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The FBI allegedly engaged in gender bias and sexism by unjustly dismissing the female trainees from the agency program based on suitability criteria that favored male candidates. Paula Bird and other female trainees successfully passed rigorous tests in academic knowledge, physical fitness, and firearms skills. According to those impacted, instructors viewed female trainees as weak and less capable, leading to lower performance ratings and more frequent and unwarranted disciplinary actions compared to male trainees, ultimately contributing to a hostile training environment.  The FBI placed many of the impacted women under Suitability Review and sent them before disciplinary boards, often leading to their discharge from basic training and stunting their progression within the agency. Moreover, the U.S. Department of Justices Office of the Inspector General launched an investigation that corroborated the womens claims of gender bias. A report, issued in December 2022, confirmed that women were dismissed from the training program at rates significantly higher than their male peers. According to the report, although women represented 25% of new agent trainees, they accounted for 46% of dismissals between 2015 and 2020. In June 2022, Bird and her fellow female trainees filed a complaint, alleging discrimination in violation of Title VII of the Civil Rights Act of 1964. Culminating into a $22.6 million settlement on September 30, this case not only provides financial restitution for the affected women, but also includes hiring two outside experts to look at how the FBI evaluates and disciplines trainees during Basic Training. These experts will identify any potential gender bias and propose methods to enhance the fairness and objectivity of the evaluation process for trainees. Additionally, the settlement agreement also gives affected individuals the opportunity to return to Basic Training. Gender Discrimination in the Workplace Title VII of the Civil Rights Act of 1964 prohibits gender discrimination. This federal law makes it illegal for employers to discriminate against individuals based on sex and aims to protect both women and men from gender bias in the workplace. The womens experiences at the FBI Academy highlight the real-world implications of gender discrimination. Despite meeting or exceeding the qualifications necessary for success, systemic barriers contributed to and resulted in unfair treatment.&nbsp; To establish an employment law discrimination claim against your boss under Title VII requires individuals to demonstrate that their boss treated them unfavorably because of their gender. Some of the most common examples of gender discrimination experienced by employees include: \\nPregnancy discrimination Sexual or gender-based harassment such as unwelcome advances, inappropriate comments, or sharing explicit material in the workplace Pay cuts or gaps Discrimination during the hiring process based on gender Stereotyping based on gender Stricter dress codes or unequal dress code enforcement\\n Employers may have specific policies or programs aimed at preventing gender discrimination, so its important to review your employee handbook or contract for any relevant provisions. Many companies also have procedures in place for reporting discrimination, which can be a crucial step in addressing your concerns. Contact Us Today! If you or someone you know has experienced gender discrimination in the workplace, understanding your rights and options is essential. Our employment lawyers at Working Solutions law firm in New York City, Livingston, New Jersey, and Boston, Massachusetts are here to help. Contact us today at (646) 430-7930 for a free case evaluation! Our experienced legal counsel can help you navigate the complexities of employment discrimination matters and advocate for your rights.","excerpt":"<p>The FBI Academy&#8217;s Basic Field Training Course allegedly subjected 34 women to gender discrimination. The FBI allegedly engaged in gender bias and sexism by unjustly dismissing the female trainees from the agency program based on &#8220;suitability&#8221; criteria that favored male candidates. Paula Bird and other female trainees successfully passed rigorous tests in academic knowledge, physical&hellip;</p>\\n"},{"id":24070,"path":"/blog/at-draftkings-parental-leave-may-be-a-gamble","slug":"at-draftkings-parental-leave-may-be-a-gamble","modified":"2024-10-18T16:22:00","title":"At Draftkings Parental Leave may be a Gamble","content":"Draftkings Inc. allegedly fired a senior engineer, Aruneswaran Venkateswaran, for requesting parental leave. Mr. Venkateswaran requested 16 weeks of parental leave on August 7th for his first child due on September 28th. Prior to his formal request, Mr. Venkateswaran told his manager in June about his expected parental leave. At this point, Mr. Venkateswaran felt secure in his role as senior engineer. He started working for Draftkings Inc. in March 2022 and received decent performance reviews. Additionally, his workload recently increased to accommodate for the absence of a colleague. As a senior engineer he made $183,000 annually, and with a baby on the way things were looking up for Mr. Venkateswaran, or so he thought.  On August 8th, the day after he formally requested parental leave, Mr. Venkateswaran received a zoom link to a meeting where his boss fired him. Mr. Venkateswaran believes his termination is directly linked to his parental leave request. Mr. Venkateswaran knows of employees with lower performance reviews who received support to improve their performance. Draftkings never offered him such assistance. He claims the only notable difference between himself and the other engineers was the requested parental leave. Mr. Venkateswaran filed a complaint against Draftkings Inc. on September 17th alleging breach of contract, failure to comply with standards of good faith and dealing, violations of the Massachusetts Paid Family and Medical Leave Act, and sick leave interference and retaliation. What is Parental Leave? Parental leave is an employment benefit where an individual can take leave from work to care for their new child. A “new child” is a child recently born or a new placement of a child through foster care or adoption. Under the Family Medical Leave Act (FMLA), parental leave is usually 12 weeks, but some states elongate the amount of parental leave available to an individual. Anyone in Massachusetts can take parental leave to assist in the placement of a child under 18 or an individual under 23 with mental disabilities. In Massachusetts, parental leave can be initiated anytime during the first 12 months to aid in acclimating the child to their new environment.  Is Parental Leave Paid Leave?  Yes, in Massachusetts parental leave is paid leave if an employee is eligible for Paid Family and Medical Leave (PFML). PMFL permits an individual to take family leave or medical leave. Parental leave is a specific type of family leave. In Massachusetts, individuals who meet the minimum earnings requirement determined by DUA are eligible for PFML. The 2024 minimum requirement is $6,300 earned over the last 4 calendar quarters. To calculate the amount you will be paid, during your paid leave in Massachusetts, use this linked calculator. You can apply for paid parental leave by submitting an application to the Department of Family and Medical Leave up to 60 days before your leave initiates. Your employer should be notified at least 30 days in advance of the beginning of your parental leave. An individual can take up to 12 weeks of paid family leave.  Additionally, some employers provide paid parental leave as a benefit, so it is crucial to review your contract to see what paid leave options are available to you. One employer that offers paid parental leave is the federal government. The Federal Employee Paid Leave Act (FEPLA) ensures paid parental leave for federal employees covered under Title V.  Contact Us Today!&nbsp; Our attorneys work diligently to review violations of the Massachusetts Paid Family and Medical Leave Act. If you’ve ever thought: \\nCan my employer legally fire me for taking parental leave? Am I eligible for paid family leave? Can my employer refuse to pay for my parental leave?\\n You’re only one call away from the answers to your questions! Seek legal assistance from our employment lawyers at the Working Solutions Law Firm in Boston, Massachusetts. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel!","excerpt":"<p>Draftkings Inc. allegedly fired a senior engineer, Aruneswaran Venkateswaran, for requesting parental leave. Mr. Venkateswaran requested 16 weeks of parental leave on August 7th for his first child due on September 28th. Prior to his formal request, Mr. Venkateswaran told his manager in June about his expected parental leave. At this point, Mr. Venkateswaran felt&hellip;</p>\\n"},{"id":24062,"path":"/blog/wage-theft-ny","slug":"wage-theft-ny","modified":"2024-10-14T23:44:42","title":"Is Your Paycheck Short? How to Reclaim Unpaid Wages Fast","content":"Have you ever noticed that your paycheck doesn’t quite match the hours or effort you put in? Unfortunately, wage theft is a common issue that many workers face, often without realizing they have legal recourse. If youre experiencing unpaid wages, youre not alone, and there are clear steps you can take to reclaim what youre owed. A recent case in New York highlights the seriousness of wage theft. In September 2024, Attorney General Letitia James recovered $750,000 in unpaid wages from Best Wireless, a cell phone company. The company had been unlawfully deducting wages for lost merchandise, refusing to pay overtime, and denying workers their legally required breaks. After a former employee filed a complaint, an investigation was conducted by the office of the attorney general (OAG), resulting in a significant settlement. More than 450 employees were compensated for their stolen wages, sending a strong message that wage theft will not go unpunished. What is Wage Theft? Wage theft occurs when an employer fails to pay workers the wages to which they are legally entitled. This could include not paying the minimum wage, failing to pay overtime, requiring employees to work off the clock, or withholding wages for rest, breaks, or meal times. One of the most prevalent forms of wage theft is unpaid overtime, where employees work more than 40 hours a week but don’t receive the legally required overtime payment of time and a half. Legal Protections Against Wage Theft In the U.S., both federal and state laws are designed to protect workers from wage theft. The Fair Labor Standards Act (FLSA) ensures that non-exempt employees are entitled to the federal minimum wage and overtime pay. Beyond federal law, many states have their own labor laws with additional protections. For instance, New York has strict requirements around wage payments, with laws such as Section 191, which mandates timely wage payments, and Section 193, which prohibits unlawful deductions from wages (e.g., for lost merchandise or uniforms). What to Do If You’re a Victim of Wage Theft If you suspect your employer is withholding wages, here’s what you can do: \\nDocument Your Hours: Keep track of the hours you’ve worked, including overtime, and compare that information with your pay stubs. Raise the Issue Internally: Start by discussing the discrepancies with your employer or HR department. Sometimes, payroll issues are an honest mistake and can be quickly resolved. Seek Legal Assistance: If internal discussions don’t resolve the issue, it may be time to consult an employment lawyer. These legal experts can help you determine whether your employer’s actions violate the law, or if your claim falls under the FLSA or state-specific regulations like New York’s Labor Law. An attorney can also guide you through filing a wage claim with the Department of Labor or pursuing a lawsuit to recover your unpaid wages.\\n Contact Us for Help At Working Solutions Law Firm, we specialize in cases involving unpaid wages and wage theft. Whether you’re dealing with unpaid overtime or other wage violations, our experienced attorneys are ready to help. Contact us at (646) 430-7930 for a free consultation, where we’ll answer important questions like: \\nWhat can my employer legally deduct from my paycheck? How much am I entitled to unpaid overtime? Am I guaranteed breaks, and how do they affect my pay?\\n Don’t let your employer take advantage of your hard work. Just as Attorney General Letitia James fought for Best Wireless employees, our team is here to fight for your rights. Let us help you reclaim the compensation you deserve.","excerpt":"<p>Have you ever noticed that your paycheck doesn’t quite match the hours or effort you put in? Unfortunately, wage theft is a common issue that many workers face, often without realizing they have legal recourse. If you&#8217;re experiencing unpaid wages, you&#8217;re not alone, and there are clear steps you can take to reclaim what you&#8217;re&hellip;</p>\\n"},{"id":24054,"path":"/blog/overtime-theft-is-real-ask-donald-trump","slug":"overtime-theft-is-real-ask-donald-trump","modified":"2024-10-14T23:23:46","title":"Overtime pay theft is real. Just ask our former President and current candidate Donald Trump","content":"Overtime pay eligibility can get a little confusing on the margins, but by and large, it is not difficult to determine. Ask any employment lawyer and they will tell you. In a nutshell, in most states in the country, including New York, New Jersey and Massachusetts, if you are in a “core group” of overtime eligible employees – ie you are an hourly employee, or a salaried employee making less than $43,888 annually ($58,656 starting January 1, 2025)  you are most likely eligible for overtime pay (time and one half your regular hourly rate) for hours worked over 40.  While it is possible that employers who fail to pay overtime to those who are obviously eligible are genuinely mistaken, given how easy it is to determine eligibility of these employees, it is more likely that the decision not to pay overtime is intentional.  As employment lawyers, our firm has handled dozens of cases involving many different categories of overtime eligible employees who were not paid appropriately – IT workers such as desktop support technicians and helpdesk support technicians, hourly nurses, delivery drivers and logistics helpers, and security guards, just to name a few of the “obviously overtime eligible” employees – and very rarely are these decisions good faith mistakes. They are almost always the result of a single intentional decision by a CEO or other high ranking manager to treat an entire category of employee as overtime ineligible for the sake of saving money.&nbsp; Former President and current presidential candidate Donald Trump made this abundantly clear at a rally in Pennsylvania this week when he said, “I know a lot about overtime. I hated to give overtime, I hated it. I’d get other people—I shouldn’t say this, but I’d get other people in. I wouldn’t pay.” Former President Trump is acknowledging outright wage theft by saying he recruited contractors willing to work overtime hours without being paid overtime. Similar to the decision makers our firm has encountered during civil depositions in our overtime pay litigations, he is proud of what he perceives to be a good business decision. He is so proud of this fact that he is willing to brag about it in front of blue collar workers in Pennsylvania who likely depend on overtime wages to live. Intentional nonpayment of overtime wages is theft, but criminal violations are not enforced.&nbsp;The enforcement is so lax that the former President is unconcerned if he admits to this practice publicly.&nbsp;Public attitudes are changing, however. Cities like New York, Boston and San Francisco have stepped up enforcement of criminal wage theft violations.&nbsp; For the time being, whether you are a banker or a plumber, if you are intentionally underpaid, find a lawyer and a new job.&nbsp;Our firm and others offer free screenings to those who have not been paid wages or bonuses they are entitled to.&nbsp; Someday there may be more criminal actions for wage theft, but for the time being, a civil lawsuit for wages and penalties through a private employment lawyer is still the best path for accountability.&nbsp; Contact Us about Overtime Claims Seek legal assistance from the employment lawyers at the Working Solutions law firm in New York, New Jersey, and Massachusetts. Contact one of our attorneys today! Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Overtime pay eligibility can get a little confusing on the margins, but by and large, it is not difficult to determine. Ask any employment lawyer and they will tell you. In a nutshell, in most states in the country, including New York, New Jersey and Massachusetts, if you are in a “core group” of overtime&hellip;</p>\\n"},{"id":24039,"path":"/blog/good-morning-youre-fired","slug":"good-morning-youre-fired","modified":"2024-09-21T17:03:10","title":"Good Morning, You’re Fired","content":"Have you ever had the nightmare of waking up to an email stating, “You’re Fired”? Well, this was the unfortunate reality for Gary Rooney in Ireland on December 8th, 2022. Before his wrongful termination, Rooney worked diligently at Twitter for 9 years. On December 7th, 2022, Elon Musk’s team sent an email to the entire Twitter staff, outlining the new expectations for the employees under their new system. In no uncertain terms, the email explained that the work environment will be “extremely hardcore.” Musk goes so far as to state, “This will mean working long hours at high intensity. Only exceptional performance will constitute a passing grade.”  Elon Musk gave each employee 24 hours to click the link to agree to his demands. If an employee did not agree, the agreement required the individual to click do not agree. After doing so, Twitter gave the now-severed employees 3 months of severance. Gary Rooney did not click either link within 24 hours. Much to his chagrin, HR sent an email alerting him to his resignation the next morning. Gary Rooney thought this situation was unfair, and decided to call an employment lawyer.  Clearly, he made the right choice by hiring an employment attorney. To start the suit, he filed a complaint with Irelands Workplace Relations Commission (WRC). The WRC found that Rooney was unfairly dismissed since 24 hours is not a reasonable amount of time for an employee to respond to the demands of this contract. Rooney was awarded $600,000 in damages for future wages he would have earned if he had not been wrongfully terminated. Wrongful Termination  In Ireland, under their civil law system, wrongful termination is illegal. As a result, Gary Rooney only had the burden of proving his forceful resignation was unfair. Unlike in Ireland, an employer in the United States can fire an employee at any time for any reason as long as it does not violate a statute. This idea is usually referred to as at-will employment. Many employers explain at-will employment in small print in your workplace handbook as well as your employment contract.  The rule seems unfairly bias to employers at face value, despite this employees and employment attorneys win wrongful termination suits all the time. Frequently, discrimination statutes are violated during a wrongful termination claim. Violations of statutes like Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and Title I of the Americans with Disabilities Act of 1990 are frequently applied to wrongful termination claims.  Violation of whistleblower statutes can also be applied to a wrongful termination incident to generate legal action. Whistleblowers are individuals who disclose information about an employer’s unlawful conduct frequently about discrimination. As a way to encourage this practice, each state creates laws to protect these individuals from retaliation from their employers. For example in New York, Section 740 of the New York Labor Law protects whistleblowers from retaliation. Several other statutes could be violated during a wrongful termination and provide a path for legal action. Many future plaintiffs do not realize their employer’s conduct violates an existing statute.  Contact Us Our attorneys work diligently to review wrongful termination and discrimination claims. If you’ve ever thought: \\n\\nWhat can my employer legally fire me for? Does my contract protect me from sexual, racial, or age discrimination? How much severance am I owed?\\n\\n You’re only one call away from the answers to your questions! Seek legal assistance from the employment lawyers at the Working Solutions law firm in New York City and Livingston, New Jersey. Contact one of our attorneys today! Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You could end up like Gary and win $600,000!","excerpt":"<p>Have you ever had the nightmare of waking up to an email stating, “You’re Fired”? Well, this was the unfortunate reality for Gary Rooney in Ireland on December 8th, 2022. Before his wrongful termination, Rooney worked diligently at Twitter for 9 years. On December 7th, 2022, Elon Musk’s team sent an email to the entire&hellip;</p>\\n"},{"id":24022,"path":"/blog/discrimination-harvard-boston","slug":"discrimination-harvard-boston","modified":"2024-09-19T17:48:45","title":"Harvard Athletics in Hot Water After Former Women’s Hockey Coach Alleges Gender Discrimination on Discipline","content":"On July 23, 2024, former Harvard Women’s Hockey coach Katey Stone filed a gender discrimination lawsuit against the esteemed university. Specifically, Stone claims that her retirement last year was in fact a forced resignation that resulted from false claims and unequal scrutiny and compensation. Gender-based stereotypes, she alleges, allowed her no-nonsense coaching style to be framed as tyrannical whereas other men who adopted similar coaching styles did not face the same criticism.&nbsp;Why Did She Resign?&nbsp;Leading up to her stepping down, media portrayals of Stone having little regard for her athlete’s mental or physical health issues skyrocketed in number; peppered with quotes from concerned players and parents, they conveyed a toxic team culture. &nbsp;The allegations included the use of language ranging from body shaming to outdated cultural metaphors relating to native Americans. Most notably, these claims detail her presence at player hazing rituals such as a “naked state,” in which many players were hurt. In 2023, an investigation launched by Harvard found that she did in fact contribute to the toxic team culture, and she resigned soon after.&nbsp;The Other Side of the Story: A Double Standard&nbsp;Stone has used this lawsuit as an opportunity to push back. In general, she says, Harvard paid her and other female coaches less than male coaches, and that the University did not recognize or support female coaches with the same commitment as it did with male coaches. Her chief argument is that she never did anything while coaching that you would not find in a current men’s program at Harvard, and the overall culture is one that leaves little room for women to act as flamboyantly as their male counterparts. She claims that she has never tolerated hazing, disregarded player wellbeing, or done anything other than what is necessary to coach a winning team.&nbsp;She also points out that the investigation of her program did not truly ramp up until she led a charge of female coaches asking for gender equality in the workplace. She characterized the investigation as retaliatory.&nbsp; Stone believes that the complaints against her were exaggerated by Harvard in an attempt to push her out due to her advocacy.&nbsp;Moreover, Stone notes the culture of increased mental health awareness and sensitivity as something that is giving coaches less and less room to discipline. By her logic, female coaches especially are given an impossibly low margin of error as well.&nbsp;Additional Details &amp; Current State&nbsp;It is worth mentioning that three of Stone’s former players stood by her when she filed, noting the winning culture she instilled in them and in her program. Along with her gender discrimination allegations against Harvard, Stone also filed against 50 parties she claims contributed to the false narrative that was created leading up to the investigation.&nbsp;Harvard, as with any ongoing case against them, has refused to comment.&nbsp;Contact an Employment Lawyer Today!&nbsp;Gender discrimination in the workplace is in violation of Massachusetts labor laws. If you or anyone you know is a victim of a toxic workplace environment that fosters gender discrimination, contact a Working Solutions employment lawyer today! Our employment law attorneys in Boston are available at (646) 430-7930 for a free 30-minute consultation!","excerpt":""},{"id":24000,"path":"/blog/boston-gig-economy","slug":"boston-gig-economy","modified":"2024-09-15T14:31:29","title":"What Employment Attorneys want Boston’s Gig Workers to Know:","content":"Boston Gig Workers Recent Lawsuits In June 2024, over 15,000 contracted Amazon drivers filed individual arbitrations in a “mass arbitration” legal action against the e-commerce giant Amazon regarding unpaid overtime and minimum wage. Mass arbitrations (no pun intended) to collect unpaid wages caused by misclassification are becoming popular –&nbsp; a transactional cost – for&nbsp;gig workers who are haphazardly misclassified as non-employee contractors. Companies such as Instacart, Uber, Amazon, and Walmart are increasingly facing greater exposure and liability as their contracted employees are looking for employment attorneys to challenge their non-employee classification and seek compensation for the unpaid wages.&nbsp; What do employment attorneys want Boston residents to know when looking to protect their employment rights? Under Massachusetts Law, misclassified gig economy workers are protected under anti-discrimination regulations, workers compensation regulations, and minimum wage protection. In June, Uber and Lyft reached a settlement with the Massachusetts Attorney General’s office that includes a minimum pay standard of $32.50 per hour, guaranteed paid sick leave, pooled health insurance, and more benefits. &nbsp;As demonstrated by the Uber and Lyft settlements, filing lawsuits or arbitrations that challenge misclassification and assert rights – whether on behalf of thousands of drivers, or for a single driver – is the everyday reality of the modern gig economy.&nbsp;It may be that gig economy workers will need to file arbitrations every few years, seeking damages for another round of violations.&nbsp; Contact the Working Solutions Law Firm Today! If you feel your rights have been infringed upon as a gig economy worker in Boston, call the Working Solutions Law Firm today at (646) 430-7930 for a free case screening and to speak with an employment attorney.","excerpt":"<p>Boston Gig Workers&#8217; Recent Lawsuits In June 2024, over 15,000 contracted Amazon drivers filed individual arbitrations in a “mass arbitration” legal action against the e-commerce giant Amazon regarding unpaid overtime and minimum wage. &nbsp;Mass arbitrations (no pun intended) to collect unpaid wages caused by misclassification are becoming popular –&nbsp; a transactional cost – for&nbsp;gig workers&hellip;</p>\\n"},{"id":23980,"path":"/blog/lizzos-sexual-harassment-lawsuit-on-hold-pending-appeal","slug":"lizzos-sexual-harassment-lawsuit-on-hold-pending-appeal","modified":"2024-06-24T16:09:03","title":"Lizzo’s Sexual Harassment Lawsuit on Hold Pending Appeal","content":"Background In August 2023, three of Lizzos former backup dancers—Arianna Davis, Crystal Williams, and Noelle Rodriguez—filed a lawsuit against her, alleging she created a toxic work environment. The claims included sexual harassment and pressuring them into uncomfortable situations, such as engaging in sexual acts with performers in Amsterdams Red Light District. Lizzo has denied these accusations, calling them baseless attempts to harm her reputation. Current Status In January 2024, a California judge denied Lizzo’s motion to dismiss the case under the states anti-SLAPP statute, which aims to quickly end lawsuits infringing on free speech. Lizzo then appealed, leading Judge Mark H. Epstein to stay the proceedings. This stay pauses the lawsuit until the appeal is resolved, a process expected to take several months. Implications and Reactions The stay reflects the challenge of balancing free speech protections with addressing serious misconduct allegations. The judge emphasized not undermining constitutional rights while ensuring discrimination and harassment claims are properly examined. Lizzo’s legal team argues the lawsuit lacks merit and aims to overturn the January ruling. Meanwhile, the dancers seek justice for what they describe as a harmful work environment. The cases outcome is closely watched for its impact on workplace conduct and legal processes within the entertainment industry. Conclusion As the legal battle continues, both parties prepare for a prolonged process. The stay allows Lizzo to challenge the ruling, delaying immediate resolution for the plaintiffs. This case highlights the complexities of navigating workplace harassment claims, especially in high-profile industries under intense public scrutiny. Contact the Working Solutions Law Firm Today! Have you faced discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Background In August 2023, three of Lizzo&#8217;s former backup dancers—Arianna Davis, Crystal Williams, and Noelle Rodriguez—filed a lawsuit against her, alleging she created a toxic work environment. The claims included sexual harassment and pressuring them into uncomfortable situations, such as engaging in sexual acts with performers in Amsterdam&#8217;s Red Light District. Lizzo has denied these&hellip;</p>\\n"},{"id":23955,"path":"/blog/mandated-paid-prenatal-leave-in-new-york-state-what-are-the-standards-for-prenatal-leave-for-boston-residents","slug":"mandated-paid-prenatal-leave-in-new-york-state-what-are-the-standards-for-prenatal-leave-for-boston-residents","modified":"2024-06-17T16:22:39","title":"Mandated Paid Prenatal Leave in New York State. What are the Standards for Prenatal Leave for Boston Residents?","content":"In April 2024, New York State made history by becoming the first US state to mandate paid prenatal leave for leaving work to attend doctors’ appointments while pregnant for up to 20 hours. The new regulations come in part from Gov. Kathy Hochul’s budget for the 2025 fiscal year. She said of the new mandate, “No one should ever have to fear seeking care because of costs it will impose or time missed from work.” The mandate will impose a new regulation of 40 hours of paid sick leave, protecting the original standard of up to 20 hours for general sick leave and including the addition of the new up to 20 hours of prenatal leave, which has caused major interest amongst employment lawyers. The new mandate is in line with recent efforts from the U.S. Equal Employment Opportunity Commission’s final rule interpreting the federal Pregnant Workers Fairness Act, protecting and requiring employer accommodations for pregnant workers. As the government is moving in the direction of pregnant worker protection bills, what does this mean for Boston residents? While Massachusetts does not currently have a mandated paid leave benefits for prenatal leave, there is a protecting pregnant workers in the workplace. The Massachusetts Pregnant Workers Fairness Act (2017) gives employees protected accommodations while pregnant in the workplace. The act requires pregnant workers to be notified of their rights by their employers, including accommodations such as more frequent breaks, modified work schedules, and assistance with manual labor. As a pregnant worker, you are entitled to these accommodations in the City of Boston under the Commonwealth of Massachusetts.  CONTACT THE WORKING SOLUTIONS LAW FIRM TODAY! Do you feel that you have been denied these rights and accommodations in your City of Boston workplace? You can contact one of our Employment attorneys today. Call the Working Solutions Law Firm today at (646) 430-7930.","excerpt":"<p>In April 2024, New York State made history by becoming the first US state to mandate paid prenatal leave for leaving work to attend doctors’ appointments while pregnant for up to 20 hours. The new regulations come in part from Gov. Kathy Hochul’s budget for the 2025 fiscal year. She said of the new mandate,&hellip;</p>\\n"},{"id":23951,"path":"/blog/discrimination-in-californias-pot-industry-pot-workers-suit-alleges-discrimination-and-slurs-unpaid-overtime","slug":"discrimination-in-californias-pot-industry-pot-workers-suit-alleges-discrimination-and-slurs-unpaid-overtime","modified":"2024-06-14T13:50:41","title":"Discrimination in California’s Pot Industry: Pot Worker’s Suit Alleges Discrimination and Slurs, Unpaid Overtime","content":"Discrimination in any industry is insidious, and the growing marijuana industry is no stranger to it. A former employee of a cannabis cultivation and distribution company has filed a lawsuit against his former employer in California state court, alleging that he was terminated as a form of retaliation after reporting instances of racial discrimination within the workplace. Daevin Simon identifies as African American and states in his suit that he often encountered leaders and colleagues at Plan LBC using racial slurs to describe Black employees. These derogatory terms were reportedly overheard in conversations, seen in text messages, and replayed in offensive songs. Additionally, the employee was owed more than $100,000 in unpaid overtime. As an employee, you should not have to worry about facing countless forms of discrimination in your workplace. It is an employers job to make sure every employee can feel safe in the environment they work in to provide a healthy work environment. The former employee hired an employment attorney to pursue claims for both unpaid overtime and race discrimination. Included in the guidelines outlined by the U.S Department of Labor, employees in any industry are entitled to a workplace environment free from race-based harassment, demotion, termination, unequal pay, or treatment. All marijuana industry employees – growers, sellers, and wholesalers – are protected under state and federal anti-discrimination laws even though the industry is still considered unlawful under federal law.  Contact The Working Solutions Law Firm Today If you believe you have been discriminated against in your workplace, please do not hesitate to call an employment attorney. You can reach out to The Working Solutions Law Firm at 646-430-7930 for more information. Get a consult from a legal specialist today!","excerpt":"<p>Discrimination in any industry is insidious, and the growing marijuana industry is no stranger to it. A former employee of a cannabis cultivation and distribution company has filed a lawsuit against his former employer in California state court, alleging that he was terminated as a form of retaliation after reporting instances of racial discrimination within the&hellip;</p>\\n"},{"id":23948,"path":"/blog/new-york-is-the-first-state-in-the-country-to-mandate-paid-prenatal-leave","slug":"new-york-is-the-first-state-in-the-country-to-mandate-paid-prenatal-leave","modified":"2024-06-14T13:26:20","title":"New York is the First State in the Country to Mandate Paid Prenatal Leave.","content":"New York’s Governor signed an amendment to New York Labor Law that will require employers to provide up to 20 hours of paid leave each year for prenatal health care appointments. This paid prenatal leave is in addition to what employees are entitled to under sick leave and family leave laws. The law will take effect on January 1, 2025. Paid prenatal leave can be used for various prenatal health services, including medical procedures, and regular appointments with prenatal care providers. The leave must be paid at the employees regular rate of pay or the state minimum wage, whichever is higher. The law also includes provisions to protect employee privacy and prevent discrimination or retaliation for using the leave​. New York has strong laws protecting pregnant women in the workplace from discrimination. It is already unlawful for employers to discriminate or retaliate against women who exercise their right to medical care or leave during pregnancy. Paid prenatal leave will be another powerful tool to ensure that women do not have to choose between a healthy pregnancy and their job. Unfortunately, pregnancy discrimination continues in New York and across the country. Employers retaliate by passing over pregnant employees who are deserving of promotions, paying pregnant women less, and often firing women who have taken or are about to take a pregnancy related leave. Contact The Working Solutions Law Firm Today If you or someone you know is facing pregnancy discrimination, you need to contact an experience lawyer. Our firm’s employment attorneys can help. Call Working Solutions Law Firm today or fill out the contact us form here.","excerpt":"<p>New York’s Governor signed an amendment to New York Labor Law that will require employers to provide up to 20 hours of paid leave each year for prenatal health care appointments. This paid prenatal leave is in addition to what employees are entitled to under sick leave and family leave laws. The law will take&hellip;</p>\\n"},{"id":23940,"path":"/blog/unequal-pay-in-financial-services-jaylen-browns-black-wall-street","slug":"unequal-pay-in-financial-services-jaylen-browns-black-wall-street","modified":"2024-06-05T14:39:01","title":"Unequal Pay In Financial Services: Jaylen Brown’s Black Wall Street","content":"Unequal Pay in Financial Service: A Well Documented Problem Unequal pay in financial services has long remained a barrier to career growth and earning potential for woman, particularly black and Hispanic women. Decades of unequal pay has and discrimination in hiring practices has resulted in significant wealth and opportunity disparity between white and black women.&nbsp; These disparities were documented most recently in an exhaustive report conducted by esteemed consulting firm McKinsey &amp; Company in 2021.&nbsp; What can be done to close the pay gap in the financial industry? Hire an employment lawyer? Perhaps.&nbsp; But what systemic measures can be taken? The History of Black Wall Street Black Wall Street, located in the Greenwood District of Tulsa, Oklahoma, was one of the most prosperous African-American communities in the 1900s. Greenwood was a hub for flourishing black-owned businesses, earning it the nickname “Black Wall Street” and demonstrating the potential and spirit of African Americans despite the era’s pervasive racial discrimination. However, the success of Black Wall Street was violently disrupted during the Tulsa Race Massacre. Fueled by racial tensions a white mob destroyed much of Greenwood, including millions in property damage and hundreds of deaths. The massacre left a lasting impact, symbolizing both the heights of Black prosperity and the depths of racial violence in America. Jaylen Brown’s Goal While New York is the financial services capital of the world, other cities are leading the way in making change.&nbsp; For instance, NBA star Jaylen Brown hopes to revitalize the spirit of Black Wall Street in Boston by using his platform, wealth, and resources to address wealth disparities. He aims to stimulate economic growth within Bostons Black community through the fostering of new jobs, businesses, and resources. Brown believes that reducing wealth disparities will benefit the broader economy and promote social equity. His efforts extend beyond economic initiatives; Brown has been actively involved in various social justice causes, advocating for racial equity and positive representation of Black people to contradict the generally negative portrayal of Black Americans, especially men, in media. Through his vision for a new Black Wall Street, Brown aims to create lasting change, not just in Boston but as a model for other cities worldwide. In summary, Browns project seeks to honor the legacy of Black Wall Street by creating a modern equivalent that addresses contemporary economic challenges and fosters community resilience and empowerment. Contact the Working Solutions Law Firm Today! Have you faced gender or race discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Unequal Pay in Financial Service: A Well Documented Problem Unequal pay in financial services has long remained a barrier to career growth and earning potential for woman, particularly black and Hispanic women.&nbsp; Decades of unequal pay has and discrimination in hiring practices has resulted in significant wealth and opportunity disparity between white and black women.&nbsp;&hellip;</p>\\n"},{"id":23918,"path":"/blog/gender-discrimination-boston-attorney","slug":"gender-discrimination-boston-attorney","modified":"2024-05-30T21:53:53","title":"Gender Discrimination In The Workplace: Former Professor Sues Boston College for Sex and Pregnancy Discrimination","content":"Gender discrimination in the workplace has been an ongoing struggle for women for as long as there has been work. And nonprofit institutions like hospitals and universities are not immune from the toxic influence of gender discrimination. Recently, Massachusetts has seen a spate of gender discrimination lawsuits against some of its most prestigious institutions.&nbsp; For instance, professor Hristina Nikolova filed a lawsuit against Boston College’s trustees on October 26 in Suffolk County Superior Court, seeking damages exceeding $1.7 million due to gender discrimination. Nikolova is suing the University for breach of contract, breach of the implied covenant of good faith and fair dealing, retaliation, sex and pregnancy discrimination, and violations of parental and family medical leave. According to the complaint, BC discriminated against Nikolova by denying her petition for tenure based on gender-stereotyped views about new mothers.&nbsp; Nikolova claims that BC’s president made remarks in meetings suggesting that he believed Nikolova should focus on her family and children more than her career.&nbsp; How does the law protect you from gender discrimination in the workplace? Both state and federal statute protect employees from gender discrimination.&nbsp; Under federal law, Title VII of the Civil Rights Act forbids employers from discriminating against you based on your sex, which encompasses pregnancy, sexual orientation, and gender identity.&nbsp; Separately, Massachusetts law outlaws treating people unfairly based on the persons membership in a protected class, such as your race, national origin, religion, disability, age, sexual orientation, or gender identity. In all states, the law prohibits discrimination in all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other terms or conditions of employment. What to do if you’re facing gender discrimination? There is no substitute for gathering more information. Most employment law firms offer free consultations and they are well worth it. Knowing your rights is crucial for protecting yourself and promoting a healthy, inclusive workplace. If you or someone you know has faced or is facing discrimination based on your gender, click here to fill out a form for a free consultation, or contact our firm at 646-430-7930.","excerpt":"<p>Gender discrimination in the workplace has been an ongoing struggle for women for as long as there has been work. &nbsp;And nonprofit institutions like hospitals and universities are not immune from the toxic influence of gender discrimination. Recently, Massachusetts has seen a spate of gender discrimination lawsuits against some of its most prestigious institutions.&nbsp; For&hellip;</p>\\n"},{"id":23910,"path":"/blog/labor-class-action-lawsuit-against-u-s-oil-refinery-phillips-66","slug":"labor-class-action-lawsuit-against-u-s-oil-refinery-phillips-66","modified":"2024-05-21T14:41:16","title":"Labor class action Lawsuit Against U.S. Oil Refinery Phillips 66","content":"Robbins v. Phillips 66 Co. is a labor class action filed in San Francisco, consolidating the cases of Robbins v. Phillips 66 Co. filed in 2017 and Green v. Phillips 66 Co. filed in 2018. Phillips 66 has 11 oil refineries in the US, including in states such as New Jersey, Texas, and California. This lawsuit alleges that energy company Phillips 66 has failed to follow California law in recording-keeping start and end times of 30-minute deducted lunch breaks. Many employees claim their lunch breaks were short, interrupted, or nonexistent. In addition, accusations have been lodged against the company for underpaying wages due to time clock rounding policies. The workers alleged the company shortened pay by granting workers a 7-minute grace period for lunch breaks and rounded their starting time in favor of the company. Phillips 66 claims no wrongdoing Phillips is arguing that California law does not require the tracking of the start and end times of meal periods. However, the Donohue v. AMN Services decision clearly stated that employers must document this information. The company also asserts their time clock rounding policies are neutral or in favor of employees. They emphasize that these claims should be addressed separately, instead of a class action, as every employee has a different specific complaint due to differing length and frequency of their meal period. The employment lawyers representing the employees argue that the same illegal practice impacts all of the class members, and that a class action is the most efficient way to proceed with the case.  What are the plaintiffs seeking? Give the size of the class, the potential recovery the employment lawyers are seeking is nearly $46.5 million in unpaid wages and penalies. Contact the Working Solutions Firm Today Are you forced to work through your lunch break or is your time rounded down due to timekeeping software out of your control? These cases can produce more in recovery than you would expect – employment lawyers routinely are able to obtain 10 figure recovery for individuals who bring these claims &nbsp;If you are facing these illegal practices, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City, Boston and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers specialize in many areas of the law, including unpaid wage cases. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Robbins v. Phillips 66 Co. is a labor class action filed in San Francisco, consolidating the cases of Robbins v. Phillips 66 Co. filed in 2017 and Green v. Phillips 66 Co. filed in 2018. Phillips 66 has 11 oil refineries in the US, including in states such as New Jersey, Texas, and California. This&hellip;</p>\\n"},{"id":23906,"path":"/blog/discrimination-and-harassment-in-hollywood-faith-stowers-accuses-bravo-of-in-bombshell-lawsuit-naming-vpr-stars","slug":"discrimination-and-harassment-in-hollywood-faith-stowers-accuses-bravo-of-in-bombshell-lawsuit-naming-vpr-stars","modified":"2024-05-14T20:14:10","title":"Discrimination and Harassment in Hollywood: Faith Stowers Accuses Bravo of in Bombshell Lawsuit Naming ‘VPR’ Stars","content":"Discrimination and harassment complaints in the entertainment industry have gained significant publicity in recent years. Last month, a former ‘Vanderpump Rules” star, Faith Stowers, filed an employment lawsuit against a popular Television company, Bravo for discrimination and unlawful harassment. Stowers’ employment attorney alleges that she faced sexual harassment, racism, and even physical assault in her first season on the show. She has also alleged that Lala Kent brandished a knife at her during the filming of Vanderpump Rules. Employers have a legal obligation to ensure a healthy and safe work environment for their employees which includes preventing and addressing instances of physical assault. The Occupational Safety and Health Administration (OSHA) is mostly responsible for ensuring safe working environments in the United States. In OSHA’s General Duty Clause, Section(a)(1) in the OSHA Act, it is legally obligated for employers to create a workplace that is free from physical harm to employees and to recognize hazards that may cause death or serious harm to employees, including physical and sexual assault.  Physical assault or unlawful touching in the workplace, if motivated by race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran, is also a form of employment discrimination.&nbsp; What is employment discrimination? \\nEmployment discrimination is where an employer treats an employee differently because of the individuals race, color, religion, sex, sexual orientation, gender identity, national origin, and disability or status as a protected veteran. This type of discrimination violates principles of equality and fairness and creates hostile and unsafe work environments.&nbsp; There are laws that protect employees from employment discrimination.\\n What laws protect employees from workplace discrimination? \\nTitle VII of the Civil Rights Act of 1964 is a federal law that prohibits any employment discrimination based on race, color, religion, sex, or national origin. Under Title VII, it is illegal for covered employers to discriminate against individuals while in various aspects of employment such as hiring, promotions, job assignments, training, firing, and etc. Title VII established the Equal Employment Opportunity Commission ( EEOC ) to investigate claims by individuals who believe they have been discriminated against in the workplace. The EEOC will investigate and attempt to resolve the situation through mediation or if necessary, litigation.\\n What do you do if you believe you are being discriminated against in the workplace? Most companies have policies that prohibit discrimination in the workplace and provide a process for making complaints. The EEOC also has a process for filing complaints of workplace discrimination. In many circumstances, it makes sense to make a complaint, but each situation is different. It is always advisable to seek out consultation from an attorney to determine if, when and how you should complain of discrimination before doing so. Some law firms offer free consultations for this type of advice, but often legal advice of this nature requires a 1-hour paid consultation. It is always worth it for the peace of mind.  Contact The Working Solutions Law Firm Today! What’s the bottom line? Your health and boundaries matter. It is absolutely essential to work in places where discrimination is not tolerated. No one should be treated unfairly based on their race, religion, gender, sexual orientation, disability, or veteran status. It is crucial for you to know these rights to protect yourself and to create a healthy and inclusive workplace environment. If you or anyone you know has faced discrimination or unequal treatment in the workplace, consider contacting an employment attorney.","excerpt":"<p>Discrimination and harassment complaints in the entertainment industry have gained significant publicity in recent years. Last month, a former ‘Vanderpump Rules” star, Faith Stowers, filed an employment lawsuit against a popular Television company, Bravo for discrimination and unlawful harassment. Stowers’ employment attorney alleges that she faced sexual harassment, racism, and even physical assault in her&hellip;</p>\\n"},{"id":23896,"path":"/blog/i-think-my-employer-pays-women-less-than-men-is-there-any-way-to-find-out","slug":"i-think-my-employer-pays-women-less-than-men-is-there-any-way-to-find-out","modified":"2024-05-13T15:06:13","title":"I Think My Employer Pays Women Less Than Men. Is There Any Way to Find Out?","content":"Yes. Gender Pay Gap Reports and discovery. Gender discrimination in pay is clearly unlawful. But men often have control over compensation decisions (especially on Wall Street) and many of these men have been unwilling to change.&nbsp; While there is plenty of broad statistical evidence that women in the United States are paid less than men, women often fail to act because they do not know just how badly they are underpaid. Women who work for large, international employers should investigate whether their employer publishes a Gender Pay Gap Report.&nbsp; Businesses that employ more than 250 people in the United Kingdom are required to publish an annual “Gender Pay Gap Report.”&nbsp; This report shows the annual mean and median difference in both base pay and bonuses between men and women.&nbsp; According to an April 4, 2024, article in Financial News London, seven out of the ten firms with the biggest gender pay gaps in the UK were banks.&nbsp; HSBC, Rothschild and JP Morgan have the biggest gender pay gaps amongst banks.&nbsp; HSBC was forced to reveal that its median hourly pay rate for women was 48.3% lower than the rate paid to men.&nbsp; Goldman Sachs reported a 54% gender pay gap.&nbsp; Does this mean anything for women who work in the United States?&nbsp; In November 2023, Goldman Sachs agreed to pay $215 million to settle a gender discrimination case that was filed in New York.&nbsp; It is reasonable to conclude that organizations that pay women substantially less than men in the UK do the same in the United States. The United States does not currently have a pay transparency law like the law in the UK.&nbsp; But a plaintiff in the United States has broad rights to obtain information about their employer’s gender pay gap in the discovery phase of a lawsuit.&nbsp; Should you sue your employer over unequal pay? That depends on your personal circumstances. But a successful equal pay plaintiff makes a powerful statement against gender discrimination. State laws, especially in New York, Massachusetts and California, impose significant penalties on employers that pay women less than men. Under the New York Equal Pay Act, for example, a women who was paid less than a male comparator for substantially similar work is entitled to recover the difference in pay. plus three times that amount as liquidated damages. Under this law, a women who works on Wall Street and is paid a bonus that is $100,000 less than her male counterpart may be able to recover as much as $400,000 for that disparity. That women does not have to prove she was a better performer, she only has to show that she and her colleague were performing “substantially similar” work.  Contact The Working Solutions Law Firm Today! Do you suspect you are paid less than your male colleagues? If so, the employment lawyers at the Working Solutions Law Firm can provide a free legal screening and help you figure out your next steps. Contact us today at (646) 430-7930 or click this link and fill out the form to schedule a free case evaluation.","excerpt":"<p>Yes. Gender Pay Gap Reports and discovery. Gender discrimination in pay is clearly unlawful.&nbsp; But men often have control over compensation decisions (especially on Wall Street) and many of these men have been unwilling to change.&nbsp; While there is plenty of broad statistical evidence that women in the United States are paid less than men, women&hellip;</p>\\n"},{"id":23888,"path":"/blog/how-to-find-a-workplace-comparator-for-your-equal-pay-act-claim-in-new-jersey","slug":"how-to-find-a-workplace-comparator-for-your-equal-pay-act-claim-in-new-jersey","modified":"2024-05-07T15:13:56","title":"How to find a workplace comparator for your Equal Pay Act claim in New Jersey","content":"Looking to bolster your Equal Pay Act claim? A workplace comparator is the key. Many employees are hesitant to discuss wages with colleagues, but these conversations can be essential for clarifying suspicions of discriminatory unequal wages. Full-time female employees earn 84% of what men are paid year-round. What is the NJ Equal Pay Act? The New Jersey Equal Pay Act prohibits unequal compensation of employees who perform similar work based on race, creed, color, national origin, nationality, ancestry, age, sex/gender (including pregnancy), and other protected classes. What is a workplace comparator? A workplace comparator is another employee you can compare salaries with to determine if your pay is fair. Finding a workplace comparator that supports your claim of unequal pay is a smart step before filing a claim under the Equal Pay Act. What makes a good workplace comparator? Ideally, a workplace comparator is someone who has the title and responsibilities. On the other hand, a claim can also be validated using a colleague with a similar title and responsibilities. This colleague should not be a part of the protected class you are alleging discrimination based on. For example, if someone is a female sales agent who wants to prove an unequal pay claim of discrimination based on gender, she would seek a male sales agent to be her workplace comparator. What is the next step after finding a workplace comparator that supports my claim? Contact a qualified employment lawyer in your City or State. Contact the Working Solutions Firm Today Do you suspect discrimination in your workplace? Are you receiving unfair wages in comparison to your colleagues? If so, the employment lawyers at Working Solutions Law Firm, located in Livingston, New Jersey, and in New York City can provide a free legal screening and help you figure out your next steps. Contact us today at (646) 430-7930 or click this link and fill out the form to schedule a free case evaluation.","excerpt":"<p>Looking to bolster your Equal Pay Act claim? A workplace comparator is the key. Many employees are hesitant to discuss wages with colleagues, but these conversations can be essential for clarifying suspicions of discriminatory unequal wages. Full-time female employees earn 84% of what men are paid year-round. What is the NJ Equal Pay Act? The&hellip;</p>\\n"},{"id":23873,"path":"/blog/working-solutions-law-firm-announces-instacart-mass-arbitration-hotline-and-survey","slug":"working-solutions-law-firm-announces-instacart-mass-arbitration-hotline-and-survey","modified":"2024-05-03T21:00:21","title":"Working Solutions Law Firm Announces Instacart ‘Mass Arbitration’ Hotline and Survey","content":"New York, NY  May 3, 2024. Working Solutions Law Firm, a team of employment attorneys has announced two new resources for employees of Instacart, who believe that they may have not received just compensation for wages, not been paid correctly for overtime, and/or may have been misclassified as contractors as opposed to employees as well as other potential violations of employment law.  \\n. The new hotline can be reached at 917-905-3302 and the survey can be reached at https://workingsolutionsnyc.cliogrow.com/intake/64fac0cffda214b0894ba33fb66d609a.&nbsp; “Many of the newer Internet gig economy services like Instacart may not be in compliance with federal and state employment laws, especially regarding misclassification of employees and contractors as well as the correct and legal payment of wages and overtime,” explained Chris Q. Davis, managing partner at the law firm. Our new hotline and survey help Instacart workers take the first step at learning their legal rights.&nbsp; Here is background on the case. Working Solutions Law Firm has taken a proactive step to address concerns regarding wage practices within the gig economy.&nbsp; The decision stems from the inspiring efforts of an individual Instacart Shopper who, without legal representation, successfully filed a claim against Instacart for unpaid wages and penalties. This Shoppers determination led the Department of Labor to initiate collection proceedings against Instacart. Despite Instacarts significant revenue, some Instacart Shoppers struggle to earn even minimum wage. The successful claim filed by the individual Shopper against Instacart is a significant achievement. In response, Working Solutions Law Firm has initiated a mass legal action on behalf of Instacart Shoppers nationwide. The firm believes that Instacarts misclassification of Shoppers as independent contractors has led to various violations, including failure to compensate Shoppers for all hours worked and reliance on an unlawful payment system. The aim is to advocate for the rights of Instacart Shoppers and ensure fair compensation within the gig economy. Instacart workers or contractors who believe they may have been impacted by these issues are encouraged to reach out to Working Solutions Law Firm. Their voices matter, and the firm is available to help them understand their rights and explore their options. Potential clients can contact the firm to discuss their situation confidentially. Any employee who believes that they may be subject to unfair wages and/or overtime as well as misclassification can reach out for a private, confidential consultation with the law firm at https://www.workingsolutionsnyc.com/free-case-evaluation.&nbsp; ABOUT WORKING SOLUTIONS LAW FIRM Working Solutions Law Firm is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY &#8211; May 3, 2024. Working Solutions Law Firm, a team of employment attorneys has announced two new resources for employees of Instacart, who believe that they may have not received just compensation for wages, not been paid correctly for overtime, and/or may have been misclassified as &#8216;contractors&#8217; as opposed to &#8217;employees&#8217; as&hellip;</p>\\n"},{"id":23849,"path":"/blog/what-is-wrongful-termination-in-new-jersey-and-what-damages-are-available","slug":"what-is-wrongful-termination-in-new-jersey-and-what-damages-are-available","modified":"2024-04-30T21:25:19","title":"What is Wrongful Termination in New Jersey and What Damages are Available?","content":"Losing your job can be stressful and disorienting. When a termination crosses the line from unfair to unlawful, it is important to have an experienced New Jersey employment attorney on your side. In New Jersey, it is unlawful when an employee is fired in violation of state or federal laws, public policy, or their employment contract. Here are some examples of wrongful terminations in New Jersey and some of the monetary damages available: \\nDiscrimination: If an employee is fired in New Jersey based on their race, color, religion, sex (including pregnancy), national origin, age, disability, or other protected characteristics under federal or state law, it could constitute wrongful termination. The New Jersey Law Against Discrimination (NJLAD) has strong protections against discriminatory firings and allows employees to recover monetary damages for violations of the law. A New Jersey employment lawyer can assist you in evaluating the value of your case, including your right to front pay, back pay and emotional distress damages under the NJLAD. Retaliation: If an employee is terminated for engaging in legally protected activities such filing a discrimination complaint or taking leave under the Family and Medical Leave Act (FMLA), it may be wrongful termination. Another form or retaliation occurs when an employee is fired for being a whistleblower after he or she reports an employer’s violation of a law, rule, or regulation. New Jersey’s whistleblower laws, including the Conscientious Employee Protection Act (“CEPA”), are among the strongest whistleblower protections in the country. Working Solutions Law Firm’s employment attorneys routinely fight for the rights of employees who have faced retaliation for disclosing or objecting to their employer’s activity.  