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Category Archives: Employment Representation
Overtime Pay: Eligibility, Calculation, and Common Violations in New York
The Fair Labor Standards Act (FLSA) governs overtime pay for nonexempt employees in New York. If you believe your employer owes you overtime pay, working with an employment lawyer can help you understand and exercise your rights.
Are you an Employee or Independent Contractor? DOL Final Rule returns to Economic Reality Test
With the growth of gig work following the COVID-19 pandemic, a worker may question whether they are being misclassified as an independent contractor. Most worker protections under federal and state law only apply to workers who are considered employees, as opposed to independent contractors. This month, the U.S. Department of Labor issued a final rule,…
Freelancer in New York State? Your Right to a Written Contract and Timely Payment
On November 22, 2023, New York Governor Kathy Hochul signed into law the Freelance Isn’t Free Act (FIFA), a series of labor protections for New York State freelance workers that will take effect on May 20, 2024. Modeled after the successful New York City Freelance Isn’t Free law passed in 2016, FIFA aims to protect…
Age Discrimination Laws in New York: What You Need to Know
Federal and state laws prohibit employers from discriminating against employees because of age. A skilled attorney can help you understand your legal rights.
New York Passes Three New Laws in Support of Workers’ Rights
On September 14, 2023, Governor Kathy Hochul signed three pieces of legislation into law, furthering strengthening workers’ rights in New York State. Two of the newly enacted laws require employees to be notified of their eligibility for certain benefits in the event that they are unemployed and one law protects the personal account information of…
New York State Bans Mandatory Anti-Union Meetings
A new law in New York State bars employers from terminating employees that refuse to attend captive audience meetings. The law was signed by Governor Kathy Hochul on September 6, 2023, and took immediate effect. Captive audience meetings are mandatory meetings conducted by employers, for the purpose of discouraging their employees from forming or joining…
New York City Outlaws Height and Weight Discrimination
New York City has outlawed discrimination based on height and weight in employment, housing, and public accommodations. Effective on November 22, 2023, the new law amends the New York City Human Rights Law to protect people who experienced height and weight discrimination similar to how the law would protect someone who experienced other kinds of…
New York City Sets New Minimum Wage for App Delivery Drivers
Starting on July 12, 2023, all app-based delivery drivers in New York City will be guaranteed a minimum wage of $17.96 an hour before tips. In 2025, the minimum wage will rise to $19.96 an hour before tips, with adjustment for inflation. While the minimum wage law for app delivery drivers was passed by the…
Taking FMLA Leave? Here’s How Holidays Might Affect Your Time Off
On May 30, 2023, the United States Department of Labor (DOL) released an opinion letter clarifying how holidays factor into calculations of family medical leave. The Family and Medical Leave Act (FMLA) protects the right of eligible employees to take unpaid, job-protected time off for up to 12 workweeks in a 12-month period. Employees can…