A former United Parcel Service (UPS) employee who signed a separation agreement that did not reference the Age Discrimination in Employment Act (ADEA) could still bring an ADEA claim, the U.S. District Court for the Northern District of New York ruled, in a decision issued in January 2019. The employee was over 40 years old […]
Effective Jan. 23, 2019, the U.S. Department of Labor (DOL) increased the civil monetary penalties for violating federal minimum wage, overtime, posting and safety requirements. The higher penalty amounts apply to penalties assessed after that date for Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Occupational Safety and Health Act (OSH
UNITED STATES DEPARTMENT OF LABOR CIVIL MONETARY PENALTIES INCREASED Read More »
A new New York City law, set to go into effect in October, 2017, will bar employers within the five boroughs from asking job candidates about their salary history. The law is meant to address the issue of pay inequality between men and women, as well as wage discrimination against minorities. In 2015, women earned
NEW YORK CITY’S NEW PAYCHECK FAIRNESS ACT Read More »
A new law which establishes and enhances protections for freelance workers went into effect in New York City on May 15, 2017. This law gives freelance workers the right to (a) a written contract, (b) timely and full payment, and (c) protection from retaliation. The law establishes penalties for violations of these rights, including statutory damages, double damages,
NEW YORK CITY’S NEW “FREELANCE ISN’T FREE” ACT Read More »
A federal district court in Texas has issued a preliminary injunction regarding the United States Department of Labor’s (USDOL’s) new federal overtime rule. The new rule, which is set to double the Fair Labor Standards Act’s (FLSA’s) salary threshold for employees deemed exempt from overtime pursuant to the executive, administrative, and professional exemptions, was set to go
FEDERAL COURT PUTS A BRAKE ON NEW OVERTIME RULES Read More »
New York City’s Fair Chance Act went into effect on October 27, 2015. It is now illegal for most NYC employers to deny employment based on an applicant’s criminal record. This law bans ads specifying things like “no felonies” or “background check required”, and further prohibits questions about criminal history on job applications and during
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As of December 31, 2015, New York State’s minimum wage is now $9.00 per hour. The minimum wage for “tipped” employees in the hospitality industry is $7.50 as of December 31, 2015. The minimum wage for tipped employees in all other industries, except the building service industry, is $7.65 per hour when tips total at
NEW YORK STATE’S MINIMUM WAGE INCREASES Read More »
Under New York State law, a for-profit business is exempt from obtaining and maintaining a workers’ compensation insurance policy if one of the following applies: The business is owned by one individual with no employees, no leased employees, no borrowed employees, no part-time employees, no unpaid volunteers (including family members) and no subcontractors, and is
I HAVE NO EMPLOYEES – DO I NEED WORKERS’ COMPENSATION AND DISABILITY BENEFITS INSURANCE? Read More »
The Equal Employment Opportunity Commission (EEOC) marked its 50th anniversary in 2015. In August, the EEOC published “American Experiences Versus American Expectations,” a report documenting changes in employee demographics since 1965 and using data through 2013. The full report, available on the EEOC’s website, details a number of changes over nine job categories for women, African
Equal Employment Opportunity Commission (EEOC) investigations typically end when the EEOC issues a notice of dismissal and right-to-sue letter granting the charging party ninety (90) days to file a lawsuit under one or more of the federal statutes the agency enforces – Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act
EEOC ‘CAUSE’ FINDING MAY BE HARMFUL BUT DOESN’T MEAN AN AUTOMATIC LOSS Read More »