Breach of Good Faith and Fair Dealing: New Jersey also recognizes an implied covenant of good faith and fair dealing in employment relationships. Wrongful termination may occur if an employer acts in bad faith, such as firing an employee to avoid paying commissions or bonuses they have earned. An aggrieved employee may be able to collect unpaid commissions, bonuses and other compensatory damages.\\n Contact The Working Solutions Law Firm Today! These are just some examples of unlawful terminations that commonly occur in New Jersey. If you believe that you were wrongfully discharged from your job or are about to be terminated on a discriminatory or retaliatory basis, it is important that you document the situation and consult with an experienced employment lawyer immediately. Working Solutions Law Firm has a team standing by to help you understand your rights. Call for a free legal screening today or fill out the contact us form here.","excerpt":"<p>Losing your job can be stressful and disorienting. When a termination crosses the line from unfair to unlawful, it is important to have an experienced New Jersey employment attorney on your side. In New Jersey, it is unlawful when an employee is fired in violation of state or federal laws, public policy, or their employment&hellip;</p>\\n"},{"id":23845,"path":"/blog/unpaid-wage-instacart-legal-action","slug":"unpaid-wage-instacart-legal-action","modified":"2024-05-01T15:02:19","title":"WORKING SOLUTIONS LAW FIRM LAUNCHES WAGE RIGHTS LEGAL ACTION ON BEHALF OF INSTACART SHOPPERS NATIONWIDE","content":"Today, after listening to complaints of illegal wage practices for years, the Working Solutions Law Firm filed legal claims on behalf of dozens of Instacart Shoppers for wage violations in New York State and across the country. &nbsp; Our Firm made the decision following the inspiring and remarkably skilled efforts of a single Instacart Shopper who filed a claim against Instacart for unpaid wages and penalties without a lawyer….and convinced the Department of Labor to initiate collection proceeds on her behalf. &nbsp;In response to her claim, the DOL issued a collection notice for unpaid minimum wage underpayments, penalties at 100% of the underpayment, and interest.&nbsp; The Shopper, who sometimes does not make minimum wage, forced Instacart, which makes over $3 billion annually in revenue, to pay her for wage violations. That is an extraordinary achievement. &nbsp; Our Firm is taking these violations very seriously and has initiated a mass legal action on behalf of Shoppers nationwide.&nbsp; &nbsp;By misclassifying Shoppers as independent contractors, Instacart has failed to pay them for all of their hours worked (relying instead on an unlawful system of “batch” based flat payments), failed to pay them minimum wage for all hours worked, and unlawfully required Shoppers to pay business expenses, including the cost of maintaining their vehicles, gas, insurance, phone and data expenses in violation of labor laws.&nbsp; For more information, call or text our Instacart Hotline at (917) 905-3302, or fill out our survey here.","excerpt":"<p>Today, after listening to complaints of illegal wage practices for years, the Working Solutions Law Firm filed legal claims on behalf of dozens of Instacart Shoppers for wage violations in New York State and across the country.&nbsp; &nbsp; Our Firm made the decision following the inspiring and remarkably skilled efforts of a single Instacart Shopper&hellip;</p>\\n"},{"id":23842,"path":"/blog/severance-pay-in-new-york-city-and-boston-three-things-every-executive-should-know","slug":"severance-pay-in-new-york-city-and-boston-three-things-every-executive-should-know","modified":"2024-04-24T13:37:01","title":"Severance Pay in New York City and Boston: Three Things Every Executive Should Know","content":"New York City and Boston are the financial and tech capitals of the east coast. If you are an executive living and working in one of these cities, you are more likely to receive higher compensation and more access to the better things in life. You are also more likely to be fired.&nbsp; The economy is in a state of transition. Interest rates will likely be cut in 2024, but they remain at the highest point they have been at in 10 years.&nbsp; Money is no longer “free” like it was during the era of easy credit.&nbsp; Credit markets are tighter, and it has been this way for a number of years now.&nbsp; Businesses are struggling to recalibrate, pay off interest on debt, and manage their workforce.&nbsp; Layoffs are occurring given these changes, but many industries, particularly the tech industry, &nbsp;are also struggling to recruit and retain talent.&nbsp; This means that while labor markets in the financial and tech industries are relatively healthy, they are changing, and the priority is on restructuring business segments and individual roles.&nbsp; Historically, the first on the chopping block are the high earners in executive positions that are no longer prioritized in an economy trending towards automation (think robots replacing human) and efficiency.&nbsp; Bottom line: Executives in NY and Boston, particularly in the tech and financial insutries, are more likely to be fired in 2024, and will likely to be handed a severance agreement on the way out the door.&nbsp; If you are in this category, you want to be prepared for the day when HR sends you a teams invite and the only other participant is your boss.&nbsp; Here are three core principals to live by as you navigate the severance game: \\nSilence is Golden.&nbsp; On the day you are called in to HR, and in all conversations you have with HR afterwards (unless you hire an employment lawyer who tells you otherwise), you should say little more than “thank you” and “I need to discuss this with my family and my accountant.”&nbsp; Avoid speaking with colleagues about your separation.&nbsp; The rumor mill will be whirling and you want to keep the element of surprise for strategic reasons.\\n \\nUnless it’s Not.&nbsp; Women in the financial and tech industries often have equal pay claims (ie claims under the equal pay act for unfair pay discrepancies between men and women) and don’t know it.&nbsp; This is because employee compensation information is usually hidden from the workforce by employers.&nbsp; However, this information is very valuable for women who may be paid less than male colleagues.&nbsp; If you have a hunch that you are paid less than your male colleagues, see if you can ask discrete questions of trusted colleagues.&nbsp; Ideally, you want to find colleagues with the same or similar job titles and responsibilities – see if you can find out what they are making.&nbsp; If they are making more than you and there is not a good explanation, you likely have claims for unequal pay.&nbsp; The same is true if you are a women who has been laid off in a restructuring and other less qualified or talented men were not laid off.&nbsp; There is a measure of investigative work that you can and should engage in to gain some insight in to your potential gender discrimination claim.&nbsp; This information can be very helpful for the employment attorney you retain to negotiate your severance.\\n \\nCall an Employment Attorney for a Free legal Screening. Yes, this is self-serving. But it is a vital step. Most employment attorneys in Boston and New York City will provide a free legal screening for potential employment law claims and will let you know if they think you are in a position to negotiate for more severance pay. If you receive a severance agreement, it is because the employer wants you to go away quietly for some reason. Often it is because they believe you may have an employment lawsuit and they want a general release of legal claims. Employment lawyers screen your matter and agree to represent you in a severance negotiation to optimize your severance pay if there are potential legal claims to leverage. They often do so on a “pay only if we get more” contingency fee arrangement. So there is no downside to making this phone call – it’s free, and even if you don’t end up pursuing more severance with an employment attorney, you at least have the peace of mind of knowing you got the best severance deal.\\n Contact The Working Solutions Law Firm Today In sum, severance negotiations for executives is a game. In order to play the game, you should use these three basic suggestions to help guide your negotiation. And feel free to call our law firm, or fill out a form on the “contact us” page, for a free severance negotiation consultation! We usually represent employees in severance negotiation according to a “you only pay a fee if you get more” arrangement, and we have a track record of success. Either way, good luck!","excerpt":"<p>New York City and Boston are the financial and tech capitals of the east coast.&nbsp; If you are an executive living and working in one of these cities, you are more likely to receive higher compensation and more access to the better things in life. You are also more likely to be fired.&nbsp; The economy&hellip;</p>\\n"},{"id":23838,"path":"/blog/ny-working-women-what-you-need-to-know-about-pregnancy-discrimination","slug":"ny-working-women-what-you-need-to-know-about-pregnancy-discrimination","modified":"2024-04-23T17:18:00","title":"NY Working Women: What You Need to Know About Pregnancy Discrimination","content":"Navigating the workplace while pregnant can be challenging, especially when it comes to understanding your rights and protections against discrimination. Fortunately, the employment attorneys at Working Solutions Law Firm are here to help. This guide to pregnancy discrimination is a valuable resource for working women in New York, providing information on how to protect yourself against discrimination and harassment due to your pregnancy. Lets dive in! Understanding Pregnancy Discrimination Laws in NY. New York working women have robust laws protecting them while pregnant in the workplace, including federal, state, and city laws such as the Pregnancy Discrimination Act (PDA), the New York State Human Rights Law, and the New York City Human Rights Law. These laws ensure that women are not treated unfairly due to their pregnancy or related medical conditions. Key Rights and Protections: \\nEqual Treatment: Employers must treat pregnant women the same as other employees in similar situations. Reasonable Accommodations: Employers must provide reasonable accommodations for pregnancy-related medical conditions, such as modified work schedules, job reassignment, light duty, or alternative duties. Protection from Retaliation: Employers cannot retaliate against employees who assert their rights, requests an accommodation, or reports pregnancy discrimination. Paid Sick Time for Prenatal Care: Employers in New York now must provide up to 20 hours for employees to use for prenatal medical case without cutting into their existing sick time.\\n Reporting Discrimination. If you experience pregnancy discrimination, here is a step-by-step process for reporting the incident(s) and protecting your rights. While it is best to speak with an employment attorney before you report pregnancy discrimination, it is not essential. Here are the essentials for reporting: \\nDocument Everything: Keep detailed records of any discriminatory behavior or incidents. Speak with HR: Report the incident to your employers Human Resources department or another designated authority – review your handbook!&nbsp; It should have information on who you should contact if you wish to report discrimination. Seek Legal Advice: After you speak with HR, you may face retaliation in the workplace. An employment attorney specializing in New York employment law can provide a free legal screening to help you understand your options and next steps.\\n Contact The Working Solutions Law Firm If you or someone you know is facing pregnancy discrimination, our firm can help – call for a free legal screening today or fill out the contact us form here.","excerpt":"<p>Navigating the workplace while pregnant can be challenging, especially when it comes to understanding your rights and protections against discrimination. Fortunately, the employment attorneys at Working Solutions Law Firm are here to help.&nbsp; This guide to pregnancy discrimination is a valuable resource for working women in New York, providing information on how to protect yourself&hellip;</p>\\n"},{"id":23834,"path":"/blog/equal-pay-laws-in-nj-for-executives-when-do-you-have-a-lawsuit","slug":"equal-pay-laws-in-nj-for-executives-when-do-you-have-a-lawsuit","modified":"2024-04-19T14:16:24","title":"Equal pay laws in NJ for executives: When do you have a lawsuit?","content":"Are you in the financial, tech, or pharmaceutical industry in New Jersey? Do you have the feeling – a hunch – that you are not being paid less than men in the same or similar jobs? In New Jersey, the New Jersey Law Against Discrimination (NJLAD) expands the equal pay protections under federal law and makes it easier for you to recover. What is the law in New Jersey on Unequal Pay? The New Jersey Law Against Discrimination (NJLAD) protects specific classes from receiving less compensation or benefits than those not members of that class if both employees perform similar work and have similar skills, effort, and responsibility. This law requires employees performing similar work to be paid the same despite their title. Employers can pay employees varying wages by proving such a decision was due to seniority, merit, quantity, quality, or other factors such as training, education, experience, quality, or quantity. Who is Covered? The Equal Pay Act only regards gender as a protected class, but the NJLAD expanded to include race, creed, color, national origin, nationality, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait, and military status. This law notably encapsulates more protected classes than many other laws in the country.&nbsp; What can I get? Employees can collect triple damages for the wages they were denied under the NJLAD. Employees can also be awarded attorney fees from the court. The statute of limitation on equal pay claims in New Jersey is six years. An experienced employment attorney can calculate your damages for you and tell you what your potential recovery is. Also, you don’t necessarily need to file a lawsuit – an employment lawyer can help you try to settle confidentially by sending a letter or taking control of your severance negotiation and leveraging your unequal pay claims to make sure you are paid what you deserve. Contact The Working Solutions Law Firm Today Do you have a hunch you were denied equal pay?&nbsp; If so, the employment lawyers at Working Solutions Law Firm, located in Livingston, New Jersey, and in New York City can provide a free legal screening and help you figure out your next steps. Contact us today at (646) 430-7930 and talk to someone today!","excerpt":"<p>Are you in the financial, tech, or pharmaceutical industry in New Jersey?&nbsp; Do you have the feeling – a hunch – that you are not being paid less than men in the same or similar jobs? In New Jersey, the New Jersey Law Against Discrimination (NJLAD) expands the equal pay protections under federal law and&hellip;</p>\\n"},{"id":23827,"path":"/blog/i-think-my-employer-pays-men-more-than-women-for-the-same-or-similar-job-is-that-legal-does-the-location-where-i-work-matter-what-do-i-do-about-it","slug":"i-think-my-employer-pays-men-more-than-women-for-the-same-or-similar-job-is-that-legal-does-the-location-where-i-work-matter-what-do-i-do-about-it","modified":"2024-04-17T19:54:41","title":"I think my employer pays men more than women for the same or similar job. Is that legal? Does the location where I work matter? What do I do about it?","content":"Employment lawyers are asked these questions constantly. Why?&nbsp; More than any other type of employment law violation, equal pay violations start with nothing more than a hunch.&nbsp; They live in the shadows.&nbsp; Just a hunch that a man with the same or similar title and experience is making more than you are. And in my experience, that hunch is 100% accurate.&nbsp; I cannot recall a single instance where one of those hunches didn’t later result in a happy and wealthier client. So the answers to these questions are as follows: \\nNo; 2. Yes; and 3. Call us and we’ll talk with you about it for free.\\n It is not surprising that woman in the United States often feel like they are paid less than their male colleagues.&nbsp; A March 8, 2024, report from the Economic Policy Institute found that “Women are paid roughly 22% less than men on average.”&nbsp; The study found “There has been little progress in narrowing this gender wage gap over the past three decades.”&nbsp; The study also found that the gender pay gap is most severe for Black and Hispanic women. This is why the hunch is usually accurate  discrimination in pay – commonly referred to as “unequal pay” -, is very common.&nbsp; All women will experience some degree of it in their lifetime.&nbsp; What most women don’t know is that there are large penalties associated with these claims that make them very appealing.&nbsp; Trust the Hunch Here’s why you should trust your hunch even if you don’t know your male colleagues pay or have other evidence: \\nUnequal pay violations based on gender are so common they likely will impact all women at some point in their career. 9 times out of 10 there is a way to find out what the men are making even if you don’t know right away. You don’t need pay statements of others to file a lawsuit – we can get them in discovery. You can negotiate a resolution by sending a letter or even simply an increase in severance pay based on unequal pay violations without ever having to file a lawsuit. Employment lawyers are very good and finding the evidence you need even if you don’t know where to look.&nbsp;\\n Also, if you work in the financial industry or in tech in the major finance and tech cites – think Boston, New York and San Francisco – then there is a strong change you will face pay discrimination at some point in your career given the prevalence of gender based unequal pay in those industries. What Can I Get? The federal Equal Pay Act requires employers to pay men and women the same wages for performing “substantially equal work” in the same workplace.&nbsp; To determine if jobs are “substantially equal,” courts look at the actual job requirements and duties, not just job titles or descriptions. As long as the work requires equal effort, skill, and responsibility under similar working conditions, the employees must be paid equally regardless of sex.&nbsp; Employees who have faced sex-based wage discrimination can file a claim under the Equal Pay Act and recover the difference in pay as well as an equal amount in penalties and attorneys’ fees. Triple Damages in New York and Massachusetts State laws often provide even greater protection against pay discrimination and larger penalties than federal law.&nbsp; In 2019, New York’s Equal Pay Act was amended to expand protection for discriminatory pay practices to classes other than sex, including race, color, and disability.&nbsp; The New York legislature also lowered the standard for plaintiffs by broadening the pool of comparators to those who performed “substantially similar work” rather than “equal work.” The Massachusetts Equal Pay Act was significantly strengthened in 2016. The Massachusetts law prohibits employers from paying employees of different genders different wages for comparable work. Successful plaintiffs can recover up to three times the amount of unpaid wages, as well as attorneys fees. Contact The Working Solutions Law Firm Today An experienced employment lawyer can find evidence of discrimination in pay. When an employee sues an employer for discrimination in pay the employer can be forced to disclose what it pays to men and women in the discovery process. Contact our law firm for a free legal screening at 646-430-7930 – listen to the hunch! It will pay off – literally.","excerpt":"<p>Employment lawyers are asked these questions constantly.&nbsp; Why?&nbsp; More than any other type of employment law violation, equal pay violations start with nothing more than a hunch.&nbsp; They live in the shadows.&nbsp; Just a hunch that a man with the same or similar title and experience is making more than you are. And in my&hellip;</p>\\n"},{"id":23816,"path":"/blog/3-steps-towards-recovering-unpaid-commissions-after-being-fired-in-massachusetts","slug":"3-steps-towards-recovering-unpaid-commissions-after-being-fired-in-massachusetts","modified":"2024-04-15T14:19:27","title":"3 Steps Towards Recovering Unpaid Commissions After Being Fired in Massachusetts.","content":"In Massachusetts, if you are owed unpaid commissions after being fired, you have rights protected by the Massachusetts Wage Act and other labor laws. It’s important to consult a Massachusetts employment lawyer to assist you in understanding how to recoup commissions that are owed to you. Here are three steps to begin the process of recouping those commissions: \\nGather your documents: The first step is to collect any documentation you have regarding your commissions. This includes any commission plan issued by your employer, employee handbook, payment schedules for past commissions, and historical sales data. A Massachusetts employment lawyer will review these documents to help you understand your rights to those commission payments. Consult with an Attorney: Massachusetts’ laws governing the payment of commissions to employees are unique and employee-friendly. The Massachusetts Wage Act requires that employees receive all earned wages, including commissions, in a timely manner. To understand what “earned” wages and commissions means in Massachusetts, it is important that you consult a Massachusetts employment lawyer. File a Wage Complaint: If attempts to resolve the issue directly with your employer are unsuccessful, you can file a wage complaint with the Massachusetts Attorney Generals Office or the Massachusetts Department of Labor. Consulting with a Massachusetts employment lawyer is essential to understanding strategies for resolving your dispute. A Massachusetts employment lawyer can investigate your claim and take action on your behalf if they find that your employer violated state labor laws in withholding your commissions.\\n CONTACT THE WORKING SOLUTIONS LAW FIRM TODAY Remember that every situation is unique, so its essential to seek personalized legal advice to understand the best course of action for your specific circumstances. Working Solutions Law Firm has extensive experience handling commissions disputes, and we practice in Massachusetts. Call our firm at (646) 430-7930 for a free screening.","excerpt":"<p>In Massachusetts, if you are owed unpaid commissions after being fired, you have rights protected by the Massachusetts Wage Act and other labor laws. It’s important to consult a Massachusetts employment lawyer to assist you in understanding how to recoup commissions that are owed to you. Here are three steps to begin the process of&hellip;</p>\\n"},{"id":23809,"path":"/blog/mandatory-severance-in-new-jersey-read-about-new-penalties-in-the-amended-nj-mini-warn-act","slug":"mandatory-severance-in-new-jersey-read-about-new-penalties-in-the-amended-nj-mini-warn-act","modified":"2024-04-15T15:41:38","title":"Mandatory Severance In New Jersey? Read about new penalties in the amended NJ mini-WARN Act","content":"Do I Get Severance in New Jersey? \\n New Jersey now has mandatory severance for certain eligible layoffs following passage of the most expansive layoff-protection law in the country.  On January 10, 2023, the New Jersey governor, Phil Murthy, signed off on an amendment effective April 10, 2023, to the 2007 Millville Dallas Airmotive Plant Job Loss Notification Act, most commonly known as the NJ mini-WARN Act. The NJ mini-WARN act requires mandatory notice and severance pay in qualifying layoffs (more than 50 employees impact) with the goal of helping terminated workers find new employment. The amendment lengthens the notice period to 90 days from 60 days, and requires mandatory severance pay. It also expands the term employer to those with 100 or more employees, regardless of full-time or part-time status. What Is Mandatory Severance Pay for NJ Employees? For eligible layoffs the amendment mandates a week of severance for each year of service for terminated employees regardless of whether employers follow the notice period, and affirms that severance cannot be contingent on the release of employment claims. If employers do not comply with the notice period, they must provide another four weeks of severance as a penalty. Employees are still entitled to other severance pay from any collective bargaining or other policies of the employers in addition to the other aforementioned mandatory severance pay. The mandatory severance aims to discourage mass layoffs by making it more costly for employers. If my NJ employer does not pay the mandatory severance, do they have to pay fines? Yes.&nbsp; If employees fail to pay the required severance, this is regarded as an “unpaid wages” under the New Jersey Wage Payment Law (NJWPL). Under the NJWPL, employees can recover attorneys’ fees and damages of up to 200 percent of the wages recovered. First-time employer violations of NJWPL can receive fines between $500 and $1,000 and/or imprisonment between ten and 90 days. Subsequent violations are subject to a fine between $1,000 and $2,000 and/or imprisonment between 10 and 100 days. If my employer does not pay me severance pay under New Jersey law, what should I do? You should hire a qualified employment lawyer with lawyers admitted in New Jersey.&nbsp; You can bring both NJ Mini-Warn Act claims and unpaid wage claims.&nbsp;  Contact Our New Jersey Employment Lawyers at The Working Solutions Firm Today The employment lawyers at the Working Solutions law firm, with offices in Livingston, New Jersey have handled unpaid severance and WARN Act claims for a decade. We have attorneys admitted in New Jersey.&nbsp; Contact us today at (646) 430-7930 or click this link and fill out the form to schedule a free case evaluation.&nbsp;","excerpt":"<p>Do I Get Severance in New Jersey? New Jersey now has mandatory severance for certain eligible layoffs following passage of the most expansive layoff-protection law in the country.&nbsp; On January 10, 2023, the New Jersey governor, Phil Murthy, signed off on an amendment effective April 10, 2023, to the 2007 Millville Dallas Airmotive Plant Job&hellip;</p>\\n"},{"id":23788,"path":"/blog/can-i-get-my-bonus-after-termination-under-massachusetts-law","slug":"can-i-get-my-bonus-after-termination-under-massachusetts-law","modified":"2024-04-01T15:52:41","title":"Can I Get My Bonus After Termination Under Massachusetts Law?","content":"The metro Boston area is growing in population and job creation is at an all-time high. Many jobs are being added in Boston’s financial, health care and medical research, and technology industries. In these industries, it is common for employees to be compensated with a guaranteed or discretionary year end bonus. If you find yourself facing termination, understanding your rights regarding whether your bonus should be paid to you is crucial. Bonus payouts post-termination in Boston involve numerous legal questions that a Massachusetts employment lawyer can help you with. Here are five things you should consider: \\nUnderstand Your Bonus Structure: Bonuses serve as incentives offered by employers to reward employees for exceptional performance, meeting targets, or achieving specific goals. They can be structured in various forms, such as performance-based bonuses, profit-sharing bonuses, or revenue-based bonuses. While some bonuses are guaranteed, others may be discretionary, subject to the employer’s discretion. Contractual Agreements: Your entitlement to a bonus post-termination largely hinges on the terms outlined in your employment contract or any bonus agreement. In Boston, contractual clauses pertaining to bonuses should be examined closely by a lawyer. Some contracts stipulate that bonuses are only payable if the employee remains employed at the time of payout, while others may provide for pro-rata bonuses based on the period of employment during the bonus cycle. Statutory Protections: Massachusetts employment laws may also determine bonus entitlements after termination. While state law doesn’t explicitly address bonus payments, courts often examine the language of the contract and the circumstances surrounding a termination to ascertain entitlements. Massachusetts courts have upheld the principle of “fair dealing,” implying that employers should act in good faith when making bonus decisions, even after termination. Legal Precedents: Legal precedents in Massachusetts shed light on bonus disputes post-termination. Massachusetts courts have previously ruled in favor of an employee terminated before the bonus payout period, holding that the employee was entitled to a bonus since the termination was deemed unlawful retaliation. Other states do not have this protection – Massachusetts employment law is unique in this way.  Employer Policies and Practices: Understanding your employer’s regular policies and practices regarding bonus payouts is also essential. Some employers may have established practices of paying bonuses to terminated employees, while others may withhold bonuses entirely. Familiarizing yourself with your employer’s bonus policies can provide insight into your entitlements post-termination.\\n Contact The Working Solutions Law Firm! In Boston, as elsewhere, the question of whether you can receive your bonus after termination is a complex legal question. Consulting with an experienced employment attorney can provide guidance in understanding your rights, reviewing contractual agreements, and advocating for your entitlements. If you have questions about whether you are entitled to your bonus post-termination, the first step is to call a lawyer to review your unique situation. Our firm has extensive experience in bonus disputes and we practice in Massachusetts. Call our firm at (646) 430-7930 for a free screening today!","excerpt":"<p>The metro Boston area is growing in population and job creation is at an all-time high.  Many jobs are being added in Boston’s financial, health care and medical research, and technology industries.  In these industries, it is common for employees to be compensated with a guaranteed or discretionary year end bonus. If you find yourself facing&hellip;</p>\\n"},{"id":23782,"path":"/blog/attention-shoppers-were-looking-for-app-based-shoppers-and-would-like-to-hear-from-you","slug":"attention-shoppers-were-looking-for-app-based-shoppers-and-would-like-to-hear-from-you","modified":"2024-04-10T19:40:40","title":"Attention Shoppers!  We’re Looking for App-Based Shoppers And Would Like to Hear From You.","content":"Do you work as a grocery or retail shopper for an app-based delivery service?  Do you feel like you are working tirelessly with little or nothing to show for it as a gig economy shopper?&nbsp; Are you saying to yourself, “Something isn’t right about how I am getting paid.”?&nbsp; Are you driving for hours making deliveries each day sometimes putting in 10, 11, 12 hours a day?&nbsp; On some days, are you paid less than the minimum wage or – worse – nothing after paying for gas? Are you unable to speak with a human being about the situation? Our firm has been listening to complaints from grocery and retail shoppers and we agree – something is not right.&nbsp; App-based shoppers work under different terms and conditions and pay agreements than either food delivery service (Doordash, Seamless) or ride hailing app workers (Uber, Lyft).&nbsp; Based on our investigation, the standard agreements shoppers sign are less fair than food delivery or ride hailing service agreements.&nbsp; We noticed this trend as we listened to calls from shoppers across the country call with the same problems – we investigated and did some research.&nbsp; As it turns out, some of the shoppers who work for these apps filed complaints with their state Department of Labor or with an arbitration panel for illegal worker classification, unpaid unemployment benefits, unpaid tips, unpaid wages and even penalties….and from what we have seen…they keep winning.&nbsp; Isn’t that nuts?!&nbsp; Retail and grocery shoppers – we’ve been impressed with your stories of persistence in asserting your right to be paid lawfully and receive unemployment benefits.&nbsp; You are an organized and determined bunch.&nbsp; Many of you have obtained results before the Department of Labor or in confidential arbitrations – sometimes without a lawyer – that are unusually strong.&nbsp; App-based shopping service companies, the gig is up. Our law firm is now investigating all gig economy app-based grocery and retail shopping services for worker misclassification, unpaid wages, unpaid tips and general mayhem in paying Shoppers.&nbsp;&nbsp; Shoppers, we invite you to call or submit a form and participate in our investigation.&nbsp; We’d like to ask you some questions.&nbsp; Contact the Working Solutions Law Firm! Call us at (646) 430-7930 and explain that you are calling to participate in the “Shopper” investigation.&nbsp; We will set up a time to speak with you.&nbsp; Or you can fill out the form on this page with the title “Shopper” and someone will call you back.&nbsp; We’re looking forward to hearing from you!&nbsp;","excerpt":"<p>Do you work as a grocery or retail shopper for an app-based delivery service?&nbsp; Do you feel like you are working tirelessly with little or nothing to show for it as a gig economy shopper?&nbsp; Are you saying to yourself, “Something isn’t right about how I am getting paid.”?&nbsp; Are you driving for hours making&hellip;</p>\\n"},{"id":23778,"path":"/blog/what-to-know-if-you-plan-to-take-parental-leave-in-massachusetts","slug":"what-to-know-if-you-plan-to-take-parental-leave-in-massachusetts","modified":"2024-10-15T01:39:34","title":"What To Know If You Plan To Take Parental Leave In Massachusetts","content":"In Massachusetts, employees are entitled to certain benefits intended to help manage their health and that of their family members. Previously known as Massachusetts Maternity Leave, the Massachusetts Parental Leave Act is a benefit that many employees are entitled to depending on a few workplace factors. With the law now being gender neutral, it applies to all new parents regardless of their gender.  The Parental Leave Act The Parental Leave Act applies to Massachusetts employers with six or more employees. Under the law, these employers are required to provide employees with eight weeks of unpaid leave for the purpose of giving birth or for adopting a child (under age of 18, or under the age of 23 for individuals with mental or physical disabilities). An employee is eligible for Parental Leave after completing the initial probationary period of employment, which is set by the terms of employment, but cannot exceed three months. Employees looking to take Parental Leave must provide their employer with at least two weeks’ notice of their anticipated departure date and state that they intend to return to work, but they are not required to specify a return date. The law does permit employees to provide shorter notice if the delay is for reasons beyond their control. Massachusetts does not require individuals to register or apply with the state to benefit from Parental Leave.&nbsp; Employer Responsibilities Of The Parental Leave Act The Parental Leave Law has many requirements for its applicable employers: \\nMassachusetts employers are required to keep a posting in an evident place that describes the Parental Leave Law’s requirements and the employer’s policies surrounding parental leave.&nbsp; Employees on parental leave for the adoption of a child are entitled to the same benefits offered to an employee on leave for the birth of a child.&nbsp; If two employees are giving birth to or adopting the same child, the two employees are entitled to a total of 8 weeks of leave If an employer provides parental leave for longer than eight weeks, they must reinstate an employee at the end of the extended leave\\n\\nUnless the employer informs the employee in writing before the leave, and before any extension of that leave, that taking longer than eight weeks of leave will result in the denial of reinstatement or the loss of other rights and benefits&nbsp;\\n\\n\\n Contact the Working Solutions Law Firm Today Do you want to know more about your rights to Parental Leave? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in Boston, Massachusetts, Livingston, New Jersey and in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including sexual harassment and FMLA violations. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In Massachusetts, employees are entitled to certain benefits intended to help manage their health and that of their family members. Previously known as Massachusetts Maternity Leave, the Massachusetts Parental Leave Act is a benefit that many employees are entitled to depending on a few workplace factors. With the law now being gender neutral, it applies&hellip;</p>\\n"},{"id":23771,"path":"/blog/sex-and-age-discrimination-lawsuit-brought-against-tiktok-and-bytedance","slug":"sex-and-age-discrimination-lawsuit-brought-against-tiktok-and-bytedance","modified":"2024-04-15T20:12:10","title":"Sex and Age Discrimination Lawsuit brought against TikTok and ByteDance","content":"Former TikTok executive Katie Ellen Puris is suing TikTok and its parent company ByteDance over accusations of wrongful termination. Her claims are of age discrimination and gender discrimination. The former employee alleges that ByteDance Chairman Lidong Zhang pushed her out of the company because she lacked the docility and meekness specifically required of female employees. Having previously worked for Google and Facebook global marketing initiatives, Puris joined TikTok in December 2019. She was appointed the managing director and US Head of business marketing. After two months, she was quickly promoted to lead the global business marketing team. Through this experience, she changed the way businesses interact with TikTok. On September 23, 2022, Puris emailed a supervisor over concerns about workplace sex and age discrimination. Days later, citing “performance reasons”, Puris was fired. Puris is asking the court for an injunction and permanently prohibiting TikTok from engaging in sex and age discrimination. She also wishes to see the damages assessed in trial. Gender Discrimination while at TikTok Puris accuses ByteDance Chairman Zhang of holding discriminatory beliefs against female employees, suggesting they should be “meek”, “docile”, “and quiet”. The Plaintiff suspects that the Chairman targeted her because she did not fit the stereotypical gender mold he wishes to see in female employees. Puris alleges that Chairman Lidong Zhang disliked or disapproved of a presentation that she led “celebrating her team’s successes and achievements” because he believes, “women should always remain humble and express modesty”. Puris also recalls an experience in which a TikTok advertising partner drunkenly sexually harassed her at a work event. She reported a complaint, which was not taken seriously.&nbsp; Age Discrimination while at TikTok Puris, who was about to turn 50, also alleges that other executives of the company expressed a preference for hiring younger employees. They used reasoning that younger employees were more “pliable” and “innovative”. A manager expressed that the company wanted fewer “high-level employees” which Puris recognized as regarding her age. Puris reports receiving multiple negative performance reviews from supervisors mentioning her age, yet when she requested feedback, she was denied.&nbsp; Contact the Working Solutions Firm Today Have you faced sex or age discrimination? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. &nbsp; Our employment lawyers specialize in many areas of the law, including WARN Act cases. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Former TikTok executive Katie Ellen Puris is suing TikTok and its parent company ByteDance over accusations of wrongful termination. Her claims are of age discrimination and gender discrimination. The former employee alleges that ByteDance Chairman Lidong Zhang pushed her out of the company because she &#8220;lacked the docility and meekness specifically required of female employees&#8221;.&hellip;</p>\\n"},{"id":23767,"path":"/blog/ny-times-former-worker-claims-disability-discrimination-and-retaliation-in-lawsuit","slug":"ny-times-former-worker-claims-disability-discrimination-and-retaliation-in-lawsuit","modified":"2024-03-18T19:37:59","title":"NY Times Former Worker Claims Disability Discrimination and Retaliation in Lawsuit","content":"The New York Times has allegedly fired an accessibility manager after she began raising concerns about their compliance with disability access standards. After voicing her concerns, Chandra Carney, former senior program manager for disability accessibility, asked for time off to undergo brain surgery and was terminated shortly after. Last Wednesday Carney accused The New York Times Co. of violating New York State Human Rights Law in threatening to give her a negative performance review when she pushed back against attempts to restrict accessibility efforts and for firing her one week after requesting time off for surgery.  Carney began working at The New York Times in September 2022 and was in charge of improving the accessibility of the company’s products for people with disabilities. Carney claims that when she presented her boss with an accessibility plan, the manager attempted to limit the efforts only to particular areas of the company in order to reduce cost and time. When Carney pushed back and informed her boss and the company’s legal department that failure to act on the plans would place them out of compliance with disability access standards, her boss told her to not raise the issue anymore and reminded her that performance reviews would be happening soon. Although Carney’s interactions with her boss became increasingly hostile, she still received positive feedback from others she worked with. In February 2023 when Carney told her manager she would need time off for brain surgery in the spring, the manager postponed Carney’s performance review by one week. When Carney came for the performance review, human resources was also present and the manager informed her that she was being let go because it was “time to part ways,” according to the complaint. Carney also affirms that she was never placed on a performance improvement plan even though The New York Times does use them as a management tool.  The New York Times released a statement to Law360 stating that the company disagrees with Carney’s timeline and characterization of events. They stated that they remain confident in their actions and that the company did not know the full details of Carney’s medical condition until after her termination.&nbsp; Employment Rights of Persons with Disabilities in NY The New York State Human Rights Law protects individuals from discrimination based on their disabilities. The NYS Human Rights Law defines a disability as:&nbsp; \\nA physical, mental or medical impairment prevents the exercise of a normal bodily function or is demonstrable by medically accepted diagnostic techniques, or A record of such an impairment, or A condition regarded by others as such an impairment\\n It is unlawful to discriminate against individuals with a disability in hiring, job advancement, work training, compensation, or other terms and conditions of employment. It is also unlawful for an employer to take discriminatory action because of a history or perception of a disability. Taking discriminatory action against an employee for filing a complaint of discrimination is retaliation and also considered unlawful under the NYS Human Rights Law. Employees that believe they have been discriminated against can file a complaint with the New York State Department of Labor’s Division of Equal Opportunity Development.&nbsp;&nbsp; Contact the Working Solutions Law Firm Today Have you faced workplace discrimination due to a disability? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in Livingston, New Jersey and in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The New York Times has allegedly fired an accessibility manager after she began raising concerns about their compliance with disability access standards. After voicing her concerns, Chandra Carney, former senior program manager for disability accessibility, asked for time off to undergo brain surgery and was terminated shortly after. Last Wednesday Carney accused The New York&hellip;</p>\\n"},{"id":23754,"path":"/blog/navigating-severance-agreements-in-boston-3-crucial-considerations-before-signing","slug":"navigating-severance-agreements-in-boston-3-crucial-considerations-before-signing","modified":"2024-03-18T17:14:49","title":"Navigating Severance Agreements in Boston: 3 Crucial Considerations Before Signing","content":"Severance agreements are binding contracts that warrant careful consideration. Whether youre facing a layoff, termination, or voluntary departure from your job in Boston, its essential to understand the implications of a severance agreement presented to you. Here are three critical factors to keep in mind before signing. \\nKnow Your Rights Under Massachusetts Law: Before agreeing to the terms in a severance agreement, make sure you know the employment laws specific to Massachusetts. The state provides certain protections to employees, including rights regarding minimum wage, overtime pay, and discrimination. Understanding your rights can help you assess whether there are any legal claims to leverage to enhance your severance package.\\n Massachusetts law requires that employees over the age of 40 be given at least 21 days to review a severance package. Those under 40 should also be given a “reasonable” amount of time to review. Use this time to call an attorney who can assess whether you have claims you can leverage to negotiate a better package. Rushing into signing without fully comprehending your rights could lead to unintended consequences down the line. \\nEvaluate the Terms: Severance agreements often contain provisions that go beyond simply providing financial compensation upon termination. Take the time to review more than just the amount you will receive, pay close attention to:\\n \\nFinancial Compensation: Understand not just the amount of severance pay youre being offered, but also how it will be disbursed. Understand if the timing of payment, or lump sum versus continued salary, may impact your entitlement to other benefits (i.e., unemployment benefits).\\n \\nNon-Compete, Non-Solicitation and Non-Disclosure Clauses: Determine whether the agreement includes restrictive covenants, or references previously signed restrictions, that could limit your ability to work for competitors or disclose confidential information post-employment. These clauses can significantly impact your career opportunities, so negotiate terms that are fair and reasonable before signing.\\n \\nRelease of Claims: Many severance agreements require employees to waive their right to pursue legal action against the employer in exchange for the severance pay. Carefully consider whether youre comfortable relinquishing your ability to file discrimination, harassment, or unpaid wage claims before signing.\\n \\nSeek Legal Advice: Given the complexities involved in severance agreements, consulting with an experienced employment lawyer in Boston is highly recommended. An attorney can review the agreement, explain its implications, and advise you on whether the terms are fair and enforceable under Massachusetts law. They can also help you negotiate more favorable terms or suggest amendments to protect your interests.\\n Signing a severance agreement is a significant decision that can have long-term implications for your career and financial well-being. Before finalizing any agreement, take the time to educate yourself about your rights, carefully evaluate the terms and conditions, and seek legal guidance if necessary. Doing so can ensure that the severance agreement aligns with your best interests and protects your rights as an employee in Boston. Contact the Working Solutions Law Firm! Did your employer offer you a severance agreement? If so, seek legal consultation from the&nbsp;employment lawyers&nbsp;at the Working Solutions law firm, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;FMLA&nbsp;and&nbsp;unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Severance agreements are binding contracts that warrant careful consideration. Whether you&#8217;re facing a layoff, termination, or voluntary departure from your job in Boston, it&#8217;s essential to understand the implications of a severance agreement presented to you. Here are three critical factors to keep in mind before signing. Massachusetts law requires that employees over the age&hellip;</p>\\n"},{"id":23743,"path":"/blog/oracle-agrees-to-settle-gender-discrimination-lawsuit","slug":"oracle-agrees-to-settle-gender-discrimination-lawsuit","modified":"2024-03-12T16:30:13","title":"Oracle Agrees to Settle Gender Discrimination Lawsuit","content":"Oracle has agreed to pay a reported $25 million dollars to settle a class action lawsuit in which it is accused of underpaying thousands of female employees in California. A hearing is scheduled for April 8, 2024, to determine whether the court should grant preliminary approval of the Oracle settlement. The settlement covers approximately 4,000 women employed by Oracle in product development, support, and information technology. In addition to a monetary settlement, the proposed agreement provides for an independent expert to review Oracle’s practices and ensure that Oracle is complying with anti-discrimination laws, including state and federal equal pay laws. Gender Discrimination Across Salaries, Bonuses, and Equity Gender discrimination often has a direct impact on compensation, including salaries bonuses, and equity awards. The Equal Pay Act is a federal law that prohibits gender discrimination in compensation by making it unlawful for employers to pay women less for substantially similar work. This includes paying women lower salaries, bonuses, and equity awards (like company stock). Many states, including Massachusetts, also have robust state laws to protect against gender discrimination across employee salaries, bonuses, and equity. The Massachusetts Equal Pay law similarly prohibits employers from discriminating against women by paying them less than men for comparable work. If you believe you are experiencing discriminatory pay practices at your workplace in Massachusetts, it is essential to understand your rights under Massachusetts law, take appropriate actions to protect yourself, and get legal support from a Massachusetts employment lawyer if needed. Contact the Working Solutions Law Firm Today! If you believe you have experienced gender discrimination when it comes to your salary, bonus, or equity, you should contact the Working Solutions Law Firm to understand your rights including the potential to recover damages. Our Massachusetts employment lawyers specialize in many areas of the law, including gender discrimination. Whatever your employment issue is, reach out for a consultation today at (646) 430-7930.","excerpt":"<p>Oracle has agreed to pay a reported $25 million dollars to settle a class action lawsuit in which it is accused of underpaying thousands of female employees in California. A hearing is scheduled for April 8, 2024, to determine whether the court should grant preliminary approval of the Oracle settlement. The settlement covers approximately 4,000&hellip;</p>\\n"},{"id":23735,"path":"/blog/massachusetts-should-i-be-getting-paid-for-my-internship","slug":"massachusetts-should-i-be-getting-paid-for-my-internship","modified":"2024-03-11T17:38:55","title":"Massachusetts: Should I be getting paid for my internship?","content":"Interns in Massachusetts In Massachusetts interns usually must be paid for their time, but there are exceptions when they can be unpaid. The Massachusetts Department of Labor Standards (DLS) sets the determination of who can work as an unpaid intern. Generally, if an intern is receiving academic credit for their work, they can be unpaid. Interns who are not receiving academic credit must be paid at least the state minimum wage of how much?, unless they are considered a ‘trainee’ under state law. To determine whether the intern is a ‘trainee’ and if the workplace qualifies as a ‘training program,’ the DLS utilizes the Primary Beneficiary Test to examine the nature of the intern-employer relationship in regard to who the primary beneficiary of the relationship is.&nbsp; The Primary Beneficiary Test is a seven-factor test that determines the primary beneficiary. The considered factors are as follows:&nbsp; \\nThe extent to which the intern and employer clearly understand that there is no expectation of compensation. Any promise of compensation, whether expressed or implied, suggests that the intern is an employee—and vice versa. The extent to which the internship provides training that would be similar to that given in an educational environment, including clinical and other hands-on training provided by educational institutions. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.\\n No single factor in this test is determinative, they are considered holistically. If the test reveals the intern to be an employee, then they are entitled to the minimum wage and overtime pay. If the test confirms the intern is not an employee, then they are not entitled to pay.&nbsp; Contact the Working Solutions Law Firm Today Are you an unpaid intern legally entitled to compensation? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in Livingston, New Jersey and in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Interns in Massachusetts In Massachusetts interns usually must be paid for their time, but there are exceptions when they can be unpaid. The Massachusetts Department of Labor Standards (DLS) sets the determination of who can work as an unpaid intern. Generally, if an intern is receiving academic credit for their work, they can be unpaid.&hellip;</p>\\n"},{"id":23730,"path":"/blog/fmla-protects-employees-from-points-discipline-systems","slug":"fmla-protects-employees-from-points-discipline-systems","modified":"2024-03-08T17:42:36","title":"FMLA Protects Employees from Points-Discipline Systems","content":"Are you being penalized for taking a sick day or for an FMLA absence? Do you face wrongful termination? Some employers including Amazon and Walmart have adopted discipline systems that result in automatic demerit “points” for unauthorized absences. However, not all policies are created equal, and, whether due to AI-related error or human error, these policies are often implemented in an unlawful manner.  It is unlawful to deduct points from a workers allotted bank of time for an absence protected by the Family and Medical Leave Act (FMLA), or to terminate them for excessive absence of the basis of a leave protected by the FMLA or other antidiscrimination statute. Here’s a recent example  the U.S. Department of Labor recovered $438,625 in back wages and penalties for two former Mercedes-Benz workers in Alabama whose rights under the Family and Medical Leave Act (FMLA) were violated. One employee requested leave to care for a family member while the other requested leave for a “serious personal health condition.”&nbsp; Mercedes-Benz rigidly applied a “point system” and terminated the employees for the absences. The DOL found that Mercedes-Benz failed to inform the employees of their FMLA rights promptly, reinstate them to equivalent positions, accurately record leave, and designate leave appropriately. The company resolved the dispute by agreeing to pay the back pay and liquidated damages. Employers regularly maintain and enforce policies that violate the FMLA and state laws that protect employees who need to take leave from work. In fact, both New York and Massachusetts have specific laws that provide more protections than federal law for those facing termination in light of disability or sickness related leave.&nbsp; For instance, it is unlawful to demote a worker for using New York State or New York City Paid Safe and Sick Leave to take a child to the doctor. Because “no fault” attendance policies that result in termination after a certain number of accrued points are often to blame for wrongful terminations, these types of attendance policies have been banned in New York state, and similar laws are being discussed in other states, including Massachusetts. So what do you do if you face your final “strike” under a no fault attendance policy and you need to take a sick day or FMLA absence?&nbsp; An employment law firm such as ours provides free case screenings and will advise you if you may have a legal case.&nbsp; Contact our firm at (646) 430-7930 for a quick free no-obligation case screening today!","excerpt":"<p>Are you being penalized for taking a sick day or for an FMLA absence? Do you face wrongful termination? Some employers including Amazon and Walmart have adopted discipline systems that result in automatic demerit “points” for unauthorized absences.  However, not all policies are created equal, and, whether due to AI-related error or human error, these&hellip;</p>\\n"},{"id":23725,"path":"/blog/when-am-i-entitled-to-breaks-in-ma-and-ny","slug":"when-am-i-entitled-to-breaks-in-ma-and-ny","modified":"2024-03-04T21:55:08","title":"When Am I Entitled to Breaks?","content":"Under Federal law, the Fair Labor Standards Act does not require employers to provide employees with meal breaks. Still, many individual states have imposed their own laws and regulations to guarantee their workers’ rights to breaks during the work day. Unlike short rest periods of 5-20 minutes, meal breaks are not considered time worked and are not compensable. For employees in the states that do not require meal breaks, it is a matter that needs to be agreed upon between the employer and employee.  What are the break laws in Massachusetts?&nbsp; In Massachusetts, employees that work more than 6 hours during a calendar day have the right to at least a 30-minute meal break. This break can be unpaid and employers have the right to require employees to take their meal breaks. During meal breaks, an employee must be free of all duties and free to leave the workplace. If an employee agrees to work through their meal break or to stay at the workplace during their meal break, the employee must be paid for that time. The only employees excluded from this are those of iron works, glass works, paper mills, letter press establishments, print works, and bleaching or dyeing works. What are the break laws in New York? In New York, employees that work more than 6 hours that extend over the noon day meal period (between 11am and 2pm) are entitled to a 30 minute meal break during the noon-day period. Those that work a shift starting before 11am that continue past 7pm are entitled to the 30 minute meal break during noon-day and an additional 20 minute break between 5pm and 7pm. For factory employees, they are guaranteed an hour meal break during the noon-day period.&nbsp; Contact the Working Solutions Law Firm Today Have you been retaliated against by your employer or misclassified as an independent contractor? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in Livingston, New Jersey and in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Under Federal law, the Fair Labor Standards Act does not require employers to provide employees with meal breaks. Still, many individual states have imposed their own laws and regulations to guarantee their workers’ rights to breaks during the work day. Unlike short rest periods of 5-20 minutes, meal breaks are not considered time worked and&hellip;</p>\\n"},{"id":23720,"path":"/blog/pregnancy-discrimination-in-massachusetts-how-to-fight-when-it-strikes","slug":"pregnancy-discrimination-in-massachusetts-how-to-fight-when-it-strikes","modified":"2024-04-19T15:54:58","title":"Pregnancy Discrimination in Massachusetts: How to Fight When it Strikes","content":"Pregnancy discrimination in the workplace is both insidious and complex – it has evolved in ways that are both more and less subtle. According to research conducted by the Center for Employment Equity at the University of Massachusetts, more women are working later in their pregnancies and facing discrimination when requesting reasonable accommodations for more severe later-stage medical issues which arise, such as requesting additional leave for pregnancy-related diagnosis like gestational diabetes, pregnancy-related carpal tunnel syndrome, or preeclampsia, as covered disabilities.&nbsp; Women often don’t realize that they have separate disability discrimination claims when their pregnancy-related disabilities are not accommodated in the workplace, or when they are retaliated against and fired for requesting them.&nbsp; Pregnant women in the workplace also face rapid discriminatory consequences – the University of Massachusetts research project found that pregnant women are often fired the same day they disclose their pregnancy.