New York Employment Attorney Blog

EEOC Releases 2009 Charge Statistics

Thu, 07 Jan 2010 16:52:33 -0500

On January 6, 2010, the Equal Employment Opportunity Commission ("EEOC") released data concerning charges of discrimination filed with the agency in FY2009. The EEOC resolved a record number of charges alleging harassment and violations of Title VII of the Civil Rights Act. FY2009 saw the second highest number of charge filings nationwide, 93,277 --just about 2,000 filings less than the record high set for FY2008.

U.S. Court of Appeals, Second Circuit Finds Loan Underwriters Entitled to Overtime Pay

Fri, 27 Nov 2009 22:51:12 -0500

In Whalen v. J.P. Morgan Chase, the United States Court of Appeals for the Second Circuit, held that a loan underwriter, whose job involved approving loans, in accordance with specific guidelines provided by his employer, was not exempt from the Fair Labor Standards Act ("FLSA"). The Second Circuit covers New York, Connecticut, and Vermont.

Congress Poised to Overturn Supreme Court's Recent Case on Age Discrimination

Wed, 04 Nov 2009 08:51:00 -0500

Congress is considering legislation overturning a recent Supreme Court decision holding that plaintiffs asserting claims of age discrimination under the Age Discrimination and Employment Act of 1967 ("ADEA") must prove that age was the "but for" cause of the challenged adverse employment action.

An Important Amendment to Take Effect Under New York Labor Law

Tue, 13 Oct 2009 22:09:17 -0500

An important amendment to Article 6 of the New York Labor Law is to become effective on October 26, 2009. The amendment affects New York Labor Law section 195, and requires New York employers to advise all new employees in writing of their regular rate of pay and pay day.

Student Interns Cannot Work for Free

Tue, 29 Sep 2009 18:52:08 -0500

Many students accept unpaid jobs with the belief that the work experience is the ultimate payoff. However, with the current economic recession, students cannot afford to work for free, and believe it or not, free student labor is against the law.

U.S. Court of Appeals for the 2nd Circuit Holds Employer Liable for Age Discrimination Based on its Contractor's Conduct

Sat, 12 Sep 2009 22:26:45 -0500

On September 10, 2009, the U.S. Court of Appeals for the Second Circuit, which covers New York, Connecticut and Vermont, held that an employer may be held liable for age discrimination based upon the acts of others, including its independent contractors. According to the court, an employer can be held liable for the acts of independent contractors if the independent contractor is acting on behalf of the employer.

New York Increases Damages Potential for Workers with Amendment to New York Labor Law

Fri, 11 Sep 2009 22:22:33 -0500

On August 26, 2009, the New York State legislature amended the damages provision of New York's "Payment of Wages" law, set forth in Article 6 of the Labor Law. Among other things, the amendment modifies the standard for recovering the 25% liquidated damages authorized by section 198 of the Labor Law.

New York City Council Considers Paid Sick Leave Bill

Tue, 08 Sep 2009 23:39:53 -0500

The New York City Council has proposed a law that would provide paid sick days to all private sector workers.

According to the Department of Justice Office of Domestic Social Development, as of February 2009, 76% of low wage workers and 48% of full-time private sector workers are not paid for sick days.

Congress Considers Legislation Banning Employment Discrimination on the Basis of Sexual Orientation

Sat, 29 Aug 2009 00:54:51 -0500

The Senate and House are considering legislation to ban employment discrimination on the basis of actual or perceived sexual orientation and gender identity. The Employment Non-Discrimination Act of 2009 is intended to amend Title VII, which currently prohibits discrimination on the basis of sex, race, national origin, religious discrimination. In addition, the bills would ban retaliation against an employee for complaining of sexual orientation discrimination.

New York State Human Rights Law Amended to Protect Domestic Violence Victims

Mon, 03 Aug 2009 00:22:59 -0500

Recently, Governor David Patterson signed legislation amending the New York State Human Rights Law to prohibit an employer from discriminating against an individual based on his or her status as a victim of domestic violence. This extension of the New York law fills a gap in federal law, which does not contain any such protection. In 2001, New York City amended the New York City Human Rights Law to prohibit similar discrimination. Now, New York employees outside of New York City will be entitled to the same protections.

New York Modifies Minimum Wage Rates Effective July 24, 2009

Thu, 23 Jul 2009 00:21:51 -0500

In our last blog, we reported that the federal minimum wage was set to increase on July 24, 2009, which would result in an increase from $6.55 to $7.25 per hour, thereby making the minimum wage rate under federal law higher than the minimum wage under New York law, which was $7.15. Under such circumstances, the New York minimum wage would be replaced by the higher rate under the federal Fair Labor Standards Act. Nevertheless, the New York State Department of Labor has acted by formerly increasing the wage rate under New York law to $7.25.

Federal Minimum Wage Increase to Take Effect on July 24, 2009

Tue, 21 Jul 2009 22:39:46 -0500

Based upon 2007 amendments to the Fair Labor Standards Act (FLSA), the federal minimum wage is set to increase from $6.55 to $7.25. This increase results in the federal minimum wage rate once again being higher than the minimum wage required under New York law. Currently, New York law requires that employers pay a minimum wage of no less than $7.15. Because the New York minimum wage was higher than that required under the FLSA, employers were required to comply with the New York State minimum wage.

New York Area Car Washes Agree to Pay Employees $3.4 Million for Wage Violations

Wed, 01 Jul 2009 10:29:24 -0500

Several New York City and area car washes, together with their corporate president, have agreed to pay 1,187 current and former employees a total of $3.4 million, reflecting back pay and liquidated damages in order to resolve a lawsuit filed by the U.S. Department of Labor under the Fair Labor Standards Act (FLSA). The lawsuit was filed in the United States District Court for the Southern District of New York.

U.S. Supreme Court Issues Ruling in "Reverse" Discrimination Case

Tue, 30 Jun 2009 15:16:04 -0500

In Ricci v. DeStefano, (No. 07-1428), a long awaited decision, the United States Supreme Court ruled that the City of New Haven violated Title VII of the Civil Rights Act of 1964 when it discarded the results of civil service examiinations in which African American and Latino firefighters seeking promotion to lieutenant and captain did not fare well. White firefighters had alleged that they had suffered race discrimination when the City discarded their favorable examination results.

FedEx Ground Investigated by 8 State Attorneys General on Independent Contractor Status of Drivers

Fri, 26 Jun 2009 13:42:19 -0500

The media reported yesterday that the attorneys general for eight states informed FedEx Ground that it had formed a group to examine the company's classification of its drivers as "independent contractors," as opposed to "employees." The decision by the attorneys general is significant because FedEx Ground is currently defending multiple class action lawsuits filed by drivers across the country concerning the alleged misclassification of drivers as independent contractors. In fact, Gangemi Law Firm, P.C. represents a class composed of drivers working for FedEx Ground in New York State.