is meaningless because it is premised on the… Read More »
Who is a “key employee” under the Family Medical Leave Act (FMLA)?
Who is a “Key Employee” under the FMLA? Limits on certain employees’ rights to restoration after taking FMLA leave. The FMLA provides that an eligible employee is entitled to take medical leave for various reasons, such as a serious health condition, which makes an employee unable to perform the basic duties of his or… Read More »
Cat’s Paw Theory: Can a Company be held liable if the discriminating supervisor and the individual(s) who made the decision to terminate are different?
Traditional discrimination or retaliation claims involves the employer taking the discriminatory or retaliatory action. Often times companies will try to create an independent process for terminating an employee to avoid liability. For example: an employee receives several disciplinary write-ups. After a certain amount of write-ups, Human Resources becomes involved. At large companies, the HR… Read More »
Is there protection under the law for discrimination/retaliation based on Sexual Orientation (Gay, Lesbian, Bi-Sexual, Transgender)?
As a plaintiff’s side employment lawyer (employee side) I have an unmatched sense of fulfillment when I am able to provide advice or assistance to an individual or group of individuals that are standing up to their employer for what they know is right and for what the law says is wrong. Conversely, I… Read More »
Do you make too much money to be entitled to Overtime under the FLSA? Information on the Highly Compensated Workers Exemption.
The Fair Labor Standards Act (FLSA) affects most private and public employment and relates to, among other things, overtime pay and minimum wages. The FLSA requires employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. Covered employees must… Read More »
What Medical Exams and Inquiries can an Employer make of an Employee under the ADA?
Title I of the Americans with Disabilities Act (the “ADA”) restricts an employer’s ability to make disability-related inquiries or require medical examinations. The laws and rules depend on the stage of the relationship: pre-offer, post-offer but pre-employment, and during employment. This post relates to medical inquiries and examinations of an employee during employment. Certainly,… Read More »