&nbsp; In Massachusetts, there are legal protections in place to combat such discrimination. The Massachusetts Pregnant Workers Fairness Act (MPWFA) provides accommodations for pregnant and postpartum employees, including modifying work schedules, light duty assignments, expressing breast milk, and taking frequent bathroom breaks.Despite these legal safeguards, pregnancy discrimination remains prevalent in workplaces across Massachusetts. Many women continue to face negative treatment, such as being denied reasonable accommodations, demoted, passed over for promotion, or even terminated because of their pregnancy status.If a pregnant worker suspects discrimination, steps can be taken to address it, such as keeping records of incidents, reporting to a supervisor or HR representative for failing to approve of a pregnancy-related reasonable accommodation, filing a complaint with the EEOC or Massachusetts Commission Against Discrimination, and consulting with an employment law attorney.It’s crucial for pregnant individuals to be aware of their legal rights under the state laws, as well as federal laws like the Pregnancy Discrimination Act of 1978, the Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA).&nbsp; Pregnant women who experience any pregnancy related health consequence are separately protected under the ADA from retaliation – accommodation requests that are reasonable must be accommodated by your employer and if they are not, or if you are fired for requesting one, you may bring a legal claim.&nbsp;If you believe you are experiencing pregnancy discrimination at your workplace in Massachusetts, it is essential to understand your rights and take appropriate actions to protect yourself and seek legal support if needed. Our firm offers free case consultations to those facing pregnancy and disability discrimination.&nbsp; If we take your case, we usually offer “pay only if we win or settle” fee arrangements.&nbsp; Call now!&nbsp; (646) 430-7930.&nbsp;","excerpt":"<p>Pregnancy discrimination in the workplace is both insidious and complex – it has evolved in ways that are both more and less subtle.&nbsp; According to research conducted by the Center for Employment Equity at the University of Massachusetts, more women are working later in their pregnancies and facing discrimination when requesting reasonable accommodations for more&hellip;</p>\\n"},{"id":23710,"path":"/blog/draftkings-non-compete-agreement-v-fanatics","slug":"draftkings-non-compete-agreement-v-fanatics","modified":"2024-03-01T20:08:50","title":"DraftKings Non Compete Agreement v Fanatics","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; There is a current legal dispute between DraftKings and one of its former executives, Michael Hermalyn, who left his position with DraftKings and joined the industry rival Fanatics. The ongoing dispute revolves around a noncompete agreement between Hermalyn and DraftKings, which Hermalyn signed in his initial employment contract. Hermalyn filed a lawsuit in February citing jurisdictional issues in a California state court.&nbsp; In the suit, Hermalyn alleges that DraftKings noncompete agreement “contain provisions that are illegal and unenforceable in California”.&nbsp; However, the same day the suit was filed, DraftKings argued that the case should be heard in a California federal court as they accused Hermalyn of attempting to use California state laws to evade the noncompete agreements he signed. Shortly thereafter, the statement was coupled with a removal of the case to the California federal court. Since then, the case has been volleyed between both sides from “state to federal to state and no back to federal court again”. Additionally, through the back-and-forth, DraftKings counter-sued Hermalyn in a Massachusetts federal court, alleging that he actively conspired with Fanatics to defect and steal confidential documents to lure high-value gamblers on his way out the door. Hermalyn has contended that the case should remain in a state court while also emphasizing the urgency of the court ruling on his injunction that would prevent DraftKings from enforcing the stipulations in its noncompete. The California federal court has spoken regarding the matter, and directed that the involved parties pursue either court or private mediation before proceeding to trial.&nbsp; &nbsp;Non Compete Agreements in Massachusetts A non-compete agreement is an agreement between an employer and an employee under which the employee agrees that he or she will not engage in certain specified activities competitive with his or her employer after the employment relationship has ended. The period of time after the date of cessation of employment between the employee and the employer is known as a “restricted period”. In Massachusetts, in order for a said agreement to be valid and enforceable certain criteria must be met: \\nAgreement must be in writing, signed by both parties, and allow the employee to consult with counsel. Consideration must be fair and independent from continued employment Ensures financial support for the employee during the restricted period. Aligns with public policy and cannot be enforced against certain workers, such as nonexempt employees (Physicians, Nurses, Psychologists, Social workers), students, laid-off employees, or those under 18. Restrictions also must:\\n\\nProtect legitimate business interests (Trade secrets and confidential information)&nbsp; Be reasonable in duration (no longer than 12 months unless employee breached their fiduciary duty in which case the agreement may not exceed 2 years) Be reasonable in geographical restriction (Limited only to the area the employee provided services for the company over the last two years before employment termination)\\n\\n\\n If your employer has provided you with a noncompete agreement, it is recommended to have such contracts reviewed by an employment attorney.&nbsp; Our attorneys offer strong representation and can help to negotiate fair terms with your employer. We specialize in non compete agreements and would be more than happy to help you, starting with a free case evaluation. Contact the Working Solutions Law Firm Do you need counsel regarding your non compete? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA, non-compete agreements, unpaid wages, and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; There is a current legal dispute between DraftKings and one of its former executives, Michael Hermalyn, who left his position with DraftKings and joined the industry rival Fanatics. The ongoing dispute revolves around a noncompete agreement between Hermalyn and DraftKings, which Hermalyn signed in his initial employment contract. Hermalyn filed a lawsuit in February&hellip;</p>\\n"},{"id":23692,"path":"/blog/working-solutions-law-firm-announces-action-against-major-ny-healthcare-corporation-for-discrimination-in-employee-compensation-and-violations-of-fmla","slug":"working-solutions-law-firm-announces-action-against-major-ny-healthcare-corporation-for-discrimination-in-employee-compensation-and-violations-of-fmla","modified":"2024-03-02T16:42:09","title":"Working Solutions Law Firm Announces Action Against Major NY Healthcare Corporation for Discrimination in Employee Compensation and Violations of FMLA","content":"New York, NY – February 29, 2024 Working Solutions Law Firm, a team of employment attorneys at https://www.workingsolutionsnyc.com/, has announced a new action against K Health, Inc. The case is 1:24-cv-00185 and can be found online at the US District Court, Southern District of New York (https://www.nysd.uscourts.gov/) as well as at https://www.pacermonitor.com/public/case/51967706/Cai_v_K_Health_Inc.  “Women in senior management can unfortunately face discrimination in employee compensation, unnecessarily difficult working conditions, and violations of the FMLA (Family and Medical Leave Act),” explained Brendan Sweeney, a Partner at the law firm. \\nLaw about employment discrimination and a gavel on the table. Here is background on the case. Ms. Cai was hired by K Health in 2021 as its first female Head of Engineering.&nbsp; She performed at a high level and was extremely successful.&nbsp; Despite this, she alleges that she was treated less favorably than her male counterparts.&nbsp; Ms. Cai took leave to address a health issue.&nbsp; When she returned, she was treated even worse.&nbsp; Ms. Cai repeatedly complained about discrimination at K Health, but nothing was done to address her concerns.&nbsp; In late 2022, she decided to resign.&nbsp; As is common amongst tech startups, stock options were a significant component of Ms. Cai’s compensation.&nbsp; The Complaint alleges that she was awarded significantly fewer options than her male counterparts.&nbsp; At the time she decided she had to resign, Ms. Cai’s options were underwater.&nbsp; She asked K Health’s leaders to adjust the option strike price so that she would receive some value from her options, in light of the significant contributions she made to the Company.&nbsp; Approximately one week after she submitted her resignation, K Health reduced the option strike price for all employees who had been awarded options, except employees who had already submitted resignation letters.&nbsp; The Complaint alleges that K Health excluded Ms. Cai from the benefit of a reduced strike price because of her gender and to retaliate against her.&nbsp;&nbsp; Interested press seeking interview opportunities are encouraged to visit the Working Solutions Law Firm website at https://www.workingsolutionsnyc.com/ and submit a contact form asking for an interview. Persons who believe that they may have need of a discrimination attorney in New York can visit https://www.workingsolutionsnyc.com/for-employees/discrimination. The law firm offers a free, confidential consultation to any person who believes that they have been subject to employment discrimination issues. ABOUT WORKING SOLUTIONS LAW FIRM Working Solutions Law Firm is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY – February 29, 2024 Working Solutions Law Firm, a team of employment attorneys at https://www.workingsolutionsnyc.com/, has announced a new action against K Health, Inc. The case is 1:24-cv-00185 and can be found online at the US District Court, Southern District of New York (https://www.nysd.uscourts.gov/) as well as at https://www.pacermonitor.com/public/case/51967706/Cai_v_K_Health_Inc.&nbsp; “Women in senior&hellip;</p>\\n"},{"id":23698,"path":"/blog/working-solutions-law-firm-announces-action-against-major-ny-financial-corporation-for-discrimination-in-employment-and-employee-compensation","slug":"working-solutions-law-firm-announces-action-against-major-ny-financial-corporation-for-discrimination-in-employment-and-employee-compensation","modified":"2024-03-02T16:40:39","title":"Working Solutions Law Firm Announces Action Against Major NY Financial Corporation for Discrimination in Employment and Employee Compensation","content":"New York, NY – February 29, 2024. Working Solutions Law Firm, a team of employment attorneys at https://www.workingsolutionsnyc.com/, has announced a new action against Nomura Securities International, Inc. The case can be found online at the US District Court, Southern District of New York (https://www.nysd.uscourts.gov/). The case has also been reported in the press at https://www.reuters.com/business/finance/nomura-is-sued-by-former-researcher-over-alleged-gender-bias-2024-01-23/ among other websites. Close-up businesspeople shaking hands and giving bribes or wages. “Financial services in New York, not just on Wall Street but in Midtown, can be a very tough and yet profitable career. That said, there is no excuse for different rules for men and women, nor for discrimination against women in employment or compensation,” explained Brendan Sweeney, a Partner at the law firm. Here is background on the case. Ms. Feng, a highly qualified Associate Quantitative Researcher with a Doctorate in Economics from the University of Illinois, joined Nomuras New York City office in August 2020. She faced gender-based challenges as the sole woman on the Equity Derivatives Quantitative Team (EDQ). Despite encountering dismissive behavior from management, her complaints led to temporary improvements. Her competence was recognized with a promotion to VP in April 2022, alongside a salary increase to $200,000. However, persistent discrimination emerged as Nomura expanded its team. Despite her expertise, Ms. Feng faced unequal treatment compared to male colleagues. Issues worsened with the companys unresponsiveness to her concerns and unreasonable demands during required medical treatment. Despite efforts to address workplace discrimination, her termination in July 2023 heightened her emotional distress. Interested press seeking interview opportunities are encouraged to visit the Working Solutions Law Firm website at https://www.workingsolutionsnyc.com/ and submit a contact form asking for an interview. Persons who believe that they may benefit from a top-rated discrimination attorney in New York can visit https://www.workingsolutionsnyc.com/for-employees/discrimination. The law firm offers a free, confidential consultation to any person who believes that they have been subject to employment discrimination issues. The law firm seeks to be the best New York City team of attorneys for employment discrimination issues one client at a time. ABOUT WORKING SOLUTIONS LAW FIRM Working Solutions Law Firm is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY – February 29, 2024. Working Solutions Law Firm, a team of employment attorneys at https://www.workingsolutionsnyc.com/, has announced a new action against Nomura Securities International, Inc. The case can be found online at the US District Court, Southern District of New York (https://www.nysd.uscourts.gov/). The case has also been reported in the press at&hellip;</p>\\n"},{"id":23707,"path":"/blog/asian-american-women-face-unequal-pay-at-higher-rates-than-other-minority-groups","slug":"asian-american-women-face-unequal-pay-at-higher-rates-than-other-minority-groups","modified":"2024-02-29T21:11:53","title":"Asian American Women Face Unequal Pay at Higher Rates Than Other Minority Groups","content":"At the Working Solutions Law Firm, we recently did some informal research on trends in the discrimination cases we take. There were many interesting patterns, but none more stark than those involving Asian American women and equal pay claims: nearly all of the gender-based unequal pay cases we have taken since the firm started involved Asian American women. A review of open sources and research on the subject confirms this trend. Asian American and Pacific Islander women earn less in the workforce and are underpaid when compared to white men in similar jobs. In fact, Asian American women are paid just 92 cents for every dollar paid to white men. The disparity is worse in certain Asian American and Pacific Islander communities, with Bhutanese women earning only 48 cents for every dollar white men earn. The overall pay gap for all Asian American and Pacific Islander women is reported at $0.85 for every dollar paid to white men.  Factors other than gender also contribute to the pay gap and gender discrimination in the workplace, including cultural norms, immigration status, and limited access to benefits like paid leave and healthcare. To address these challenges and combat the gender pay gap affecting Asian American and Pacific Islander women, it is crucial to collect more data on subgroups to better understand and address the root causes of these disparities. Additionally, raising awareness about the unique experiences and struggles faced by different Asian American and Pacific Islander communities is essential in advocating for policy changes that promote pay equity and economic empowerment for all women. For more information, or if you believe you have a legal claim for gender discrimination or unequal pay, please contact our law firm for a free case screening at (646) 430-7930.","excerpt":"<p>At the Working Solutions Law Firm, we recently did some informal research on trends in the discrimination cases we take.  There were many interesting patterns, but none more stark than those involving Asian American women and equal pay claims: nearly all of the gender-based unequal pay cases we have taken since the firm started involved&hellip;</p>\\n"},{"id":23702,"path":"/blog/what-is-the-massachusetts-time-rounding-policy-for-hourly-workers","slug":"what-is-the-massachusetts-time-rounding-policy-for-hourly-workers","modified":"2024-02-29T20:48:12","title":"What is the Massachusetts Time Rounding Policy for Hourly Workers?","content":"Time Clock Rounding is rounding up or down the actual working hours of an employee based on previously decided standardized increments of time. Massachusetts Law allows employers of hourly workers to round clock time by 15 minutes, 6 minutes, or 5 minutes with the condition that “working time averages out over a reasonable period of time so that an employee is fully compensated for all the time he or she actually worked.” For example, if a company is rounding on 15-minute increments, and an employee is seven minutes late arriving at 8:07 they will get paid as if they arrived at 8:00. On the other hand, if they arrive at 8:11 then they will only be paid from 8:15 even if they are working those 4 minutes. Although this rounding can seem insignificant, it can add up. If an employee is working 4 minutes for free each week, thats 20 minutes for a 5-day work week and up to 1040 minutes for the whole year of unpaid work time.  Why use Time Clock Rounding? The main argument for using Time Clock Rounding is convenience and flexibility. Employers have argued it simplifies and reduces calculations and administrative time. For employees, there can be more flexibility. If an employee is a few minutes late to work or has to leave a few minutes early for a doctor’s appointment, with time clock rounding, their pay could be unaffected.&nbsp; Restrictions on Time Clock Rounding? All usage of time clock rounding must follow the Fair Labor Standards Act (FLSA) which states companies can only round in 15-minute increments, 6-minutes, or 5-minutes. Overall, employers must be fair to employees, meaning the usage is meant to benefit employees.&nbsp; “Presumably, these arrangements average out so that the all of the time actually worked by the employee is properly counted and the employee is fully compensated for all the time actually worked.” The Fair Labor Standards Act Even if time clock rounding, employers must keep their accurate record of employee time for at least 3 years in case an issue arises where records need to be reviewed Potential downsides of Time Clock Rounding Time Clock Rounding can be flexible and convenient but it can also lead to wage theft, inaccuracy in timetables, and an unmotivated workplace. In the workplace, time clock rounding can lead to employees feeling suspicious and that their time and work aren’t being valued and appreciated.&nbsp; Alternative ways to track employee time&nbsp; New digital tools allow for more accurate tracking of workers’ time and often include a built-in payroll system for convenience. These devices can be a more efficient way to document employee hours while avoiding potential FLSA violations.&nbsp; Contact the Working Solutions Firm Today Have you faced height or weight-based discrimination? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. &nbsp; Our employment lawyers specialize in many areas of the law, including WARN Act cases. Whatever your employment issue is, please reach out for a consultation today.&nbsp;","excerpt":"<p>Time Clock Rounding is rounding up or down the actual working hours of an employee based on previously decided standardized increments of time. Massachusetts Law allows employers of hourly workers to round clock time by 15 minutes, 6 minutes, or 5 minutes with the condition that “working time averages out over a reasonable period of&hellip;</p>\\n"},{"id":23689,"path":"/blog/ex-mit-employee-alleges-age-discrimination-retaliation-in-failure-to-rehire-suit","slug":"ex-mit-employee-alleges-age-discrimination-retaliation-in-failure-to-rehire-suit","modified":"2024-02-26T19:34:18","title":"Ex-MIT Employee Alleges Age Discrimination, Retaliation in Failure to Rehire Suit","content":"A former Massachusetts Institute of Technology office manager, Thomas Cafarella, is suing MIT over claims of age discrimination and retaliation in both state and federal law. Cafarella alleges that MIT refused to rehire him after he brought up concerns of age discrimination at the time of his termination and filed a Wage Act claim against them. Cafarella claims he was told he was being terminated because the position was being eliminated, but soon after being let go, MIT started hiring for a position that allegedly matched Cafarella’s former job.  The complaint states that in February 2022 MIT terminated Cafarella, a 14-year employee, because his job position was being eliminated. After losing his job, Cafarella filed a Wage Act complaint against MIT claiming that they failed to pay him all earned wages upon his termination, as required by state law, and accused them of age discrimination. During negotiations to settle these claims, the plaintiff alleged that MIT insisted on a settlement term specifying that Cafarella would never work for MIT ever again, nor be allowed to apply for employment with them in the future. Cafarella refused to agree to that term and the negotiations soon fell apart. Less than a month after terminating Cafarella, MIT posted a new job opening that allegedly matched Cafarella’s former position. When Cafarella inquired to management about the new position, a manager informed him that he was not suited for the position so Cafarella did not apply for it. A year later in early 2023, Cafarella found out MIT was going to post another job position matching his previous role, but this position was allegedly filled without being posted. Cafarella alleges that MIT refused to rehire him because he filed a Wage Act claim against the organization and complained about age discrimination at the time of his termination.  More recently, the case moved to federal court and MIT motioned to partially dismiss the plaintiff’s retaliation claims, claiming that since Cafarella never actually applied to the job he was not denied a position. Judge Indira Talwani denied MIT’s motion and explained that the facts alleged by the plaintiff warrants an exception, since Cafarella claimed that he did not apply because he discussed the position with a manager, and it was clear that MIT did not see him as suitable for the role and would not consider him for hire.&nbsp; Retaliation in Massachusetts Retaliation occurs when an employer either fires or takes an adverse action against an employee for engaging in a protected activity. These protected activities can include inquiring about pay, filing a complaint, or cooperating with an investigation. It is illegal for an employer to punish, discriminate against, or harm a worker for trying to enforce their wage and hour rights. When an employer terminates an employee for complaining about a violation of their rights, it is considered an act of retaliation and the employee can take legal steps. In Massachusetts, employees that have been retaliated against can file a complaint with the Attorney General’s Fair Labor Division or request a private right of action from the Division to directly sue the employer. Employees in Massachusetts that win their cases are entitled to receive triple the amount of damages.&nbsp; Contact the Working Solutions Law Firm Today Have you been retaliated against by your employer or misclassified as an independent contractor? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in Livingston, New Jersey and in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former Massachusetts Institute of Technology office manager, Thomas Cafarella, is suing MIT over claims of age discrimination and retaliation in both state and federal law. Cafarella alleges that MIT refused to rehire him after he brought up concerns of age discrimination at the time of his termination and filed a Wage Act claim against&hellip;</p>\\n"},{"id":23685,"path":"/blog/have-questions-about-your-non-compete-contact-working-solutions-law-firm-today","slug":"have-questions-about-your-non-compete-contact-working-solutions-law-firm-today","modified":"2024-02-22T19:12:56","title":"Have Questions About Your Non-Compete? Contact Working Solutions Law Firm Today!","content":"Do you have questions about your non-compete agreement? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including non-compete agreements, FMLA, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach for a consultation today.","excerpt":"<p>Do you have questions about your non-compete agreement? If so, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&hellip;</p>\\n"},{"id":23681,"path":"/blog/amazons-cut-delivery-company-alleges-retaliation-to-sexual-harassment-claims","slug":"amazons-cut-delivery-company-alleges-retaliation-to-sexual-harassment-claims","modified":"2024-02-20T21:19:31","title":"Amazon’s Cut Delivery Company Alleges Retaliation To Sexual Harassment Claims","content":"In a suit filed earlier this month, David Palermo, claims that Amazon misclassified the employment of his package delivery company and wrongfully cut their contract after he complained about alleged sexual harassment. Palermo, the owner of TMD Elite Transportation Inc., claims that since his company only worked for Amazon Logistics Inc. and was under its complete control, they functioned as employees under Massachusetts state law. Palermo concludes that since he told management delivery drivers were harassing one of his employees,and Amazon then terminated their contract, it violates laws prohibiting discrimination and retaliation in the workplace.  The complaint states that Palmero was denied the legal protections entitled to an employee when Amazon ended their contract with TMD. Palermo created TMD in 2019 to be one of Amazon’s multiple delivery service providers, as it was a required part of getting to work for Amazon. All the providers were assigned to their delivery station by Amazon, the employees wore Amazon-branded uniforms and used Amazon-branded trucks. They were tracked and rated in efficiency by Amazon, who would also stipulate their bonuses. The rules set in the delivery station were decided by Amazon and all the delivery teams only worked for Amazon as full-time employees. Since TMD does not operate independently from Amazon, in Massachusetts they ought to be considered employees.  Palermo states that as an employee of Amazon in Massachusetts, he was entitled to protection from being discriminated against and punished for reporting White’s allegations of sexual harassment in the workplace. The complaint states that after Palermo told management of White’s claims that workers from another Amazon delivery provider were making loud lewd comments and engaging in inappropriate sexually-based conversations near her, Amazon ended their contract late in 2021. The complaint furthers that in denying the employees’ legal protections under the State, Amazon broke Massachusetts’ independent contractor statute.&nbsp; Massachusetts Employment Law In the state of Massachusetts, an employee is any person who is in the service of another under any contract of hire, whether express or implied, oral or written. Massachusetts’ anti-discrimination statutes protect employees that are treated differently, unfairly, or harassed in the workplace based on their identity as a member of a protected class. Sexual harassment in the workplace is considered a form of sex-based discrimination and is illegal under these laws, as employees are entitled to a work environment free of harassment and hostility. To learn more about Massachusetts laws regarding sexual harassment in the workplace, read here. Employers in Massachusetts are prohibited from punishing, discriminating against, or harming an employee in any way for trying to enforce their rights. This includes firing an employee for complaining about a violation of their, or a co-worker’s, rights in the workplace.&nbsp; To be classified as an independent contractor in Massachusetts there is a 3 part test. To treat someone as an independent contractor, employers must show that the work:&nbsp; \\nIs done without the employer’s direction and control Is performed outside the usual course of the employer’s business&nbsp; Is done by someone who has their own, independent business or trade doing that kind of work\\n Contact the Working Solutions Law Firm Today Have you been retaliated against by your employer or misclassified as an independent contractor? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in Livingston, New Jersey and in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In a suit filed earlier this month, David Palermo, claims that Amazon misclassified the employment of his package delivery company and wrongfully cut their contract after he complained about alleged sexual harassment. Palermo, the owner of TMD Elite Transportation Inc., claims that since his company only worked for Amazon Logistics Inc. and was under its&hellip;</p>\\n"},{"id":23674,"path":"/blog/do-you-have-unpaid-overtime-wages-contact-working-solutions-law-firm-today-2","slug":"do-you-have-unpaid-overtime-wages-contact-working-solutions-law-firm-today-2","modified":"2024-02-20T16:53:59","title":"Do You Have Unpaid Overtime Wages? Contact Working Solutions Law Firm Today!","content":"Are you getting paid for all of your overtime hours worked? If not, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Laws in New York City, New York State, and New Jersey require that employees receive time-and-a-half pay for any hour worked over 40 per week.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;severance, and&nbsp;discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you getting paid for all of your overtime hours worked? If not, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Laws in New York City, New York State, and New Jersey require that employees receive time-and-a-half pay for any&hellip;</p>\\n"},{"id":23670,"path":"/blog/facing-age-based-discrimination-at-work-contact-working-solutioins-law-firm-today","slug":"facing-age-based-discrimination-at-work-contact-working-solutioins-law-firm-today","modified":"2024-02-15T18:40:39","title":"Facing Age-Based Discrimination At Work? Contact Working Solutioins Law Firm Today!","content":"Are you being discriminated against by your employer because of your age? If so, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including discrimination, retaliation, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you being discriminated against by your employer because of your age? If so, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in&hellip;</p>\\n"},{"id":23666,"path":"/blog/collapsed-digital-media-startup-the-messenger-faces-warn-act-class-action-lawsuit-in-new-york","slug":"collapsed-digital-media-startup-the-messenger-faces-warn-act-class-action-lawsuit-in-new-york","modified":"2024-02-15T16:18:00","title":"Collapsed Digital Media Startup The Messenger Faces WARN Act Class Action Lawsuit in New York","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On February 2nd, 2024, a former journalist and employee for The Messenger filed a class action lawsuit in the New York federal court citing WARN Act violations for unpaid wages and wrongful termination. In the suit, Pilar Belendez-Deshea alleged that The Messenger, founded by Jimmy Finkelstein, abruptly terminated approximately 300 employees across their New York City, Washington DC, and West Palm Beach offices on January 31. Belendez-Deshea complained that the company had not provided employees with proper notice of the layoffs, or, following their respective terminations, offered two months worth of compensations as required by federal and New York state law.&nbsp; “Defendant failed to pay plaintiff and each of the class members their respective wages, salary, commissions, bonuses, health and life insurance premiums, accrued holiday pay and accrued vacation for 60 days following their respective terminations,”. Therefore, Pilar Belendez-Deshea filed claims for relief under the Federal and New York state rendition of the Worker Adjustment and Retraining Notification (WARN) Act. The WARN Act The Federal rendition of the Worker Adjustment and Retraining Notification Act was originally passed in August of 1988, before becoming effective on February 4, 1989.This legislation requires a company/employer to give its employees written notice 60 days before employment termination if the company is going layoff 500 full-time workers, or close a facility that will leave at least 50 full-time employees without jobs. Additionally, employees are entitled to 60 days’ worth of wages and benefits following their separation. However, under the New York State’s version of the WARN Act, both the notice and compensation requirement is extended to 90 days. As an employee, you are entitled to the protections disclosed in these legal statutes as long as the business itself has 100 or more full-time workers, or employs 100 or more workers who work at least a combined amount of 4,000 hours a week. Protected workers may be either on an hourly or salaried compensation basis, and can be managerial and supervisory employees. Contact the Working Solutions Law Firm Were you part of an abrupt company-wide layoff? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages, and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On February 2nd, 2024, a former journalist and employee for The Messenger filed a class action lawsuit in the New York federal court citing WARN Act violations for unpaid wages and wrongful termination. In the suit, Pilar Belendez-Deshea alleged that The Messenger, founded by Jimmy Finkelstein, abruptly terminated approximately 300 employees across their New&hellip;</p>\\n"},{"id":23662,"path":"/blog/were-you-misclassified-as-a-contractor-contact-working-solutions-law-firm-today","slug":"were-you-misclassified-as-a-contractor-contact-working-solutions-law-firm-today","modified":"2024-02-13T13:38:44","title":"Were You Misclassified As A Contractor? Contact Working Solutions Law Firm Today!","content":"Were you improperly classified as a contractor? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime,&nbsp;discrimination, and FMLA. Whatever your employment issue is, please reach for a consultation today.","excerpt":"<p>Were you improperly classified as a contractor? If so, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid&hellip;</p>\\n"},{"id":23658,"path":"/blog/uber-lyft-trial-date-set-for-massachusetts-worker-misclassification-suit","slug":"uber-lyft-trial-date-set-for-massachusetts-worker-misclassification-suit","modified":"2024-02-12T19:35:36","title":"Uber &amp; Lyft Trial Date Set For Massachusetts Worker Misclassification Suit","content":"The three-year-old lawsuit alleging Uber Technologies and Lyft Inc. of misclassifying their drivers as independent contractors has finally received a trial date. On May 13 the trial will begin before Suffolk Superior Court Associate Justice Peter Krupp. The civil action, brought by the former Massachusetts Attorney General and current Governor of Massachusetts Maura Healey, alleges that in misclassifying drivers as independent contractors the ride-share companies avoided providing the benefits and legal protections that full-fledged employees are entitled to under labor laws. With 21 drivers on the witness list and three total parties, there are currently questions surrounding how trial time will be divided to present the evidence in its entirety.  Originally, the ride-share companies and current Massachusetts Attorney General Andrea Joy Campbell jointly asked Judge Krupp for a five to six week period for the bench trial. Judge Krupp countered this proposal with four weeks of full-day court sessions, a total of 98 hours of trial, which all parties ultimately agreed to. The current questions are regarding how the 98 hours of trial will be split amongst the 3 parties, specifically regarding the division between the two defendants. As of yet the two ride-share companies worked amicably in the joint pretrial memo, but it is unclear if this attitude will last throughout the trial. The options are to have a 50-50 split with the state having one half and the two defendants splitting the other half; or to give each party a third of the time.  Employee Classification in Massachusetts&nbsp;&nbsp; Under Massachusetts law, the definition for an employee is “every person in the service of another under any contract of hire, express or implied, oral or written.” Although there is no simple rule to determine whether a person is an independent contractor, the state does set a three-part test and publishes enforcement guidelines for employers of independent contractors to follow.&nbsp; For employers to treat someone as an independent contractor they must show that the work: \\nIs performed without the control and direction of the employer; and Is done outside of the usual course of the employer’s business; and&nbsp; Is done by someone in an independently established business, profession, or trade of the same nature as that of the work or service performed.\\n Massachusetts workers who have been misclassified as independent contractors can file a complaint and acquire the right to sue their employers through the Attorney General’s Fair Labor Division. In Massachusetts employees found to have been misclassified have the right to receive up to triple the amount of damages.&nbsp; Contact the Working Solutions Law Firm Today Were you involuntarily terminated in Massachusetts and not paid in full appropriately? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in Livingston, New Jersey and in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and unpaid wages. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The three-year-old lawsuit alleging Uber Technologies and Lyft Inc. of misclassifying their drivers as independent contractors has finally received a trial date. On May 13 the trial will begin before Suffolk Superior Court Associate Justice Peter Krupp. The civil action, brought by the former Massachusetts Attorney General and current Governor of Massachusetts Maura Healey, alleges&hellip;</p>\\n"},{"id":23654,"path":"/blog/what-damages-can-i-seek-for-wrongful-termination-in-boston","slug":"what-damages-can-i-seek-for-wrongful-termination-in-boston","modified":"2024-02-09T19:47:12","title":"What Damages Can I Seek for Wrongful Termination in Boston?","content":"Ben Vanden Heuvel Wrongful Termination Under Massachusetts Law Boston-area employers are subject to Massachusetts Fair Employment Law, Chapter 151B of the Massachusetts General Laws. Under the law, it is unlawful for employers to terminate their employees on the basis of their race, color, religion, national origin, age (over 40 years), gender identity, sexual orientation, genetic information, ancestry, military service, and as retaliation for opposing discriminatory practices or filing a complaint, testifying, or assisting in a proceeding before the Massachusetts Commission Against Discrimination. Damages can be obtained as a remedy for violations of this law against Boston employers. So what damages are available? Damages for Wrongful Termination  The four types of damages which may be available to an employee suing for wrongful termination are: front pay, back pay, emotional distress damages, and punitive damages.&nbsp; Front pay damages include an estimate of lost future earnings by wrongful termination.&nbsp; Back pay damages calculate the lost earnings which the employee should have received between the time of wrongful termination and the judgment. &nbsp;Emotional distress damages can be awarded where the wrongful termination caused the plaintiff emotional harm, which, according to Massachusetts Courts, can be evaluated according to the following factors: “(1) the nature and character of the alleged harm; (2) the severity of the harm; (3) the length of time the complainant has suffered and reasonably expects to suffer; and (4) whether the complainant has attempted to mitigate the harm (e.g., by counseling or by taking medication).” (DeRoche v. MCAD, 447 Mass. 1, 7).&nbsp; Punitive damages, which are the most rarely awarded, are damages inflicted to penalize recklessly unlawful acts by an employer. Massachusetts courts have evaluated such claims using the following factors: “whether there was a conscious or purposeful effort to demean or diminish the class of which the plaintiff is a part (or the plaintiff because he or she is a member of the class); whether the defendant was aware that the discriminatory conduct would likely cause serious harm, or recklessly disregarded the likelihood that serious harm would arise; the actual harm to the plaintiff; the defendant’s conduct after learning that the initial conduct would likely cause harm; the duration of the wrongful conduct and any concealment of that conduct by the defendant.” (Haddad v. Wal-Mart Stores, Inc., 455 Mass. 91). To determine what damages you may be owed for unlawful termination, you should contact an employment attorney. Do You Believe You Have Been Wrongfully Terminated? Have you been wrongfully terminated from your job? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm in Boston, Massachusetts.&nbsp;Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel Wrongful Termination Under Massachusetts Law Boston-area employers are subject to Massachusetts Fair Employment Law, Chapter 151B of the Massachusetts General Laws. Under the law, it is unlawful for employers to terminate their employees on the basis of their race, color, religion, national origin, age (over 40 years), gender identity, sexual orientation, genetic&hellip;</p>\\n"},{"id":23651,"path":"/blog/laid-off-heres-what-to-know-about-severance","slug":"laid-off-heres-what-to-know-about-severance","modified":"2024-04-19T15:56:02","title":"Laid-Off? Here’s What to Know About Severance.","content":"In today’s unpredictable job market, facing a layoff can be a daunting experience. If you find yourself laid off with the choice of signing a separation agreement, it is crucial to be aware of the legal rights and consequences that come with your severance.  What is a Severance Package? A severance package is a set of benefits provided by employers to employees who are laid off or terminated. It serves as a cushion to ease the financial transition for the affected employees.&nbsp; In the United States, there is generally no legal requirement for employers to provide severance packages. However, if an employer has a policy in place or if severance is mentioned in an employment contract, they are obligated to fulfill those terms. Severance packages can vary, but they commonly include: \\nSeverance Pay: A lump sum or series of payments to help cover living expenses during the period of unemployment. Healthcare Benefits: Temporary continuation of health insurance coverage. Unused Vacation Pay: Compensation for accrued, unused vacation days.\\n Can You Negotiate Your Severance? Yes, negotiating your severance package is often possible. However, the extent to which you can negotiate may depend on various factors, including company policies and the circumstances surrounding your termination. Tips for negotiating your severance include: \\nResearch the Industry: Understand what is standard for your industry and position.&nbsp; Highlight Your Contributions: Remind your employer of your achievements and contributions to the company.&nbsp; Seek Legal Advice: Consulting a legal expert can help you understand the terms of your severance agreement and give you tools to negotiate.&nbsp;\\n When to Contact an Attorney&nbsp; Do not hesitate to seek legal counsel to help you secure the best possible arrangement for your severance package and your future. You may want to consult legal advice for a variety of reasons, such as: \\nReviewing your employment contract to understand the severance terms. Understanding the signing of any legal documents as requested by your employer, such as a non-disclosure agreement or a non-compete agreement, which may impact your ability to find future work. In some instances, some employers may withhold severance if an employee was terminated for cause, such as misconduct or violation of company policies. It is essential to review your contract and seek legal help if necessary.\\n Contact the Working Solutions Law Firm Today&nbsp; In times of uncertainty like a layoff, knowing your rights about severance packages can make a significant difference. Remember, negotiating is often on the table, and being informed can empower you during this transition. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In today’s unpredictable job market, facing a layoff can be a daunting experience. If you find yourself laid off with the choice of signing a separation agreement, it is crucial to be aware of the legal rights and consequences that come with your severance.&nbsp; What is a Severance Package? A severance package is a set&hellip;</p>\\n"},{"id":23647,"path":"/blog/not-a-tall-story-nyc-bans-height-and-weight-discrimination","slug":"not-a-tall-story-nyc-bans-height-and-weight-discrimination","modified":"2024-02-08T21:21:25","title":"NOT A TALL STORY: NYC BANS HEIGHT AND WEIGHT DISCRIMINATION","content":"Body size discrimination, the unequal treatment based on one’s height or weight, is an often overlooked prejudice in the workplace.  According to a 2023 study by The Society for Human Resource Management, 12% of U.S. workers reported feeling they have been unfairly treated due to their weight, and 72% of those workers revealed that the apparent mistreatment based on their body size made them want to quit their jobs. &nbsp; What are At-Will Employment Laws? All states in the U.S., except Montana, follow at-will employment laws. Although each state may have its limitations, at-will employment recognizes employment as voluntary. The laws allow employers to terminate workers for any reason except for clearly defined categories of wrongful termination that federal law prohibits, including discrimination based on protected classes of race, color, religion, sex, national origin, age, disability, and genetic information. If a worker quits their job, unless they provide a “compelling reason”, a standard which varies according to state, they can be disqualified from receiving unemployment benefits such as Unemployment Insurance.&nbsp; Although not impossible, quitting can make pursuing legal claims about discrimination difficult. This is because evidence like communication, call logs, and statements from other employers can be essential evidence and more difficult to access if you are no longer employed. Unfortunately, proving a compelling reason to gain employment benefits can be complicated if you lack clear evidence to sufficiently prove discrimination. What is The New NYC Height and Weight Protection Against Discrimination? On May 26, 2023, NYC Mayor Eric Adams signed legislation adding actual or perceived height and weight as protected categories for discrimination under New York City Human Rights Law (NYCHRL). Height and weight-based discrimination is now prohibited in employment, housing, and public accommodations. Mayor Adams declared, “This law will help level the playing field for all New Yorkers, create more inclusive workplaces and living environments, and protect against discrimination”. This New York City legislation is among the first, after Michigan and San Francisco, to include body size as a protected class. Recommendation for Employers Employers can stay compliant with this law by incorporating awareness in policy and training materials for employees, managers, and human resource teams. In addition, it is important to assess whether they currently have any discriminatory height or weight policy in place that they must remove.&nbsp;&nbsp; Contact the Working Solutions Firm Today Have you faced height or weight-based discrimination? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. &nbsp; Our employment lawyers specialize in many areas of the law, including WARN Act cases. Whatever your employment issue is, please reach out for a consultation today.&nbsp;","excerpt":"<p>Body size discrimination, the unequal treatment based on one’s height or weight, is an often overlooked prejudice in the workplace.  According to a 2023 study by The Society for Human Resource Management, 12% of U.S. workers reported feeling they have been unfairly treated due to their weight, and 72% of those workers revealed that the&hellip;</p>\\n"},{"id":23642,"path":"/blog/wrongfully-terminated-from-your-job-contact-working-solutions-law-firm-today","slug":"wrongfully-terminated-from-your-job-contact-working-solutions-law-firm-today","modified":"2024-02-08T14:43:36","title":"Wrongfully Terminated From Your Job? Contact Working Solutions Law Firm Today!","content":"Were you wrongfully terminated from your job? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including retaliation, discrimination, and&nbsp;severance. Whatever your employment issue is, please reach for a consultation today.","excerpt":"<p>Were you wrongfully terminated from your job? If so, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including retaliation,&hellip;</p>\\n"},{"id":23638,"path":"/blog/was-your-work-bonus-withheld-contact-working-solutions-law-firm-today","slug":"was-your-work-bonus-withheld-contact-working-solutions-law-firm-today","modified":"2024-02-06T19:19:44","title":"Was Your Work Bonus Withheld? Contact Working Solutions Law Firm Today!","content":"Was your work bonus withheld by your employer? If so, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;discrimination, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Was your work bonus withheld by your employer? If so, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the&hellip;</p>\\n"},{"id":23634,"path":"/blog/can-i-get-my-bonus-if-i-resign","slug":"can-i-get-my-bonus-if-i-resign","modified":"2024-03-04T16:11:25","title":"What Massachusetts employees need to know: Can I get my bonus if I resign?","content":"Per the Fair Labor Standards Act (FLSA), a bonus is a payment made in addition to the employee’s regular earnings. For many employees, these bonuses represent a large portion of their expected earnings for their work and efforts to grow the employers’ business and often, generate revenue. Bonuses are usually tied to individual employee or company-wide performance, and are earned either as of a specific date, after successful completion of certain tasks, or after achieving a specific measurable performance metric or benchmark. Although employers generally have discretion in how they wish to create and implement their bonus plans and policies, if an employer fails or refuses to pay an employee their agreed upon bonus after the employee satisfied the preconditions and requirements set forth to earn the bonus, the employee typically can pursue legal action against the employer for the unpaid earned bonus. But what if an employee resigns from the company before being paid their earned bonus? The answer depends on many factors, one of the most important being the state the employee worked in.  Payment of Due Bonus in MA and NY&nbsp; The FLSA and state wage laws determine whether an employee is entitled to their bonus. In some states, bonuses are considered a gratuity or benefit, whereas bonuses in other states are qualified as “wages” because they are consistently given to employees each year. Overall, litigation surrounding bonus disputes has proven the following as criteria for when an employee is entitled to a bonus after resignation or termination:&nbsp; \\nWhen an employee has reasonably anticipated a bonus of a predetermined amount.&nbsp; When an employee’s overall salary package was designed to emphasize performance pay over salary, or when bonuses were an integral part of their compensation.&nbsp; When the bonus was measurable and reliant upon individual performance quotas that were satisfied before termination. When the bonus was paid to most other employees.\\n Conversely, there are many situations where an employee is not entitled to their bonus after resignation or termination. Former employees are not entitled when bonuses are: \\nBased on the discretion of managers, and not on a performance-based formula;&nbsp; Not a significant portion of an employee’s yearly pay; Gratuitous, or not a regular form of compensation (A bonus only qualifies as an implied employee-employer contract when it is an annual payment); When an employer has clearly prohibited extra payments to terminated or resigned employees.&nbsp; Just recently introduced prior to the employee’s termination (so it was not always expected)\\n More generally, former employees are also not entitled to bonuses if the employer clearly prohibits extra payments to former employees, or if the performance criteria required for the bonus was not satisfied.&nbsp; Massachusetts is one of the states that considers earned bonuses as a part of an employees wages, and upon termination or resignation a Massachusetts worker must be paid in full on either their last day of work or the next regular payday. Workers in MA have the right to obtain the right to sue their employers over violations of wage and hour laws, called the worker’s private right of action. To obtain this right, an employee can either request one from the Attorney Generals Fair Labor Division, or receive one from the Attorney General’s office in response to a filed complaint. If an employee wins in court, they have the right to receive attorneys fees, court costs, and triple damages, meaning three times the amount of the underpayment.&nbsp; For more information on the state of New York please refer to our blog. In some cases reclaiming your bonus may require the legal assistance of an attorney.&nbsp; Contact the Working Solutions Law Firm Today Were you involuntarily terminated in Massachusetts and not paid in full appropriately? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in Livingston, New Jersey and in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and unpaid wages. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Per the Fair Labor Standards Act (FLSA), a bonus is a payment made in addition to the employee’s regular earnings. For many employees, these bonuses represent a large portion of their expected earnings for their work and efforts to grow the employers’ business and often, generate revenue. Bonuses are usually tied to individual employee or&hellip;</p>\\n"},{"id":23630,"path":"/blog/equinox-gym-faces-another-racial-discrimination-lawsuit","slug":"equinox-gym-faces-another-racial-discrimination-lawsuit","modified":"2024-02-02T22:37:57","title":"Equinox Gym Faces Another Racial Discrimination Lawsuit","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On January 18, 2024, Obinna Ndugba, a senior-level personal trainer at an Equinox Gym in Boston, filed a civil action lawsuit in a Massachusetts state court against his former employer. Ndugba alleges that throughout his five years as an Equinox employee, he routinely faced racial discrimination from his co-workers and managers through derogatory comments, and retaliatory methods. In the lawsuit he states that he received derogatory comments such as “Black guys are good for nothing but bodybuilding and physical work” and “that it was surprising a black trainer had made it this far”. He also alluded to the systematic racism at the company, as he stated that Equinox had “lower hiring and promotion rates for Black and Latino employees, along with higher rates of discipline and termination for minor rule violations that white workers were not penalized for at all”. Furthermore, Ndugba also alleged that the company retaliated against him for complaining about his treatment. He referred to experiences following his complaint such as&nbsp; stripping him of some of his responsibilities, actively excluding him from meetings, and also that the company began fabricating infractions before firing him in April of 2023. These allegations are all emblematic of the seemingly hostile and toxic workplace culture of Equinox. Ndugba’s suit is also analogous to a similar suit that was brought forth against Equinox by another Black former employee at a Manhattan location. The suit was settled for $11.3 million by a New York Federal Jury.&nbsp; What Should I Take Away From This? According to Obinna Ndugba’s lawsuit, Equinox was in violation of The Civil Right Act of 1964, as well as local law pertaining to the state of Massachusetts. The Civil Rights Act of 1964 was a piece of legislation aimed to prohibit any form discrimination based on race, color, religion, sex, or national origin. The Title VII section of this act extends its protection to employees by prohibiting all forms of employment discrimination whether it may be in the workplace or through a hiring process. This makes it illegal for employers to discriminate against individuals based on their national origin or ethnicity. Equinox was also in violation of Massachusetts General Law, more specifically Chapter 151B. This section of Massachusetts General Law states that any and all discrimination on the basis of race, color, religious creed, national origin, ancestry, or sex is outright unlawful. It is also important to note that while Chapter 151B is only applicable in the state of Massachusetts, most states have adopted their own labor laws that outlaw any form of discrimination simply based on race, gender, religion, and more. Meanwhile, the Civil Rights Act of 1964 is a federal law that applies to everyone. Our firm specializes in employment matters all across the country, and if you need legal assistance, we would be more than happy to assist you with your respective employment issue. Contact the Working Solutions Law Firm Have you faced racial discrimination at your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA, Discrimination, Unpaid Wages, and Overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On January 18, 2024, Obinna Ndugba, a senior-level personal trainer at an Equinox Gym in Boston, filed a civil action lawsuit in a Massachusetts state court against his former employer. Ndugba alleges that throughout his five years as an Equinox employee, he routinely faced racial discrimination from his co-workers and managers through derogatory comments,&hellip;</p>\\n"},{"id":23627,"path":"/blog/governor-hochul-and-the-second-department-tip-the-scales-against-pay-frequency-lawsuits","slug":"governor-hochul-and-the-second-department-tip-the-scales-against-pay-frequency-lawsuits","modified":"2024-02-02T15:40:29","title":"Governor Hochul and the Second Department Tip the Scales Against Pay Frequency Lawsuits","content":"by Ben Vanden Heuvel  Pay Frequency Law in New York  Section 191  Under New York Labor Law Section 191, employers must pay “manual workers” using a pay frequency of “weekly and not later than seven calendar days after the end of the week in which the wages are earned.”&nbsp; As for the definition of “manual worker”, Department of Labor guidelines state: “a ‘manual worker’ [is] ‘a mechanic, workingman or laborer.’ It has been the long-standing interpretation of this Department that individuals who spend more than 25% of working time engaged in ‘physical labor’ fit within the meaning of the term ‘manual worker.’ Furthermore, the term ‘physical labor’ has been interpreted broadly to include countless physical tasks performed by employees.” The Uptick of Pay Frequency Cases In 2019, a First Department decision, Vega v. CM &amp; Associates Construction Management LLC, held that employees had a private cause of action to sue for pay frequency violations and that they could recover liquidated damages, which are generally monetary damages calculated by a predetermined formula in an agreed upon contract, which can be recovered as a remedy for breach of that contract. The unprecedented decision created a massive incentive to bring pay frequency cases to court. A dramatic increase in these types of cases followed. Under the decision, workers who were being paid biweekly could recover significant damages if they were paid “late”, even if they ultimately received full wages. The Governor and a Recent Decision May Reverse the Trend On Jan. 16, Governor Hochul announced a budget proposal, in which she proposed an amendment to the New York Labor Laws  this amendment would legislate that liquidated damages are not available under Section 191 if the worker was at least paid in accordance with the agreed terms of employment, but not less frequently than semi-monthly. This would reverse the trend initiated by the Vega decision, disincentivizing pay frequency actions in New York Courts. Further, the Second Department split with the Vega decision in Grant v. Global Aircraft Dispatch Inc., ruling that liquidated damages should not be available under Section 191.&nbsp; Do You Have Questions About Your Rights Concerning Pay Frequency? &nbsp;If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>by Ben Vanden Heuvel  Pay Frequency Law in New York &#8211; Section 191&nbsp; Under New York Labor Law Section 191, employers must pay “manual workers” using a pay frequency of “weekly and not later than seven calendar days after the end of the week in which the wages are earned.”&nbsp; As for the definition of&hellip;</p>\\n"},{"id":23623,"path":"/blog/not-getting-paid-on-time-contact-working-solutions-law-firm-today","slug":"not-getting-paid-on-time-contact-working-solutions-law-firm-today","modified":"2024-02-01T20:45:31","title":"Not Getting Paid On Time? Contact Working Solutions Law Firm Today!","content":"Are you not getting paid on time for your hours worked? If so, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime, severance, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you not getting paid on time for your hours worked? If so, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many&hellip;</p>\\n"},{"id":23619,"path":"/blog/didnt-get-paid-on-your-last-day-of-work-contact-working-solutions-law-firm-today","slug":"didnt-get-paid-on-your-last-day-of-work-contact-working-solutions-law-firm-today","modified":"2024-01-30T19:06:34","title":"Didn’t Get Paid On Your Last Day Of Work? Contact Working Solutions Law Firm Today!","content":"Did you get paid for your last day of work? If not, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime, severance, and&nbsp;discrimination. Whatever your employment issue is, please reach for a consultation today.","excerpt":"<p>Did you get paid for your last day of work? If not, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the&hellip;</p>\\n"},{"id":23616,"path":"/blog/new-york-discrimination-trends-nyc-court-was-where-most-discrimination-lawsuits-were-filed-in-2023","slug":"new-york-discrimination-trends-nyc-court-was-where-most-discrimination-lawsuits-were-filed-in-2023","modified":"2024-01-29T22:17:35","title":"NEW YORK DISCRIMINATION TRENDS: NYC COURT WAS WHERE MOST DISCRIMINATION LAWSUITS WERE FILED IN 2023","content":"Many employment claims or disputes involve both federal and state claims, leading them to be filed in federal court. Looking specifically into employment litigation within the US District Courts, nearly 6% of all claims in 2020-2022 were filed in the Southern District of New York (SDNY). This is the largest number of employment cases to be filed in any district at 3,745 cases. The District includes eight New York counties: Manhattan, Bronx County, Westchester County, Putnam County, Rockland County, Orange County, Dutchess County, and Sullivan County. Employment Law Violations Employment law is meant to ensure that workers operate in safe environments with fair compensation. For employees whose federal rights have been violated, they can be entitled to financial compensation and sometimes even getting their job back if they were terminated. According to Lex Machina’s 2023 Employment Litigation Report, the most frequent employment law claims from 2022-2023 were Title VII discrimination, hostile work environment, and retaliation. Frequent Employment Law Violators Larger companies have larger workforces thus making them more susceptible to lawsuits, but it does not mean that they are committing a higher percentage of employment violations. Even so, certain big companies stand out for having the most employment violations.&nbsp; In 2020-2022, about 680 employees from all different branches of Walmart, like Walmart Associates, inc., and Wal-mart Stores, Inc., filed employment lawsuits. In the same time frame, United Parcel Service (UPS) , which employs about a fourth of the number of employees that Walmart does, had 300 employment lawsuits. Amazon Services LLC, with a workforce of three times that of UPS at about 1.5 million workers, faced 207 employment claims. One more notable company is Lowes Home Centers. Despite its significantly lower number of employees at about 307,000 people, it faced 190 employment lawsuits, a notable ratio. Contact the Working Solutions Law Firm Today! Have you faced discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Many employment claims or disputes involve both federal and state claims, leading them to be filed in federal court. Looking specifically into employment litigation within the US District Courts, nearly 6% of all claims in 2020-2022 were filed in the Southern District of New York (SDNY). This is the largest number of employment cases to&hellip;</p>\\n"},{"id":23612,"path":"/blog/ex-staff-attorney-accuses-geico-of-breaking-ma-wage-law","slug":"ex-staff-attorney-accuses-geico-of-breaking-ma-wage-law","modified":"2024-01-29T20:27:40","title":"Ex-Staff Attorney Accuses Geico of Breaking MA Wage Law","content":"A former staff attorney of Geico accused the company of violating the Massachusetts Wage Act by failing to give her and other terminated workers their final paycheck on their last day of employment. Cristina LoCurto had worked with Geico at their Massachusetts office for four-and-a-half years before being let go in March of last year.  According to the complaint, filed in Suffolk County Superior Court in Boston, LoCurto claims her employer did not give her final paycheck until nine days after her last day of employment. This violates a state wage law in Massachusetts, which requires employers to pay the total of all wages earned and any accrued paid time off on the final day of employment for workers who are involuntarily terminated.&nbsp; LoCurto stated in her complaint that Geico’s policy is to withhold these entitled earnings on an employee’s last workday. She referenced a a “benefits checklist” that she was given, which states that the final payment would occur through direct deposit on the next scheduled payday following the last day of employment “except as required by law.” Although there is a disclaimer acknowledging the varying laws from state to state, LoCurto and other workers did not receive their final paycheck on their last day of work as required by Massachusetts state law.&nbsp; Massachusetts Law and Terminated Workers According to Massachusetts State Law, under Title XXI, any employee discharged from employment should be paid in full on the day of their discharge. Employees who believe their employer did not follow workplace laws can file a complaint online with the Massachusetts Attorney General’s Fair Labor Division. Through this process, the Attorney General’s office will determine from the complaint what is needed. There are a number of directions the Attorney General’s office may go, they may:&nbsp; \\nSend the employer a warning&nbsp; Penalize the employer with a civil citation that may require them to pay the due wages in addition to a penalty&nbsp; File criminal charges against the employer&nbsp; Give the employee a “private right of action” letter, allowing the employee to directly sue the employer for unpaid wages and other damages&nbsp; Or, some other action to resolve the violations found&nbsp;\\n If a terminated employee is given a “private right of action,” they may sue the employer on their own or in a collective group with other workers, so long as they have similar complaints. There are also statutes of limitations which determine how much time an individual has to sue, which can restrict the ability of the employee to sue if they do not file complaints in a timely manner. The statute of limitations for most wage and hour violations in Massachusetts is 3 years after the violation. In Massachusetts court, if the employee wins their case, they have the right to receive triple damages, attorneys fees, and court costs.&nbsp; Contact the Working Solutions Law Firm Today Were you involuntarily terminated in Massachusetts and not paid in full appropriately? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in Livingston, New Jersey and in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and unpaid wages. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former staff attorney of Geico accused the company of violating the Massachusetts Wage Act by failing to give her and other terminated workers their final paycheck on their last day of employment. Cristina LoCurto had worked with Geico at their Massachusetts office for four-and-a-half years before being let go in March of last year.&nbsp;&hellip;</p>\\n"},{"id":23610,"path":"/blog/am-i-allowed-to-ask-my-co-workers-about-their-salaries-3","slug":"am-i-allowed-to-ask-my-co-workers-about-their-salaries-3","modified":"2024-01-29T20:05:41","title":"Am I Allowed to Ask my Co-Workers about their Salaries?","content":"The National Labor Relations Act protects the right of all workers to discuss working conditions, including pay rates, with their colleagues. Company policies or employment agreements against talking about pay with colleagues would fall in violation of the act. Additionally, verbal discouragement is not allowed. If your employer has reprimanded or harassed you following a conversation about wages, this may result in a viable claim of retaliation. Contact us at the Working Solutions Law Firm to evaluate your legal claim for free.  What is ‘Pay Transparency’?  Pay transparency is the idea of employers openly sharing pay information with employees and prospective employees. This can mean requiring companies to post salary ranges in employee advertisements/postings instead of having phrases like “competitive salary”. Pay transparency also includes the right of employees to freely discuss their pay with colleagues, without fear of retaliation.&nbsp; What are the requirements and benefits of the New York State Pay Transparency Law?&nbsp; The new Pay Transparency Law in New York requires employers with a minimum of four workers to publicize either an hourly wage or a minimum and maximum pay on their job listings.&nbsp;&nbsp; In contrast to how pay secrecy breeds unfairness and bias, pay transparency empowers workers to reflect on if they’re being fairly paid in comparison to their colleagues. This “right to know” idea aids in combating discrimination like gender and racial wage gaps because it undermines employers making salary choices based on clear bias, by making more information freely available. A lack of pay information limits employees to negotiations in the dark. Pay transparency also fosters an environment of openness and trust.&nbsp;&nbsp; For employers, pay transparency can lead to better performance as studies have shown that fair pay makes people more productive. Job recruiting site Indeed, found that 81% of people work harder when they believe they are fairly paid.&nbsp;&nbsp; Contact the Working Solutions Firm today&nbsp; Have you ever been prohibited by your employer from discussing pay with your co-workers? Have you faced wage discrimination in your workplace?&nbsp; If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. &nbsp; Our employment lawyers specialize in many areas of the law, including WARN Act cases. Whatever your employment issue is, please reach out for a consultation today.&nbsp;","excerpt":"<p>The National Labor Relations Act protects the right of all workers to discuss working conditions, including pay rates, with their colleagues. Company policies or employment agreements against talking about pay with colleagues would fall in violation of the act. Additionally, verbal discouragement is not allowed. If your employer has reprimanded or harassed you following a&hellip;</p>\\n"},{"id":23602,"path":"/blog/the-gender-bias-class-action-against-pokemon-go-creator-niantic-inc","slug":"the-gender-bias-class-action-against-pokemon-go-creator-niantic-inc","modified":"2024-01-29T19:41:12","title":"The Gender Bias Class Action Against Pokémon Go Creator, Niantic Inc.","content":"The developer of Pokémon Go, Niantic Inc., has been sued in the Superior Court of Los Angeles County to address a gender-bias class action lawsuit. Two plaintiffs are at the forefront of this case, claiming that the company promoted a “boys club” culture that undermined the success of female employees. Additionally, the case includes allegations that more qualified women were paid less than men with fewer qualifications, the reported concerns about sexism in the work environment were dismissed, and layoffs disproportionately affected women. In total, the lawsuit had eight claims, including sexual harassment allegations under the claim of hostile work environment, which is a violation of the Fair Employment and Housing Act. The EFAA and Compelling Arbitration  Important to the case is the Ending Forced Arbitration of Sexual Harassment and Sexual Assault Act (EFAA), which invalidates previously agreed upon mandatory arbitration agreements if the worker’s legal claim against their employer pertains to sexual harassment or sexual assault. Many employees sign arbitration agreements upon employment, including employees of Niantic Inc. Niantic Inc. requested to compel arbitration for the specific claims in the suit other than sexual harassment/assault because the EFAA would not protect them. To the company, arbitration would be ideal because it keeps individual cases against them confidential.&nbsp; Judge Overrides Mandatory Arbitration in Pokémon Go Case&nbsp; Ultimately, Judge Elihu M. Berle denied the request to compel arbitration for any claims in this suit. He explained that despite not all claims being of sexual misconduct, all of the allegations in the class action are deeply intertwined. The clear overlap makes it unrealistic to separate the different claims to compel arbitration for only specific ones. Judge Berle’s conclusion forces the lawsuit to be resolved publicly rather than confidentially in arbitration. This contributes to a&nbsp; precedent that the EFAA applies in cases where sexual assault/harassment may not be the exclusive focus of the case but such claims are still involved. Contact the Working Solutions Law Firm Today! Have you faced gender discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The developer of Pokémon Go, Niantic Inc., has been sued in the Superior Court of Los Angeles County to address a gender-bias class action lawsuit. Two plaintiffs are at the forefront of this case, claiming that the company promoted a “boys club” culture that undermined the success of female employees. Additionally, the case includes allegations&hellip;</p>\\n"},{"id":23595,"path":"/blog/department-of-labor-issues-final-rule-on-independent-contractor-status","slug":"department-of-labor-issues-final-rule-on-independent-contractor-status","modified":"2024-01-25T21:41:37","title":"Department of Labor Issues Final Rule on Independent Contractor Status","content":"Ben Vanden Heuvel  The Rule On January 10, 2024, the US Department of Labor published its new rule on when employees should be classified as independent contractors under the Fair Labor Standards Act (FLSA), the federal law which establishes baseline protections for employees including the federal minimum wage. The new rule is effective March 11, 2024. Under the new rule, it is up to an evaluation of six factors to determine if an employee can be classified as an independent contractor. Economic Reality Test  The Six Factors The new rule reaffirms the “economic reality test”, which takes into account six factors in determining whether the economic reality of a worker is more clearly that of an employee or an independent contractor. The six factors which must be weighed in determining if an employee is an independent contractor under the FLSA are: 1) the opportunity for profit (or loss) depending on the employee’s managerial skill, 2) any investments by the employee and the potential employer, 3) the degree of permanence of the work relationship between the employee and employer, 4) the nature and degree of control exercised by the employee, 5) the extent to which the work performed by the employee is an integral part of the employers business, and 6) employee skill and initiative.  No single factor is determinative, but overall independent contractors should be shown to have more independence, control, opportunity for individual profit or loss. The balanced approach of evaluation marks a change from the Trump-era rule of 2021, which this rule rescinds: the new rule considers a wider and more nuanced set of factors and evaluates a worker’s status based on the totality of circumstances. Employees are considered to have a more permanent relationship with someone who hires them and less financial independence or control over their day-to-day obligations are less likely to be independent contractors. What Does The New FLSA Rule Mean for You? Contact the Working Solutions Law Firm Today! Are you unsure of whether you qualify as an independent contractor or not? Your status affects your rights under the FLSA. It is important you consult an employment attorney. Seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including the FLSA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel The Rule On January 10, 2024, the US Department of Labor published its new rule on when employees should be classified as independent contractors under the Fair Labor Standards Act (FLSA), the federal law which establishes baseline protections for employees including the federal minimum wage. The new rule is effective March 11,&hellip;</p>\\n"},{"id":23587,"path":"/blog/have-claims-for-wrongful-termination-contact-working-solutions-law-firm-today","slug":"have-claims-for-wrongful-termination-contact-working-solutions-law-firm-today","modified":"2024-01-25T21:38:38","title":"Have Claims For Wrongful Termination? Contact Working Solutions Law Firm Today!","content":"Do you have claims for wrongful termination from your position? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, harassment, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach for a consultation today.","excerpt":"<p>Do you have claims for wrongful termination from your position? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of&hellip;</p>\\n"},{"id":23585,"path":"/blog/former-employee-alleges-wage-violations-against-craft-revolutions","slug":"former-employee-alleges-wage-violations-against-craft-revolutions","modified":"2024-01-25T17:26:54","title":"Former Employee Alleges Wage Violations Against Craft Revolutions","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On January 8th, 2023, Laura Elizabeth Bell, a former server at Craft Revolution, the parent company of Artisanal Brewing Ventures, filed a class and collective action lawsuit in the federal court of North Carolina. Laura alleged in her lawsuit that the company violated federal rules by requiring tipped workers to spend significant amounts of time on other untipped tasks, while also failing to comply with minimum wage regulations. Laura stated that servers were not adequately informed of their tipped rates, and were frequently not allowed to keep all their tips. She also claimed that servers were forced to cover for cash register shortages and at times compelled to incur the cost of customers who left without paying. Additionally, Laura recounted that: “servers were required to perform roughly 15 minutes of uncompensated pre-shift work per day and were clocked out before completing their closing tasks”. As a result, she is seeking justice on behalf of herself and her respective co-workers in the form of liquidated damages. FLSA, Minimum Wages, and Tipped Employees: What to Look Out For? The Fair Labor Standards Act (FLSA) is a federal law that establishes a federal minimum wage, overtime pay eligibility, recordkeeping, and child labor standards. It mandates that employees should receive a minimum wage for all hours worked, and that for every hour worked over 40 in a given workweek, the employees should be compensated with a rate that is not less than one and one-half times the regular rate of pay. For example, the current minimum wage in the state of New York is $15.00 per hour, therefore, for every hour worked over 40 an employee should be compensated with a $22.50 hourly rate.&nbsp; The FLSA also includes regulations for tipped employees, who are individuals that regularly receive over $30 per month in tips. An employer of a tipped employee is only required to pay $2.13 per hour in direct wages if that amount combined with the tips received at least equals the federal minimum wage ($7.25). Employers must ensure that when combining tips and direct wages, the employee receives at least the full federal minimum wage. If the combined amount falls short, the employer must make up the difference. Contact the Working Solutions Law Firm Do you have unpaid wages? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA, unpaid wages, and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On January 8th, 2023, Laura Elizabeth Bell, a former server at Craft Revolution, the parent company of Artisanal Brewing Ventures, filed a class and collective action lawsuit in the federal court of North Carolina. Laura alleged in her lawsuit that the company violated federal rules by requiring tipped workers to spend significant amounts of&hellip;</p>\\n"},{"id":23581,"path":"/blog/working-solutions-law-firm-receives-national-attention-for-new-lawsuit-against-investment-bank-nomura","slug":"working-solutions-law-firm-receives-national-attention-for-new-lawsuit-against-investment-bank-nomura","modified":"2024-01-23T20:28:08","title":"Working Solutions Law Firm Receives National Attention For New Lawsuit Against Investment Bank Nomura","content":"Brendan Sweeney of the Working Solutions Law Firm was recognized in Reuters this week for his representation in a notable lawsuit against investment bank Nomura Securities Inc.  The case was filed in NY federal court citing violations of federal civil rights, equal pay and medical leave laws, as well as New York state and city human rights laws. Our client, Xue Feng, was singled out in her termination from Nomura. Upon joining the company, her former boss acknowledged a pay disparity between Feng and her male counterparts. Complaints about discrimination and mistreatment within the workplace were further suppressed after Feng took time off from work to attend medical screenings for cancer.  Nomura had different rules for men and women, Sweeney said. The only person impacted by its reorganization was the only woman, who had complained about discrimination. We look forward to defending Feng’s rights as an employee to equal pay and fair treatment in the workplace. You can read the official complaint against Nomura here.","excerpt":"<p>Brendan Sweeney of the Working Solutions Law Firm was recognized in Reuters this week for his representation in a notable lawsuit against investment bank Nomura Securities Inc.  The case was filed in NY federal court citing violations of federal civil rights, equal pay and medical leave laws, as well as New York state and city&hellip;</p>\\n"},{"id":23577,"path":"/blog/were-you-wrongfully-terminated-from-your-job-contact-working-solutions-law-firm-today","slug":"were-you-wrongfully-terminated-from-your-job-contact-working-solutions-law-firm-today","modified":"2024-01-25T21:39:57","title":"Were You Wrongfully Terminated From Your Job? Contact Working Solutions Law Firm Today!","content":"Were you wrongfully terminated from your position at work? If so, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;retaliation, severance, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Were you wrongfully terminated from your position at work? If so, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of&hellip;</p>\\n"},{"id":23575,"path":"/blog/department-of-labor-defends-its-2021-tip-credit-rule","slug":"department-of-labor-defends-its-2021-tip-credit-rule","modified":"2024-01-22T21:31:25","title":"Department of Labor Defends Its 2021 Tip Credit Rule","content":"The Department of Labor (DOL) is defending its 2021 rule that outlines the type of work eligible for tip credits, as it faces a legal challenge from the Restaurant Law Center and Texas Restaurant Association. Effective December 28, 2021, the new tip credit rule maintains the 80/20 limit on non-tipped duties, which mandates paying full minimum wage when non-tipped duties exceed 20% of an employees workweek. Additionally, the 2021 rule introduces the new 30-Minute Rule, which requires employers to pay full minimum wage for tasks exceeding 30 consecutive minutes that fall under directly supporting, non-tipped work. Arguing that the DOL’s 2021 rule clashes with provisions in the Fair Labor Standards Act (FLSA), the restaurant association claims that the 2021 rule is therefore unnecessary. In return, the DOL has claimed that it reinstates earlier guidance on non-tipped work, and has argued against its removal.The 2021 FLSA Update: Understanding Tip CreditsTip crediting allows employers with tipped workers (earning at least $30 monthly in tips) to pay as low as $2.13 per hour. This credit permits employers to utilize tips to bridge the gap to the federal minimum wage of $7.25. Tip-producing work is defined as tasks that directly serve customers, and it allows employers to use the tip credit without limitations. Directly supporting work, on the other hand, are tasks that support tip-producing work but are not customer-facing. Examples of directly supporting work include waiters prepping restaurant dining tables, hotel housekeepers stocking cleaning carts, and salon assistants restocking products. If performed for a substantial amount of time, exceeding 20% of the workweek or 30 consecutive minutes, employers are prevented from claiming tip credit for this time.What Does The 2021 Tip Credit Rule Mean For Employees? If you are a tipped employee and you engage in more than 30 minutes of uninterrupted side work supporting tip-producing activities, you are permitted the full minimum wage. Additionally, employees performing non-tipped work for over 20% of their workweek should receive the full minimum wage. Employers should be aware of varying state laws that may set higher minimum wages or prohibit the use of tip credits altogether. Seven states, including California and Washington, prohibit tip credits. In states with higher minimum wages, employers may need to adjust base pay to comply with state laws.Contact the Working Solutions Law Firm Today If you are a tipped employee concerned about receiving the correct minimum wage, contact us today. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Department of Labor (DOL) is defending its 2021 rule that outlines the type of work eligible for tip credits, as it faces a legal challenge from the Restaurant Law Center and Texas Restaurant Association. Effective December 28, 2021, the new tip credit rule maintains the 80/20 limit on non-tipped duties, which mandates paying full minimum&hellip;</p>\\n"},{"id":23572,"path":"/blog/nj-panel-shuts-down-ex-bloomberg-engineers-attempt-to-revive-age-bias-suit","slug":"nj-panel-shuts-down-ex-bloomberg-engineers-attempt-to-revive-age-bias-suit","modified":"2024-01-22T18:42:52","title":"NJ Panel Shuts Down Ex-Bloomberg Engineer’s Attempt to Revive Age Bias Suit","content":"A New Jersey state appeals panel deemed that Andrew J. Krossowski, an engineer accusing Bloomberg of firing him in violation of the New Jersey Law Against Discrimination, failed to support his claims of age discrimination. Fired in 2020 at 58 years old, Krassowski claims his termination was part of a scheme to replace older employees with younger and lower-paid ones, alleging that two younger contractors were hired in 2018 as part of the company’s plan to push him out. Krassowski further stated Bloomberg did not fire younger employees who had received the same criticisms as the tenured employee. In April 2022 a New Jersey state judge granted Bloomberg’s motion for summary judgment, finding that the company did present legitimate reasons for terminating Krassowski. The judge also included in his opinion that Krassowski failed to show that the company’s reason for termination was a pretext for age discrimination.  Earlier this month, the New Jersey state appeals panel referenced a New Jersey appellate court’s 2014 ruling in Garnes v. Passaic County, stating that Krassowski must demonstrate age “played a role in the decision making process and that it had a determinative influence on the outcome of that process.” Although Krassowski testified about raises, promotions, and the lack of criticism or poor performance evaluations, Bloomberg presented evidence demonstrating the opposite. Krassowski consistently received criticism in his evaluations for taking long amounts of time to complete work, at one point was the lowest rated person on the subteam, and had not received a raise in his base salary since 2016. The panel also noted that the team leader who recommended Krassowski to Bloomberg was over 40 at the time of his hiring and later supported Krassowski’s termination. 2005 decision in Young v. Hobart West Group, the panel said courts “have found discriminatory intent lacking where the decision-makers are over forty when the employment decision was made.” The panel was unpersuaded by Krassowski’s argument that Bloomberg hired two younger contractors with the intention to push him out, stating “arguments based on assumptions or speculation are not enough to defeat a summary judgment motion.”  In their decision, the panel states that Krassowski failed to sustain his burden to support his claim under the Law Against Discrimination due to failing to “present evidence establishing a prima facie case of age discrimination and that defendant’s legitimate non-discriminatory reason for terminating his employment was a pretext for unlawful age discrimination.” New Jersey Law Against Discrimination&nbsp; The New Jersey Law Against Discrimination (LAD) prohibits discrimination and bias-based harassment based on many protected classes in employment, housing, and places of public accommodation (like schools, restaurants, businesses, etc.).&nbsp; LAD prohibits employment discrimination based on actual or perceived:&nbsp; \\nRace or color; National origin, nationality, or ancestry; Religion or beliefs; Sex, pregnancy, or breastfeeding; Sexual orientation; Gender identity or expression; Disability; Marital status or domestic partnership/civil union status; Liability for military service; Age; Atypical hereditary cellular or blood trait, genetic information, and the refusal to submit to a genetic test or make available to an employer the results of a genetic test.\\n LAD prohibits discrimination in all aspects of employment, including but not limited to:&nbsp; \\nRecruitment, job postings, interviews, hiring decisions, and terminations; Compensation, including salary, benefits, and promotions; All terms, conditions, or privileges of employment;&nbsp; Membership in a union.\\n Employees who believe their rights under the LAD have been violated can file a complaint with the NJ Division on Civil Rights within 180 days of the incident.&nbsp; Contact the Working Solutions Law Firm Today Have you been subject to discrimination from your employer? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in Livingston, New Jersey and in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including retaliation and discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A New Jersey state appeals panel deemed that Andrew J. Krossowski, an engineer accusing Bloomberg of firing him in violation of the New Jersey Law Against Discrimination, failed to support his claims of age discrimination. Fired in 2020 at 58 years old, Krassowski claims his termination was part of a scheme to replace older employees&hellip;</p>\\n"},{"id":23567,"path":"/blog/facing-gender-based-discrimination-at-work-contact-working-solutions-law-firm-today","slug":"facing-gender-based-discrimination-at-work-contact-working-solutions-law-firm-today","modified":"2024-01-18T20:13:02","title":"Facing Gender-Based Discrimination At Work? Contact Working Solutions Law Firm Today!","content":"Are you experiencing discrimination at work because of your gender or sexual orientation? If so, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, retaliation, and&nbsp;harassment. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you experiencing discrimination at work because of your gender or sexual orientation? If so, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize&hellip;</p>\\n"},{"id":23562,"path":"/blog/firm-news-working-solutions-law-firm-files-case-against-telehealth-start-up-company-for-gender-pay-discrepancy","slug":"firm-news-working-solutions-law-firm-files-case-against-telehealth-start-up-company-for-gender-pay-discrepancy","modified":"2024-01-18T15:30:41","title":"Firm News: Working Solutions Law Firm Files Case Against Telehealth Start-Up Company For Gender Pay Discrepancy","content":"This month, the Working Solutions Law Firm filed a case with the EEOC against the telehealth start-up company K Health Inc. on behalf of a former engineer lead who experienced discrimination and retaliation internally at the company prior to submitting her resignation.  Julia Cai was K Healths first female Head of Engineering. She performed at a high level in her role and was extremely successful. Despite this, she alleges that she was treated less favorably than her male counterparts.  Retaliation following medical leave is unfortunately not an uncommon occurrence. After Cai took temporary time off to address a health issue, she returned to an office that treated her with increased hostility. Prior to her leave, she also experienced increased scrutiny and hostility compared to her male counterparts. No action was taken to ameliorate documented concerns of discrimination. In late 2022, Ms. Cai decided to resign.  As is common amongst tech startups, stock options were a significant component of the Head of Engineer’s compensation. Our filed Complaint alleges that Cai was awarded significantly fewer options than her male counterparts.&nbsp; At the time she decided she had to resign, Ms. Cai’s options were underwater.&nbsp; She asked K Health’s leaders to adjust the option strike price so that she would receive some value from her options, in light of the significant contributions she made to the Company.&nbsp; Approximately one week after she submitted her resignation, K Health reduced the option strike price for all employees who had been awarded options, except employees who had already submitted resignation letters.&nbsp; The Complaint alleges that K Health excluded Ms. Cai from the benefit of a reduced strike price because of her gender and to retaliate against her.&nbsp;&nbsp;","excerpt":"<p>This month, the Working Solutions Law Firm filed a case with the EEOC against the telehealth start-up company K Health Inc. on behalf of a former engineer lead who experienced discrimination and retaliation internally at the company prior to submitting her resignation.  Julia Cai was K Health&#8217;s first female Head of Engineering. She performed at&hellip;</p>\\n"},{"id":23543,"path":"/blog/experiencing-age-discrimination-at-work-contact-working-solutions-law-firm-today","slug":"experiencing-age-discrimination-at-work-contact-working-solutions-law-firm-today","modified":"2024-01-16T14:50:02","title":"Experiencing Age Discrimination At Work? Contact Working Solutions Law Firm Today!","content":"Are you the victim of age discrimination in your workplace? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;harassment, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach for a consultation today.","excerpt":"<p>Are you the victim of age discrimination in your workplace? If so, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the&hellip;</p>\\n"},{"id":23538,"path":"/blog/live-nation-litigates-against-new-jersey-discrimination-lawsuit","slug":"live-nation-litigates-against-new-jersey-discrimination-lawsuit","modified":"2024-01-12T21:03:05","title":"Live Nation Litigates Against New Jersey Discrimination Lawsuit","content":"Ben Vanden Heuvel  The Lawsuit In April, 2023, New Jersey resident Braden Maurer-Burns filed suit in New Jersey State Court against the event promoter group Live Nation, alleging that Live Nation treated him differently than their other contractors on the basis of sexual orientation. Maurer-Burns’ company Drag Diva contracted with Live Nation to put on drag shows and drag-related content. Maurer-Burns’ claim seeks relief under the New Jersey Law Against Discrimination, which prohibits discrimination on the basis of sexual orientation, among other protected characteristics such as race, gender, and age. Live Nation’s Response Live Nation is litigating against the claim, arguing that the accusation is baseless and that the legal claim is barred by the applicable two-year statute of limitations. Live Nation argues that Maurer-Burns has no personal claim against Live Nation, as he was contracting with his own company and collaborating with Live Nation to put on the drag shows, and that even if he did, the relevant contract was entered into too long ago to bring a claim within the statute of limitations. Live Nation has removed the case to Federal Court, where the judge will rule on the pending motions. Have You Experienced Discrimination on the Basis of Sexual Orientation? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including employment discrimination cases. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel&nbsp; The Lawsuit In April, 2023, New Jersey resident Braden Maurer-Burns filed suit in New Jersey State Court against the event promoter group Live Nation, alleging that Live Nation treated him differently than their other contractors on the basis of sexual orientation. Maurer-Burns’ company Drag Diva contracted with Live Nation to put on&hellip;</p>\\n"},{"id":23533,"path":"/blog/texas-trucking-company-faces-an-overtime-class-action-lawsuit","slug":"texas-trucking-company-faces-an-overtime-class-action-lawsuit","modified":"2024-01-12T20:51:58","title":"Texas Trucking Company Faces An Overtime Class Action Lawsuit","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On January 4th, 2024, Holden Tanner filed a class action lawsuit in a Texas federal court against Reliant Field Services, a Houston-based fuel trucking company. Tanner alleges that Reliant knowingly and deliberately misclassified all of its blue-collar dispatchers as salaried employees to avoid paying them overtime under the Fair Labor Standards Act (FLSA). According to the complaint, dispatchers for Reliant performed nonexempt work related to the companys production side, without engaging in managerial tasks. “Dispatchers were typically responsible for answering driver questions, dispatching drivers for deliveries, and data entry.” However, despite having repeatedly worked 50 to 90 hours a week, they were still classified as exempt from overtime compensation. While the proposed class actions seek to cover all Reliant’s salaries dispatched in the US since January 2021, Tanner seeks to recover his unpaid wages and additional damages between October 2021 and July 2023. The Fair Labor Standards Act and Overtime Wages The Fair Labor Standards Act (FLSA) is a federal law that establishes a federal minimum wage, overtime pay eligibility, recordkeeping, and child labor standards. It mandates that employees should receive a minimum wage for all hours worked, and that for every hour worked over 40 in a given workweek, the employees should be compensated with a rate that is not less than one and one-half times their regular rate of pay. For example, the current minimum wage in the state of New York is $15.00 per hour, therefore, for every hour worked over 40, a minimum wage employee should be compensated with a $22.50 hourly rate. The FLSA also establishes a set of rules and regulations for salary basis requirements regarding misclassification. Generally, in order to qualify for an overtime exempt salary compensation you as an employee must be paid at least $684 per week.&nbsp; If you believe you have not been properly compensated for your overtime hours or have been misclassified by your employer to be paid less than what they are required, then you should contact the Working Solutions Law Firm to potentially recover damages. You may be entitled to recover owed wages from your employer with an additional interest, and our firm specializes in a wide array of employment matters all across the country. Contact the Working Solutions Law Firm Have you not been properly compensated for your work? Do you believe you may have been misclassified by your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages, overtime, and class action suits. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On January 4th, 2024, Holden Tanner filed a class action lawsuit in a Texas federal court against Reliant Field Services, a Houston-based fuel trucking company. Tanner alleges that Reliant knowingly and deliberately misclassified all of its blue-collar dispatchers as salaried employees to avoid paying them overtime under the Fair Labor Standards Act (FLSA). According&hellip;</p>\\n"},{"id":23529,"path":"/blog/are-you-experiencing-discrimination-at-work-contact-working-solutions-law-firm-today","slug":"are-you-experiencing-discrimination-at-work-contact-working-solutions-law-firm-today","modified":"2024-01-11T19:48:35","title":"Are You Experiencing Discrimination At Work? Contact Working Solutions Law Firm Today!","content":"Are you suffering from discrimination in your workplace? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including discrimination, retaliation, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach for a consultation today.","excerpt":"<p>Are you suffering from discrimination in your workplace? If so, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&hellip;</p>\\n"},{"id":23519,"path":"/blog/not-earning-a-tipped-minimum-wage-contact-working-solutions-law-firm-today","slug":"not-earning-a-tipped-minimum-wage-contact-working-solutions-law-firm-today","modified":"2024-01-09T19:44:14","title":"Not Earning A Tipped Minimum Wage? Contact Working Solutions Law Firm Today!","content":"Are you being paid a tipped minimum wage in your restaurant? If not, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime,&nbsp;discrimination, and&nbsp;harassment. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you being paid a tipped minimum wage in your restaurant? If not, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many&hellip;</p>\\n"},{"id":23510,"path":"/blog/whistleblower-lawsuit-against-first-guaranty-mortgage-corp-and-pacific-investment-management-co","slug":"whistleblower-lawsuit-against-first-guaranty-mortgage-corp-and-pacific-investment-management-co","modified":"2024-01-05T21:54:19","title":"Whistleblower Lawsuit Against First Guaranty Mortgage Corp. and Pacific Investment Management Co","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In 2016, Kari Crustcher filed a whistleblower lawsuit in the Georgia federal court against her former company First Guaranty Mortgage Corp (FGMC) and Pacific Investment Management Co. (PIMCO). Crutchers qui tam lawsuit, which permits an individual to pursue a case on behalf of the government and claim its award, alleges that FGMC consistently defrauded the U.S. Department of Housing and Urban Development (HUD) by encouraging its employees to approve applications that “didnt meet the Fair Housing Administrations rules in order to incentivize underwriters to extend loans to low- and middle-income families and first-time homeowners”. Additionally, Crutcher alleged that FGMC “trained its employees to cover up under qualified applications to rake in profits when borrowers defaulted”. Since the original suit, Kari Crustcher has filed two amended complaints alleging similar fraudulent activities by the corporations against the United States government. The second complaint was filed on June 15, 2023, and the third complaint was filed in the state of Delaware in October. However, during this time, FGMC foreclosed and then reorganized itself following a Chapter 11 bankruptcy filing.&nbsp; Following the company’s bankruptcy, on December 21, 2023, Judge Craig T. Goldblatt announced that he needed time to consider the whistleblower lawsuit against the newly reorganized mortgage company. Simultaneously, Pacific Investment Management Company (PIMCO), the co-defendant, also seeks contempt against the whistleblower, Kari Crutcher, arguing that her whistleblower allegations were released under FGMCs Chapter 11 plan after they had declared bankruptcy and that the third amended complaint only included cosmetic tweaks.&nbsp; If Your Company Files For Bankruptcy, Will Your Legal Claim Still Be Viable? &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; When a company files for bankruptcy it enters an intricate legal process that is designed to address its financial difficulties, typically these processes are called a Chapter 7 or Chapter 11. When a company decides to undertake a Chapter 7 bankruptcy process, they must liquidate all of the companys assets to repay its creditors. This is managed by an individual who is appointed by the bankruptcy court to be in charge of overseeing the entire process of selling tangible assets to repay creditors and former administrators. However, if a company decides to file for bankruptcy under Chapter 11, they will be undertaking a process of ensuring the corporation stays in business through a strict process of financial reorganization.The corporation will accomplish this through its creditors, who will conduct a vote on what course of action the company will undertake to ensure all of its outstanding debts are paid. This plan must be approved by the bankruptcy court before its implementation. If you have not yet filed a lawsuit, you cannot do so while a companys bankruptcy is&nbsp; in ongoing effect. However, if youve already filed a lawsuit, you will be treated as a creditor during the liquidation or restructuring process for both Ch.7 and 11. In order to continue with the lawsuit, you must request relief by filing a motion with the bankruptcy court.&nbsp; Contact the Working Solutions Law Firm Do you have pending litigation against a company that has filed for bankruptcy? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In 2016, Kari Crustcher filed a whistleblower lawsuit in the Georgia federal court against her former company First Guaranty Mortgage Corp (FGMC) and Pacific Investment Management Co. (PIMCO). Crutcher&#8217;s qui tam lawsuit, which permits an individual to pursue a case on behalf of the government and claim its award, alleges that FGMC consistently defrauded&hellip;</p>\\n"},{"id":23507,"path":"/blog/new-york-governor-vetoes-bill-to-ban-non-compete-agreements-why-you-should-consult-an-attorney","slug":"new-york-governor-vetoes-bill-to-ban-non-compete-agreements-why-you-should-consult-an-attorney","modified":"2024-01-04T20:09:04","title":"New York Governor Vetoes Bill to Ban Non-Compete Agreements – Why You Should Consult an Attorney","content":"Ben Vanden Heuvel The Veto On December 23, 2023, Governor Kathy Hochul announced that her office would veto pending legislation attempting to ban the enforcement of non-compete agreements in New York State. If you are subject to a non-compete agreement with an employer, it restricts the scope of employment opportunities you can pursue after leaving that employer or being laid off; according to the Federal Trade Commission, 30 million Americans are subject to such agreements.  Some states, such as California, have already banned non-compete agreements, and the legislation in New York would have done the same; however, following strong lobbying, the governor’s office has vetoed the bill, allowing some non-compete agreements to be enforceable in New York. Not all non-compete agreements are enforceable though, and that’s why you should seek legal advice from an experienced employment attorney (link to our site here). Why You Should Consult an Attorney If you are obliged under a non-compete agreement or are thinking about signing one, it would be worthwhile to consult with an employment attorney. There are still legal restrictions on what non-compete agreements are enforceable and what restrictions they can enforce, which an employment attorney can advise on. As explained by the New York Attorney General’s Office, New York Courts have set limits on the scope of restrictions that can apply to you and disfavor agreements which unreasonably restrict your economic freedom. It can be complicated unpacking your agreement and determining what elements may or may not be enforceable, so it is important that you seek advice from a knowledgeable attorney on this matter. The Attorneys at Working Solutions NYC Can Help If you’re looking for legal advice on your non-compete agreement, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;","excerpt":"<p>Ben Vanden Heuvel The Veto On December 23, 2023, Governor Kathy Hochul announced that her office would veto pending legislation attempting to ban the enforcement of non-compete agreements in New York State. If you are subject to a non-compete agreement with an employer, it restricts the scope of employment opportunities you can pursue after leaving&hellip;</p>\\n"},{"id":23500,"path":"/blog/have-questions-about-your-non-compete-agreement-contact-working-solutions-today-2","slug":"have-questions-about-your-non-compete-agreement-contact-working-solutions-today-2","modified":"2024-01-04T18:13:54","title":"Have Questions About Your Non-Compete Agreement? Contact Working Solutions Law Firm Today!","content":"Do you have questions about your non-compete agreement? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including non-compete agreements, severance, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach for a consultation today.","excerpt":"<p>Do you have questions about your non-compete agreement? If so, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&hellip;</p>\\n"},{"id":23493,"path":"/blog/nlrb-judge-clears-whole-foods-from-an-alleged-illegal-uniform-ban","slug":"nlrb-judge-clears-whole-foods-from-an-alleged-illegal-uniform-ban","modified":"2023-12-30T00:09:34","title":"NLRB Judge Clears Whole Foods From An Alleged Illegal Uniform Ban","content":"On December 20th, 2023, a California National Labor Relations Board Judge rejected a general counsel’s claim that Whole Foods violated federal labor laws by banning workers from wearing Black Lives Matter gear. The original suit was first issued on December 3, 2021, wherein Savannah Kinzer and other workers argued that their rights to wear BLM paraphernalia was a protected right under the National Labor Relations Act (NLRA). They filed a lawsuit after Whole Foods management ordered them to remove BLM gear from their uniforms. The prosecutors in favor of the employees asserted that their garbs were tied to work issues, as they “sought to make their black co-workers feel safe and supported” while also attempting to highlight the preexisting racial inequality in the workplace. They made references to instances where black workers were passed over for promotions or assigned worse shifts. However, Judge Sotolongo rejected these claims and stated that the prosecutors’ case failed to show a connection between their wearing BLM paraphernalia as a protest to the alleged job conditions. This decision follows similar cases against Home Depot and Kroger units, with mixed outcomes regarding NLRA violations. The National Labor Relations Act The National Labor Relations Act (NLRA) is a federal law that Congress passed in 1935. This legislation is meant to give employees who work in private-sector workplaces the right to seek better working conditions and designation of representation without fear of retaliation. The law allows employees to participate in union organizations, which negotiate on their behalf over the terms and conditions of their employment with the corporation’s designated employer. Additionally, it also allows for concerted activities that seek mutual aid and protection in the workplace. An example of a concerted activity is when employees collectively negotiate for better wages or working conditions through discussions or union participation. All employees, union or not, have the right to participate in protected strikes, pickets, or protests regarding work-related issues. However, the rights to engage in such activities depend on the desired objective. In regards to the case involving Whole Foods, the NLRB judge determined that there was a lack of a clear connection between the workers BLM movement protest efforts and their work environment. Therefore, the judge ruled in favor of Whole Foods because the NLRA does not protect concerted activities if there is no imminent,&nbsp; clear relevance between the political action and the workplace.&nbsp; Contact the Working Solutions Law Firm Have you been retaliated against after altering your uniform for personal or religious reasons? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination, retaliation, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;On December 20th, 2023, a California National Labor Relations Board Judge rejected a general counsel’s claim that Whole Foods violated federal labor laws by banning workers from wearing Black Lives Matter gear. The original suit was first issued on December 3, 2021, wherein Savannah Kinzer and other workers argued that their rights to wear BLM&hellip;</p>\\n"},{"id":23487,"path":"/blog/have-you-been-wrongfully-terminated-contact-working-solutions-law-firm-today","slug":"have-you-been-wrongfully-terminated-contact-working-solutions-law-firm-today","modified":"2023-12-28T19:16:26","title":"Have You Been Wrongfully Terminated? Contact Working Solutions Law Firm Today!","content":"Have you been wrongfully terminated from your job? If so, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including discrimination, retaliation, and&nbsp;severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been wrongfully terminated from your job? If so, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the&hellip;</p>\\n"},{"id":23482,"path":"/blog/do-you-have-questions-about-whistleblower-rights-contact-working-solutions-law-firm-today","slug":"do-you-have-questions-about-whistleblower-rights-contact-working-solutions-law-firm-today","modified":"2024-01-04T18:12:31","title":"Do You Have Questions About Whistleblower Rights? Contact Working Solutions Law Firm Today!","content":"Do you have questions about whistleblower rights? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including retaliation, discrimination, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach for a consultation today.","excerpt":"<p>Do you have questions about whistleblower rights? If so, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including retaliation,&hellip;</p>\\n"},{"id":23480,"path":"/blog/delivery-drivers-push-for-overtime-pay-from-joint-employers","slug":"delivery-drivers-push-for-overtime-pay-from-joint-employers","modified":"2023-12-26T17:59:27","title":"Delivery Drivers Push For Overtime Pay From “Joint Employers”","content":"Furniture chain Bob’s Discount Furniture and its delivery service provider RXO Last Mile filed separate motions for summary judgment in an ongoing unpaid overtime lawsuit being pursued by drivers for each company. In the lawsuits, a summary judgment provided a ruling in favor of one party and against the other y without a full trial. Both Bob’s Discount and RXO argued that they could not be held liable as employers required to pay overtime  claims that the delivery drivers are now challenging. BackgroundDelivery drivers filed the class-action lawsuit in 2017, and they alleged that Bob’s Discount and RXO acted as joint employers that misclassified their drivers as independent contractors in order to avoid paying overtime to those working over 40 hours a week. In their motions for summary judgment, Bob’s Discount and RXO pushed back against this claim that they were joint employers, arguing that their operations were separate. Both businesses claimed that they had no ability to hire, fire, assign, or supervise workers.&nbsp; According to the Workers: Evidence of Joint Employment Contrary to the companies assertions, the workers argue that both entities had the power to make critical employment decisions: Bobs and RXO allegedly both oversaw driver operations. Background checks and drug tests, mandated by Bobs, were carried out by RXO. Bobs imposed tracking devices for deliveries, monitored work through performance metrics, and assigned tasks based on performance, illustrating a shared role in day-to-day operations. Further evidence of shared decision-making was cited in the form of the collaboration between Bob’s and RXO in managing delivery teams. Bobs informed RXO of underperforming teams and allowed the contractor to address issues. If problems persisted, Bobs allegedly suggested or mandated that RXO terminate the services of the problematic team. Overtime and Employee Classification Workers provided the classification of “employee” are legally required to have certain protections, including the provision of overtime pay. In the workers’ reply, they argue that “employees of “trucking industry employer[s]” are entitled to an overtime premium rate of one and one-half times the minimum wage for each hour worked more than forty (40) hours in a week” under New Jersey wage laws.&nbsp; Because Bob’s Discount and RXO maintained a level of operational control over the workers’ day-to-day responsibilities congruent with the title of “employer,” drivers continue to assert that both companies, as joint employers, are jointly liable for unpaid overtime. Contact the Working Solutions Law Firm Today&nbsp;If you are an independent contractor whose employer may not be classifying you correctly, contact us today. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Furniture chain Bob’s Discount Furniture and its delivery service provider RXO Last Mile filed separate motions for summary judgment in an ongoing unpaid overtime lawsuit being pursued by drivers for each&nbsp; company. In the lawsuits, a summary judgment provided a ruling in favor of one party and against the other y without a full trial.&hellip;</p>\\n"},{"id":23477,"path":"/blog/papa-johns-faces-improper-wage-lawsuit","slug":"papa-johns-faces-improper-wage-lawsuit","modified":"2023-12-23T23:55:22","title":"Papa Johns Faces Improper Wage Lawsuit","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On December 12, 2023, former employees Endier Ventura and Steven Robles filed a collective action lawsuit in a New York federal court against six Papa Johns franchise entities, including PJ National New York and PJ National Bronx. They accused the establishments of having violated wage and scheduling regulations that are outlined in the Fair Labor Standards Act (FLSA), and New York Labor Law (NYLL). Ventura and Robles both typically “handled duties such as making deliveries, customer service, preparing food, and cleaning”. Their lawsuit alleged that the franchisers failed to pay proper minimum wage, overtime, and provide adequate scheduling notice for shifts. The two workers who brought the suit forward provided detailed instances of ‘time shaving’, failure to pay a proper overtime rate, and a failure to receive a “spread of hours” when either one worked more than 10 hours in a given day. As of right now, there are more than 30 workers who will be included in the collective action. The Rights Provided by FLSA and NYLL There are three main takeaways to be made from this lawsuit and the laws it cites. Firstly, if you work more than forty hours a week, every hour in addition to the forty is entitled to time and a half under the New York Labor Law&nbsp; (NYLL)(Section 652) and the Fair Labor Standards Act (FLSA) (Section 206). Therefore, if you believe you have not been properly compensated for your overtime hours then you should contact one of our attorneys to recover these damages. The second takeaway to be made is in regard to any unpaid wages. Under the NYLL (Section 198,1-a) and FLSA (Section 216b), if you have billable hours that have gone unpaid, then you are entitled to recover them from your employer with additional interest.&nbsp; The final takeaway has to do with scheduling rights/protections. Two of the claims in the Papa Johns lawsuit are in relation to time ‘time shaving’ and ‘spread of hours’. Time shaving is when an employer deducts time from a timesheet or alters it inappropriately in order to avoid having to pay overtime. Spread of hours pay refers to your employer’s obligation to pay employees an additional hour at minimum wage when they work over ten hours in a given day. It is also important to note that while the NYLL is only applicable in the state of New York, most states have adopted their own labor laws to dictate overtime rules and more. Meanwhile, the FLSA is a federal law that applies to everyone. Our firm specializes in employment matters all across the country, and if you need legal assistance, we would be more than happy to assist you with your respective employment issue. Contact the Working Solutions Law Firm Do you have unpaid wages? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On December 12, 2023, former employees Endier Ventura and Steven Robles filed a collective action lawsuit in a New York federal court against six Papa Johns franchise entities, including PJ National New York and PJ National Bronx. They accused the establishments of having violated wage and scheduling regulations that are outlined in the Fair&hellip;</p>\\n"},{"id":23471,"path":"/blog/do-you-have-unpaid-wages-contact-working-solutions-law-firm-today","slug":"do-you-have-unpaid-wages-contact-working-solutions-law-firm-today","modified":"2023-12-22T18:19:58","title":"Do You Have Unpaid Wages? Contact Working Solutions Law Firm Today!","content":"Do you have unpaid wages at work? If so, you should seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime, severance, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have unpaid wages at work? If so, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the&hellip;</p>\\n"},{"id":23435,"path":"/blog/working-solutions-law-firm-a-ny-employment-law-firm-announces-new-action-on-unpaid-wages-and-overtime-in-the-security-services-industry-2","slug":"working-solutions-law-firm-a-ny-employment-law-firm-announces-new-action-on-unpaid-wages-and-overtime-in-the-security-services-industry-2","modified":"2023-12-23T01:01:16","title":"Working Solutions Law Firm, a NY Employment Law Firm, Announces New Action on Unpaid Wages and Overtime in the Security Services Industry","content":"New York, NY  December 22, 2023. Working Solutions Law Firm, a team of top-rated attorneys working on employment law including unpaid wages and overtime issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, has announced new litigation in the US District Court Eastern District of New York. The case is Civil Action No. 1:23-cv-8355, and concerns Mr. Pedro Rodriguez v. Inter-Con Security Systems, inc. More information can be found via the official website at https://www.nyed.uscourts.gov/ and via https://pacer.uscourts.gov/.   Every worker, no matter what industry, is entitled by law to the correct payment of wages, including overtime, remarked Chris Q. Davis, Managing Partner. This case alleges the non-payment of required overtime pursuant to New York Labor Law. Here is background on this litigation. Pedro Rodriguez, represented by The Law Office of Christopher Q. Davis, PLLC, has filed a collective and class action lawsuit in the US District Court, Eastern District of New York, against Inter-Con Security Systems, Inc. The action alleges violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) related to non-exempt hourly Airport Security Agents (ASAs) and Lead Airport Security Agents (LASAs) at John F. Kennedy International Airport (JFK). Plaintiffs claim that Inter-Con denied them gap time compensation and overtime pay by requiring them to work off-the-clock after their scheduled hours and failing to provide accurate wage statements. Pedro Rodriguez serves as the Lead Plaintiff, and Inter-Con is identified as the defendant. The complaint asserts that Inter-Con qualifies as an employer under both FLSA and NYLL and controlled the work performed by the plaintiffs. Additionally, it mentions that Inter-Cons gross business volume meets the statutory threshold for FLSA coverage. Media seeking more information on this case are encouraged to contact the law firm at (646) 430-7930. In addition, persons who may think that they are being subjected to unpaid wages or unpaid overtime are encouraged to reach out for a free consultation with an attorney or visit https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime. Unpaid wages and overtime pose significant issues in New York and New Jersey. Irrespective of being salaried or hourly employees, those working over 40 hours per week should receive additional compensation. Individuals experiencing payment discrepancies are encouraged to reach out to a confidential legal consultation.  ABOUT WORKING SOLUTIONS LAW FIRM Working Solutions Law Firm is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY &#8211; December 22, 2023. Working Solutions Law Firm, a team of top-rated attorneys working on employment law including unpaid wages and overtime issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, has announced new litigation in the US District Court Eastern District of New York. The case is Civil Action No. 1:23-cv-8355,&hellip;</p>\\n"},{"id":23465,"path":"/blog/pokemon-go-company-sued-for-discrimination","slug":"pokemon-go-company-sued-for-discrimination","modified":"2024-03-02T16:41:42","title":"Pokémon Go Company Sued for Discrimination","content":"","excerpt":""},{"id":23458,"path":"/blog/disney-faces-gender-pay-gap-class-action","slug":"disney-faces-gender-pay-gap-class-action","modified":"2023-12-20T20:49:08","title":"Disney Faces Gender Pay Gap Class Action","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On December 8, 2023, a California state judge certified a lawsuit against Disney to be pursued as a class action for claims of discriminatory pay practices. The suit consists of current and former female Disney employees who all claim systematic underpayment for similar jobs, and that Disney “routinely underpays its female employees, passes them over for promotion, piles on extra work without additional compensation, and does not supply sufficient support staff to allow women to succeed at their jobs. Walt Disney Co. has responded to this statement by arguing that the women failed to identify what “substantially similar” jobs are, but this assertion was rejected by the judge.&nbsp; The suit consists of at least 8,900 women who have alleged that Disney collectively paid them at least $150 million less than their male counterparts over the last four years. The nine-dollar estimated figure was provided by an economics professor from the University of California, Irvine, David Neumark. As an expert in labor economics and market discrimination, Neumark was hired to conduct research on Disney’s compensation practices, and he concluded that Disney paid its women employees on average about 2.01% less than males. When put into perspective of the case, Neumark stated that over the last 4.38 years women have been underpaid $2,766 annually. Disney has disputed this research and argued that Laronda Rasmussen and the womans appeal for class certification “rests on statistical nonsense and factual inaccuracies”. However, the lawsuit has now been certified as a class action, and the case will move forward&nbsp; to “address wage gaps and receive effective injunctive and monetary remedies” with Disney.&nbsp; Gender Discrimination and Unequal Pay The U.S. Equal Employment Opportunity Commission (EEOC) prohibits the practice of treating someone unfavorably because of their preferred sexual orientation or gender identity. In regards to workplace situations, the EEOC goes even further by forbidding discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, lay off, training, fringe benefits, and any other term or condition of employment. The Equal Pay Act upholds this protection as well by mandating that men and women working in the same establishment must receive equal pay based on job content, not based on specific job titles. This protection covers various forms of compensation such as salary, overtime pay, bonuses, stock options, insurance, vacation, and others. Contact the Working Solutions Law Firm Have you been paid less than your counterparts on a seemingly discriminatory basis? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On December 8, 2023, a California state judge certified a lawsuit against Disney to be pursued as a class action for claims of discriminatory pay practices. The suit consists of current and former female Disney employees who all claim systematic underpayment for similar jobs, and that Disney “routinely underpays its female employees, passes them&hellip;</p>\\n"},{"id":23453,"path":"/blog/new-york-city-legislation-banning-height-and-weight-discrimination-is-now-in-effect","slug":"new-york-city-legislation-banning-height-and-weight-discrimination-is-now-in-effect","modified":"2023-12-20T18:25:43","title":"New York City Legislation Banning Height and Weight Discrimination is Now in Effect","content":"Ben Vanden Heuvel  As of Sunday, November 26, 2023, a new law prohibiting height and weight discrimination in employment, housing, and public accommodations was signed into&nbsp; effect in New York City. Mayor Adams had signed the proposed law, Intro. 209-A, on May 26, 2023. The New Body Size Law&nbsp; According to New York City Human Rights Commissioner Annabel Palma, “the New York City Human Rights Law now makes clear that no one should be denied an opportunity based on height or weight in employment, housing, and public accommodations. As we have done for decades, the Commission looks forward to working with all stakeholders to cultivate an equitable city for all.”&nbsp; The statute will make unlawful any discrimination on the basis of a person’s size (height or weight) in employment, housing, and public accommodations. Exceptions The NYC Commission on Human Rights notes that some exceptions exist to the prohibition. These include: “employers needing to consider height or weight in employment decisions only where required by federal, state, or local laws or regulations or where the Commission on Human Rights permits such considerations because height or weight may prevent a person from performing essential requirements of a job and no alternative is available or this criteria is reasonably necessary for the normal operation of the business.” The same exception is available in public accommodations, where consideration of size is necessary for the essential requirements of the accommodation or mandated by other law. Have You Experienced Unlawful Discrimination in Employment? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including employment discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel&nbsp; As of Sunday, November 26, 2023, a new law prohibiting height and weight discrimination in employment, housing, and public accommodations was signed into&nbsp; effect in New York City. Mayor Adams had signed the proposed law, Intro. 209-A, on May 26, 2023. The New Body Size Law&nbsp; According to New York City Human&hellip;</p>\\n"},{"id":23437,"path":"/blog/was-your-team-laid-off-without-warning-contact-working-solutions-law-firm-today","slug":"was-your-team-laid-off-without-warning-contact-working-solutions-law-firm-today","modified":"2023-12-19T17:34:02","title":"Was Your Team Laid Off Without Warning? Contact Working Solutions Law Firm Today!","content":"Has your team been laid off without any warning or proper notice from your employer? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;A mass layoff at your workplace may constitute a violation of the Worker Adjustment and Retraining Notification Act, or “WARN Act,” which is designed to protect employees against mass layoffs without proper notice. Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including the WARN Act,&nbsp;severance, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Has your team been laid off without any warning or proper notice from your employer? If so, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;A mass layoff at your workplace may constitute a violation of the Worker Adjustment and Retraining Notification Act,&hellip;</p>\\n"},{"id":23445,"path":"/blog/motion-to-dismiss-denied-judge-decides-trucking-co-will-face-warn-suit","slug":"motion-to-dismiss-denied-judge-decides-trucking-co-will-face-warn-suit","modified":"2023-12-18T20:05:38","title":"Motion to Dismiss Denied: Judge Decides Trucking Co. Will Face WARN Suit","content":"U.S. District Judge Frank D. Whitney refused to dismiss a proposed class action against Blue Max Transport Inc. for allegations that the company did not provide their workers with sufficient notice before laying off their entire staff. Former Blue Max Transport employee, Richard Lavigne-Soucie, filed a lawsuit in August after being one of the 120 employees laid off by the company in December. Lavigne-Soucie claims that Blue Max Transport violated the federal Worker Adjustment and Retraining Notification (WARN) Act by terminating all their employees without giving them proper notice. The proposed class action seeks to represent Lavigne-Soucie and other similarly situated employees, who may be entitled under the WARN Act to recovered wages and benefits.  Blue Max Transport filed a motion to dismiss the claims in September, claiming that Lavigne-Soucie does not have statutory standing to sue under the WARN Act since the “injury-in-fact” required under Article III of the Constitution to bring a case to court was missing. The judge denied this argument and motion, noting that Plaintiff’s loss of employment at Blue Max Transport was a sufficient injury for statutory standing.  What is Article III?&nbsp; Article III of the Constitution of the United States establishes the federal government’s judicial branch and lays down the definitions and requirements within it. One of them being the requisites for standing, which determines whether a party has the right to bring a lawsuit. Under Article III there are three elements for standing: the plaintiff must have personally (1) suffered an actual or threatened injury; (2) that the injury was caused by the actions of the defendant; and (3) that a favorable court decision would redress the injury.&nbsp;&nbsp; Blue Max Transport attempted to dismiss Lavigne-Soucie’s case on the grounds that he had not sustained an injury, since he was offered another job with one of the company’s subsidiaries following his initial layoff. Judge Whitney disagreed and noted that since the Plaintiff’s affidavit indicates that he was told to apply for a new job position within a different company and not simply transferred as an employee, it constituted an employment loss. Furthermore, Judge Whitney included in his motion that under Article III monetary harms are qualifiable as concrete injuries, furthering that Lavigne-Soucie’s claims have standing under Article III.&nbsp; What is the WARN Act? The Worker Adjustment and Retraining Notification (WARN) Act under the U.S. Department of Labor helps to ensure employees of advanced notice in cases of certain qualified plant closings and mass layoffs. It requires employers with 100 or more full-time employees (not counting workers that have fewer than 6 months on the job) to provide their employees with at least 60 calendar days advance written notice of a worksite closing or layoff that affects 50 or more employees. There are exceptions to the WARN Act, such as when dislocations are caused by natural disasters, unforeseen business circumstances, and faltering companies. Further details about the WARN Act are available here.&nbsp; If an employer violates the WARN Act to notify their employees, each affected employee is entitled to an amount equal to back pay and benefits for the period of violation, up to 60 days. Although the Department of Labor does not have enforcement authority under WARN, workers and unions can bring these suits in federal court to enforce their rights. Employers that fail to provide notice as required to a unit of local government are subjected to a civil penalty not exceeding $500 for each day in violation.&nbsp; Contact the Working Solutions Law Firm Today Have you been affected by a mass layoff without proper notice? If you think you might have a claim, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>U.S. District Judge Frank D. Whitney refused to dismiss a proposed class action against Blue Max Transport Inc. for allegations that the company did not provide their workers with sufficient notice before laying off their entire staff. Former Blue Max Transport employee, Richard Lavigne-Soucie, filed a lawsuit in August after being one of the 120&hellip;</p>\\n"},{"id":23430,"path":"/blog/are-you-facing-discrimination-because-of-your-appearance-contact-working-solutions-law-firm-today","slug":"are-you-facing-discrimination-because-of-your-appearance-contact-working-solutions-law-firm-today","modified":"2023-12-14T21:14:00","title":"Facing Discrimination Because Of Your Appearance? Contact Working Solutions Law Firm Today!","content":"Are you experiencing discrimination at work because of your appearance? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, retaliation, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you experiencing discrimination at work because of your appearance? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of&hellip;</p>\\n"},{"id":23426,"path":"/blog/are-you-experiencing-unequal-pay-at-work-contact-working-solutions-law-firm-today","slug":"are-you-experiencing-unequal-pay-at-work-contact-working-solutions-law-firm-today","modified":"2023-12-12T21:27:18","title":"Are You Experiencing Unequal Pay At Work? Contact Working Solutions Law Firm Today!","content":"Are you being paid less than your colleagues at work? If so, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including discrimination, retaliation, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you being paid less than your colleagues at work? If so, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many&hellip;</p>\\n"},{"id":23421,"path":"/blog/wells-fargo-faces-overtime-lawsuit","slug":"wells-fargo-faces-overtime-lawsuit","modified":"2023-12-11T16:14:01","title":"Wells Fargo Faces Overtime Lawsuit.","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On November 30, 2023, senior premier banker Sabrina Perez, filed a class and collective action suit against Wells Fargo in the California Federal Court. Perez alleged that Wells Fargo misclassified their bankers as overtime-exempt, thereby denying them overtime pay which is a protected right under the Fair Labor Standards Act (FLSA). Furthermore, Perez asserted claims that she and her exercised little discretion over automated tasks, which precluded the bank from treating them as overtime exempt. Additionally, she stated that their primary non-exempt duties involved the use of automated software tools, and that as a result of “chronic and intentional” understaffing, they have been forced to perform additional tasks that have typically been reserved for non exempt clerical workers (Bank Tellers and Personal Bankers). These tasks include general customer service and transaction assistance. Perez is now seeking compensation for unpaid overtime wages and liquidated damages. She intends to accomplish this on behalf of not only herself, but for a proposed nationwide collective of senior premier bankers who were employed by the bank in the past three years. This complaint has also been extended to represent premier bankers in the state of New Mexico. The Fair Labor Standards Act and Overtime Wages The Fair Labor Standards Act (FLSA) is a federal law that establishes a federal minimum wage, overtime pay eligibility, recordkeeping, and child labor standards. It mandates that employees should receive a minimum wage for all hours worked, and that for every hour worked over 40 in a given workweek, the employees should be compensated with a rate that is not less than one and one-half times the regular rate of pay. For example, the current minimum wage in the state of New York is $15.00 per hour, therefore, for every hour worked over 40 an employee should be compensated with a $22.50 hourly rate.&nbsp;&nbsp; If you believe you have not been properly compensated for your overtime hours, then you should contact our office to potentially recover damages. You may be entitled to recover owed wages from your employer with an additional interest.&nbsp; Our firm specializes in employment matters all across the country, and if you need legal assistance, we would be more than happy to assist you with your respective employment issue. Contact the Working Solutions Law Firm Do you have unpaid wages? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA, Class Actions, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On November 30, 2023, senior premier banker Sabrina Perez, filed a class and collective action suit against Wells Fargo in the California Federal Court. Perez alleged that Wells Fargo misclassified their bankers as overtime-exempt, thereby denying them overtime pay which is a protected right under the Fair Labor Standards Act (FLSA). Furthermore, Perez asserted&hellip;</p>\\n"},{"id":23416,"path":"/blog/do-you-have-unpaid-overtime-wages-contact-working-solutions-law-firm-today","slug":"do-you-have-unpaid-overtime-wages-contact-working-solutions-law-firm-today","modified":"2023-12-07T14:45:46","title":"Do You Have Unpaid Overtime Wages? Contact Working Solutions Law Firm Today!","content":"Is your employer failing to properly pay you for your overtime hours? If so, you should seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. State and local law in New York City, New York State, and New Jersey require that employees receive time-and-a-half pay for any hour worked over 40 per week.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;severance, and&nbsp;discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer failing to properly pay you for your overtime hours? If so, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. State and local law in New York City, New York State, and New Jersey require that employees receive&hellip;</p>\\n"},{"id":23413,"path":"/blog/ex-ny-governor-cuomo-sued-under-temporary-adult-survivors-act","slug":"ex-ny-governor-cuomo-sued-under-temporary-adult-survivors-act","modified":"2023-12-06T16:09:22","title":"Ex-NY Governor Cuomo Sued Under Temporary Adult Survivors Act","content":"Brittany Commisso, a former executive assistant to Andrew Cuomo, has filed a lawsuit under the now-expired Adult Survivors Act accusing the ex-New York Governor of a pattern of continuous sexual harassment in the workplace, including sexualized comments, demeaning tasks, and unwanted physical contact. Under the Adult Survivors Act, the statute of limitations for such lawsuits was extended, providing survivors like Commisso an opportunity to seek legal recourse. Cuomo, who has consistently denied the allegations, is now facing renewed legal challenges. The Adult Survivors Act The Adult Survivors Act was passed by the New York State Assembly in May 2022. It provided a unique opportunity to victims of sexual abuse to seek justice. Starting from November 2022, a one-year time window was created for survivors to file lawsuits against offending individuals or institutions, even if the statute of limitations had expired.  Since the law’s enactment, a range of allegations have been brought forward, some of them against prominent figures like Mayor Eric Adams and music executive Sean “Diddy” Combs. Others have been launched against institutions. Columbia University’s hospital system, for example, is facing hundreds of lawsuits from patients of Robert A. Hadden, a former gynecologist convicted of sexually abusing his patients. According to the New York Times, over 3,000 civil suits were filed in total before the ASA’s expiration this month. New Legal Avenues for Survivors Commissos case against Cuomo first gained prominence when she publicly accused Cuomo of sexual harassment on CBS Mornings in 2021, alleging that he groped her twice while she was his employee. Until the passage of the Adult Survivors Act, however, no legal recourse was available. The lawsuit contends that after rejecting Cuomos advances, Commisso faced retaliation, including demotion and the assignment of demeaning tasks.&nbsp; Despite the success of the Adult Survivors Act in providing a platform for survivors to share their stories, advocates are now turning their attention to new legislation. There is a growing call to either create another window for lawsuits or make permanent the ability to file civil lawsuits for sexual assault beyond the statute of limitations in New York State.&nbsp; Contact the Working Solutions Law Firm Today&nbsp; Have you been the victim of workplace sexual harassment? If you have reason to believe that you are a victim of inappropriate and illegal sexual misconduct, contact us today. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;","excerpt":"<p>Brittany Commisso, a former executive assistant to Andrew Cuomo, has filed a lawsuit under the now-expired Adult Survivors Act accusing the ex-New York Governor of a pattern of continuous sexual harassment in the workplace, including sexualized comments, demeaning tasks, and unwanted physical contact. Under the Adult Survivors Act, the statute of limitations for such lawsuits&hellip;</p>\\n"},{"id":23411,"path":"/blog/what-are-my-rights-as-an-employee-regarding-the-use-of-cannabis","slug":"what-are-my-rights-as-an-employee-regarding-the-use-of-cannabis","modified":"2023-12-05T21:49:09","title":"What Are My Rights as an Employee Regarding the Use of Cannabis?","content":"Ben Vanden Heuvel  Employers Cannot Discriminate for Legal, Personal Use of Cannabis New York Labor Laws have been amended to reflect that use of legal cannabis by adults over 21 is a legal consumable product, and as such, employers cannot take adverse action against employees for personal use of cannabis in their own time. The Department of Labor notes that protected cannabis use is the legal, private use of cannabis, outside of the workplace and work hours, and without use of the employer’s property. When Can Employers Take Action Against Employees for Cannabis Use? New York Labor Laws permit employers to take adverse action against employees for cannabis use in several circumstances including: use of illegal cannabis (unregulated cannabis sold and transported outside of licensed dispensaries, sold to individuals under the age of 21, etc.), use of cannabis on the worksite or during work hours (including on breaks at the worksite), use of cannabis which impairs the employee’s performance, and when the employer is required to do so by federal law or a federal contract (as federal law does not protect cannabis use). Employers can also prohibit bringing cannabis products to work. You can read NY State’s cannabis regulations here. What About Remote Work? One common question is whether employees who work remotely from their home can be retaliated against for cannabis use. New York Labor Law does not consider a private domicile to be a worksite even for remote workers, so in this sense the answer is no. However, if the employee uses cannabis in a way that impairs their performance during work hours, the employer may take adverse action. Can an Employer Require Drug Testing for Cannabis? No, an employer cannot require you to take a drug test for cannabis use, unless a federal contract requires them to do so, or the employee exhibits “articulable symptoms of cannabis impairment” which harm workplace safety or employee performance. The DOL states, regarding “articulable symptoms of cannabis impairment”: “There is no dispositive and complete list of symptoms of impairment. Rather, articulable symptoms of impairment are objectively observable indications that the employee’s performance of the duties of their position are decreased or lessened. Employers are cautioned that such articulable symptoms may also be an indication that an employee has a disability protected by federal and state law (e.g., the NYS Human Rights Law), even if such disability or condition is unknown to the employer.” Use of Illegal Drugs is Not Protected Keep in mind that the above provisions apply to cannabis use since its legalization. The use of illegal drugs is not protected in the same way. See the Department of Labor’s Drug and Alcohol Use Prevention page for more information. Have You Been Wrongfully Disciplined or Terminated for Protected Marijuana Use? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers specialize in many areas of the law, including discrimination based on protected activities. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel Employers Cannot Discriminate for Legal, Personal Use of Cannabis New York Labor Laws have been amended to reflect that use of legal cannabis by adults over 21 is a legal consumable product, and as such, employers cannot take adverse action against employees for personal use of cannabis in their own time. The&hellip;</p>\\n"},{"id":23406,"path":"/blog/facing-discrimination-through-drug-testing-at-work-contact-working-solutions-law-firm-today","slug":"facing-discrimination-through-drug-testing-at-work-contact-working-solutions-law-firm-today","modified":"2023-12-05T16:55:51","title":"Facing Discrimination Through Drug Testing At Work? Contact Working Solutions Law Firm Today!","content":"Is your employer using drug tests to discriminate against you? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, retaliation, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer using drug tests to discriminate against you? If so, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the&hellip;</p>\\n"},{"id":23403,"path":"/blog/boston-pays-2-6m-settlement-to-cops-over-racially-biased-drug-tests","slug":"boston-pays-2-6m-settlement-to-cops-over-racially-biased-drug-tests","modified":"2023-12-04T19:45:19","title":"Boston Pays $2.6M Settlement to Cops Over Racially-Biased Drug Tests","content":"The city of Boston and a group of Black police officers have reached a $2.6 million settlement to rectify claims that the careers of POC officers were unfairly derailed due to an unreliable and racially-biased form of drug testing using hair follicles. The long-standing case was first filed in 2005 in Suffolk County Superior Court but has since gone to the First Circuit Court of Appeals twice, once in 2014 and once in 2016, and had a bench trial before U.S. District Court Judge Douglas Woodlock in 2018. Although a settlement was reached in November of this year, interestingly enough, the hair follicle drug test under scrutiny in this case was abandoned two years ago by the city of Boston as part of their “Movement to End Racism.”  How Is This Drug Test Racially-Biased?  The hair follicle test used to evaluate the presence of drugs in the police officers came from the Psychemedics Corporation, a company with over 30 years experience in the hair testing industry. In the 2018 bench trial, experts testified that Psychemedics’ hair tests could not reliably distinguish drug particles of external sources from drug particles that were ingested, which imposed a huge concern on the validity of the test. The experts also testified that the texture of Black people’s hair and some beauty products used by Black consumers made the test more likely to generate a false positive result.&nbsp; Due to these factors, the hair follicle test used by Boston was found to disproportionately impact Black police officers as they were more likely to receive a false positive result. The case was originally filed in 2005, only eight years after the city first began administering the hair test to police officers in 1997. Although some of the officers have been reinstated, the 18-year long legal battle forced many to pursue new career paths. The $2.6 million settlement will be distributed based on the losses suffered by each plaintiff.  The True Cost of Ineffective Drug Testing After reaching the $2.6 million settlement, the city of Boston had already spent over $4.5 million on this case alone. As of 2019 the city had already spent about $2.1 million on litigation costs, a number which has only grown over the previous four years. As the case took 18 years to settle, all of the attorney’s fees, court filing fees, expert witness fees, and other costs of case preparation and presentation kept piling up.&nbsp; Contact the Working Solutions Law Firm Today Have you been wrongfully terminated following a faulty drug test? If you think you might have a claim of gender discrimination, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The city of Boston and a group of Black police officers have reached a $2.6 million settlement to rectify claims that the careers of POC officers were unfairly derailed due to an unreliable and racially-biased form of drug testing using hair follicles. The long-standing case was first filed in 2005 in Suffolk County Superior Court&hellip;</p>\\n"},{"id":23390,"path":"/blog/firm-news-new-class-action-complaint-filed-against-walmart-for-misclassification-of-delivery-drivers","slug":"firm-news-new-class-action-complaint-filed-against-walmart-for-misclassification-of-delivery-drivers","modified":"2023-12-01T16:34:55","title":"Firm News: New Class Action Complaint Filed Against Walmart for Misclassification of Delivery Drivers","content":"The Working Solutions Law Firm is proud to represent workers of all backgrounds, industries, and positions in their cases of injustice. This week, our firm co-filed a putative class action lawsuit against Walmart in Washington state for misclassifying their delivery drivers as independent contractors and subsequently withholding minimum and overtime wages, as well as affording them proper breaks and sick leave.  The representative plaintiff, Joshua Walz, alleged that he was wrongfully classified as an independent contractor while working as a delivery “Spark” driver for Delivery Drivers Inc, a gig-labor management company owned by Walmart. Spark drivers hauled loads of goods for Walmart, allegedly under the company’s explicit direction. Our filed complaint argues that Walmart excessively managed the operations and timing of their Spark drivers’ work, breaching the line to call these workers independent contractors.  Complaint Filed Against Walmart The filed complaint can be reviewed at this link. Given the high-profile nature of the case against the country’s largest employer, the case of Walz v. Walmart has also been reported on in the legal outlet Law360 in an article accessible here. The case seeks to represent all similarly-situated individuals of Spark delivery drivers misclassified as independent contractors who were denied rightful overtime pay, minimum wage, breaks, and sick leave.&nbsp;  The attorneys at the Working Solutions Law Firm are highly skilled in cases of unpaid wages, misclassification, and wrongful termination. Our team has reported on the burgeoning issue of misclassification of employees as independent contractors at our blog.  If you believe you may be the victim of misclassification, contact the Working Solutions Law Firm today for a free consultation. Our experienced attorneys are here to evaluate your claims and help assess your options. Call us at (646) 430-7930 or send us a message through our website today.","excerpt":"<p>The Working Solutions Law Firm is proud to represent workers of all backgrounds, industries, and positions in their cases of injustice. This week, our firm co-filed a putative class action lawsuit against Walmart in Washington state for misclassifying their delivery drivers as independent contractors and subsequently withholding minimum and overtime wages, as well as affording&hellip;</p>\\n"},{"id":23379,"path":"/blog/what-is-the-adult-survivors-act","slug":"what-is-the-adult-survivors-act","modified":"2023-11-30T20:31:33","title":"What Is The Adult Survivors Act?","content":"Mateo Campos On May 24th, 2022, Governor Kathy Hochul of New York signed the Adult Survivors Act (ASA) into legislation which went into effect on November 24th, 2022. The purpose of this legal statute was to create a one-year window for survivors of sexual assault to bring forth a suit against their respective perpetrators. The statute temporarily gave victims the abilities to take legal action against their alleged abusers in cases of sexual assault, despite statute of limitations that may have passed. Thus far the legislation has given rise to more than 2,500 lawsuits that allege sexual assault across decades. While a notable amount of these suits have been filed towards previous employers and hospitals, a large majority have targeted the state of New York for abuses in state prisons and local jails. Additionally, many other notable suits were also brought forth against known figures such as Harvey Weinstein, Bill Cosby, Sean Combs (Diddy), and Donald J. Trump, who recently settled with writer E. Jean Carrol for $5 million concerning sexual abuse allegations. The most recent suit brought forth under this legislation was by Brittany Commisso, Ex-Governor Cuomo’s former executive assistant. In a three-page summons, she accused Cuomo of sexual harassment and unwanted touching, and retaliation from the Ex-Governer when she reported the incidents. Commisso now seeks monetary compensation. Evidently, the legislation has permitted multiple victims who were previously time-barred by a non-retroactive 20 year statute of limitation to bring action against their respective perpetrator(s) and seek justice for their trauma. However, the legislation was temporary and on November 24th, 2023, the one year lookback law expired. It now prevents further cases from being filed. Contact the Working Solutions Law Firm Are you a victim of workplace sexual abuse? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.  Our employment lawyers specialize in many areas of the law, including FMLA, Sexual Harassment and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Mateo Campos On May 24th, 2022, Governor Kathy Hochul of New York signed the Adult Survivors Act (ASA) into legislation which went into effect on November 24th, 2022. The purpose of this legal statute was to create a one-year window for survivors of sexual assault to bring forth a suit against their respective perpetrators.  The&hellip;</p>\\n"},{"id":23378,"path":"/blog/was-your-entire-team-laid-off-without-warning-contact-working-solutions-law-firm-today","slug":"was-your-entire-team-laid-off-without-warning-contact-working-solutions-law-firm-today","modified":"2023-11-30T20:29:28","title":"Was Your Entire Team Laid Off Without Warning? Contact Working Solutions Law Firm Today!","content":"Was your entire team laid off at work? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. A mass layoff at your workplace may constitute a violation of the Worker Adjustment and Retraining Notification Act, or “WARN Act” for short. The WARN Act is designed to protect employees against mass layoffs without proper notice. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including the WARN Act, severance, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Was your entire team laid off at work? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. A mass layoff at your workplace may constitute a violation of the Worker Adjustment and Retraining Notification Act, or “WARN Act” for short. The&hellip;</p>\\n"},{"id":23368,"path":"/blog/first-guaranty-mortgage-seeks-to-settle-warn-act-lawsuit-with-former-employees-for-1-75-million","slug":"first-guaranty-mortgage-seeks-to-settle-warn-act-lawsuit-with-former-employees-for-1-75-million","modified":"2023-11-30T05:11:32","title":"First Guaranty Mortgage Seeks to Settle WARN Act Lawsuit With Former Employees for $1.75 Million","content":"Ben Vanden Heuvel  First Guaranty Bankruptcy At the end of June, 2022, First Guaranty Mortgage filed for Chapter 11 Bankruptcy, after laying off 400 employees in Plano, Texas. These employees brought a class action suit against First Guaranty under a Federal statute known as the WARN Act. What is The WARN Act? The Worker Adjustment and Retraining Notification Act, 29 USC Ch. 23, commonly referred to as the “WARN Act”, “helps ensure advance notice in cases of qualified plant closings and mass layoffs”, per the Department of Labor. The Act requires a 60 day notice to employees or their representatives and to the State before a mass layoff; WARN Act violations commonly occur in bankruptcy incidents, when companies facing bankruptcy conduct mass layoffs. A “mass layoff” under the act is a reduction in force of 500 or more employees, or 33% of the workforce if that fraction is equal to 50 or more employees. Plant closings by employers of more than 100 employees are also subject to the Act. The Settlement In a joint motion, the First Guaranty and the class of ex-employees now seek approval from the Delaware Bankruptcy Court of a settlement for $1.75 million in relief for the employees. The plaintiffs will agree to release all WARN Act claims in exchange for the settlement payment, which will be made to an administrator chosen by their counsel, according to the motion. The administrator will distribute the settlement to all class members, plus an additional $27,000 to the class representatives. If approved, this settlement will resolve the suit against First Guaranty. Were You Part of a Mass Layoff For Which You Received no Notice? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including WARN Act cases. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel&nbsp; First Guaranty Bankruptcy At the end of June, 2022, First Guaranty Mortgage filed for Chapter 11 Bankruptcy, after laying off 400 employees in Plano, Texas. These employees brought a class action suit against First Guaranty under a Federal statute known as the WARN Act. What is The WARN Act? The Worker Adjustment&hellip;</p>\\n"},{"id":23363,"path":"/blog/working-solutions-law-firm-a-ny-employment-law-firm-announces-new-action-on-unpaid-wages-and-overtime-in-the-security-services-industry","slug":"working-solutions-law-firm-a-ny-employment-law-firm-announces-new-action-on-unpaid-wages-and-overtime-in-the-security-services-industry","modified":"2023-11-30T21:58:30","title":"Working Solutions Law Firm, a NY Employment Law Firm, Announces New Action on Unpaid Wages and Overtime in the Security Services Industry","content":"Working Solutions Law Firm, a team of top-rated attorneys working on employment law including unpaid wages and overtime issues in New York and New Jersey has announced new litigation in the US District Court Eastern District of New York.  \\n The case is Civil Action No. 1:23-cv-8355, and concerns Mr. Pedro Rodriguez v. Inter-Con Security Systems, inc. More information can be found via the official website at https://www.nyed.uscourts.gov/ and via https://pacer.uscourts.gov/.  Every worker, no matter what industry, is entitled by law to the correct payment of wages, including overtime, remarked Chris Q. Davis, Managing Partner. This case alleges the non-payment of required overtime pursuant to New York Labor Law. Here is background on this litigation. Pedro Rodriguez, represented by The Law Office of Christopher Q. Davis, PLLC, has filed a collective and class action lawsuit in the US District Court, Eastern District of New York, against Inter-Con Security Systems, Inc. The action alleges violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) related to non-exempt hourly Airport Security Agents (ASAs) and Lead Airport Security Agents (LASAs) at John F. Kennedy International Airport (JFK). Plaintiffs claim that Inter-Con denied them gap time compensation and overtime pay by requiring them to work off-the-clock after their scheduled hours and failing to provide accurate wage statements. Pedro Rodriguez serves as the Lead Plaintiff, and Inter-Con is identified as the defendant. The complaint asserts that Inter-Con qualifies as an employer under both FLSA and NYLL and controlled the work performed by the plaintiffs. Additionally, it mentions that Inter-Cons gross business volume meets the statutory threshold for FLSA coverage. Media seeking more information on this case are encouraged to contact the law firm at (646) 430-7930. In addition, persons who may think that they are being subjected to unpaid wages or unpaid overtime are encouraged to reach out for a free consultation with an attorney or visit https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime. Unpaid wages and overtime pose significant issues in New York and New Jersey. Irrespective of being salaried or hourly employees, those working over 40 hours per week should receive additional compensation. Individuals experiencing payment discrepancies are encouraged to reach out to a confidential legal consultation.  ABOUT WORKING SOLUTIONS LAW FIRM Working Solutions Law Firm is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>Working Solutions Law Firm, a team of top-rated attorneys working on employment law including unpaid wages and overtime issues in New York and New Jersey has announced new litigation in the US District Court Eastern District of New York. The case is Civil Action No. 1:23-cv-8355, and concerns Mr. Pedro Rodriguez v. Inter-Con Security Systems,&hellip;</p>\\n"},{"id":23357,"path":"/blog/experiencing-gender-discrimination-at-work-contact-working-solutions-law-firm-today","slug":"experiencing-gender-discrimination-at-work-contact-working-solutions-law-firm-today","modified":"2023-11-28T18:10:11","title":"Experiencing Gender Discrimination At Work? Contact Working Solutions Law Firm Today!","content":"Are you the victim of gender discrimination in your workplace? If so, contact the employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;retaliation, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you the victim of gender discrimination in your workplace? If so, contact the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the&hellip;</p>\\n"},{"id":23345,"path":"/blog/female-workers-sue-amazon-for-systemic-pay-discrimination","slug":"female-workers-sue-amazon-for-systemic-pay-discrimination","modified":"2023-11-28T15:34:28","title":"Female Workers Sue Amazon for Systemic Pay Discrimination","content":"Three female marketing employees in Washington have filed a collective and class action complaint against Amazon after being demoted for objecting to alleged gender-based systematic discrimination in pay. Plaintiffs Caroline Wilmuth, Katherine Schomer, and Erin Combs allege that Amazon violated and continues to violate the state’s Law Against Discrimination, Washington Equal Pay and Opportunities Act, the Federal Equal Pay Act, and Washington and Federal Family and Medical Leave Acts.  Allegations of Job Misclassification and Substandard Pay against Amazon The plaintiffs state that the current common compensation structure used by Amazon across its organizations disproportionately impacts female employees when placing them in job levels and codes. At Amazon, all employees are given a set job code which categorizes them by job function, such as researcher, manager, etc. Amazon employees are also given a set job level, between Level 4 (bottom) to Level 12 (top), which determines their salary level and range. Together, job levels and codes at Amazon largely determine the salary, stock awards, bonuses, and other compensation an employee receives. Plaintiffs allege that Amazon’s policies assign female workers to lower job codes and levels than male workers who perform the same kind of work. When setting a new hire’s position within this hierarchy, Amazon takes into account the employee’s past compensation, which workers are alleging results in the systemic assigning of lower job codes to women when compared to male employees in the same job function.&nbsp; Wilmuth, who has been classified as a general marketing manager since she began working at Amazon in 2017, actually worked exclusively in research where she created a team and conducted reputation research on the company. Between 2019 and 2021 Wilmuth was earning between $200,000-$360,000 annually. Had she been classified as a researcher, she would have been earning between $570,000-$900,000 in Level 7 and between $900,000-$1,300,000 in Level 8. Wilmuth was the only person on the team not classified as a researcher, as well as the only person on the team with a doctorate degree to be paid less. Schomer and Combs had similar experiences to Wilmuth, where Combs was paid at the low end of the pay range for her role and one of Schomer’s male co-workers with the same responsibilities was paid 150% of her salary. Wilmuth and Combs are also alleging they faced sex-based discrimination by a male department manager, who they stated often questioned their experience, devalued their contributions, and took credit for their work.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; What is the Federal Equal Pay Act? The Equal Pay Act of 1963, administered and enforced by the Equal Employment Opportunity Commission (EEOC), prohibits wage discrimination between employees of different genders&nbsp; who are performing jobs under similar working conditions. The jobs do not have to be identical, but rather “substantially equal” in job content and duties. For jobs to be comparable to one another, the Equal Pay Act sets in place several elements that must be met.&nbsp; The jobs being compared have to require the same amount of:&nbsp; \\nSkill: Such as the experience, ability, education, and/or training required to perform the job (NOT the skills an employee may have, but what is REQUIRED for the job). Effort: The amount of physical or mental exertion needed to perform the job. Responsibility: The degree of accountability required to perform the job.\\n The jobs must also be performed under similar working conditions and within the same establishment.&nbsp; \\nWorking Conditions: The (1) physical surroundings like temperature, fumes, and ventilation; and (2) hazards present.&nbsp; Establishment: A distinct physical place of business rather than an entire business or enterprise consisting of several places of business; under some circumstances physically separate places of business may be treated as one establishment, such as when there’s one central administrative unit hiring, paying, and assigning employees to separate work locations.&nbsp;\\n Contact the Working Solutions Law Firm Today Are you getting paid less than your counterparts? If you think you might have a claim of gender discrimination, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Three female marketing employees in Washington have filed a collective and class action complaint against Amazon after being demoted for objecting to alleged gender-based systematic discrimination in pay. Plaintiffs Caroline Wilmuth, Katherine Schomer, and Erin Combs allege that Amazon violated and continues to violate the state’s Law Against Discrimination, Washington Equal Pay and Opportunities Act,&hellip;</p>\\n"},{"id":23340,"path":"/blog/amazon-argues-it-acted-lawfully-when-it-declined-to-count-holiday-wages-in-colorado-employees-overtime-wages","slug":"amazon-argues-it-acted-lawfully-when-it-declined-to-count-holiday-wages-in-colorado-employees-overtime-wages","modified":"2023-11-22T21:18:05","title":"Amazon Argues it Acted Lawfully When it Declined to Count Holiday Wages in Colorado Employees’ Overtime Wages","content":"Ben Vanden Heuvel   The Class Action  A class action in the District Court of Colorado alleges that Amazon improperly calculated the overtime pay it owed to employees who worked holiday hours. According to the complaint, employees who agreed to work holiday hours at Amazon’s Colorado warehouses were offered a holiday incentive pay rate of 1.5x their standard rate. The class action alleges, however, that Amazon did not factor in this holiday premium pay rate in calculating its employees’ pay rates for overtime. Legally, employees must already be paid a minimum of 1.5x their regular pay rate for hours worked over 40 in a week. Amazon’s decision to calculate&nbsp; owed overtime payment based on workers’ normal pay rates, excluding the holiday premium pay, would arguably result in less overtime pay. If the court rules that this calculation was not proper, it could result in claims of unlawful underpayment of overtime. Amazon’s Argument The argument against plaintiff’s assertion hinges on an interpretation of the wording of Colorado’s relevant state regulations. Amazon argues that state regulations exempting “holiday pay” from overtime calculations would mean that the holiday incentive premium pay rate does not need to be factored into its overtime calculations under Colorado law. But this language appears in a list of forms of pay given for non-work hours, including bonuses and other gifts, as opposed to the holiday incentive premium rate, which is for working hours occurring on holidays. The regulation reads: “[business] expenses, bona fide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave, jury duty, or other pay for non-work hours may be excluded from regular rates.” 7 Colo. Code Regs. § 1103-1:1, § 1.8.1 (effective Jan. 1, 2022). The Tenth Circuit Panel’s Skepticism At the panel, the Tenth Circuit Judges appeared skeptical of Amazon’s position. They seem to interpret the regulation to exclude wages for paid holidays on which employees did not work, rather than premium pay rates for actual working hours on holidays, as Amazon claims. The judges highlight the regulation’s final line “or other pay for non-work hours”, contending this distinguishes the “holiday pay” covered by the regulation from the premium rates paid by Amazon.&nbsp; Have You Been Paid the Overtime Required by Law? &nbsp;If not,&nbsp; seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel The Class Action  A class action in the District Court of Colorado alleges that Amazon improperly calculated the overtime pay it owed to employees who worked holiday hours. According to the complaint, employees who agreed to work holiday hours at Amazon’s Colorado warehouses were offered a holiday incentive pay rate of 1.5x&hellip;</p>\\n"},{"id":23331,"path":"/blog/are-you-exhausted-from-working-overtime-contact-working-solutions-law-firm-today","slug":"are-you-exhausted-from-working-overtime-contact-working-solutions-law-firm-today","modified":"2023-11-21T16:38:22","title":"Are You Exhausted From Working Overtime? Contact Working Solutions Law Firm Today!","content":"Are you feeling burnt out or exhausted from working too much overtime? If so, seek legal assistance from the employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime,&nbsp;discrimination,&nbsp;and severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you feeling burnt out or exhausted from working too much overtime? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas&hellip;</p>\\n"},{"id":23292,"path":"/blog/overtime-few-workers-and-endless-hours","slug":"overtime-few-workers-and-endless-hours","modified":"2023-11-20T18:59:57","title":"Overtime: Few Workers and Endless Hours","content":"As a result of the COVID-19 pandemic, many people either left the workforce entirely to care for their families or decided to switch careers, bringing about extreme staffing shortages in certain industries across the entire country. Today, post-pandemic worker shortages still remain in hospitals, manufacturing plants, police stations, and firehouses. This has led to increasingly higher demands being placed on the remaining workers, who are expected to take on additional shifts and constantly work overtime.  Burnout By Overtime To compensate for staffing shortages, many workers are being subjected to mandatory overtime and minimum staffing requirements. This has led to an observed normalization, or acceptance, of understaffing throughout various fields as employers have learned to use overtime as a cost-saving measure. The Fair Labor Standards Act (FLSA) and New York State Labor Laws set pay requirements and mandatory overtime rules, but these rules vary by industry. For more information on the FLSA and NY Labor Law rules for mandatory overtime, please refer to our other blog Can I Be Required to Work Mandatory Overtime? The risks of pushing overtime can be high when employees are responsible for people’s health and well-being. Many nurses have spoken about how being required to work 12+ hour-long shifts on consecutive days without proper sleep has led to a deterioration in the quality of their work, ultimately leaving patients at a higher risk.&nbsp; The New York Labor Law currently restricts employers from imposing mandatory overtime on nurses in New York, however, there are four exceptions to this. Mandatory overtime is allowed only when overtime is during or due to:&nbsp; \\nA health care disaster that increases the need for health care personnel. A federal, state, or county declaration of emergency. An unforeseen emergency and it is necessary to provide safe patient care that could not be prudently planned for by the employer and does not regularly occur. An ongoing medical or surgical procedure in which the nurse is actively engaged and whose continued presence is needed to ensure the health and safety of the patient.\\n In an effort to combat the burnout faced by nurses, in June 2023 the New York State Department of Labor (NYSDOL) amended their mandatory overtime regulations for nurses. The law created a reporting procedure for health care employers that utilize the exceptions to the limitations on mandatory overtime, requiring employers to send an email with further information surrounding their use of the exception. It expanded the definition of “health care employer” to include facilities operated or owned by the Office of Child and Family Services, and requires employers to display a poster with information on filing a complaint with the NYSDOL. The amended law also establishes monetary penalties, of up to $500, for employers that fail to comply and report their mandated overtime. Lastly, the amendment establishes an Enforcement Officer in the NYSDOL to investigate claims of violations.&nbsp; Contact the Working Solutions Law Firm Today Are you a health care professional required to work overtime past your limits? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>As a result of the COVID-19 pandemic, many people either left the workforce entirely to care for their families or decided to switch careers, bringing about extreme staffing shortages in certain industries across the entire country. Today, post-pandemic worker shortages still remain in hospitals, manufacturing plants, police stations, and firehouses. This has led to increasingly&hellip;</p>\\n"},{"id":23285,"path":"/blog/working-solutions-law-firm-files-lawsuit-against-major-security-guard-contractor-for-jfk-airport","slug":"working-solutions-law-firm-files-lawsuit-against-major-security-guard-contractor-for-jfk-airport","modified":"2023-11-20T17:48:55","title":"Working Solutions Law Firm Files Lawsuit Against Major Security Guard Contractor for JFK Airport","content":"The Working Solutions Law Firm is proud to defend wage and hour rights for workers misclassified as exempt from overtime in a new class and collective action complaint filed against Inter-Con Security Systems, Inc. this month. The case will represent security guards who held hourly positions at the John F. Kennedy International Airport in Queens, NY and were denied overtime pay for the additional time they worked beyond their schedules. All similarly situated individuals are eligible to join the case, including non-exempt Airport Security Agents (“ASAs”) and/or Lead Airport Security Agents (“LASAs”) who were employed through Inter-Con Security Systems, Inc. at the airport.  The case covers violations under the Fair Labor Standards Act, which may have accrued over the past several years. Allegations include security agents being ordered to work off the clock after completing their scheduled work hours, and being denied proper overtime wages as a result of being misclassified as overtime exempt employees. New York Labor Laws are also listed as potential violations. The class action lawsuit is made up of individuals who were employed with Inter-Con and positioned at JFK airport within the past three years. The collective action lawsuit is expanded to individuals employed with Inter-Con at JFK within the past six years since the date of the suits filing.  The case is Civil Action No. 1:23-cv-8355, and concerns Mr. Pedro Rodriguez v. Inter-ConSecurity Systems, inc. More information can be found via the official website athttps://www.nyed.uscourts.gov/ and via https://pacer.uscourts.gov/","excerpt":"<p>The Working Solutions Law Firm is proud to defend wage and hour rights for workers misclassified as exempt from overtime in a new class and collective action complaint filed against Inter-Con Security Systems, Inc. this month. The case will represent security guards who held hourly positions at the John F. Kennedy International Airport in Queens,&hellip;</p>\\n"},{"id":23282,"path":"/blog/former-aide-to-robert-de-niro-claims-workplace-discrimination","slug":"former-aide-to-robert-de-niro-claims-workplace-discrimination","modified":"2023-11-17T19:22:58","title":"Former Aide to Robert De Niro Claims Workplace Discrimination","content":"A former aide to Robert De Niro, Chase Robinson, filed a discrimination lawsuit against the actor and his company Canal Production Inc in the Southern District of New York. In the suit, Robinson alleged that while working for De Niro’s company, she faced gender-based discrimination in her work assignments and pay. This month, Robinson gave a testimony to a Manhattan federal jury describing her allegations of discrimination against the actor.&nbsp; The former aide shared an incident wherein De Niro wanted his back scratched, to which Robinson suggested that he buy a back scratcher. De Niro rejected her request and commented, “I like the way that you do it.” Furthermore, she claimed that in a private conversation with De Niro, he told her that she was paid less than her male counterparts because they had families and she ostensibly did not. Robinson disclosed that in the same conversation, she was offered a salary increase to $300,000 upon signing an agreement that she demanded include a two year transition out of the company coupled with a reduced role. Eventually, Robinson chose to resign from the company and shared with the jurors that over the last 4 ½ years, she has applied to 638 jobs without receiving a single interview.&nbsp; After the filling of the original suit, De Niro and his team counterclaimed that Robinson stole from him by keeping millions of Delta SkyMiles and regularly using the company card for her personal expenses. Gender Discrimination and Employer Retaliation This lawsuit has been built upon two legal statutes. Firstly, sex-based discrimination of any kind is unlawful. The U.S. Equal Employment Opportunity Commission (EEOC) defines this practice as treating someone unfavorably because of a person’s sex, including the person’s sexual orientation, gender identity, or pregnancy. In regards to work situations, the EEOC goes even further by forbidding discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, lay off, training, fringe benefits, and any other term or condition of employment. The Civil Rights Act of 1964 upholds this protection as well under its Title VII section.&nbsp; The second takeaway from this lawsuit is in regards to employer retaliation. This is when an employee tries to assert their rights in their respective workplace and is penalized for it. The EEOC restricts employers from punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Contact the Working Solutions Law Firm Have you been discriminated against based on your gender? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today. A former aide to Robert De Niro, Chase Robinson, filed a discrimination lawsuit against the actor and his company Canal Production Inc in the Southern District of New York. In the suit,&nbsp; Robinson alleged that while working for De Niro’s company, she faced gender-based discrimination in her work assignments and pay. This month, Robinson gave a testimony to a Manhattan federal jury describing her allegations of discrimination against the actor.&nbsp; The former aide shared an incident wherein De Niro wanted his back scratched, to which Robinson suggested that he buy a back scratcher. De Niro rejected her request and commented, “I like the way that you do it.” Furthermore, she claimed that in a private conversation with De Niro, he told her that she was paid less than her male counterparts because they had families and she ostensibly did not. Robinson disclosed that in the same conversation, she was offered a salary increase to $300,000 upon signing an agreement that she demanded include a two year transition out of the company coupled with a reduced role. Eventually, Robinson chose to resign from the company and shared with the jurors that over the last 4 ½ years, she has applied to 638 jobs without receiving a single interview.&nbsp; After the filling of the original suit, De Niro and his team counterclaimed that Robinson stole from him by keeping millions of Delta SkyMiles and regularly using the company card for her personal expenses. Gender Discrimination and Employer Retaliation This lawsuit has been built upon two legal statutes. Firstly, sex-based discrimination of any kind is unlawful. The U.S. Equal Employment Opportunity Commission (EEOC) defines this practice as treating someone unfavorably because of a person’s sex, including the person’s sexual orientation, gender identity, or pregnancy. In regards to work situations, the EEOC goes even further by forbidding discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, lay off, training, fringe benefits, and any other term or condition of employment. The Civil Rights Act of 1964 upholds this protection as well under its Title VII section.&nbsp; The second takeaway from this lawsuit is in regards to employer retaliation. This is when an employee tries to assert their rights in their respective workplace and is penalized for it. The EEOC restricts employers from punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Contact the Working Solutions Law Firm Have you been discriminated against based on your gender? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former aide to Robert De Niro, Chase Robinson, filed a discrimination lawsuit against the actor and his company Canal Production Inc in the Southern District of New York. In the suit,&nbsp; Robinson alleged that while working for De Niro’s company, she faced gender-based discrimination in her work assignments and pay. This month, Robinson gave&hellip;</p>\\n"},{"id":23277,"path":"/blog/goldman-sachs-settles-gender-discrimination-lawsuit-for-over-250-million","slug":"goldman-sachs-settles-gender-discrimination-lawsuit-for-over-250-million","modified":"2023-11-16T15:50:45","title":"Goldman Sachs Settles Gender Discrimination Lawsuit For Over $250 Million","content":"Ben Vanden Heuvel  The Gender Discrimination Complaint The Complaint, filed in the Southern District Court of New York, alleges that Goldman Sachs, one of the leading global investment banking groups, discriminated against female employees by systematically favoring male employees in performance reviews, ranking, and compensation. The complaint is a class action which names four former female employees of Goldman Sachs, but is filed on behalf of all similarly situated individuals: female employees of Goldman who were subjected to unfair pay discrimination.&nbsp; The complaint refers to a corporate culture that has lacked accountability for its systemic gender bias. Goldman Sachs, whose leaders are predominantly male, predictably gave unfavorable performance views of female employees, resulting in a legible issue of unequal pay. The Complaint states: “women at Goldman Sachs have received less compensation and have been promoted less frequently than their male counterparts as a result of the firm’s discriminatory policies, patterns, and/or practices. The violations of its female employees’ rights are systemic, are based upon company-wide policies and practices, and are the result of unchecked gender bias that pervades Goldman Sachs’s corporate culture. They have not been isolated or exceptional incidents, but rather the regular and predictable result of Goldman Sachs’s company-wide policies and practices and lack of proper accountability measures to ensure fairness.”&nbsp; The Legal Standard for Employment Discrimination on the Basis of Gender It is a violation of Title VII of the Civil Rights Act, as well as New York City Human Rights Law to discriminate against employees on the basis of gender, among other protected classes. Damages in cases that violate these laws can include lost pay, compensatory damages, and punitive damages. It is also typical for such settlements to include payment for the opposition’s legal team and other legal fees.&nbsp; Through their attorneys,the plaintiff Class brought their claims under these acts. The Settlement to the Plaintiff Class On November 7, 2023, the Court issued an order approving a massive settlement by Goldman. Goldman will pay $215,000,000 in monetary relief to the plaintiff Class, $71,665,000 in legal expenses, over $6,600,000 in out-of-pocket litigation costs, and $250,000 each per named Plaintiff; Goldman has also agreed to rework and restructure its performance evaluation and compensation system. Have You Been Discriminated Against By Your Employer on the Basis of Your Gender? &nbsp;If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including workplace discrimination and unequal compensation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel&nbsp; The Gender Discrimination Complaint The Complaint, filed in the Southern District Court of New York, alleges that Goldman Sachs, one of the leading global investment banking groups, discriminated against female employees by systematically favoring male employees in performance reviews, ranking, and compensation. The complaint is a class action which names four former&hellip;</p>\\n"},{"id":23265,"path":"/blog/are-you-facing-pay-inequality-at-work-contact-working-solutions-today","slug":"are-you-facing-pay-inequality-at-work-contact-working-solutions-today","modified":"2023-11-16T15:18:57","title":"Are You Facing Pay Inequality At Work? Contact Working Solutions Today!","content":"Are you the victim of pay inequality in your workplace? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including, discrimination,&nbsp;retaliation,&nbsp;and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you the victim of pay inequality in your workplace? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including, discrimination,&nbsp;retaliation,&nbsp;and&hellip;</p>\\n"},{"id":23262,"path":"/blog/do-you-have-questions-about-pay-transparency-contact-working-solutions-today","slug":"do-you-have-questions-about-pay-transparency-contact-working-solutions-today","modified":"2023-11-14T14:25:58","title":"Do You Have Questions About Pay Transparency? Contact Working Solutions Today!","content":"Do you have questions about pay transparency? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, retaliation, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about pay transparency? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, retaliation, and unpaid wages&hellip;</p>\\n"},{"id":23272,"path":"/blog/uber-and-lyft-drivers-gain-new-labor-protections-in-nys","slug":"uber-and-lyft-drivers-gain-new-labor-protections-in-nys","modified":"2023-11-13T22:43:00","title":"Uber and Lyft Drivers Gain New Labor Protections in NYS","content":"Ride-share companies Uber and Lyft reached a $328 million settlement with over 100,000 current and former drivers in the State of New York. The settlement comes as a result of an investigation by New York Attorney General Letitia James, who probed allegations that both companies had been unlawfully deducting taxes and fees from drivers, rather than riders.  The investigation, initiated in 2020, revealed that between 2014 and 2017, Uber deducted sales taxes and Black Car Fund fees from drivers pay, while Lyft engaged in similar behavior by deducting an 11.4% administrative charge from drivers compensation between 2015 and 2017. These practices were found to be in violation of existing laws, leading to the comprehensive settlements. According to the agreements, both Uber and Lyft did not provide drivers with regular pay statements or explanations breaking down their total pay. The settlements have been met with praise from legislators. On the agreements, New York Assemblymember Ken Zebrowski said in a statement that “these settlements send a message to companies that there are consequences to cheating workers out of wages in New York.” Similarly, Assemblymember Kimberly Jean-Pierre stated: “by guaranteeing a minimum earnings floor, paid sick leave, and improved working conditions, we are ensuring that the couriers who have been undervalued can enjoy the respect and economic security they deserve.” Expanded Labor Protections for Drivers In a notable move, the agreements also require Uber and Lyft to provide drivers with hiring notices and earning statements, specifying the entitled pay and total earnings during each pay period. The companies must now make available documents that tell drivers how much they drove, how much the rider paid, and how drivers can access their earnings. Additionally, drivers making trips in New York will now be eligible for accruing paid sick leave.&nbsp; These benefits are usually associated with workers who are classified as employees While spokespeople for Uber and Lyft have indicated that the companies will continue to consider their drivers as independent contractors, the settlements represent a significant step towards securing essential benefits and protections for the drivers.&nbsp; Contact the Working Solutions Law Firm Today  Employees are entitled to fairness, transparency, and protection. If you believe that your employer’s practices are infringing on your federal and state labor laws, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Ride-share companies Uber and Lyft reached a $328 million settlement with over 100,000 current and former drivers in the State of New York. The settlement comes as a result of an investigation by New York Attorney General Letitia James, who probed allegations that both companies had been unlawfully deducting taxes and fees from drivers, rather&hellip;</p>\\n"},{"id":23269,"path":"/blog/new-york-pay-transparency-laws","slug":"new-york-pay-transparency-laws","modified":"2023-11-29T21:28:31","title":"New York Pay Transparency Laws","content":"In an effort to address disparities and encourage transparency, New York State Department of Labor introduced the Pay Transparency Law. Starting in September 2023, businesses in New York that have four or more employees must list certain pieces of information in their job postings. It also formally prohibits businesses from retaliating against employees that discuss their compensation with their coworkers.  What Does The Pay Transparency Law Require? \\nA list of salary ranges for all designated job opportunities, promotions, and transfers\\n\\nRanges need to consist of a fixed or minimum and maximum annual salary, or an hourly rate believed to be accurate at the time of posting \\n\\n If a position is completely commission-based, this must be clearly stated Giving a job description, unless the job title clearly conveys the full extent of job duties&nbsp;\\n This law does not require employers to create postings for all available positions, and it does not require employers to use a certain means to advertise positions.&nbsp; When Does the NY Pay Transparency Law Apply? \\nEmployers with four or more employees must adhere to the law when posting new job listings. Employers must adhere to the law for any internal promotion and transfer opportunities physically performed, at least in part, in New York State.&nbsp; Employers must adhere to the law for any opportunities performed outside of New York State that report to a supervisor or office in New York State\\n\\nIncludes remote and telecommuting opportunities\\n\\n\\n This law does not apply to temporary help firms hiring workers to perform services for other organizations.&nbsp; Any current or prospective employees or applicants that believe they have experienced a violation of the Pay Transparency Law can file a complaint by reaching out to the New York State Department of Labor’s Division of Labor Standards.&nbsp; Contact the Working Solutions Law Firm Today Did your employer lie about how much you would be getting paid? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including discrimination and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In an effort to address disparities and encourage transparency, New York State Department of Labor introduced the Pay Transparency Law. Starting in September  2023, businesses in New York that have four or more employees must list certain pieces of information in their job postings. It also formally prohibits businesses from retaliating against employees that discuss&hellip;</p>\\n"},{"id":23258,"path":"/blog/dunkin-donuts-settles-for-1-million-over-child-labor-law-violations","slug":"dunkin-donuts-settles-for-1-million-over-child-labor-law-violations","modified":"2023-11-10T02:21:02","title":"Dunkin’ Donuts Settles for $1 Million Over Child Labor Law Violations","content":"On November 2, 2023, several Dunkin franchise owners in Massachusetts agreed to pay over $1 Million to settle claims regarding a series of child labor law violations. The series of violations range from requiring minors to work more than six hours straight without a meal break, to unlawfully allowing minors to work after 8:00pm without an adult supervisor, and without a proper permit. The first settlement involved three franchisees who operated 25 Dunkin locations along the central to southeastern region of Massachusetts. The agreed upon settlement will allocate $500,000 directly towards addressing the citations, while the remaining $500,000 will be for wage and hour law enforcement and education. The Massachusetts Attorney General, Joy Campbell, has been actively pursuing cases like the one against Dunkin franchisees while emphasizing the importance of protecting young workers rights and safeties.  What Child Labor Laws Should I Be Aware Of? Federally, the Fair Labor Standards Act (FLSA), provides a comprehensive guideline on child labor laws that are applicable to both agricultural and non agricultural occupations. These provisions start at 29 CFR, Part 570 where specific restrictions are outlined regarding the employment of minors based on their age, type of work, and the hours they are allowed to work.&nbsp; The FLSA has generally set a minimum age of 14 for most non-agricultural work like the type performed at a Dunkin’ franchise, and 16 for other occupations that have been deemed non-hazardous by the Secretary of Labor. The law also mandates specific limits on the hours minors can work, while also requiring that underage employees still receive fair wages. The State of New York however has more rigorous restrictions in contrast to the FLSA. Minors under 18 are not allowed to work more than 8 hours a day, 6 days a week, and minors 14-15 may not work more than 40 hours a week. However, while the age group of 16-17 year-olds may not work more than 48 hours a week, the FLSA still guarantees at least time and half pay for every hour worked over 40. These regulations are designed to provide a safeguard to the well-being of young individuals as they participate in the workforce, while also ensuring that they are not subjected to exploitative or dangerous working conditions. The FLSAs child labor provisions play an important role in providing reasonable and protective guidelines for young workers and employers to follow. Contact the Working Solutions Law Firm Are you a minor whose rights are not being respected ? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>On November 2, 2023, several Dunkin&#8217; franchise owners in Massachusetts agreed to pay over $1 Million to settle claims regarding a series of child labor law violations. The series of violations range from requiring minors to work more than six hours straight without a meal break, to unlawfully allowing minors to work after 8:00pm without&hellip;</p>\\n"},{"id":23251,"path":"/blog/have-your-childs-labor-laws-been-violated-contact-working-solutions-today","slug":"have-your-childs-labor-laws-been-violated-contact-working-solutions-today","modified":"2023-11-09T20:03:25","title":"Have Your Child’s Labor Rights Been Violated? Contact Working Solutions Today!","content":"Do you believe that your child or teenager’s labor rights have been violated by their employer? For example, is your child working more than 8-hour shifts, or are they forced to work without taking breaks? If so, you should contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. New York and New Jersey have explicit and extensive labor laws protecting the rights of minors below the age of 18. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;discrimination, and&nbsp;harassment. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you believe that your child or teenager’s labor rights have been violated by their employer? For example, is your child working more than 8-hour shifts, or are they forced to work without taking breaks? If so, you should contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston,&hellip;</p>\\n"},{"id":23248,"path":"/blog/misclassified-workers-sue-for-unpaid-overtime","slug":"misclassified-workers-sue-for-unpaid-overtime","modified":"2023-11-07T21:43:26","title":"Misclassified Workers Sue For Unpaid Overtime","content":"A group of workers has filed a class action lawsuit against the telecommunications company AmeriCloud Solutions, alleging they were misclassified as independent contractors despite working under the direction of their employer, which could end up qualifying them as W-2 employees. The group of more than 50 workers were employed as drive testers who traveled around the clock to test cell phone tower signals. The workers accuse AmeriCloud of failing to pay them for all hours worked and ignoring overtime wage requirements, as they noted their coordinators would direct them to leave certain activities off of their timesheets. Drive testers allege they were not compensated for time spent traveling for work nor for setting up and transporting testing equipment. Plaintiffs are also alleging they routinely worked overtime without receiving time-and-a-half their regular rate of pay. The drivers allege AmeriCloud has violated the Fair Labor Standards Act (FLSA), the Illinois Minimum Wage Law, and Cook County’s minimum wage ordinance. Plaintiff is seeking all owed overtime and punitive damages of 5%.  Wages &amp; Hours Worked Under FLSA The FLSA sets in place a number of rights for employees and defines hours worked as all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace. It further states that employees must be paid either the federal minimum wage of $7.25 or the state minimum wage, whichever is greater, for all hours worked. The FLSA also defines overtime pay, where any hours worked in excess of 40 per workweek must be paid at a rate of one and one-half times the regular rate of pay. Under the FLSA, the time spent by AmeriCloud Drive Testers traveling, waiting for rental cars, and setting up testing equipment counts as hours worked and therefore goes toward overtime. Generally, if an employer allows work to be performed then it must be paid for, regardless of whether the work was scheduled or approved in advance. Through the Wage and Hour Division of the U.S. Department of Labor (DOL), workers can file reports and complaints, which may lead the DOL to initiate investigations into companies that are believed to be habitual violators of the FLSA.  Contact the Working Solutions Law Firm Today Does your employer owe you overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A group of workers has filed a class action lawsuit against the telecommunications company AmeriCloud Solutions, alleging they were misclassified as independent contractors despite working under the direction of their employer, which could end up qualifying them as W-2 employees. The group of more than 50 workers were employed as drive testers who traveled around&hellip;</p>\\n"},{"id":23244,"path":"/blog/are-you-facing-retaliation-for-taking-sick-leave-contact-working-solutions-today","slug":"are-you-facing-retaliation-for-taking-sick-leave-contact-working-solutions-today","modified":"2023-11-07T15:18:49","title":"Are You Facing Retaliation For Taking Sick Leave? Contact Working Solutions Today!","content":"Is your employer retaliating against you for taking sick leave? If so, you should seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including retaliation, discrimination, and&nbsp;FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer retaliating against you for taking sick leave? If so, you should seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law,&hellip;</p>\\n"},{"id":23241,"path":"/blog/settlement-reached-in-charter-communications-noncompete-lawsuit","slug":"settlement-reached-in-charter-communications-noncompete-lawsuit","modified":"2023-11-06T01:26:51","title":"Settlement Reached in Charter Communications Noncompete Lawsuit","content":"What are Noncompete Agreements? In the dynamic landscape of business, companies often find themselves with the challenge of safeguarding their trade secrets, proprietary information, and competitive advantages. One legal instrument frequently employed in this pursuit to protect is the noncompete agreement, a contractual provision designed to restrict an employees activities post-employment with a company. These agreements limit the ability of departing employees to engage in activities that could potentially harm their former employers interests, such as working for competing businesses, starting a competing venture, or soliciting clients and colleagues from their previous workplace. Charter Communications and Former Director Reach Settlement in Noncompete Dispute One recent case involving non compete agreements came in Connecticut federal court. Charter Communications Inc., a telecommunications company, and its former Director of State Government Affairs, Bridger Mahlum, have reached a settlement in principle concerning their dispute over Mahlums alleged breach of a noncompete agreement. The agreement centers on Mahlums move to become a general manager for BroadbandMT, a Montana-based network of smaller companies and a competitor of Charter. According to Charter’s complaint, Mahlum was a “former Director of State Government Affairs for Charter,” who “had access to Charter’s most closely guarded trade secret information regarding its strategies for rural deployment of its services through federal, state, and local franchise awards, grants, subsidies, and other benefits” Charter had sought injunctive relief to prevent Mahlum from offering services to BroadbandMT. The complaint argued that Mahlums role at Charter provided him with insider knowledge of the companys strategies, particularly in rural development, and that joining BroadbandMT would likely lead to the misuse of Charters confidential information.  Mahlum argued in September that Charters legal action was an attempt to undermine his involvement in the rulemaking process, a crucial aspect of the Broadband Equity, Access, and Deployment Program. The case came to a settlement in October when a joint notice of settlement was filed by both parties, indicating that a final settlement agreement would be in place within two weeks.&nbsp; What Rights Do I Have As an Employee Presented With A Noncompete? Noncompete agreements are prevalent across various industries, ranging from technology and healthcare to finance and telecommunications. In recent times, noncompete agreements have become the focal point of legal disputes, shedding light on questions of fairness, employee mobility, and the evolving nature of work. Employees have the right to understand the terms of a noncompete agreement before accepting a job offer. Speaking with an employment attorney can help clarify these terms. What is considered a reasonable restriction can vary based on industry standards, the nature of the work, and the geographic location. An employment attorney may be able to negotiate a noncompete on your behalf.&nbsp; According to the New York State Attorney General, noncompetes are only enforceable if they protect legitimate business interests, such as confidential information, trade secrets, or specialized training. Employees have the right to contest the breadth of these terms and argue that they go beyond what is necessary to protect the employers interests. Contact the Working Solutions Law Firm Today&nbsp; If you have signed a noncompete and are not sure of the terms of agreement, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>What are Noncompete Agreements? In the dynamic landscape of business, companies often find themselves with the challenge of safeguarding their trade secrets, proprietary information, and competitive advantages. One legal instrument frequently employed in this pursuit to protect is the noncompete agreement, a contractual provision designed to restrict an employee&#8217;s activities post-employment with a company. These&hellip;</p>\\n"},{"id":23238,"path":"/blog/severance-packages","slug":"severance-packages","modified":"2023-11-03T00:19:59","title":"Severance Packages","content":"What is a Severance Package and What Do They Include?  &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A severance package is a legal document that some employees may receive when they leave a company. While there are no standard amounts required of a severance package, these documents typically provide some form of financial support such as severance pay or a continuation of benefits following an employee’s departure from the company. However, these documents may also include terms that limit a worker’s future options such as a non-compete agreement which restricts a former employee from being employed by a known competitor in the respective industry for a specified period. Often, these terms are negotiable. This is done to protect the employer’s business interest, strategies, and privacy. Why is it Important to Seek Legal Review of Your Severance Package?&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;It is essential to have an attorney review your severance package especially when it comes to understanding your specific non-compete clause. A non-compete clause can have serious financial consequences, even if your employer has offered severance pay and a continuation of benefits. They often impede on your ability to work in an industry or given area after leaving your job for a set duration of time. The consequences of such a limitation can potentially cause a negative impact on your reputation, career prospects, and overall livelihood. Therefore, it is imperative that you seek an attorney to assist you in comprehending the terms and restrictions outlined in your compete clause to then evaluate its enforceability. In addition, by seeking legal review and evaluation of your severance package, it is possibly that through your attorney your terms may be negotiated to grant you more favorable conditions. Moreover, by relying on an attorneys expertise, you are able to ensure that your severance package is fair and comprehensive as a whole and provides adequate safeguards on your rights and interests during the transition period between jobs. Contact the Working Solutions Law Firm Have you been offered a severance package? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>What is a Severance Package and What Do They Include? &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A severance package is a legal document that some employees may receive when they leave a company. While there are no standard amounts required of a severance package, these documents typically provide some form of financial support such as severance pay or a continuation of&hellip;</p>\\n"},{"id":23233,"path":"/blog/not-getting-paid-while-your-computer-starts-up-contact-working-solutions-today","slug":"not-getting-paid-while-your-computer-starts-up-contact-working-solutions-today","modified":"2023-11-02T13:26:31","title":"Not Getting Paid While Your Computer Starts Up? Contact Working Solutions Today!","content":"Are you getting paid while waiting for your computer to turn on or finish updating? If not, you may have claims for unpaid overtime, and should seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;severance, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you getting paid while waiting for your computer to turn on or finish updating? If not, you may have claims for unpaid overtime, and should seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation&hellip;</p>\\n"},{"id":23228,"path":"/blog/geico-faces-lawsuit-for-underpayment-of-overtime-work","slug":"geico-faces-lawsuit-for-underpayment-of-overtime-work","modified":"2023-11-01T16:30:22","title":"Geico Faces Lawsuit for Underpayment of Overtime Work","content":"Ben Vanden Heuvel The Lawsuit Against Geico Geico, one of America’s major insurance companies, faces a class action lawsuit for unlawfully underpaying workers their earned overtime.  The complaint was filed on October 19, 2023 in the United States District Court for the Middle District of Virginia, Macon Division. In it, named plaintiff Chris Rice and similarly situated employees alleged that Geico failed to pay them overtime wage rates for hours worked over 40 in a workweek, in violation of the Federal Labor Standards Act (FLSA). Rice and his similarly situated co-workers all worked as sales representatives for Geico in their Macon, Virginia call center. Rice alleges, on behalf of himself and the other Macon sales representatives, that Geico failed to properly keep track of their hours and pay their due overtime despite having him work over 40 hours per workweek, including extensive start-up and shut-down time of his devices at the beginning and end of the day. The plaintiff also cited working through his lunch hour without compensation. Plaintiff would typically have to either work during his unpaid lunch break or work past the end of the shift, the complaint stated. Plaintiffs supervisor was aware that plaintiff was working off the clock to make up for the downtime, and, in fact, expressly instructed him to do so in accordance with Geicos policies. What The FLSA Says About Overtime The Federal Labor Standards Act (FLSA) imposes overtime pay requirements on most hourly employees, requiring that they be paid one and a half times their normal rate for hours worked over 40 in a workweek. There is typically no limit on how many hours an employee can work provided they receive this overtime rate for overtime hours, but the overtime pay rate is mandatory and non-waivable, and failure to comply is unlawful.  Have You Been Underpaid for Overtime Work in Violation of the FLSA? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel The Lawsuit Against Geico Geico, one of America’s major insurance companies, faces a class action lawsuit for unlawfully underpaying workers their earned overtime.&nbsp; The complaint was filed on October 19, 2023 in the United States District Court for the Middle District of Virginia, Macon Division. In it, named plaintiff Chris Rice and&hellip;</p>\\n"},{"id":23224,"path":"/blog/ninth-court-rules-that-aggressive-music-can-contribute-to-workplace-harassment","slug":"ninth-court-rules-that-aggressive-music-can-contribute-to-workplace-harassment","modified":"2023-11-06T01:27:12","title":"Ninth Court Rules That Aggressive Music Can Contribute to Workplace Harassment","content":"In a landmark ruling in June, the Ninth Circuit established that employers who permit music containing “sexually explicit” or “aggressive” language to be played in the workplace could be held responsible for sexual harassment. The Ninth Circuit breathed new life into a lawsuit alleging that S&amp;S Activewear created a hostile work environment by allowing explicit rap music to be played in its Nevada warehouse. The three-judge panel published an opinion overturning the original trial courts decision to dismiss the Title VII suit led by Stephanie Sharp and seven other former employees.  According to the suit, some male employees would sing along to the music and perform sexual gestures while looking at women at the warehouse. The appeals judges ruled that “repeated and prolonged exposure to sexually foul and abusive music . . . falls within a broader category of actionable, auditory harassment that can pollute a workplace and violate Title VII.” The panels decision aligns with precedents set by other circuit courts, referencing the Eleventh Circuits 2010 decision in Reeves v. C.H. Robinson Worldwide Inc. This case established that widespread sights and sounds, including music, can amount to sex discrimination under Title VII.&nbsp; Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. In the context of workplace sexual harassment, Title VII establishes the legal framework for employees to seek protection and redress when subjected to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment. Employers are obligated under Title VII to take prompt and effective action to prevent and remedy instances of sexual harassment.&nbsp; For employers considering a workplace playlist, the following guidelines emerge from the Sharp case: 1. Vigilant Music Monitoring. Actively supervise the music played in the workplace, screening for offensive or lewd content. 2. Recognize that leaders influence workplace culture. Leaders should ensure their music choices align with standards for acceptable behavior, refraining from explicit or offensive content that may make employees uncomfortable. 3. Encourage Open Reporting Channels: Foster a culture where employees feel empowered to report issues. Anonymous reporting channels can alleviate concerns about retaliation, crucial for addressing problems promptly. 4. Transparent Policies and Training: Establish clear written policies regarding music in the workplace. Train employees on these policies during anti-harassment training sessions and reinforce expectations regularly. 5. Review Code of Conduct: Ensure company policies, including the code of conduct, explicitly outline expectations regarding appropriate music choices and behavior. Contact the Working Solutions Law Firm Today&nbsp; Labor agreements, legal compliance, and worker entitlements can be complex. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In a landmark ruling in June, the Ninth Circuit established that employers who permit music containing “sexually explicit” or “aggressive” language to be played in the workplace could be held responsible for sexual harassment. The Ninth Circuit breathed new life into a lawsuit alleging that S&amp;S Activewear created a hostile work environment by allowing explicit&hellip;</p>\\n"},{"id":23220,"path":"/blog/is-your-manager-taking-from-your-tips-contact-working-solutions-today","slug":"is-your-manager-taking-from-your-tips-contact-working-solutions-today","modified":"2023-10-31T12:44:55","title":"Is Your Manager Taking From Your Tips? Contact Working Solutions Today!","content":"Is your manager taking a percentage of your rightfully earned tips? If so, you may have legal claims for unpaid wages, and should contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;discrimination, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your manager taking a percentage of your rightfully earned tips? If so, you may have legal claims for unpaid wages, and should contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal&hellip;</p>\\n"},{"id":23215,"path":"/blog/mgm-to-pay-6-8m-in-settlement-over-wage-and-hour-violations","slug":"mgm-to-pay-6-8m-in-settlement-over-wage-and-hour-violations","modified":"2023-10-30T21:01:15","title":"MGM to Pay $6.8M In Settlement Over Wage and Hour Violations","content":"After a multi-year long investigation, the Attorney General’s Office has finally reached a settlement of $6,839, 287 with the hotel-casino MGM Springfield. The Attorney General’s Fair Labor Division began investigating complaints from employees in 2018, who alleged that they were not given their full wages and benefits and that security guards were required to work through meal breaks without compensation. Investigators found that MGM had indeed failed to pay minimum wage to their tipped employees, as well as failure to provide overtime wages, timely payments of wages, denied earned sick time, and engaged in unlawful tip retention.  Of the $6.8 million settlement, $461, 587 will be used to pay restitution to the 2,036 employees, while $6.3 million will be paid directly to the state within 30 days. The settlement proceeds will pay restitution to people that perform jobs like serving and bartending, cleaning, security, kitchen work, and running table games. As part of the settlement, MGM is required to hire a consultant to create and implement a compliance program that will include training on wage and hour law, and a compliance committee.&nbsp; MGM Springfield has not admitted to any wrongdoing in the settlement agreement. Your Rights to Fair Wages&nbsp; The Wage and Hour Division of the U.S. Department of Labor administers and enforces the Fair Labor Standards Act (FLSA), which establishes minimum wage, overtime pay, recordkeeping, and child labor standards, among other legal entitlements to workers across all sectors.&nbsp; Under the FLSA, workers are entitled to many rights including but not limited to:&nbsp; \\nFederal Minimum Wage of $7.25 per hour\\n\\nIn cases where an employee is subject to state and federal minimum wage, they are entitled to the higher minimum wage.&nbsp; For Tipped Employees such as bartenders, states can set a different minimum wage which varies greatly state-by-state.\\n\\nEmployers that claim a tip credit, which cannot exceed $5.12, must provide notice to tipped employees.\\n\\n\\n\\n Overtime Pay&nbsp;\\n\\nFor hours worked over 40 per workweek, the employee must receive overtime pay at a rate of no less than one and one-half times the regular rate of pay.&nbsp;\\n\\n Breaks and Meal Periods\\n\\nAlthough the FLSA does not require lunch or breaks, when employers do offer short breaks (between 5 to 20 minutes), federal law considers the break as compensable work hours included in the sum of total hours worked. Meal periods on the other hand (of around 30 minutes) are not considered compensable.&nbsp;\\n\\n Timely Payment of Wages\\n\\nWages required by the FLSA are due on the regular payday for the pay period covered.&nbsp;\\n\\n Tips&nbsp;\\n\\nUnder the FLSA an employee is considered a tipped employee if they customarily receive more than $30 a month in tips. The FLSA prohibits employers, including managers and supervisors, from keeping any portion of employee’s tips for any purpose.&nbsp;\\n\\n\\n Contact the Working Solutions Law Firm Today Do you have wage and hour violations? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime, and discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>After a multi-year long investigation, the Attorney General’s Office has finally reached a settlement of $6,839, 287 with the hotel-casino MGM Springfield. The Attorney General’s Fair Labor Division began investigating complaints from employees in 2018, who alleged that they were not given their full wages and benefits and that security guards were required to work&hellip;</p>\\n"},{"id":23211,"path":"/blog/chipotle-settles-child-labor-allegations-in-dc","slug":"chipotle-settles-child-labor-allegations-in-dc","modified":"2023-10-26T23:44:09","title":"Chipotle settles child labor allegations in DC","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Chipotle Mexican Grill has agreed to a $300,000 settlement after an investigation into a number of its restaurants inWashington, D.C. revealed over 800 potential child labor law violations. Accruing since at least&nbsp; 2020, the investigation alleged that Chipotle allowed its employees under the age of 18 to work more than eight hours a day, 48 hours a week, and more than six consecutive days in a workweek. The Mexican fast-food chain&nbsp; have also been accused of violating local city laws by allowing children to work past 10:00pm. However, these allegations appear to be a widespread trend in Chipotle’s employment management practices.&nbsp; Chipotle has faced similar accusations of child labor violations in Massachusetts where they settled for $1.4 million after an apparent discovery of&nbsp; 13,253 violations. They also settled in New Jersey for a much higher $7.75 million after receiving “widespread and persistent” violations of child labor laws. While Chipotle has continuously denied the allegations in Washington, D.C., it has agreed to pay $322,400 in damages and vowed to implement new training and workplace compliance plans. They have also stated their commitment to full compliance with labor laws and the fair employment of workers starting at age 16 to provide them valuable experiences and opportunities for advancement. What Child Labor Laws Should I Be Aware Of? Federally, the Fair Labor Standards Act (FLSA), provides a comprehensive guideline on child labor laws that are applicable to both agricultural and non agricultural occupations. These provisions start at 29 CFR, Part 570 where specific restrictions are outlined regarding the employment of minors based on their age, type of work, and the hours they are allowed to work.&nbsp; The FLSA has generally set a minimum age of 14 for most non-agricultural work, and 16 for occupations that have been deemed non-hazardous by the Secretary of Labor. It also mandates limits on the hours minors can work, eventually granting more liberty with age, and it also requires that they receive fair wages. These regulations are designed to provide a safeguard to the well-being of young individuals as they participate in the workforce, while also ensuring that they are not subjected to exploitative or dangerous working conditions. The FLSAs child labor provisions play an important role in providing reasonable and protective guidelines for young workers and employers to follow. Contact the Working Solutions Law Firm Do you or someone you know suspect child labor law violations? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Chipotle Mexican Grill has agreed to a $300,000 settlement after an investigation into a number of its restaurants inWashington, D.C. revealed over 800 potential child labor law violations. Accruing since at least&nbsp; 2020, the investigation alleged that Chipotle allowed its employees under the age of 18 to work more than eight hours a day,&hellip;</p>\\n"},{"id":23208,"path":"/blog/can-i-be-required-to-work-mandatory-overtime","slug":"can-i-be-required-to-work-mandatory-overtime","modified":"2023-10-26T16:02:13","title":"Can I Be Required to Work Mandatory Overtime?","content":"Ben Vanden Heuvel Can I Be Required to Work Mandatory Overtime? One commonly asked question people ask employment lawyers regarding overtime is whether an employer can require their employees to work overtime, and whether the employer can terminate an employee for refusing to work overtime. Laws vary by state, but in New York the short answer is: yes, employers can require overtime and may terminate employees who refuse to work overtime. There are, however, strict and non-waivable requirements for the pay you must receive for those overtime hours. What The FLSA Says About Overtime The Federal Labor Standards Act (FLSA) imposes overtime pay requirements on most hourly employees, requiring that they be paid one and a half times their normal rate for hours worked over 40 in a workweek. There is no limit on how many hours an employee can work provided they receive this overtime rate for overtime hours; the FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. Note that salaried, non-hourly employees who earn a salary of at least $35,568 are exempt from overtime pay requirements, as well as directors and executives, outside salesmen and independent contractors. The DOL Overtime Security Advisor helps determine who may be exempt from FLSA overtime pay requirements. New York State Laws on Overtime Similar to federal law, New York State law does not ban mandatory overtime but does require an overtime pay rate one and a half times regular pay rate for all hours worked over 40 in a week. The New York Department of Labor lays out some professions which are exempt from the overtime pay provisions of the State Labor Law: executive and administrative professional employees, outside salespeople, government employees, farm laborers, certain volunteers interns and apprentices, taxicab drivers, members of religious orders and charitable institutions, camp counselors, and part-time babysitters.&nbsp; Mandatory Overtime Cannot be Required for Nurses One major exception to the permissibility of mandatory overtime is that, since 2009, nurses cannot be required to work overtime or fear reprisal from healthcare providers, for refusing to work overtime, except for in emergency situations. This healthcare provider exception is the only one under New York Law which bans mandatory overtime regardless of pay. Have You Been Underpaid for Overtime Work, or Required to Work Overtime as a Nurse in New York? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today. One commonly asked question is whether an employer can require their employees to work overtime, and whether the employer can terminate an employee for refusing to work overtime. Laws vary by state, but in New York the short answer is: yes, employers can require overtime and may terminate employees who refuse to work overtime. There are, however, strict and non-waivable requirements for the pay you must receive for those overtime hours. What The FLSA Says About Overtime The Federal Labor Standards Act (FLSA) imposes overtime pay requirements on most hourly employees, requiring that they be paid one and a half times their normal rate for hours worked over 40 in a workweek. There is no limit on how many hours an employee can work provided they receive this overtime rate for overtime hours;&nbsp; the FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. Note that salaried, non-hourly employees who earn a salary of at least $35,568 are exempt from overtime pay requirements, as well as directors and executives, outside salesmen and independent contractors. The DOL Overtime Security Advisor helps determine who may be exempt from FLSA overtime pay requirements. New York State Laws on Overtime Similar to federal law, New York State law does not ban mandatory overtime but does require an overtime pay rate one and a half times regular pay rate for all hours worked over 40 in a week. The New York Department of Labor lays out some professions which are exempt from the overtime pay provisions of the State Labor Law: executive and administrative professional employees, outside salespeople, government employees, farm laborers, certain volunteers interns and apprentices, taxicab drivers, members of religious orders and charitable institutions, camp counselors, and part-time babysitters.&nbsp; Mandatory Overtime Cannot be Required for Nurses One major exception to the permissibility of mandatory overtime is that, since 2009, nurses cannot be required to work overtime or fear reprisal from healthcare providers, for refusing to work overtime, except for in emergency situations. This healthcare provider exception is the only one under New York Law which bans mandatory overtime regardless of pay. Have You Been Underpaid for Overtime Work, or Required to Work Overtime as a Nurse in New York? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel Can I Be Required to Work Mandatory Overtime? One commonly asked question people ask employment lawyers regarding overtime is whether an employer can require their employees to work overtime, and whether the employer can terminate an employee for refusing to work overtime. Laws vary by state, but in New York the short&hellip;</p>\\n"},{"id":23203,"path":"/blog/do-you-have-unpaid-overtime-wages-contact-working-solutions-today-3","slug":"do-you-have-unpaid-overtime-wages-contact-working-solutions-today-3","modified":"2023-10-26T14:12:47","title":"Do You Have Unpaid Overtime Wages? Contact Working Solutions Today!","content":"Has your employer failed to pay you for your overtime hours? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;State and local law in New York City, New York State, and New Jersey require that employees receive time-and-a-half pay for any hour worked over 40 per week. Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime, severance, and&nbsp;discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Has your employer failed to pay you for your overtime hours? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;State and local law in New York City, New York State, and New Jersey require that employees receive time-and-a-half pay for any hour worked over&hellip;</p>\\n"},{"id":23189,"path":"/blog/not-getting-paid-for-time-spent-prepping-contact-working-solutions-today","slug":"not-getting-paid-for-time-spent-prepping-contact-working-solutions-today","modified":"2023-10-24T13:45:23","title":"Not Getting Paid For Time Spent Prepping? Contact Working Solutions Today!","content":"Are you getting paid for your time spent prepping and getting ready for work? If not, you may have unpaid overtime claims, and should seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime, harassment, and&nbsp;discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you getting paid for your time spent prepping and getting ready for work? If not, you may have unpaid overtime claims, and should seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced&hellip;</p>\\n"},{"id":23167,"path":"/blog/battery-manufacturer-dodges-liquidated-damages-in-22m-overtime-suit","slug":"battery-manufacturer-dodges-liquidated-damages-in-22m-overtime-suit","modified":"2023-10-23T17:36:41","title":"Battery Manufacturer Dodges Liquidated Damages in $22M Overtime Suit","content":"Judge Gene E. K. Pratter of the U.S. District Court for the Eastern District of Pennsylvania ruled that East Penn Manufacturing Co. acted in good faith in attempting to comply with the Fair Labor Standards Act, thus eliminating the possibility of doubling the damages to $44 million. The suit, initially filed in March of 2018 by the U.S. Department of Labor, represents 7,500 workers who claim East Penn violated the FLSA by denying them overtime pay. Plaintiffs alleged they were not paid for their time spent donning and doffing protective gear before and after their shift, as well as showering post-shift, all of which East Penn required their employees to do. After 30 days of trial, the federal jury reached a $22 million verdict in favor of the employees. Since the FLSA allows employees to recover back wages and liquidated damages, the final damages award could have risen to over $44 million. But the presiding judge ultimately declined to increase the damages. Why Were Liquidated Damages Denied? In her ruling, Judge Gene E.K. Pratter stated that because East Penn acted in good faith when they unintentionally violated the FLSA, they were not subject to paying liquidated damages on top of the $22 million in back wages. This came to light as there was significant evidence that East Penn sought legal advice from outside counsel in 2003 and 2016 regarding the legality of their payment policies, and on both occasions they amended their policies to reflect the guidance they received from the attorneys. Although East Penn’s policies did violate the FLSA, the company did not do so willfully, as they reasonably believed their policies were lawful after seeking advice from labor and employment attorneys. The Judge found that East Penn relied in good faith on the advice they were given from outside counsel, and as such made an effort to comply with the FLSA.  Compensable Time Under the FLSA Under the FLSA, employers must accurately record the hours worked by employees and they must pay their employees at least the minimum wage for all hours worked in a workweek, including time and a half an employee’s regular rate of pay for all time worked in excess of 40 hours in a workweek. Compensable time is considered any time that an employee spends on activities that are required by the employer, such is the case for Eastern Penn in requiring their employees to don and doff personal protection equipment pre- and post-shift and to shower post-shift. Time spent on activities that are related and necessary to primary job duties are considered hours worked and thus compensable under the FLSA. Work that was permitted to be performed contributes toward the total worked time, which must be paid for by the employer. Contact the Working Solutions Law Firm Today Do you have unpaid overtime wages? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Judge Gene E. K. Pratter of the U.S. District Court for the Eastern District of Pennsylvania ruled that East Penn Manufacturing Co. acted in good faith in attempting to comply with the Fair Labor Standards Act, thus eliminating the possibility of doubling the damages to $44 million. The suit, initially filed in March of 2018&hellip;</p>\\n"},{"id":23155,"path":"/blog/grocery-chain-and-delivery-services-against-former-employee","slug":"grocery-chain-and-delivery-services-against-former-employee","modified":"2023-10-19T17:39:41","title":"Grocery Chain and Delivery Services Against Former Employee","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On July 21st, 2023, Thayer Sears, a former delivery driver, filed a lawsuit in Massachusetts against Roche Bros and Cherish Productions who operate their business as Grocery Runners. Sears alleged that during his employment under these companies he was misclassified as an independent contractor, paid below minimum wage, and denied overtime compensation. According to Sears, by being misclassified as an independent contractor he was denied deserved legal protections and employee mandated benefits. Sears claims that while he was hired to perform deliveries as a contractor, he worked effectively as a full-time employee because the companies exercised complete control over his work. His complaint references how the company’s management supervised drivers, instructed Sears on where and how to make deliveries, determined his compensation, and maintained records regarding his hours worked and overall earnings. He also alleged that he regularly worked over 45 hours a week on the job and was paid a flat rate of $200 a day with no overtime compensation. He was also responsible for job-related expenses like gas and phone bills. Sears further accused the companies of incorrectly recording hours and withholding customer tips. On October 3rd, Roche Bros filed a motion to dismiss the lawsuit asserting that Sears’ argument lacked merit and failed to disclose the involvement Roche Bros had in the decision of denying him appropriate employment status. They stated that Sears had not provided any evidence of a previous employer-employee relationship between him and the company, and they contended that Sear’s “unjust enrichment claims were nothing more than a restatement of his statutory wage and hours claim”. What type of employee are you? (W2 Employee vs 1099 Contractor) Employment misclassification often refers to when an individual worker is incorrectly categorized as an independent contractor rather than an employee. This misclassification can lead to important legal and financial consequences, as your employment status entitles you&nbsp; to different protections and benefits. Generally, there are two kinds of employment classifications: , a W2 employee or a 1099 contractor. A W2 employee is an individual who is hired and works under a designated employer who decides where, when, and how the employee works. Businesses that hire W2 employees are also responsible for providing their employees with the necessary tools such as office space and computers needed to perform their respective jobs. These kinds of employees are also able to enjoy benefits such as company-sponsored insurance, wellness programs, paid time off, vacation days, retirement contributions, parental leave, and more. Meanwhile, a 1099 contractor is a self-employed worker who functions as their own boss. They work freely and independently in contrast to a company worker, setting their own schedule and utilizing their own tools, but due to this dynamic they are ultimately responsible for managing their own taxes and providing themselves with their own benefits. Contact the Working Solutions Law Firm Have you been misclassified at your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On July 21st, 2023, Thayer Sears, a former delivery driver, filed a lawsuit in Massachusetts against Roche Bros and Cherish Productions who operate their business as Grocery Runners. Sears alleged that during his employment under these companies he was misclassified as an independent contractor, paid below minimum wage, and denied overtime compensation. According to&hellip;</p>\\n"},{"id":23145,"path":"/blog/getting-incorrect-payments-for-your-hourly-work-contact-working-solutions-today","slug":"getting-incorrect-payments-for-your-hourly-work-contact-working-solutions-today","modified":"2023-10-19T14:24:46","title":"Getting Incorrect Payments For Your Hourly Work? Contact Working Solutions Today!","content":"Are you receiving irregular or inconsistent payments for your hourly work? If so, you may have been misclassified as a contractor, and should seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime, discrimination, and severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you receiving irregular or inconsistent payments for your hourly work? If so, you may have been misclassified as a contractor, and should seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal&hellip;</p>\\n"},{"id":23140,"path":"/blog/chicago-strip-club-dancers-sue-over-misclassification-underpayment-and-a-toxic-work-environment","slug":"chicago-strip-club-dancers-sue-over-misclassification-underpayment-and-a-toxic-work-environment","modified":"2023-10-18T18:33:53","title":"Chicago Strip Club Dancers Sue Over Misclassification, Underpayment, And a Toxic Work Environment","content":"Ben Vanden Heuvel A strip club in Chicago, Scores Chicago Gentleman’s Club, is in hot water as it faces as a lawsuit claiming that it misclassifies its dancers as independent contractors, subsequently fails to pay them minimum wages, and allows gender-based misconduct to occur on its premises. What is an Independent Contractor Under the Law? The Department of Labor and the Internal Revenue Service offer guidelines on what separates an independent contractor from a regular employee. According to the IRS, Courts consider a variety of factors in determining whether an individual is in fact a regular employee and not an independent contractor. Indicators that an individual is an employee and NOT an independent contractor include: behavioral control by the employer, including extensive instruction, training and supervision; financial control by the employer, as independent contractors typically have their own separate expenses and opportunity to incur their own profit or loss; relationship of the parties, such as written contracts and employee benefit plans.  Since independent contractors have different eligibility for employee benefits and social security, as well as different tax responsibilities and legal protections, the Department of Labor warns to be careful of misclassification by employers. Employees are federally protected by minimum wage and overtime wage laws, while independent contractors are not entitled to a federal minimum wage and overtime pay, making classification important for employees’ to understand their rights. The Lawsuit In the suit filed in Illinois’ Northern District Court, Angelica Rattnude, a former dancer, alleges that the behavioral and financial control the strip club asserted over their hired dancers demonstrates that they are employees, not independent contractors, and as such have been unlawfully underpaid. As employees and not independent contractors, Rattnude alleges that the dancers were not paid minimum wage or overtime and did not receive the benefits nor protections of employees despite working the capacity of a full-time W-2 employee.   Furthermore, the suit states “On several occasions when a customer engaged in physical intrusions of a sexual nature, [Rattunde] was punished financially for attempting to protect herself from further harm…on several occasions when a customer exposed himself to [Rattunde], and she instructed the customer to cover himself, the club unilaterally chose to issue a partial refund to the customer, resulting in [Rattunde] losing the pay she rightfully earned for her performance. Rattnude argues that the club thereby fostered a toxic work environment which failed to protect dancers from gender-based violence and discrimination.&nbsp; Have You Been Misclassified as an Independent Contractor, Leading to Unlawful Underpayment? Have You Been Subjected to a Hostile or Discriminatory Work Environment? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel A strip club in Chicago, Scores Chicago Gentleman’s Club, is in hot water as it faces as a lawsuit claiming that it misclassifies its dancers as independent contractors, subsequently fails to pay them minimum wages, and allows gender-based misconduct to occur on its premises. What is an Independent Contractor Under the Law?&hellip;</p>\\n"},{"id":23134,"path":"/blog/tesla-subcontractors-record-award-amount-racial-discrimination-reduced-to-3-2-million","slug":"tesla-subcontractors-record-award-amount-racial-discrimination-reduced-to-3-2-million","modified":"2023-10-17T20:08:19","title":"Tesla Subcontractor’s Record Award Amount Racial Discrimination Reduced to $3.2 Million","content":"A race discrimination lawsuit against Tesla made headlines earlier this year for the highest ever amount awarded to an individual suing for discrimination in the United States. After a jury trial ruled in favor of Owen Diaz, a former Tesla subcontractor who alleged enduring a racist work environment at one of Teslas factories, the jury awarded $137 million in damages and punitive fees against Elon Musk’s electric car company. But since the original decision was handed down in 2021, the case has been retried and a lower award verdict of $3.2 million was concluded.  In October, California federal judge William H. Orrick refused to grant a third trial and upheld Diazs $3.2 million damages award. The judge rejected Teslas request to reduce the damages further to $1.75 million. The recent court decision averts another prolonged trial for the car manufacturer, but Diaz’s lawsuit is only one of many such cases accusing Tesla of cultivating a hostile work environment with widespread racial harassment.  Tesla Racist Work Environment Case History Diaz, who worked as a freight elevator operator at Teslas Fremont, California facility, first filed a complaint against the company in 2017. According to the judges order, Diaz “testified that he was excited to work somewhere that was developing technology to help move away from fossil fuels and make the world better for his kids” when he first started working for Teslathere in 2015. However, “during his time at Tesla, Diaz encountered racism and hostility, including regularly being called the N-word.” Diaz accused Tesla of failing to protect him from racial abuse in the work environment.. He claimed that his supervisor repeatedly used racial slurs, placed a racist images, such as swastikas, in his workspace, and that another employee even smeared feces on a Black colleagues cart. The jury unanimously agreed with Diaz’s contention that Tesla had failed to adequately address the racism faced by Diaz. Whereas the original award included $6.9 million in damages to Diaz, the remaining $130 million was to be a punitive fee imposed on Tesla.  Diaz’s awards were reduced to $3.2 million after Judge Orrick ordered a second trial, labeling the first award as excessive. In June, Diaz argued for a third trial, asserting that Teslas counsel had wrongly attacked his character during the proceedings. He claimed there was inappropriate questioning about alleged inappropriate comments and other unnecessary attempts to inquire about his criminal history. While the judge acknowledged the questions inappropriateness, he deemed them irrelevant to the emotional distress and damages at hand. Tesla’s Response&nbsp; Tesla contended that the punitive damages awarded by the jury were excessive, but Judge Orrick disagreed. He justified the high punitive damages by citing the repeated use of racial slurs by colleagues, subordinates, and managers, including a supervisor expressing a desire to fire all Black employees. Notably, the judge highlighted that Tesla was aware of the discriminatory conduct and discouraged an investigation into Diazs complaint. “Despite Tesla’s attempts to characterize it any other way, its treatment of Diaz — and the treatment of its supervisors and employees (or contractors) — falls high on the reprehensibility scale,” said Judge Orrick in his decision.&nbsp; Contact the Working Solutions Law Firm Today&nbsp;Are you experiencing racially-motivated hostility or harassment in the workplace? If you have reason to believe that you are the victim of racial discrimination, contact us today. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A race discrimination lawsuit against Tesla made headlines earlier this year for the highest ever amount awarded to an individual suing for discrimination in the United States. After a jury trial ruled in favor of Owen Diaz, a former Tesla subcontractor who alleged enduring a racist work environment at one of Tesla&#8217;s factories, the jury&hellip;</p>\\n"},{"id":23124,"path":"/blog/facing-discrimination-due-to-your-disability-contact-working-solutions-today","slug":"facing-discrimination-due-to-your-disability-contact-working-solutions-today","modified":"2023-10-17T13:17:19","title":"Facing Discrimination Due To Your Disability? Contact Working Solutions Today!","content":"Is your employer discriminating against you because you have physical limitations or a disability? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;retaliation, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer discriminating against you because you have physical limitations or a disability? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of&hellip;</p>\\n"},{"id":23113,"path":"/blog/mlb-tries-to-escape-age-discrimination-lawsuit-on-out-of-court-jurisdiction","slug":"mlb-tries-to-escape-age-discrimination-lawsuit-on-out-of-court-jurisdiction","modified":"2023-10-16T20:25:17","title":"MLB Tries to Escape Age Discrimination Lawsuit On Out of Court Jurisdiction","content":"Age Discrimination of Older Scouts A group of former Major League Baseball scouts are suing the MLB, the league’s Commissioner Rob Manfred, and its 30 teams for allegations of age discrimination occurring between 2020 and 2022. According to the suit filed in United States District Court in Denver, Colorado, Plaintiffs allege that the Defendants violated and continue to violate the Age Discrimination in Employment Act (ADEA), which forbids the discrimination of people age 40 or older in the workplace. The complaint alleges that MLB Defendants denied older scouts reemployment based on a common plan among the Defendants to systematically build a workforce of younger scouts. It accuses the MLB of intentionally coordinating these efforts by limiting scouts’ abilities to switch clubs, blacklisting older scouts, and misusing COVID-19 to justify terminations. The lawsuit was filed in June this year. MLB’s Response to the Lawsuit Major League Baseball motioned to dismiss the case on October 10th due to lack of jurisdiction, claiming that the non-Colorado resident Plaintiffs do not have enough contact with Colorado for the state’s court to exercise jurisdiction. The MLB went further stating that if the court does decide that the clubs are under its jurisdiction, they still have a motion to dismiss the lawsuit on the basis of the state and municipal laws listed by Plaintiffs as grounds for the lawsuit. The lawsuit was filed in Colorado, but it cites a number of other state law violations where some of the Plaintiffs were employed. One being violations of the California Fair Employment and Housing Act, where the Plaintiffs must demonstrate that the wrongful conduct of California defendants occurred in California to successfully lay the claim. There are also allegations under The New York City Human Rights Law, which requires plaintiffs to be Empire State residents and to allege the discrimination there. Since there are many Plaintiffs from many different states, not all Plaintiffs can claim the same violations. This can make it very difficult to effectively litigate and settle a case, because not all Plaintiffs legally qualify for all allegations.&nbsp; Age Discrimination Employment Act&nbsp; Enforced by the Equal Employment Opportunity Commission, the Age Discrimination in Employment Act of 1967 prohibits discrimination on the basis of age of applicants and employees who are aged 40 or older. The ADEA applies to the following employers: private employers with 20 or more employees, state and local governments, federal government, employment agencies, and labor organizations. It prohibits age discrimination in hiring, promotions, wages, and termination and protects employees from retaliation for asserting their rights under the ADEA. It also prohibits harassment of older employees on the basis of age. Contact Us Today Have you experienced retaliation from your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including retaliation and discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Age Discrimination of Older Scouts A group of former Major League Baseball scouts are suing the MLB, the league’s&nbsp; Commissioner Rob Manfred, and its 30 teams for allegations of age discrimination occurring between 2020 and 2022. According to the suit filed in United States District Court in Denver, Colorado, Plaintiffs allege that the Defendants violated&hellip;</p>\\n"},{"id":23110,"path":"/blog/a-former-novo-nordisk-employee-filed-a-complaint-alleging-that-he-was-discriminated-against-and-illegally-fired-regarding-his-french-nationality-and-accent","slug":"a-former-novo-nordisk-employee-filed-a-complaint-alleging-that-he-was-discriminated-against-and-illegally-fired-regarding-his-french-nationality-and-accent","modified":"2023-10-13T17:14:19","title":"Novo Nordisk Sued for Discrimination Against French Employee","content":"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A&nbsp; former Novo Nordisk employee filed a complaint alleging that he was discriminated against and illegally fired regarding his French nationality and accent. According to the complaint, Emmanuel Simon’s newly appointed supervisor, Anne Filberg, began to actively undermine and unjustifiably target Mr. Simon due to his French background. Mr. Simon alleged that he was told that he could not make the presentation he was qualified to exhibit due to his accent. Simon further alleged that he was prevented from being a live speaker at major meetings despite having a successful track record at previous meetings. Additionally, he received negative feedback on his performance and was placed on an action plan that was described in the complaint as onerous and riddled with unrealistic goals. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Eventually, Simon reported his concerns to human resources regarding the ongoing discrimination he faced from his supervisor. But shortly after, he was terminated. Management informed Simon that he had failed to meet the demands of his performance improvement plan. Now, Simon is seeking damages in the form of front and back pay due to Novo Nordisk’s violation of his rights as an employee under the 1964 Civil Rights Act and the New Jersey Law Against Discrimination (NJLAD). How does the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination Impact Workplace Equality? &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The lawsuit filed by Mr. Simon claims that Novo Nordisk violated both the Civil Rights Act of 1964, and the New Jersey Law Against Discrimination. The Civil Rights Act of 1964 was a piece of legislation aimed to prohibit any form discrimination based on race, color, religion, sex, or national origin. The Title VII section of this act extends its protection to employees by prohibiting all forms of employment discrimination whether it may be in the workplace or through a hiring process. This makes it illegal for employers to discriminate against individuals based on their national origin or ethnicity.&nbsp; Since the lawsuit was filed in the state of New Jersey, the second piece of legislation that was cited as a violation was the New Jersey Law Against Discrimination. This statute prohibits discrimination and harassment based on actual or perceived race, religion, national origin, gender, sexual orientation, disability, or any other protected characteristics. These legislations highlight the fundamental principles of equality in the workplace. They are important laws for employees to understand because they serve to empower individuals to stand up against discrimination and harassment to help foster a more inclusive, fair, and sustainable work environment. Contact the Working Solutions Law Firm Have you been discriminated against in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including Discrimination and Retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A&nbsp; former Novo Nordisk employee filed a complaint alleging that he was discriminated against and illegally fired regarding his French nationality and accent. According to the complaint, Emmanuel Simon’s newly appointed supervisor, Anne Filberg, began to actively undermine and unjustifiably target Mr. Simon due to his French background. Mr. Simon alleged that he was&hellip;</p>\\n"},{"id":23102,"path":"/blog/women-seeking-work-in-the-truck-driving-industry-face-gender-discrimination-according-to-complaint","slug":"women-seeking-work-in-the-truck-driving-industry-face-gender-discrimination-according-to-complaint","modified":"2023-10-12T14:51:27","title":"Women Seeking Work in The Truck-Driving Industry Face Gender Discrimination, According to Complaint","content":"Ben Vanden Heuvel A class action complaint filed with the Equal Opportunity Employment Commission by the firm Peter Romer-Friedman Law PLLC, in partnership with the National Womens Law Center, alleges that women truck drivers are subjected to unfair hiring practices on the basis of their sex when applying for truck-driving positions with the defendant, Stevens Transport. The charge names three women out of the larger class: Desiree Wood, Kim Howard, and Ashlee Streeter. Desiree Wood is president of REAL Women in Trucking, an organization designed to support women in the industry. The charge claims that Stevens Transport discriminates against women in hiring truckers to fill open positions, and that the Complainants were denied positions “because they are women”, which is a violation of Title VII of the Civil Rights Act. According to the charge, “Stevens also requires that applicants who are women must train with female instructors and, in turn, forbids women from training with male driving instructors. Because Stevens does not have enough female driving instructors, new women drivers are forced to sit on a ‘female waitlist’ for many months to start a job with Stevens or they are never hired by Stevens. In contrast, male drivers head to the front of the line and start their jobs right away. What’s more, Stevens discourages women drivers from pursuing driving jobs with Stevens by telling them they will need to wait for a long time to start, deterring many women from submitting job applications.” The charge contends that this combination of unfair delay in hiring and discouragement of hiring for female applicants creates unlawful discrimination.  According to the New York Times, it is not the first time that women have come forward about gender discrimination in the truck driving industry, and expressed that women have a harder time securing trucking jobs even when drivers are in demand in the industry. It’s a self-perpetuating cycle: fewer than five percent of truck drivers are women, so requiring that new female drivers be trained by female drivers only drastically discourages new female hires, in turn reducing the women who can train the next round of applicants. This continues in spite of an overall demand for new drivers in the industry. Have you been unlawfully discriminated against in hiring because of your sex?  If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including Title VII and unfair hiring practices. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Ben Vanden Heuvel A class action complaint filed with the Equal Opportunity Employment Commission by the firm Peter Romer-Friedman Law PLLC, in partnership with the National Women&#8217;s Law Center, alleges that women truck drivers are subjected to unfair hiring practices on the basis of their sex when applying for truck-driving positions with the defendant, Stevens&hellip;</p>\\n"},{"id":23095,"path":"/blog/are-you-facing-discrimination-at-work-contact-working-solutions-today","slug":"are-you-facing-discrimination-at-work-contact-working-solutions-today","modified":"2023-10-12T13:44:05","title":"Are You Facing Discrimination At Work? Contact Working Solutions Today!","content":"Are you the victim of discrimination in your workplace? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including discrimination, harassment, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you the victim of discrimination in your workplace? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including discrimination, harassment,&hellip;</p>\\n"},{"id":23083,"path":"/blog/where-can-i-file-a-whistleblower-complaint","slug":"where-can-i-file-a-whistleblower-complaint","modified":"2023-10-11T01:01:28","title":"Where Can I File A Whistleblower Complaint?","content":"A whistleblower is someone who divulges information, either internally or externally that he or she believes evidences: \\na criminal offence, for example fraud someone’s health and safety is in danger risk or actual damage to the environment a miscarriage of justice the company is breaking the law – for example, it does not have the right insurance you believe someone is covering up wrongdoing\\n If you have questions about whistleblowing at your company, you may contact your HR department, and seek legal advice from legal counsel. There are numerous laws in place in the United States to encourage employees to come forward. Since protections vary from state to state, it is very important to consult legal counsel before coming forward. Even if you are a government employee, you are allowed to file a whistleblowing complaint. -To file a whistleblowing complaint with OSHA (Occupational Safety and Health Administration) please use this form. -To file a whistleblowing complaint with the DOJ (Department of Justice) you can file a complaint using this hotline.Please keep in mind that an employer can not retaliate against you for exercising your rights under the whistleblower protection laws that the Department of Labor have in place. Retaliation from an employer includes but is not limited to, firing or laying off, demoting, denying overtime or promotion, or reducing pay or hours. Contact Us TodayHave you experienced retaliation after making a whistleblower complaint? If so, we would love to hear from you. Seek legal assistance from the employment lawyers at The Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at 646-430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of law. These areas include FMLA, discrimination and unpaid wages and overtime, and many more. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A whistleblower is someone who divulges information, either internally or externally that he or she believes evidences: If you have questions about whistleblowing at your company, you may contact your HR department, and seek legal advice from legal counsel. There are numerous laws in place in the United States to encourage employees to come forward.&hellip;</p>\\n"},{"id":23084,"path":"/blog/do-you-have-questions-about-retaliation-whistleblower-rights-contact-working-solutions-today","slug":"do-you-have-questions-about-retaliation-whistleblower-rights-contact-working-solutions-today","modified":"2023-10-10T14:21:30","title":"Do You Have Questions About Retaliation & Whistleblower Rights? Contact Working Solutions Today!","content":"Do you have questions about workplace retaliation and whistleblower protections? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;retaliation, discrimination, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about workplace retaliation and whistleblower protections? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;retaliation, discrimination,&hellip;</p>\\n"},{"id":23079,"path":"/blog/former-eli-lilly-worker-settles-whistleblower-lawsuit","slug":"former-eli-lilly-worker-settles-whistleblower-lawsuit","modified":"2023-10-09T18:55:04","title":"Former Eli Lilly Worker Settles Whistleblower Lawsuit","content":"A former associate director of employee relations at Eli Lilly &amp; Co., Amrit Mula, has settled with the pharmaceutical company. The plaintiff had numerous claims against the company, the most prominent being an allegation that she was fired in retaliation for reporting manufacturing errors with some of their cancer treatments and a diabetes medication, Trulicity. In an order of dismissal filed on October 3, 2023 in New Jersey federal court, Mula and Lilly reached an agreement and U.S. District Judge Michael A. Shipp administratively closed and dismissed the case with prejudice; details of the settlement were not made publicly available.  Allegations against Eli Lilly According to the suit filed in June 2022, Mula began investigating Eli Lilly’s manufacturing practices regarding three cancer drugs and the popular diabetes medication Trulicity in 2018 after hearing about alleged violations of the Food and Drug Administration’s Good Manufacturing Practices at the company’s site in Branchburg, New Jersey. In her complaint, Mula alleged&nbsp; that she was told by supervisors to stop her investigation and instructed to report the findings as “performance issues” rather than violations. In 2019 when Mula reported that three scientists told her the company was relying on compromised data to make decisions about Trulicity, her report on the apparent FDA violations was downplayed. And not long after this, she was informed&nbsp; that her position was being eliminated. Mula’s investigation shed light on missing FDA-approved documentation for manufacturing Trulicity and called out falsified and manipulated data used by Eli Lilly. Whistleblower Retaliation in New Jersey Retaliation occurs when an employer penalizes an employee for asserting their workplace rights, such as reporting or refusing to engage in activities they deem illegal. Under the New Jersey Conscientious Employee Protection Act (CEPA), it is illegal for employers to take adverse employment actions against employees that have reported or objected to participating in actions that the employee sees as illegal or in violation of public policy. CEPA protects employees, such as Mula, from being targets of unfavorable actions from their employers for objecting to something they reasonably believe violated the law.&nbsp;&nbsp; Contact Us Today Have you experienced retaliation from your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including retaliation and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former associate director of employee relations at Eli Lilly &amp; Co., Amrit Mula, has settled with the pharmaceutical company. The plaintiff had numerous claims against the company, the most prominent being an allegation that she was fired in retaliation for reporting manufacturing errors with some of their cancer treatments and a diabetes medication, Trulicity.&hellip;</p>\\n"},{"id":23077,"path":"/blog/hijab-wearing-employees-harassment-at-chipotle-leads-to-federal-discrimination-lawsuit","slug":"hijab-wearing-employees-harassment-at-chipotle-leads-to-federal-discrimination-lawsuit","modified":"2023-10-09T15:09:40","title":"Hijab-Wearing Employee’s Harassment at Chipotle Leads to Federal Discrimination Lawsuit","content":"Chipotle is being sued by a federal agency for religious harassment and retaliation against an employee at a location in Lenexa, Kansas. The lawsuit was filed by the Equal Employment Opportunity Commission (EEOC) in September, and involves a 2021 incident in which a female employee’s hijab was forcibly removed by her manager.&nbsp; According to the complaint, a 19-year-old line server who wore a hijab as part of her religious practice found herself the target of prolonged harassment starting in July 2021. An assistant manager began insisting, at least ten times over a month, that the employee remove her hijab and reveal her hair. Despite the employee expressing discomfort to a supervisor, no corrective action was taken against the manager. The situation escalated in August 2021 when the manager allegedly “yanked” and partially removed the employee’s hijab during store closing. The complaint alleges that the manager’s actions “created a hostile working environment based on religion.”&nbsp; The day following the physical altercation, the employee gave her two weeks’ notice as “a result of Garcia’s threats and management’s repeated failures to address the harassment.” During this period, the EEOC alleges that Chipotle retaliated against the teenager by “refusing to schedule her to work additional shifts unless she transferred occasions, while allowing her harasser to continue working at the same location.”&nbsp; Religious Discrimination: What Protections Exist?&nbsp; Religion is a protected class under labor laws. According to Title VII of the Civil Rights Act of 1964, harassment and discrimination against an employee based on their religious beliefs is illegal. Title VII also requires employers to accommodate the religious practices of an employee or prospective employee, unless doing so would create an unreasonable hardship on the employer.&nbsp; Religious Discrimination: Examples&nbsp; Examples of religious discrimination include the implementation of a dress code that goes against religious beliefs, non-accommodation of religious observances, and harassment that creates a hostile work environment. Federal and state labor laws protect employees and their right to observe their religious beliefs without affecting their ability to work.&nbsp; Contact the Working Solutions Law Firm Today&nbsp; You have legal rights if you experience religious discrimination in the workplace. Federal, state, and local laws protect employees from religious discrimination. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;","excerpt":"<p>Chipotle is being sued by a federal agency for religious harassment and retaliation against an employee at a location in&nbsp; Lenexa, Kansas. The lawsuit was filed by the Equal Employment Opportunity Commission (EEOC) in September, and involves a 2021 incident in which a female employee’s hijab was forcibly removed by her manager.&nbsp; According to the&hellip;</p>\\n"},{"id":23073,"path":"/blog/department-of-labor-increases-minimum-wage-for-federal-contractors","slug":"department-of-labor-increases-minimum-wage-for-federal-contractors","modified":"2023-10-05T16:31:48","title":"Department of Labor Increases Minimum Wage for Federal Contractors","content":"Pursuant to President Biden’s recent executive order, Executive Order 14026, the minimum wage for federal contractors will increase to $17.20 for contracts entered into on or after January 30, 2022. These new wages will begin rolling out January 1, 2024. For established contracts entered into between January 1, 2015 and January 30, 2022, a minimum wage of $12.90 will continue to apply. This information comes from the Federal Register.  Minimum Wage Increase Blocked by Courts in Texas, Louisiana, and Mississippi A Federal Court in Texas’s Southern District ruled, in a September 26, 2023, opinion, that President Biden and the executive overstepped in the relevant executive order, and as such Texas, Louisiana, and Mississippi, the states that challenged the wage hike, do not need to comply with the executive order for the time being. The Court did not, however, extend its ruling to the other states, who are still subject to the Order for now.  The minimum wage of $12.90 will continue to apply in these states.  Everywhere Else, The Increase Begins January 1, 2024 Unless you live in Texas, Louisiana, or Mississippi, if you are a federal contractor with a “new” contract (a contract is considered “new” under the Order if entered into on or after January 30, 2022), the increase to $17.20 will roll out starting January 1, 2024. This is a change to the original order, which planned to increase the federal contractor minimum to $15.00. The Department of Labor noted, contracts not considered new for purposes of Executive Order 14026…will remain subject to the minimum wage requirements of Executive Order 13658”, where the previous $12.90 minimum applies. This lower minimum comes from President Obama’s Executive Order 13658, which remains in force for older contracts. Have You Been Underpaid in Violation of Your Minimum Wage Requirements? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Pursuant to President Biden’s recent executive order, Executive Order 14026, the minimum wage for federal contractors will increase to $17.20 for contracts entered into on or after January 30, 2022. These new wages will begin rolling out January 1, 2024. For established contracts entered into between January 1, 2015 and January 30, 2022, a minimum&hellip;</p>\\n"},{"id":23058,"path":"/blog/are-you-facing-discrimination-because-of-your-medical-condition-contact-working-solutions-today","slug":"are-you-facing-discrimination-because-of-your-medical-condition-contact-working-solutions-today","modified":"2023-10-05T13:10:42","title":"Are You Facing Discrimination Because Of Your Medical Condition? Contact Working Solutions Today!","content":"Is your employer discriminating against you because you have a medical condition? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;retaliation, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer discriminating against you because you have a medical condition? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law,&hellip;</p>\\n"},{"id":23069,"path":"/blog/the-right-to-wage-transparency-in-new-york","slug":"the-right-to-wage-transparency-in-new-york","modified":"2023-10-03T16:53:51","title":"The Right to Wage Transparency in New York","content":"On September 17, 2023, New York State implemented a new Pay Transparency Law under section 194-b of the New York State Labor Law (NYLL). This new legislation mandates that private employers with four or more employees must disclose a non-open end pay range for all jobs, promotions, or transfer opportunities that are publicly advertised in the state. Essentially, when job listings are posted on sites such as Linkedin or Glassdoor and are based out of New York, they must include wage/salary information. The pay range provided must consist of the minimum and maximum annual salary or hourly compensations that is believed to be the most accurate at the time of publication. The pay range may be adjusted accordingly based on the hiring process. For positions that are commission-based, employers need not surmise potential earnings to list in their job posting. It is important as well that business employers are prohibited from retaliating against employees who discuss compensation with another coworker. Addressing Systemic Pay Inequality and Discrimination This new law is significant and important to know because it applies to not only external job postings, but also internal ones. This has been done in order to ensure that pay transparency and fairness throughout the hiring and promotion processes prevails. The principal goal is to empower job seekers and employees by helping them combat systemic pay inequality and discriminatory practices in wage-settings and hiring decisions. By requiring employers to disclose pay ranges from the beginning, individuals can make more informed decisions about their job choices, and potentially negotiate fair compensations.  The new Pay Transparency Law promotes accountability within organizations that encourage them to reevaluate their compensation practices and strive for greater fairness and equity. Ultimately, the principal aim is to foster a more equitable job market where people are better equipped to challenge wage disparities and seek opportunities that align with their skills and expectations, to promote a more inclusive and just workforce. Contact the Working Solutions Law Firm Do you believe youre a victim of discriminatory wage-setting and hiring practices? Or systematic pay inequality? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>On September 17, 2023, New York State implemented a new Pay Transparency Law under section 194-b of the New York State Labor Law (NYLL). This new legislation mandates that private employers with four or more employees must disclose a non-open end pay range for all jobs, promotions, or transfer opportunities that are publicly advertised in&hellip;</p>\\n"},{"id":23055,"path":"/blog/not-earning-your-proper-hourly-wage-contact-working-solutions-today","slug":"not-earning-your-proper-hourly-wage-contact-working-solutions-today","modified":"2023-10-03T15:22:50","title":"Not Earning Your Proper Hourly Wage? Contact Working Solutions Today!","content":"Is your employer failing to pay you the proper wage for your hours worked? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;FMLA, and&nbsp;retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer failing to pay you the proper wage for your hours worked? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of&hellip;</p>\\n"},{"id":23062,"path":"/blog/subway-restaurant-franchisee-pays-almost-15k-in-damages-following-dol-investigation","slug":"subway-restaurant-franchisee-pays-almost-15k-in-damages-following-dol-investigation","modified":"2023-10-02T17:58:32","title":"Subway Restaurant Franchisee Pays Almost $15K In Damages Following DOL Investigation","content":"An investigation by the U.S. Department of Labor’s Wage and Hour Division has uncovered that NPK Foods Inc., an operator of a Subway restaurant franchise in the Lower East Side, was underpaying and retaliating against their employees. NPK Foods Inc. (NPK) was found to have violated many provisions of the Fair Labor Standards Act (FLSA). They failed to pay their employees the federal minimum wage and overtime pay. They also violated recordkeeping requirements by not paying employees during compensable time, such as training sessions. NPK went one step further by violating the anti-retaliation provisions of the FLSA. They pressured an employee to sign a document falsely stating that there were no threats or issues in their treatment and that their wages were paid in full. After this, the employer told the employee to return all back wage payments to the employer and later they fired that employee.  To resolve their violations, NPK has been ordered&nbsp; to pay their former employees $10,000 in punitive damages and $3,907 in back wages. They are also responsible for paying liquidated damages to 18 employees. This recovery compensates all employees that were denied the required minimum wage and the three employees that had uncompensated overtime.&nbsp; FLSA Requirements&nbsp; \\nFederal minimum wage is currently $7.25 per hour, and in states that have their own minimum wage laws, the employee is entitled to be paid at the higher rate of the two&nbsp; For hours worked over 40 in one workweek, employees must be paid at the rate of one and one-half times their regular pay rate FLSA requires employers to maintain accurate records on wages, hours worked, and other employee information Retaliation against employees who have filed complaints or provided information is prohibited, and the Secretary of Labor may file suit to reinstate the employee or demand payment of lost wages or damages&nbsp;\\n Is your employer not paying your due wages? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>An investigation by the U.S. Department of Labor’s Wage and Hour Division has uncovered that NPK Foods Inc., an operator of a Subway restaurant franchise in the Lower East Side, was underpaying and retaliating against their employees. NPK Foods Inc. (NPK) was found to have violated many provisions of the Fair Labor Standards Act (FLSA).&hellip;</p>\\n"},{"id":23043,"path":"/blog/what-is-a-discretionary-bonus-and-how-is-it-different-from-other-bonuses","slug":"what-is-a-discretionary-bonus-and-how-is-it-different-from-other-bonuses","modified":"2023-09-29T14:38:40","title":"What is a Discretionary Bonus, and How is it Different From Other Bonuses?","content":"A discretionary bonus, as the name implies, is a bonus that is paid at the sole discretion of the employer. This is different from a non-discretionary bonus which is any bonus that is expected to be received by the employee through the successful completion of one’s job. A discretionary bonus is not a bonus which the employee has been told about in advance which they are expecting or relying on as part of their salary. An “employee of the month” bonus, for example, would qualify as a discretionary bonus whereas bonuses based on meeting commission goals would likely be non-discretionary.  Discretionary Bonus Under the FLSA Discretionary bonuses are addressed by the Federal Labor Standards Act (“FLSA”). According to the Department of Labor, a bonus is “discretionary” only if “the employer has the sole discretion, until at or near the end of the period that corresponds to the bonus, to determine whether to pay the bonus; the employer has the sole discretion, until at or near the end of the period that corresponds to the bonus, to determine the amount of the bonus; and the bonus payment is not made according to any prior contract, agreement, or promise causing an employee to expect such payments regularly.” On the other hand, non-discretionary bonuses include “bonuses based on a predetermined formula; bonuses for quality and accuracy of work; bonuses announced to employees to induce them to work more efficiently; attendance bonuses; and safety bonuses (i.e. number of days without safety incidents).”&nbsp;&nbsp; Discretionary Bonuses Are Excludable From Your Regular Rate of Pay, But Non-Discretionary Bonuses Are Not According to the Department of Labor, a key difference between discretionary bonuses and other, non-discretionary bonuses, is that discretionary bonuses are excludable from your regular rate of pay. This means that employers do not have to factor discretionary bonuses into a calculation of your regular rate for purposes of determining your required overtime pay, which is a minimum of 1.5x your regular pay rate under the FLSA. Non-discretionary bonuses, on the other hand, must be calculated into your regular rate of pay on which your minimum overtime pay is based. Discretionary bonuses also cannot count towards overtime compensation under the FLSA. Have You Been Paid Improperly in Violation of the FLSA? Have you been paid improperly in violation of the FLSA? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A discretionary bonus, as the name implies, is a bonus that is paid at the sole discretion of the employer. This is different from a non-discretionary bonus which is any bonus that is expected to be received by the employee through the successful completion of one’s job. A discretionary bonus is not a bonus which&hellip;</p>\\n"},{"id":23047,"path":"/blog/working-solutions-law-firm-a-ny-employment-and-sexual-harassment-law-firm-announces-new-sexual-harassment-action-in-us-district-court-southern-district-of-new-york","slug":"working-solutions-law-firm-a-ny-employment-and-sexual-harassment-law-firm-announces-new-sexual-harassment-action-in-us-district-court-southern-district-of-new-york","modified":"2023-09-29T19:28:24","title":"Working Solutions Law Firm, a NY Employment and Sexual Harassment Law Firm, Announces New Sexual Harassment Action in US District Court Southern District of New York","content":"Working Solutions Law Firm, a team of top-rated attorneys working on employment law including sexual harassment issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, has announced new litigation in the US District Court Southern District of New York. The case is Civil Action No. 1:23-cv-8190, and concerns Ms. Caroline Weeks vs. PointsBet USA. \\n Every worker, no matter what industry, is entitled by law to a fair and harassment-free working environment, remarked Chris Q. Davis, Managing Partner. This case alleges a prominent employee was illegally subjected to sexual harassment at work. Here is background on this litigation. Caroline Weeks accepted a role as Senior Player Development Manager with PointsBet USA in New York in 2022. During her tenure, she allegedly faced pay disparities in comparison to her male colleagues and reported ongoing alleged sexual harassment from her supervisor. Additionally, Ms. Weeks claimed to have experienced inappropriate behavior from current and potential PointsBet clients during company events. Despite her efforts to communicate these issues, she alleges that the company took insufficient actions to address them. Seeking an internal change, she was offered a position of lower stature and pay. By October 2022, citing the alleged ongoing harassment and perceived inadequate response from the company, Ms. Weeks resigned. Its emphasized that these are allegations with legal proceedings pending.&nbsp; Interested persons, including journalists, are encouraged to visit the official court website or reach out to the law firm for comment; attorney Rachel Haskell (https://www.workingsolutionsnyc.com/our-lawyers/rachel-haskell) is lead attorney. Media coverage can be found as well at https://www.dailymail.co.uk/news/article-12553753/points-bet-employee-harrassed-male-clients-paige-sprianac-sued.html and at https://nypost.com/2023/09/23/pointsbet-usa-staffer-caroline-weeks-groped-by-clients-suit/.&nbsp;&nbsp; SEXUAL HARASSMENT Even today, in the MeToo era, sexual harassment can remain a problem, even in the most modern of workplaces. Working Solutions Law Firm, fortunately, offers online information on the basics of the law and sexual harassment at https://www.workingsolutionsnyc.com/for-employees/sexual-harassment. The law firm also offers confidential, no obligation consultations to any person who feels that they may have been subjected to sexual harassment via phone, web meeting, or in person in either New York, NY, or Livingston, NJ. ABOUT WORKING SOLUTIONS LAW FIRM Working Solutions Law Firm is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>&nbsp;Working Solutions Law Firm, a team of top-rated attorneys working on employment law including sexual harassment issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, has announced new litigation in the US District Court Southern District of New York. The case is Civil Action No. 1:23-cv-8190, and concerns Ms. Caroline Weeks vs. PointsBet USA. &#8220;Every&hellip;</p>\\n"},{"id":23051,"path":"/blog/working-solutions-law-firm-announces-new-content-on-unpaid-wages-in-new-york-and-new-jersey","slug":"working-solutions-law-firm-announces-new-content-on-unpaid-wages-in-new-york-and-new-jersey","modified":"2023-09-29T19:25:43","title":"Working Solutions Law Firm Announces New Content on Unpaid Wages in New York and New Jersey","content":"New York, NY  October 1, 2023. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce new content on timely issues concerning unpaid wages and overtime issues. The law firm has an established reputation as one of the top employment law firms in New York and New Jersey. \\n That employees deserve to be paid what is owed to them should be a no brainer, explained Chris Q. Davis, managing partner at the law firm. However, even in this day and age, unscrupulous employers take advantage of workers through illegal non-payment of owed wages and overtime under New York, New Jersey, and/or Federal law. Interested persons can access the newly updated content as follows. at https://www.workingsolutionsnyc.com/blog/new-york-states-weekly-pay-requirement-for-retail-workers-what-workers-need-to-know. That post explains that New York States labor code mandates that certain retail employees, classified as manual workers, be paid weekly rather than the more common biweekly schedule. Although this weekly pay regulation has existed for over a century, only recently can workers litigate against employers for timely wage law infringements. This has led to increased legal actions, where even if wages are eventually paid, employers could be accountable for added costs like attorney fees. A second post at https://www.workingsolutionsnyc.com/blog/not-earning-a-tipped-minimum-wage-in-your-restaurant-contact-working-solutions-today explains that workers who earn tips are subject to tipped minimum wage laws; employees who believe that they may be experience unfair wage practices are encouraged to contact the law firm for a free consultation. And a third post at https://www.workingsolutionsnyc.com/blog/have-you-been-misclassified-by-your-employer-contact-working-solutions-today explains some of the issues regarding the classification or misclassification of employees as contractors, in violation of law.  THE COMPLEXITY OF UNPAID WAGES AND OVERTIME Here is background on this release. Many hourly wage workers in New York City may not be fully aware of the complexities surrounding their rights to minimum wage, overtime pay, and other wage-related benefits. The intricacies of labor laws can often be overwhelming and challenging to understand, particularly for those who arent familiar with legal jargon. While the Internet provides a wealth of information, its not always tailored to individual circumstances and may not be updated with the latest legal changes. Therefore, rather than solely relying on online sources, its advisable for workers to reach out to an employment lawyer in New York City for a free consultation.&nbsp; ABOUT WORKING SOLUTIONS LAW FIRM Working Solutions Law Firm has offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY &#8211; October 1, 2023. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce new content on timely issues concerning &#8220;unpaid wages&#8221; and &#8220;overtime&#8221; issues. The law firm has an established reputation as&hellip;</p>\\n"},{"id":23039,"path":"/blog/have-you-received-your-work-bonus-contact-working-solutions-today-2","slug":"have-you-received-your-work-bonus-contact-working-solutions-today-2","modified":"2023-09-28T15:37:03","title":"Have You Received Your Work Bonus? Contact Working Solutions Today!","content":"Are you missing your promised bonuses from your employer? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;severance, and discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you missing your promised bonuses from your employer? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp;&hellip;</p>\\n"},{"id":23028,"path":"/blog/are-you-facing-unequal-pay-at-work-contact-working-solutions-today","slug":"are-you-facing-unequal-pay-at-work-contact-working-solutions-today","modified":"2023-09-26T14:50:47","title":"Are You Facing Unequal Pay At Work? Contact Working Solutions Today!","content":"Are you facing unequal pay in your workplace? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;harassment, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you facing unequal pay in your workplace? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;harassment, and&nbsp;unpaid wages &amp;&hellip;</p>\\n"},{"id":23018,"path":"/blog/female-professors-sue-vassar-college-over-gender-based-pay-gap","slug":"female-professors-sue-vassar-college-over-gender-based-pay-gap","modified":"2023-09-25T18:36:04","title":"Female Professors Sue Vassar College Over Gender-Based Pay Gap","content":"Vassar College, one of America’s first women’s colleges, has been accused of perpetuating a gender-based pay gap. Founded in 1861 as a women’s-only college that became coeducational in 1969, Vassar has long prided itself on a commitment to equality among the sexes and instilling a culture of diversity and equity on their campus. The class action suit filed by five former and current tenured faculty members includes allegations of unequal pay under the Equal Pay Provision of New York State Labor Law and violations of the NY State Human Rights Law and Title VII through discriminatory practices such as gender-biased performance-evaluation systems and delayed promotions for female professors. The lawsuit has stirred the sentiments of students, many of whom chose to attend Vassar specifically for their promise of dedication toward gender equality. There have been mobilization efforts from students in the form of protests and 35 current and former Vassar professors have signed a letter in support of the suit.  Vassar College Salary Data Confirms Pay Gap The suit’s plaintiffs cite directly from salary data released by Vassar, which shows that the college’s administrators have known about the pay gap for decades. Female professors’ average salary was about 7% less than that of their male counterparts in 2003-04. More recently, in the 2021-22 academic year male professors earned on average 10% more than their female counterparts of the same rank, indicating that this gender-based pay disparity has grown over time. This disparity is most evident among the longest-serving and tenured professors, since the raises are often given as percentage increases but the women hired often start off at lower salaries. According to data published by the American Association of University Professors, female professors in the U.S. earn on average 17.7% less than their male counterparts. Vassar College claims that they have been working on the pay equity issue alongside professors since January of 2019.  Are You Paid Less than Your Male Counterparts? Feel as though you are a victim of gender-based pay discrimination? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including gender-based discrimination and sexual harassment. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Vassar College, one of America’s first women’s colleges, has been accused of perpetuating a gender-based pay gap. Founded in 1861 as a women’s-only college that became coeducational in 1969, Vassar has long prided itself on a commitment to equality among the sexes and instilling a culture of diversity and equity on their campus. The class action&hellip;</p>\\n"},{"id":23011,"path":"/blog/rachel-haskell-of-the-working-solutions-law-firm-defends-victims-rights-in-sexual-harassment-case-against-pointsbet-usa","slug":"rachel-haskell-of-the-working-solutions-law-firm-defends-victims-rights-in-sexual-harassment-case-against-pointsbet-usa","modified":"2023-09-25T18:16:45","title":"Rachel Haskell of the Working Solutions Law Firm Defends Victim’s Rights in Sexual Harassment Case against PointsBet USA","content":"Attorney Rachel Haskell of the Working Solutions Law Firm is representing Caroline Weeks in her claims against PointsBet USA, defending the young woman’s rights to a workplace free of sexual harassment and objectification. The former 25-year-old staffer of the digital sports betting app is suing PointsBet USA for rampant sexual harassment and a toxic work environment that permitted a boys club culture to harass, demean, and objectify Weeks in an otherwise professional setting. The lawsuit cites numerous encounters with PointsBet clients invading Weeks’ personal space and sexually harassing in group settings.  The lawsuit is seeking to recover damages for Weeks who endured months of harassment while an employee of PointsBet USA. The plaintiff left the position after about 10 months, alleging that the company did nothing to stop the ongoing harassment.  Working Solutions Law Firm attorney Rachel Haskell asserted that plaintiffs like Weeks should not have to surrender their rights to be free of sexual harassment. Weeks was hired in January 2022 as a senior player development manager for PointsBet. Off the bat, she was targeted as a young woman in the male-dominated environment with accusations that she got the job due to her looks. Additionally, Weeks experienced verbal as well as attempted physical assault while attending company events. Recent reporting on the case detail more of the specific complaints.  While an employee of PointsBet, Weeks was regularly compared to the pro golfer Paige Spiranac, who capitalizes on a large social media following with salacious photos and sponsored advertisement posts  including for PointsBet. Despite Caroline Weeks having a notable social media following of her own, the lawsuit against PointsBet serves as a reminder that the photos women may upload of themselves online should not be misinterpreted as an invitation for sexual harassment at work.  You can stay up to date on the most recent case filings at the link here.","excerpt":"<p>Attorney Rachel Haskell of the Working Solutions Law Firm is representing Caroline Weeks in her claims against PointsBet USA, defending the young woman’s rights to a workplace free of sexual harassment and objectification. The former 25-year-old staffer of the digital sports betting app is suing PointsBet USA for rampant sexual harassment and a toxic work&hellip;</p>\\n"},{"id":22991,"path":"/blog/can-i-be-age-discriminated-against-for-being-young","slug":"can-i-be-age-discriminated-against-for-being-young","modified":"2023-09-22T22:31:15","title":"Can I Be Age Discriminated Against for Being Young?","content":"While age discrimination is commonly associated with older workers, younger employees can also face age-related bias. Stereotypes, such as those associating younger generations with entitlement, inexperience, and laziness, can hinder career advancement opportunities.  How Do I Know If I Have Experienced Age Discrimination? Several examples of ways in which age may serve as a motivating force for unequal treatment may include: \\nDenial of benefits. Being denied a job during the hiring process because of stated age limits. Intimidating behavior creating a hostile work environment for younger workers.\\n It is not uncommon, for example, for younger executive employees to find themselves terminated and replaced with an older worker who is deemed more “appropriate for the role.  What Protections Are Available for Young Workers? While the problem of age discrimination has been well documented, proving discrimination on the basis of age can be a difficult legal battle.  The laws enforced by the Equal Employment Opportunity Commission (EEOC) prohibit employers from treating job applicants and employees aged forty or older differently or less favorably due to their age. For example, an employer cannot assume that an employee is unsuitable for a job because they are “too old” to complete the task. These regulations extend to protecting older workers from age-related harassment initiated by managers, co-workers, or anyone within the workplace. The Age Discrimination in Employment Act of 1967 (ADEA) makes it illegal for an employer who has 20 or more employees to terminate or otherwise discriminate against a worker over the age of 40 based upon that persons age. It is important to note that employees under the age of forty are not protected from age discrimination under the laws enforced by the EEOC. For this reason, certain states have passed their own local laws safeguarding younger workers against age discrimination.  Age Discrimination And New York Law: What You Need To Know Both New York State and City labor laws include protections against age discrimination for all workers, regardless of age. Employees who sue for age discrimination under New York law are potentially entitled to recover lost wages and benefits.  Contact the Working Solutions Law Firm Today&nbsp;If you have reason to believe that you are a victim of age-based discrimination, contact us today. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>While age discrimination  is commonly associated with older workers, younger employees can also face age-related bias. Stereotypes, such as those associating younger generations with entitlement, inexperience, and laziness, can hinder career advancement opportunities.  How Do I Know If I Have Experienced Age Discrimination? Several examples of ways in which age may serve as a motivating&hellip;</p>\\n"},{"id":22973,"path":"/blog/ten-sweetgreen-employees-sue-over-hostile-work-environment-racist-and-sexist-remarks","slug":"ten-sweetgreen-employees-sue-over-hostile-work-environment-racist-and-sexist-remarks","modified":"2023-09-21T15:14:08","title":"Ten Sweetgreen Employees Sue Over Hostile Work Environment, Racist and Sexist Remarks","content":"In a complaint filed in State Court in the Bronx, ten Sweetgreen employees alleged that they were victims of a hostile work environment permeated by racial and gender-based discrimination from their coworkers.  The Complaint Alleges a Hostile Work Environment at Sweetgreen The plaintiffs, eight female and two male African-American employees who worked at the popular salad chain’s 55th Street and Wall Street locations, allege discriminatory and unlawful treatment by two of their supervisors, Donald Izquierdo and Edwin Ventura. The complaint alleges that Izquierdo and Ventura failed to take steps to remedy the hostile work environment the plaintiffs experienced, and treated plaintiffs unfairly based on their race and gender.  Izquierdo worked as a supervisor, or “Head Coach” in Sweetgreen’s parlance, at the 55th and Park location, while Ventura filled the same role at 67 Wall Street. The Complaint describes persistent use of the N-word used by Hispanic coworkers to describe the plaintiffs, sexual remarks made towards the female plaintiffs regarding their appearance, as well as about female customers in the presence of the female employees, and overall inaction by the supervisors to remedy the situations. The Complaint also alleges that the supervisors, who are Hispanic, gave certain considerations such as the ability to leave early to Hispanic employees and not to the African-American plaintiffs.  In its mission statement, Sweetgreen describes “building healthier communities” and “empowering… team members.” The Department of Labor of New York State outlines how offensive comments based on an individual’s race or sex can underpin a claim of unlawful workplace harassment. In the Complaint, Plaintiffs seek monetary and punitive damages from Sweetgreen for precisely this type of unlawful harassment. What Should You Do if You Are Subjected to a Hostile Work Environment? Have you been a victim of a hostile work environment where you have been discriminated against based on your race, age, sex, or other protected characteristics? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers specialize in many areas of the law, including hostile work environment claims. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In a complaint filed in State Court in the Bronx, ten Sweetgreen employees alleged that they were victims of a hostile work environment permeated by racial and gender-based discrimination from their coworkers.  The Complaint Alleges a Hostile Work Environment at Sweetgreen The plaintiffs, eight female and two male African-American employees who worked at the popular&hellip;</p>\\n"},{"id":22968,"path":"/blog/are-you-facing-age-discrimination-at-work-contact-working-solutions-today","slug":"are-you-facing-age-discrimination-at-work-contact-working-solutions-today","modified":"2023-09-21T14:01:40","title":"Are You Facing Age Discrimination At Work? Contact Working Solutions Today?","content":"Is your employer discriminating against you because of your age? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, retaliation, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer discriminating against you because of your age? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, retaliation,&hellip;</p>\\n"},{"id":22980,"path":"/blog/astrazeneca-age-discrimination","slug":"astrazeneca-age-discrimination","modified":"2023-09-21T17:16:29","title":"AstraZeneca Age Discrimination","content":"A group of former AstraZeneca Pharmaceuticals employees filed a lawsuit against the company alleging “corporate-wide age” and religious discrimination in 2022. However, on Friday, September 8th, an even larger group of plaintiffs set forth a motion to the Delaware federal court system requesting certification to move forward as a class action lawsuit. Their claims outline that AstraZeneca willfully and actively sought to build a younger sales force at the expense of older employees, who were pushed out of their current positions or denied potential job opportunities and compensations. The lawsuit also alleges religious discrimination, accusing AstraZeneca of implementing a COVID-19 vaccine mandate with a calculated precision to systematically eliminate a substantial portion of religiously active employees over the age of 40. The pharmaceutical company allegedly terminated up to 200 of their religiously active employees. The plaintiffs alleged that the defendants have been attempting to cultivate a younger sales force from as far back as 2018. They are now seeking justice and adequate compensation for these discriminatory practices. AstraZeneca has yet to respond to these allegations. The Warning Signs of Age Discrimination in the Workplace It is unlawful for your employer to discriminate against you based solely on your age. The Age Discrimination in Employment Act (ADEA) is a federal law in the United States that prohibits employment discrimination against individuals who are 40 years of age or older. It is important to note however that the ADEA regulations apply only to employers with 20 or more employees. This legislation was enacted in 1967, and was designed to protect older workers from employment discrimination through the means of hirings, promotions, compensations, and/or terminations. It also includes provisions to prevent retaliation from employers against individuals who assert their rights under this legal statute. Examples of how these discriminatory practices manifest in a workplace include younger colleagues being promoted to higher positions on a much quicker timeline, or being significantly better compensated than their older counterparts. In principle, these practices occur by giving preference to younger employees rather than older, with the sole motivation being the age of individuals. Contact the Working Solutions Law Firm Have you been discriminated against based on your age? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A group of former AstraZeneca Pharmaceuticals employees filed a lawsuit against the company alleging “corporate-wide age” and religious discrimination in 2022. However, on Friday, September 8th, an even larger group of plaintiffs set forth a motion to the Delaware federal court system requesting certification to move forward as a class action lawsuit. Their claims outline&hellip;</p>\\n"},{"id":22964,"path":"/blog/new-york-states-weekly-pay-requirement-for-retail-workers-what-workers-need-to-know","slug":"new-york-states-weekly-pay-requirement-for-retail-workers-what-workers-need-to-know","modified":"2023-09-20T21:30:27","title":"New York State’s Weekly Pay Requirement for Retail Workers: What Workers Need to Know","content":"New York State’s labor code requires that certain retail workers be paid on a weekly basis instead of the common biweekly schedule. This payment policy&nbsp; specifically affects those classified as&nbsp; “manual workers,” a term which some argue is outdated and ill-defined in the modern workforce. The recent shift in pay frequency has created challenges for some employers, with worker classification and the application of the law raising several questions.&nbsp; This pay frequency requirement has been in place for over a century, but until recently, workers were not allowed to sue their employers for violating the timely wage law. This ability has led to an increase in litigation, with employees challenging their employers over delayed wage payments. Even if manual workers are eventually paid in full, employers may still be liable for mandatory liquidated damages, attorney fees, and interest. What Does the Term “Manual Worker” Mean? The term “manual worker” in the context of New York’s Labor Code has been updated to be broadly interpreted by the New York State Department of Labor. According to their opinion letters, it includes individuals who spend 25% or more of their working time engaged in physical labor, which can include a wide range of tasks beyond just heavy lifting. This definition may cover&nbsp; employees engaged in activities such as carrying items, stocking shelves, unpacking boxes, and even standing or walking for extended periods of time. While this interpretation extends the weekly pay requirement to various roles in the retail sector, it is important to note that certain professionals and executives who earn&nbsp; at least $900 per&nbsp; week may fall outside of the “manual worker” classification and their associated pay frequency rules. Still, the determination of whether a particular worker qualifies as a manual worker remains dependent on a case by case assessment. One gray area, for example, is the classification of retail store cashiers who have no additional duties such as stocking shelves. In some cases, the New York State Industrial Board of Appeals has ruled that cashiers and customer service employees do not meet the criteria for manual workers.&nbsp; How Often Do Employers Have to Pay Manual Workers?&nbsp; Employers who prefer to pay manual workers on a biweekly basis can seek a waiver from the state, provided they meet specific criteria, including demonstrating the ability to meet payroll responsibilities adequately. However, this is subject to approval. While New York States law on pay frequency is stringent, federal law, under the Fair Labor Standards Act, does not specify such requirements for manual workers and allows for biweekly payments to hourly employees. Contact the Working Solutions Law Firm Today  Are you being paid correctly? If you have reason to believe that your wages are not being paid to you in a timely manner, contact us today. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>New York State’s labor code requires that certain retail workers be paid on a weekly basis instead of the common&nbsp; biweekly schedule. This payment policy&nbsp; specifically affects those classified as&nbsp; “manual workers,” a term which some argue is outdated and ill-defined in the modern workforce. The recent shift in pay frequency has created challenges for&hellip;</p>\\n"},{"id":22959,"path":"/blog/not-earning-a-tipped-minimum-wage-in-your-restaurant-contact-working-solutions-today","slug":"not-earning-a-tipped-minimum-wage-in-your-restaurant-contact-working-solutions-today","modified":"2023-09-19T13:13:11","title":"Not Earning A Tipped Minimum Wage In Your Restaurant? Contact Working Solutions Today!","content":"Are you earning a tipped minimum wage as a server or bartender in your restaurant? If not, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime, harassment, and&nbsp;discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you earning a tipped minimum wage as a server or bartender in your restaurant? If not, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas&hellip;</p>\\n"},{"id":22953,"path":"/blog/servers-win-1-8m-in-judgment-against-chips-family-restaurant","slug":"servers-win-1-8m-in-judgment-against-chips-family-restaurant","modified":"2023-09-18T18:00:03","title":"Servers win $1.8M in Judgment Against Chip’s Family Restaurant","content":"Connecticut Superior Court Judge Cesar Noble awarded a $1.8 million settlement to a class of restaurant servers, ending a six-year-long battle for unpaid wages. The servers at Chip’s Family Restaurants, a small and shrinking chain in Connecticut, were wrongfully paid at the tipped-employee rate rather than the state minimum wage. The minimum wage in Connecticut, $15.00, is higher than the Federal minimum wage of $7.25. There are however provisions for pay rates of employees in positions that customarily receive tips. For hotel and restaurant employees that regularly receive tips, employers are only required to pay $6.38. per hour, while bartenders that receive tips are required to be paid at least $8.23 per hour. In order for employees to receive the lower tipped rate, they must perform service-related job duties during their time spent working. But the servers at Chip’s were regularly assigned non-service duties, in which no tips could be made, all while still being paid at the lower tipped rate.  Minimum Wage Plaintiff Jacqueline Rodriguez, and the class of about 370 servers, alleged that Chip’s did not pay them the full minimum wage of $15.00 during the hours that they spent completing non-service-related tasks. These tasks or duties included setting up the restaurant before it opened, cleaning up the restaurant and removing garbage. The 1.8 million settlement is split as follows: $1.3M for class members, $455,370 for attorney fees, and $15,809 in costs.  Although the Federal minimum wage is $7.25 and the federal tipped-rate is $2.13, each state has the power to set their own standards for wages. In the state of New York the minimum wage rate and the tipped workers’ minimum rate vary by region. Contact Us Today! Feel as though you have not been paid your due wages? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Connecticut Superior Court Judge Cesar Noble awarded a $1.8 million settlement to a class of restaurant servers, ending a six-year-long battle for unpaid wages. The servers at Chip’s Family Restaurants, a small and shrinking chain in Connecticut, were wrongfully paid at the tipped-employee rate rather than the state minimum wage. The minimum wage in Connecticut, $15.00,&hellip;</p>\\n"},{"id":22947,"path":"/blog/are-you-receiving-improper-work-payments-contact-working-solutions-today","slug":"are-you-receiving-improper-work-payments-contact-working-solutions-today","modified":"2023-09-14T13:44:28","title":"Are You Receiving Improper Work Payments? Contact Working Solutions Today!","content":"Have you been improperly paid by your employer, perhaps because you have been misclassified? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;retaliation, and&nbsp;harassment. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been improperly paid by your employer, perhaps because you have been misclassified? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of&hellip;</p>\\n"},{"id":22941,"path":"/blog/how-frequently-is-my-employer-required-to-pay-me","slug":"how-frequently-is-my-employer-required-to-pay-me","modified":"2023-09-13T20:25:51","title":"How Frequently is My Employer Required to Pay Me?","content":"How The FLSA Sets Wages The Federal Labor Standards Act (FLSA) sets a minimum wage of $7.25 per hour and requires that employers pay overtime for hours worked over 40 in a single workweek. It does not, however, specify a required pay frequency, so long as employers keep to a reasonably consistent pay schedule. Undue delays in receiving your paycheck or withholding of your salary are typically FLSA violations. So how often does your employer have to pay you? That varies.  Required Pay Frequency Varies State by State For hourly salaried employees, your required pay frequency varies under state law. The Department of Labor (DOL) has created a helpful table indicating acceptable maximum pay frequencies prescribed by State law in the 50 states, which can be found here on the DOL website. How Often Should I Be Paid in New York and New Jersey? New York law requires a “weekly payday for manual workers. Semi-monthly payday upon approval for manual workers and for clerical and other workers.” In New Jersey, semi-monthly is typical minimum frequency, though there is an exception that allows for monthly payment of “bona fide executive, supervisory and other special classifications of employees.” Has Your Employer Failed to Pay You as Required by Law? Has your employer withheld or delayed your salary in violation of the FLSA, or not failed to pay you with the frequency required by New York or New Jersey state law? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>How The FLSA Sets Wages The Federal Labor Standards Act (FLSA) sets a minimum wage of $7.25 per hour and requires that employers pay overtime for hours worked over 40 in a single workweek. It does not, however, specify a required pay frequency, so long as employers keep to a reasonably consistent pay schedule. Undue&hellip;</p>\\n"},{"id":22937,"path":"/blog/are-you-getting-paid-on-time-contact-working-solutions-today","slug":"are-you-getting-paid-on-time-contact-working-solutions-today","modified":"2023-09-12T13:51:35","title":"Are You Getting Paid On Time? Contact Working Solutions Today?","content":"Have you been receiving late payments from your employer, or have missing payments altogether? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;discrimination, and&nbsp;severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been receiving late payments from your employer, or have missing payments altogether? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of&hellip;</p>\\n"},{"id":22933,"path":"/blog/delivery-driver-for-pharmacy-chain-launches-misclassification-suit","slug":"delivery-driver-for-pharmacy-chain-launches-misclassification-suit","modified":"2023-09-12T13:23:26","title":"Delivery Driver for Pharmacy Chain Launches Misclassification Suit","content":"A former delivery driver for Hayat Pharmacy has filed a lawsuit against the company and its founder, Hashim Zaibak. A chain of local pharmacies with more than 15 locations in Wisconsin, Hayat paid driverswho they classified as independent contractors to make deliveries to customers. The lead plaintiff in the case accused Zaibak of misclassifying his company’s drivers, leading to unfair compensation practices and a lack of overtime pay. Hayat Pharmacy group, on the other hand, has vehemently denied these allegations, referring to plaintiff Omar Hajjat as a disgruntled ex-vendor.&nbsp; Hajjat, who worked for Hayat from September 2016 to January 2019, claims that he routinely worked over 60 hours per week but was never compensated for overtime. If improperly classified, this would be a direct violation of federal labor laws. All employees covered by the Fair Labor Standards Act are to be paid one-and-a-half times their regular rate for hours worked over forty in a week. Moreover, Hajjat&nbsp; insists that he and other drivers were wrongly classified as independent contractors because they had little control over their working conditions and schedules. One key piece of evidence supporting Hajjats claims is that Hayat maintained a strict schedule for him and provided an employee handbook—a practice not typically associated with independent contractors. Hajjat also pointed out that he had no say in his driving assignments, had to clock in and out at work, and was required to wear a uniform with the Hayat name. Labor Protections for Gig Workers The outcome of this lawsuit will undoubtedly have broader implications for the gig economy and the classification of workers as independent contractors. The classification of gig workers as independent contractors rather than employees is a critical issue.&nbsp; According to Brandeis University, independent contractors forfeit essential rights, including minimum wage, overtime pay, a safe work environment, and protection against discrimination and harassment. They also lose access to benefits like unemployment insurance, workers compensation, and paid sick leave—benefits now mandated in many states. Misclassifying gig workers as independent contractors can result in cost savings for businesses, contributing to the precariousness of gig work. Companies may exploit misclassification to gain competitive advantages over those following employment laws, ultimately perpetuating the problem across industries and occupations. Contact the Working Solutions Law Firm Today&nbsp; It is important for employers to properly classify their workers to ensure fair protections and lawful compensation. If you believe that your employer’s practices are infringing on your federal and state labor laws, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A former delivery driver for Hayat Pharmacy has filed a lawsuit against the company and its founder, Hashim Zaibak. A chain of local pharmacies with more than 15 locations in Wisconsin, Hayat paid drivers&#8211;who they classified as independent contractors&#8211; to make deliveries to customers. The lead plaintiff in the case accused Zaibak of misclassifying his&hellip;</p>\\n"},{"id":22929,"path":"/blog/have-you-been-misclassified-by-your-employer-contact-working-solutions-today","slug":"have-you-been-misclassified-by-your-employer-contact-working-solutions-today","modified":"2023-09-07T13:41:46","title":"Have You Been Misclassified By Your Employer? Contact Working Solutions Today?","content":"Have you been misclassified as an independent contractor by your employer? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;discrimination, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been misclassified as an independent contractor by your employer? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid&hellip;</p>\\n"},{"id":22922,"path":"/blog/nyc-emts-win-17-7-million-in-wage-and-hour-lawsuit-against-city","slug":"nyc-emts-win-17-7-million-in-wage-and-hour-lawsuit-against-city","modified":"2023-09-06T21:46:21","title":"NYC EMTs Win $17.7 Million in Wage and Hour Lawsuit Against City","content":"The Second Circuit Court of Appeals has upheld a $17.78 million award for New York City emergency medical technicians (EMTs) who sued the City under the Fair Labor Standards Act (FLSA). Background and Outcome of the Case According to the Department of Labor, the Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. In this case, captioned Perry v City of New York, a class of 2,519 EMTs allege that they were not properly compensated for overtime work, which is work in excess of 40 hours within a single workweek. The FLSA requires that employees receive an overtime rate not less than 1.5 times their normal hourly wage for hours worked beyond 40 in a single week.   The EMTs argued that there was significant work they needed to do, specifically related to preparation of equipment, before and after they could begin their shifts, and that this, among other tasks, forced them to work over 40 hours per workweek on a regular basis to perform their job.  The City argued that, in order to recover the overtime pay, the class of EMTs would have to show that the City knew about the overtime work and knew the workers were not being properly paid for it.  The Court disagreed, holding that the FLSA applies even when the employer did not know but should have known about the overtime work they permitted to be performed for them. As such, the Second Circuit upheld the lower courts award of over $17.7 million to the class. Have You Been Inadequately Compensated for Overtime Work? Do you think you have worked in excess of 40 hours in a workweek and not been compensated in compliance with the FLSA? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The Second Circuit Court of Appeals has upheld a $17.78 million award for New York City emergency medical technicians (EMTs) who sued the City under the Fair Labor Standards Act (FLSA). Background and Outcome of the Case According to the Department of Labor, &#8220;the Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping,&hellip;</p>\\n"},{"id":22913,"path":"/blog/do-you-have-unpaid-overtime-wages-contact-working-solutions-today-2","slug":"do-you-have-unpaid-overtime-wages-contact-working-solutions-today-2","modified":"2023-09-05T14:26:22","title":"Do You Have Unpaid Overtime Wages? Contact Working Solutions Today!","content":"Do you have unpaid overtime wages from your employer? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime, retaliation, and severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have unpaid overtime wages from your employer? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp;&hellip;</p>\\n"},{"id":22917,"path":"/blog/spirit-airlines-prevails-in-fmla-lawsuit-on-medical-leave-policy","slug":"spirit-airlines-prevails-in-fmla-lawsuit-on-medical-leave-policy","modified":"2023-09-05T12:58:36","title":"Spirit Airlines Prevails in FMLA Lawsuit on Medical Leave Policy","content":"A Florida federal judge has dismissed the majority of a proposed class action lawsuit against Spirit Airlines, brought by two flight attendants who claimed that the airline’s medical leave policy violated the Family and Medical Leave Act (FMLA). The judge ruled that the workers failed to show how they were adversely impacted by the company’s policies, leading to a lack of standing to pursue their claims. What is the FMLA? The Family and Medical Leave Act (FMLA) provides eligible employees with certain rights aimed at balancing the demands of work and family responsibilities. Under the FMLA, eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave within a 12-month period for specific reasons, including the birth and care of a newborn, the placement of a child for adoption or foster care, caring for a spouse, child, or parent with a serious health condition, or attending to ones own serious health condition. During this leave, the employees group health benefits must be maintained under the same conditions as if they were actively working.  Why the Judge Overruled the Claims Grace Flannery and Mia Crain, former Spirit flight attendants, contended that Spirit Airlines required them to work more hours than mandated by FMLA before granting them unpaid family or medical leave. The FMLA dictates that airline employees who worked at least 504 hours in the preceding 12 months are eligible for 72 days of unpaid medical or family leave. But the plaintiffs claimed that the airline enforced an unfair policy that demanded 520 hours of work as opposed to the standard of 504 hours. They argued that the airline failed to consider additional hours worked, such as those spent preparing for flights. As a result, the flight attendants alleged that their “requests for intermittent FMLA leave between August 2019 and August 2020 were ignored and/or denied.” However, the court sided with Spirit, agreeing with their argument that Flannery failed to establish a connection between the denial of her leave and a lack of qualifying hours. Similarly, Crain did not prove any injury arising from Spirit’s 520 hour policy compared to the FMLA’s 504 hour policy. As a result of the judge’s ruling, the case has largely dissolved, leaving only Flannery’s retaliation claim intact. According to the initial complaint, Spirit fired Flannery for failing to return to work following a surgery. Spirit has committed violations of the FMLA against Plaintiff by … retaliating against and eventually terminating plaintiff for asserting her rights protected by the FMLA, said Flannery.  As a direct and proximate cause of Spirits FMLA violation, plaintiff suffered and [continues] to suffer damages. Contact the Working Solutions Law Firm Today&nbsp; Labor agreements, FMLA compliance, and worker entitlements can be complex. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A Florida federal judge has dismissed the majority of a proposed class action lawsuit against Spirit Airlines, brought by two flight attendants who claimed that the airline’s medical leave policy violated the Family and Medical Leave Act (FMLA). The judge ruled that the workers failed to show how they were adversely impacted by the company’s&hellip;</p>\\n"},{"id":22906,"path":"/blog/are-you-facing-retaliation-for-taking-fmla-leave-contact-working-solutions-today","slug":"are-you-facing-retaliation-for-taking-fmla-leave-contact-working-solutions-today","modified":"2023-08-31T13:19:13","title":"Are You Facing Retaliation For Taking FMLA Leave? Contact Working Solutions Today!","content":"Is your employer retaliating against you for going out on FMLA leave? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;FMLA, retaliation, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer retaliating against you for going out on FMLA leave? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law,&hellip;</p>\\n"},{"id":22902,"path":"/blog/when-can-you-sue-for-wrongful-termination-in-new-york-2","slug":"when-can-you-sue-for-wrongful-termination-in-new-york-2","modified":"2023-08-31T00:34:39","title":"When Can you Sue for Wrongful Termination in New York?","content":"Most New York employees work “at-will,” which means that their employer can terminate them for any reason or no reason at all. However, even “at-will” employees cannot be dismissed for illegal reasons.&nbsp; Employees that are illegally discharged can file a suit against their employers for wrongful termination. Examples of conduct that may constitute wrongful termination are discrimination, sexual harassment, retaliation, whistleblowing, or violating an employment contract.&nbsp; Discrimination or Sexual Harassment&nbsp; First, firing an employee for discriminatory reasons is illegal under New York State, New York City, and Federal laws.&nbsp; An employer cannot terminate an employee due to their membership in a protected class, i.e. age, disability, pregnancy, race, religion, national origin, gender or sexual orientation.&nbsp; If your employer terminated you because you reported or were subjected to illegal discrimination at your company, then you likely have a strong wrongful termination claim against them.&nbsp; Another situation that indicates wrongful termination is being fired in retaliation for reporting sexual harassment.&nbsp; According to the EEOC, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual manner.&nbsp; Harassment can also encompass offensive comments about a person’s sex, and the harasser and victim can be any sex.&nbsp; If you were subjected to, or reported any of this conduct before your employer fired you in retaliation, you may have sufficient evidence of wrongful termination.&nbsp; Whistleblower Protection Finally, consider whether you were terminated after reporting any conduct that you reasonably believed violated the law at your former company.&nbsp; New York state recently expanded its whistleblower protection laws prohibiting retaliation against employees, former employees, and independent contractors for disclosing or threatening to disclose any conduct they reasonably believed violated a law, rule, regulation, executive order, judicial decision, ruling, or order; or threatened public health or safety.&nbsp; Whistleblowers may be able to recover lost wages and benefits (“back pay”), receive “front pay,” or get reinstated to their former position as damages from a successful wrongful termination claim.&nbsp; Ultimately, you may benefit significantly from consulting an employment attorney if you were dismissed for any of the reasons stated above.&nbsp; You may be able to recover monetary damages, emotional damages, punitive damages, attorney’s fees, or reinstatement with the help of an attorney.&nbsp;&nbsp; Contact the Working Solutions Law Firm Today&nbsp; Has your employer wrongfully terminated you? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Most New York employees work “at-will,” which means that their employer can terminate them for any reason or no reason at all.&nbsp; However, even “at-will” employees cannot be dismissed for illegal reasons.&nbsp; Employees that are illegally discharged can file a suit against their employers for wrongful termination. Examples of conduct that may constitute wrongful termination&hellip;</p>\\n"},{"id":22895,"path":"/blog/how-can-i-obtain-flma-leave","slug":"how-can-i-obtain-flma-leave","modified":"2023-08-30T20:20:43","title":"How Can I Obtain FMLA Leave?","content":"What is the FMLA, and What Are The Criteria for Eligibility? The Family and Medical Leave Act (FMLA), a labor law passed by Congress in 1993, “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave”, per the Department of Labor. What makes you eligible for FMLA leave? The FMLA provides for job-secured leave for the birth and care of the newborn child of an employee, placement with the employee of a child for adoption or foster care, care of an immediate family member with a serious health condition, or medical leave for an employee unable to work because of a serious health condition. To be eligible you must have worked for your employer for at least 12 months, at least 1,250 hours over the past 12 months, and at a location where the company employs 50 or more employees within 75 miles. An FMLA attorney can advise you on your eligibility.   How Can You Request FMLA-Protected Leave? The first step is to notify your employer when you need to leave. Once you’ve done this, your employer has five business days to notify you if you are eligible for FMLA leave, and it is the employer’s responsibility to correctly determine your eligibility. If you are not eligible, your leave is not protected; however, you can request leave again in the future and should note that your eligibility may change. If you are eligible, your employer may choose to request certification. This is verification from your health care provider of the need for protected leave. Certification is done using forms provided by the Department of Labor, which you can find on the Department’s website, and must give to your healthcare provider for completion before returning to your employer.&nbsp;An FMLA attorney can assist you in this process. Once you have completed this process, or if your employer did not choose to request certification, your employer then has five business days to notify you if your leave is designated as FMLA-protected. If not, you may still request leave again in the future. If your leave is FMLA-protected, when you return to work your employer must, under federal law, return you to your same job or a nearly identical job.&nbsp; Contact The Working Solutions Law Firm Today!&nbsp; Do you believe that your employer violated your rights under the FMLA by failing to properly designate your leave as protected, failing to return you to the same or a very similar job after an FMLA-protected leave, or in another way failed to lawfully meet the obligations of the FMLA? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA cases. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>What is the FMLA, and What Are The Criteria for Eligibility? The Family and Medical Leave Act (FMLA), a labor law passed by Congress in 1993, “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and&hellip;</p>\\n"},{"id":22884,"path":"/blog/do-you-have-unpaid-wages-contact-working-solutions-today","slug":"do-you-have-unpaid-wages-contact-working-solutions-today","modified":"2023-08-29T19:54:55","title":"Do You Have Unpaid Wages? Contact Working Solutions Today!","content":"Do you have unpaid wages from your employer? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime,&nbsp;retaliation,&nbsp;and&nbsp;severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have unpaid wages from your employer? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp;&hellip;</p>\\n"},{"id":22877,"path":"/blog/working-solutions-law-firm-announces-new-litigation-concerning-misclassification-of-employees-in-massachusetts","slug":"working-solutions-law-firm-announces-new-litigation-concerning-misclassification-of-employees-in-massachusetts","modified":"2023-08-30T00:02:22","title":"Working Solutions Law Firm Announces New Litigation Concerning Misclassification of Employees in Massachusetts","content":"Working Solutions Law Firm, a team of employment attorneys working on severance, FMLA, and unpaid wages issues in New York, New Jersey, and Massachusetts at https://www.workingsolutionsnyc.com/, is announcing new litigation concerning the misclassification of employees in the Bay State. The case is No. 1:23-cv-11639-IT and can be found at the US District Court District of Massachusetts at https://www.mad.uscourts.gov/.&nbsp;  While this case spotlights the struggles of workers in Massachusetts, its essence underscores the vital importance of ensuring every worker is correctly classified and fully protected under both federal and Massachusetts law, explained Chris Q. Davis, managing partners at the law firm. We stand firm in our pursuit to uphold workers rights, ensuring that no employee is deprived of the rights, privileges, and protections they rightfully deserve.&nbsp; Here is background on the case. This is a collective and class action lawsuit filed by representative Plaintiffs against Amrock LLC on behalf of themselves and others similarly employed. The plaintiffs and others in the suit were employed as residential appraisers and related positions in the U.S., specifically Massachusetts and New Hampshire. Despite being non-exempt employees as per federal and state wage laws, the Complaint alleges that they werent classified as such, leading to a failure in receiving due overtime pay.&nbsp; According to the Complaint, this misclassification violates Rule 23 of the Federal Rules of Civil Procedure and the Fair Labor Standards Act (FLSA). Additionally, the Complaint alleges that Amrock LLC has intentionally infringed upon the FLSA, the Massachusetts Labor Law, and the New Hampshire Minimum Wage Law by not paying for all hours worked and improperly denying overtime compensation. FINDING AN EMPLOYMENT LAWYER IN NEW YORK, NEW JERSEY, AND MASSACHUSETTS New York, New Jersey, and Massachusetts are leaders in both the regional and national economy. Each state prides itself as being worker-friendly and having some of the toughest worker protection laws in the United States. Nonetheless, employers in these states have every incentive to misclassify workers as independent contractors vs. employees. Workers in New York, New Jersey, and Massachusetts who believe that they may be experiencing misclassification are encouraged to visit the law firms information page on employment law at https://www.workingsolutionsnyc.com/for-employees and to reach out for a confidential, no obligation consultation with an employment lawyer. ABOUT WORKING SOLUTIONS LAW FIRM Working Solutions Law Firm is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>&nbsp;Working Solutions Law Firm, a team of employment attorneys working on severance, FMLA, and unpaid wages issues in New York, New Jersey, and Massachusetts at https://www.workingsolutionsnyc.com/, is announcing new litigation concerning the misclassification of employees in the Bay State. The case is No. 1:23-cv-11639-IT and can be found at the US District Court District of&hellip;</p>\\n"},{"id":22873,"path":"/blog/netflixs-love-is-blind-contestants-seek-unpaid-wages-in-class-action","slug":"netflixs-love-is-blind-contestants-seek-unpaid-wages-in-class-action","modified":"2023-08-28T17:26:09","title":"Netflix’s Love is Blind Contestants Seek Unpaid Wages in Class Action","content":"A contestant from the popular Netflix reality series “Love Is Blind” has filed a lawsuit against the streaming platform and the show’s producers, alleging labor law violations such as unpaid wages and inhumane working conditions. The lawsuit, brought by season two cast member Jeremy Hartwell, claims that contestants were paid rates below the Los Angeles minimum wage, and were subjected to sleep deprivation, food and water scarcity, and excessive alcohol consumption during filming. Reality TV Contestants’ Potential Legal Claims&nbsp; This case comes during an ongoing discussion around the classification of workers in the entertainment industry, particularly in reality television. Hartwell’s lawsuit asserts that Love Is Blind participants should not have been classified as independent contractors, since the show’s producers managed the timing, manner, and means of their work. One former contestant noted, “Reality show production and casting companies exert a lot more control over the contestants than the law allows for a worker to truly be considered an independent contractor.” Under California labor laws, this ability to exert a high level of control over a worker qualifies said worker for employee status. According to the Department of Labor, “a worker is entitled to minimum wage and overtime pay protections under the Fair Labor Standards Act (FLSA) when there is an employment relationship between the worker and an employer and there is coverage under the FLSA.” Federal and state laws carry penalties for misclassification.&nbsp; The lawsuit delves further into the unpaid wages owed to employees as a result of misclassification. While employees are owed either a salary or wage from their employers, independent contractors are not. Despite working up to twenty hours per day and seven days a week, the contestants were paid a flat amount of $1,000 per week, amounting to an hourly rate of $7.14 – more than half of Los Angeles’ minimum wage of $15 an hour. The lawsuit seeks to recover unpaid wages for over one hundred participants of the show, in addition to compensation for missed meal breaks and civil penalties for labor code violations. While federal law does not require employers to provide lunch breaks, the State of California–where the show was filmed–does. Contact the Working Solutions Law Firm Today&nbsp; Workers who are treated like employees should be classified and paid as such. If you believe that your employer owes you wages as a result of misclassifying you, contact our firm today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A contestant from the popular&nbsp;Netflix reality series “Love Is Blind” has filed a lawsuit against the streaming platform and the show’s producers, alleging labor law violations such as unpaid wages and inhumane working conditions. The lawsuit, brought by season two cast member Jeremy Hartwell, claims that contestants were paid rates below the Los Angeles minimum&hellip;</p>\\n"},{"id":22882,"path":"/blog/working-solutions-law-firm-a-top-employment-law-firm-in-new-york-and-new-jersey-announces-new-action-on-alleged-misclassification-of-employees-as-contractors","slug":"working-solutions-law-firm-a-top-employment-law-firm-in-new-york-and-new-jersey-announces-new-action-on-alleged-misclassification-of-employees-as-contractors","modified":"2023-08-30T00:02:55","title":"Working Solutions Law Firm, a top Employment Law Firm in New York and New Jersey, Announces New Action on Alleged Misclassification of Employees as Contractors","content":"New York, NY  August 29, 2023. Working Solutions Law Firm, a team of top-rated attorneys working on employment, severance, and unpaid wages and overtime law in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce new litigation based on the alleged misclassification of employees as contractors. The lawsuit is filed in the US District Court, Southern District of New York and can be found on that website (https://www.nysd.uscourts.gov/) as Case No. 1:23-cv-6520.  Every worker deserves to be recognized and compensated fairly under the law, and this lawsuit underscores the pivotal importance of appropriately classifying workers as employees, not contractors, remarked Chris Q. Davis, Managing Partner. Its not just about compensation—its about upholding the integrity of our employment system and ensuring the rights of workers are protected. Here is background on this litigation. Plaintiffs accuse the Defendants of several unlawful practices including misclassifying delivery drivers as independent contractors, not paying overtime for hours worked over 40 in a workweek, unlawful deductions for business expenses, illegally withholding tips, and recordkeeping and notice violations against federal and state laws. Plaintiffs claim violations under the Fair Labor Standards Act (FLSA) and the Federal Rule of Civil Procedure 23. Their violations under the New York Labor Law (NYLL) include unpaid overtime, unlawful wage deductions, withholding of gratuities, failure to provide wage notices during hiring, inaccurate wage statements on payday, and improper recordkeeping. MISCLASSIFICATION ISSUES: EMPLOYEES VS. CONTRACTORS Misclassifying workers as outside contractors (often referred to as independent contractors) rather than employees can offer employers various financial and regulatory advantages. Its important to note that while there may be legitimate reasons to classify workers as independent contractors based on the nature of their work and their relationship with the employer, intentionally misclassifying workers to evade responsibilities is illegal and unethical. Employees and contracts have rights under New York and Federal Laws. Any person who feels that they are being misclassified, or denied their rights such as the right to overtime pay, FMLA leave, non-discrimination, wrongful termination, etc., is encouraged to visit the law firms information page on employment law at https://www.workingsolutionsnyc.com/for-employees or reach out for a confidential, no obligation and no cost consultation with an employment lawyer.&nbsp; ABOUT WORKING SOLUTIONS LAW FIRM Working Solutions Law Firm is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY &#8211; August 29, 2023. Working Solutions Law Firm, a team of top-rated attorneys working on employment, severance, and unpaid wages and overtime law in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce new litigation based on the alleged misclassification of employees as contractors. The lawsuit is filed in the&hellip;</p>\\n"},{"id":22870,"path":"/blog/when-can-you-sue-for-wrongful-termination-in-new-york","slug":"when-can-you-sue-for-wrongful-termination-in-new-york","modified":"2023-08-25T15:45:58","title":"When Can you Sue for Wrongful Termination in New York?","content":"Most New York employees work “at-will,” which means that their employer can terminate them for any reason or no reason at all. However, even “at-will” employees cannot be dismissed for illegal reasons. Employees that are illegally discharged can file a suit against their employers for wrongful termination. Examples of conduct that may constitute wrongful termination are discrimination, sexual harassment, retaliation, whistleblowing, or violating an employment contract.  Discrimination or Sexual Harassment  First, firing an employee for discriminatory reasons is illegal under New York State, New York City, and Federal laws.&nbsp; An employer cannot terminate an employee due to their membership in a protected class, i.e. age, disability, pregnancy, race, religion, national origin, gender or sexual orientation.&nbsp; If your employer terminated you because you reported or were subjected to illegal discrimination at your company, then you likely have a strong wrongful termination claim against them.&nbsp; Another situation that indicates wrongful termination is being fired in retaliation for reporting sexual harassment.&nbsp; According to the EEOC, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual manner.&nbsp; Harassment can also encompass offensive comments about a person’s sex, and the harasser and victim can be any sex.&nbsp; If you were subjected to, or reported any of this conduct before your employer fired you in retaliation, you may have sufficient evidence of wrongful termination.&nbsp; Whistleblower Protection Finally, consider whether you were terminated after reporting any conduct that you reasonably believed violated the law at your former company.&nbsp; New York state recently expanded its whistleblower protection laws prohibiting retaliation against employees, former employees, and independent contractors for disclosing or threatening to disclose any conduct they reasonably believed violated a law, rule, regulation, executive order, judicial decision, ruling, or order; or threatened public health or safety.&nbsp; Whistleblowers may be able to recover lost wages and benefits (“back pay”), receive “front pay,” or get reinstated to their former position as damages from a successful wrongful termination claim.&nbsp; Ultimately, you may benefit significantly from consulting an employment attorney if you were dismissed for any of the reasons stated above.&nbsp; You may be able to recover monetary damages, emotional damages, punitive damages, attorney’s fees, or reinstatement with the help of an attorney.&nbsp;&nbsp; Contact the Working Solutions Law Firm Today&nbsp; Has your employer wrongfully terminated you? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Most New York employees work “at-will,” which means that their employer can terminate them for any reason or no reason at all.  However, even “at-will” employees cannot be dismissed for illegal reasons.  Employees that are illegally discharged can file a suit against their employers for wrongful termination. Examples of conduct that may constitute wrongful termination&hellip;</p>\\n"},{"id":22866,"path":"/blog/have-you-been-wrongfully-terminated-contact-working-solutions-today","slug":"have-you-been-wrongfully-terminated-contact-working-solutions-today","modified":"2023-08-24T13:36:38","title":"Have You Been Wrongfully Terminated? Contact Working Solutions Today!","content":"Have you been wrongfully terminated by your employer? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;retaliation,&nbsp;discrimination, and severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been wrongfully terminated by your employer? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;retaliation,&nbsp;discrimination, and severance. Whatever&hellip;</p>\\n"},{"id":22862,"path":"/blog/christopher-davis-recognized-as-a-2024-best-lawyers","slug":"christopher-davis-recognized-as-a-2024-best-lawyers","modified":"2023-08-22T20:44:04","title":"Christopher Davis Recognized as a 2024 Best Lawyers!","content":"The Working Solutions Law Firm is proud to announce that our Managing Partner Christopher Q. Davis has been named one of 2024’s Best Lawyers in America! The award recognizes the top 6% of practicing attorneys nationwide.  Christopher Q. Davis specializes in employment law with a particular focus on FMLA, unpaid wages, misclassification, and severance negotiations. The Working Solutions Law Firm represents both employees and employers in their legal matters.  In the past year, the Working Solutions Law Firm has led major cases in industries such as real estate, the financial industry, and retail. With a commitment to our clients, we review every case that calls our office with focus and expertise.  If you have an employment legal claim, contact the Working Solutions Law Firm for a free case evaluation. Call us at (646) 430-7930 or submit a claim online by visiting our website. Speak with one of our representatives and receive experienced counsel today.","excerpt":"<p>The Working Solutions Law Firm is proud to announce that our Managing Partner Christopher Q. Davis has been named one of 2024’s Best Lawyers in America! The award recognizes the top 6% of practicing attorneys nationwide.  Christopher Q. Davis specializes in employment law with a particular focus on FMLA, unpaid wages, misclassification, and severance negotiations.&hellip;</p>\\n"},{"id":22852,"path":"/blog/were-you-laid-off-without-any-warning","slug":"were-you-laid-off-without-any-warning","modified":"2023-08-22T14:18:44","title":"Were You Laid Off Without Any Warning? Contact Working Solutions Today!","content":"Have you been laid off from work without any prior warning from your employer? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;severance, and harassment. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been laid off from work without any prior warning from your employer? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of&hellip;</p>\\n"},{"id":22847,"path":"/blog/lawsuit-against-edward-jones-continues-allegations-of-gender-pay-disparity-and-unequal-treatment","slug":"lawsuit-against-edward-jones-continues-allegations-of-gender-pay-disparity-and-unequal-treatment","modified":"2023-08-21T14:14:03","title":"Lawsuit Against Edward Jones Continues: Allegations of Gender Pay Disparity and Unequal Treatment","content":"A former employee of investment firm Edward Jones accused the company of paying female remote workers less than their male counterparts in a lawsuit. An Illinois federal judge gave the lawsuit, brought by financial advisor Blair Zigler, the green light to proceed. The ruling came after Edward Jones sought to dismiss Zigler’s claims under Title VII of the Civil Rights Act, the Equal Pay Act, and state law. Zigler’s lawsuit,filed in September 2022, aims to represent over 100 female Edward Jones remote employees across the nation for gender bias claims. The lawsuit seeks to recover $5 million of lost wages. Her claims include unequal compensation, and a lack of opportunities for advancement, which she asserts were reported to more senior employees on multiple occasions.  U.S. District Judge Elaine E. Bucklo partially denied Edward Jones’ attempt to dismiss the claims, stating that there was sufficient evidence to substantiate Zigler’s&nbsp; assertions of disparate treatment. Specifically, the judge acknowledged Zigler’s claim of a “pattern or practice” of discrimination. Zigler claimed that up to two percent of Edward Jones’ associates were paid unequally based on a protected characteristic, indicating a potential systematic issue.&nbsp; While Judge Bucklo did dismiss some claims, such as Zigler’s personal allegation that she was paid less than her male counterparts while serving as a team leader as well as her disparate impact claims, the core allegations of gender pay disparity and unequal treatment were upheld. A 2021 audit of the company revealed unequal compensation at Edward Jones, which Judge Bucklo considered substantial evidence.&nbsp; This is not the first lawsuit detailing Edward Jones’s alleged practices generating structural pay inequity. In March of 2021, the company settled a racial discrimination lawsuit for $34 million after their internal policies were accused of discriminating against their Black financial advisors. Contact the Working Solutions Law Firm Today&nbsp; Workplace equality means&nbsp; addressing gender pay disparities. If you believe that your employer’s compensation practices are unfair, contact our firm today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;","excerpt":"<p>A former employee of investment firm Edward Jones accused the company of paying female remote workers less than their male counterparts in a lawsuit. An Illinois federal judge gave the lawsuit, brought by financial advisor Blair Zigler, the green light to proceed. The ruling came after Edward Jones sought to dismiss Zigler’s claims under Title&hellip;</p>\\n"},{"id":22841,"path":"/blog/earning-less-than-your-male-colleagues-contact-working-solutions-today","slug":"earning-less-than-your-male-colleagues-contact-working-solutions-today","modified":"2023-08-17T14:56:42","title":"Earning Less Than Your Male Colleagues? Contact Working Solutions Today!","content":"Are you earning less than your male colleagues at work? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;retaliation, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you earning less than your male colleagues at work? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;retaliation, and&hellip;</p>\\n"},{"id":22837,"path":"/blog/should-i-hire-a-lawyer-to-review-my-non-compete-agreement","slug":"should-i-hire-a-lawyer-to-review-my-non-compete-agreement","modified":"2023-08-15T18:44:33","title":"Should I hire a lawyer to review my non-compete agreement?","content":"Non-compete agreements are often exercised in competitive, innovative industries like the financial sector, Big Tech, and even the start-up space. Employers who use non-competes may be concerned about the sharing of proprietary information or other trade secrets valuable to their brands. Non-compete agreements restrict workers from seeking employment with rival businesses and can prevent individuals from creating a competitor themselves for a defined period of time. But what qualifies as a competitor in a competitive industry?  The terms of non-compete agreements are often written in broad strokes, which can significantly limit a worker’s future job opportunities. And violating these agreements can be consequential. Before you sign a non-compete agreement, whether it is included in a severance package or an employment contract, it is recommended to have an attorney review the document to help decipher what your employer’s terms could mean for you.  Qualified attorneys at the Working Solutions Law Firm are available to review employment contracts including separation agreements, severance packages, and onboarding materials. Speak with someone who knows the complicated landscape of employment law and can lead you through it to a solution that works for you. For non-compete agreement attorneys like us, that’s the goal.  Contact the Working Solutions Law Firm Today for a Free Case Evaluation  Have an employment contract you think might include a non-compete clause? Have an attorney walk you through what you’re signing. Visit us on our website or call us at (646) 430-7930 to speak with one of our representatives today.","excerpt":"<p>Non-compete agreements are often exercised in competitive, innovative industries like the financial sector, Big Tech, and even the start-up space. Employers who use non-competes may be concerned about the sharing of proprietary information or other trade secrets valuable to their brands. Non-compete agreements restrict workers from seeking employment with rival businesses and can prevent individuals&hellip;</p>\\n"},{"id":22833,"path":"/blog/have-you-received-your-work-bonus-contact-working-solutions-today","slug":"have-you-received-your-work-bonus-contact-working-solutions-today","modified":"2023-08-15T13:30:29","title":"Have You Received Your Work Bonus? Contact Working Solutions Today!","content":"Have you been promised a bonus in your workplace but never received it? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&nbsp;severance, and discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been promised a bonus in your workplace but never received it? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the&hellip;</p>\\n"},{"id":22830,"path":"/blog/geico-agents-misclassified-as-independent-contractors-class-action-lawsuit-says","slug":"geico-agents-misclassified-as-independent-contractors-class-action-lawsuit-says","modified":"2023-08-11T20:17:48","title":"Geico Agents Misclassified as Independent Contractors, Class-Action Lawsuit Says","content":"Geico, the insurance company, is facing a class-action lawsuit in Ohio federal court, wherein plaintiff James Moyer claims that the company has wrongfully misclassified its agents as independent contractors instead of employees. The suit, filed on February 9, 2023, asserts that this misclassification has led to the improper denial of various employee benefits to Geicos agents including overtime pay and a guaranteed minimum wage. Independent Contractors vs. Employees: What are the Differences? There is no single rule for determining whether a worker is an employee or independent contractor. According to the Department of Labor (DOL), some relevant factors to consider include:  \\nThe extent to which the services rendered are an integral part of the principals business. The permanency of the relationship. The amount of the alleged contractors investment in facilities and equipment. The nature and degree of control by the principal. The alleged contractors opportunities for profit and loss. The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor. The degree of independent business organization and operation.\\n Employers usually have more financial responsibility owed to their employees. According to the IRS, employers generally do not have to pay or withhold taxes on their payments to independent contractors. In contrast, workers reported as employees require income, Medicare, and social security taxes to be withheld from their wages. Employers must also provide their matching portion of social security and Medicare taxes, in addition to an unemployment tax. Employees are also entitled to minimum wage and overtime pay protections under federal labor laws. The Geico Case Lead plaintiff Moyer joined Geico in 2007 as an insurance agent. In the lawsuit, he contends that despite being labeled as independent contractors, the agents function more like employees due to the substantial control exerted by the company over their roles and responsibilities. The lawsuit delves into the distinction between captive insurance agents and independent insurance agents. Moyer argues that Geicos agents, classified as captives, should be entitled to employee benefits due to the extent of control and oversight Geico has over their work. Captive agents are those who exclusively sell insurance products for one company, in contrast to independent agents who are authorized to represent multiple companies. Central to the case is the assertion that Geico agents should be recognized as employees under the Employee Retirement Income Security Act (ERISA). This is because the company provides captive agents the option to participate in employee health and life insurance benefits. The lawsuit argues that this qualifies the agents as participants under ERISA, consequently warranting the protection and benefits that employees typically receive under the act. Moyers lawsuit aims for Geico to reclassify captive agents as employees and granting them the associated benefits that have allegedly been withheld, in addition to an injunction to prevent Geico from continuing the alleged misclassification of captive agents. This case is not the first time Geico has found itself in a legal battle. An Illinois federal judge recently ruled against the company in a class action lawsuit that accused Geico of charging excessive premiums during the COVID-19 pandemic. The outcome of this current case could potentially impact not only Geicos agents but also similar cases within the broader gig economy where worker classification remains a contentious issue. Contact the Working Solutions Law Firm Today&nbsp; It is important for employers to properly classify their workers to ensure fair protections and lawful compensation. If you believe that your employer’s practices are infringing on your federal and state labor laws, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;","excerpt":"<p>Geico, the insurance company, is facing a class-action lawsuit in Ohio federal court, wherein plaintiff James Moyer claims that the company has wrongfully misclassified its agents as independent contractors instead of employees. The suit, filed on February 9, 2023, asserts that this misclassification has led to the improper denial of various employee benefits to Geico&#8217;s&hellip;</p>\\n"},{"id":22807,"path":"/blog/experiencing-unequal-pay-at-work-contact-working-solutions-today","slug":"experiencing-unequal-pay-at-work-contact-working-solutions-today","modified":"2023-08-10T14:42:24","title":"Experiencing Unequal Pay At Work? Contact Working Solutions Today!","content":"Are you experiencing unequal pay at work? If so, contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including discrimination, unpaid wages &amp; overtime, and severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you experiencing unequal pay at work? If so, contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including discrimination, unpaid wages &amp; overtime, and&hellip;</p>\\n"},{"id":22815,"path":"/blog/media-company-sued-for-unequal-pay-racial-discrimination-sexual-harassment","slug":"media-company-sued-for-unequal-pay-racial-discrimination-sexual-harassment","modified":"2023-08-10T15:45:18","title":"Media Company Sued for Unequal Pay, Racial Discrimination, &amp; Sexual Harassment","content":"A former employee of Everyrealm, an immersive media company, filed an opposition to the company’s motion to dismiss his suit for racial discrimination, sexual harassment, unequal pay, intentional infliction of emotional distress, and retaliation. The employee, Teyo Johson, is also a former NFL tight end. He claims that the company’s actions violated New York City, New York state and federal human rights and labor laws. His opposition pushes back against Everyrealm’s claim that his complaint is a “a wholesale fiction composed of either outright lies or assertions that have been twisted beyond recognition.” Everyrealm hired Johnson to serve as its director of strategic partnerships to manage the company’s celebrity relationships and cultivate new brand partnerships. Throughout his time in this position, Johnson claims that Everyrealm’s CEO made frequent threats to “trade” him, comments about his tardiness and how “expensive” he was, and criticisms about his intelligence, qualifications, and work ethic. While Everyrealm’s CEO claims that the comments were “facially neutral” and unrelated to Johnson’s race, Johnson alleges that the statements were grounded in common racial stereotypes.  Johnson also learned that he was the lowest paid director in Everyrealm’s history and that white directors in similar positions were paid hundreds of thousands of dollars more than him. Johnson claims that a white 23-year old director at the company was paid a higher base salary than him. He also claims that Everyrealm’s CEO subjected him and other employees to “unrelenting” sexual harassment, creating a toxic and hostile work culture.  Unequal Pay Based on Race  Several federal laws prohibit pay discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, and genetic information. Title VII of the Civil Rights Act of 1964 is the most relevant federal law in this case as it bans employment discrimination on the basis of race, including pay discrimination. Under federal law, all forms of pay are covered, including salary, overtime pay, bonuses, vacation and holiday pay, insurance, use of company vehicles, and benefits. Contact the Working Solutions Law Firm Today&nbsp; Have you been the victim of pay discrimination? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former employee of Everyrealm, an immersive media company, filed an opposition to the company’s motion to dismiss his suit for racial discrimination, sexual harassment, unequal pay, intentional infliction of emotional distress, and retaliation. The employee, Teyo Johson, is also a former NFL tight end.  He claims that the company’s actions violated New York City,&hellip;</p>\\n"},{"id":22804,"path":"/blog/have-questions-about-your-non-compete-agreement-contact-working-solutions-today","slug":"have-questions-about-your-non-compete-agreement-contact-working-solutions-today","modified":"2023-08-08T17:18:58","title":"Have Questions About Your Non-Compete Agreement? Contact Working Solutions Today!","content":"Do you have questions about your non-compete agreement? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including non-compete agreements,&nbsp;discrimination, severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about your non-compete agreement? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including non-compete agreements,&nbsp;discrimination, severance.&hellip;</p>\\n"},{"id":22810,"path":"/blog/spacex-faces-class-action-lawsuit-alleging-wage-and-break-violations","slug":"spacex-faces-class-action-lawsuit-alleging-wage-and-break-violations","modified":"2023-08-07T16:46:49","title":"SpaceX Faces Class Action Lawsuit Alleging Wage and Break Violations","content":"A SpaceX employee has initiated a class action wage violation lawsuit against the company, alleging that its employees were denied proper rest and meal breaks, pressured to perform unpaid tasks, and subject to violations of California’s wage and overtime laws.  Juan Padilla, a non-exempt employee, worked at the company from January to September 2022. “Non-exempt” refers to an employment classification under the Fair Labor Standards Act (FLSA) in the United States. Employees like Padilla who are classified as non-exempt are typically entitled to certain labor protections, including the right to receive overtime pay for hours worked beyond a standard 40-hour workweek. Non-exempt employees are eligible for overtime pay at a rate of at least one and a half times their regular hourly wage for each hour worked over 40 hours in a workweek. Padilla seeks to represent a class of SpaceX employees in California who worked at the company from approximately four-and-a-half years ago up until the notice is sent to the class. Filed in Los Angeles trial court, the complaint alleges that SpaceX frequently compelled workers to skip legally mandated meal and rest breaks, coerced them into working off-the-clock without compensation, and failed to maintain accurate records of hours worked. The complaint notes that “calculation of the true wage entitlement for Plaintiff and the Class is difficult and time-consuming. As a result of this unlawful burden, Plaintiff and the Class were also injured as a result of having to bring this action to attempt to obtain correct wage information following Defendants’ refusal to comply with many of the mandates of California’s Labor Code and related laws and regulations.” This is not the first time SpaceX has faced such allegations. In 2017, the company settled a $3.9 million lawsuit involving 4,100 workers who claimed they were underpaid. The previous suit contended that SpaceX supervisors imposed work schedules that prevented legally required rest and meal breaks, and the employees were not compensated for the time they spent working instead of eating. Contact the Working Solutions Law Firm Today!  Have you experienced coercion from your employer to work hours that are unrecorded and unpaid? Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A SpaceX employee has initiated a class action wage violation lawsuit against the company, alleging that its employees were denied proper rest and meal breaks, pressured to perform unpaid tasks, and subject to violations of California’s wage and overtime laws.  Juan Padilla, a non-exempt employee, worked at the company from January to September 2022. “Non-exempt” refers&hellip;</p>\\n"},{"id":22785,"path":"/blog/are-you-missing-out-on-your-work-breaks-contact-working-solutions-today","slug":"are-you-missing-out-on-your-work-breaks-contact-working-solutions-today","modified":"2023-08-03T22:06:45","title":"Are You Missing Out On Your Work Breaks? Contact Working Solutions Today!","content":"Are you missing out taking your breaks in your workplace? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime, discrimination, and&nbsp;retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you missing out taking your breaks in your workplace? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid&hellip;</p>\\n"},{"id":22800,"path":"/blog/employee-break-rights-at-work","slug":"employee-break-rights-at-work","modified":"2023-08-03T19:13:55","title":"Employee Break Rights At Work","content":"Business people taking a break in the office, alarm clock with sticky note in the foreground Although the FLSA does not require employers to provide meal periods or rest breaks for employees, many employers do provide their employees with breaks. Rest breaks of short duration, usually less than 20 minutes, are considered hours worked under the FLSA and are included when determining if overtime was worked. In these short periods of time the employee is allowed to be away from the worksite for any reason, such as to smoke, use a restroom, complete a personal phone call or visit, or to get coffee. Meal periods, typically lasting at least 30 minutes, are not counted toward work time or compensable since the employee must be completely relived from duty to eat regular meals. If an employee is asked to work through their break, they must be compensated for it. Even time that is automatically deducted for daily breaks must be reimbursed if an employee is asked to work through them. Some states have their own laws around break requirements. State requirements will prevail over the lack of instruction by the FLSA. If an employee is subject to both the FLSA and state labor laws, they are entitled to the most beneficial provisions of each law.  New York&nbsp; Under New York Labor Law, employers in NY State must provide all employees time off for meals after working a certain number of hours. Here are the basic guidelines for meal periods:&nbsp; \\nEmployees working six or more hours are allowed at least 30 minutes&nbsp; Employees that work a shift starting before 11am and continuing beyond 7pm are entitled to a 30 minute break for lunch and an additional meal period of at least 20 minutes between 5pm and 7pm&nbsp; Employees in or in connection with a factory are allowed at least 60 minutes&nbsp;\\n *More details can be found on Guidelines for Meal Periods, NY State Senate website, and on the New York State Department of Labor website. The NYLL does not require employers to provide short rest breaks of less than 20 minutes. However, if an employer allows employees to take short breaks (less than 20 minutes) those breaks must be paid and included in determining hours worked.&nbsp; New Jersey&nbsp; New Jersey State Labor Laws do not require employers to provide breaks, including lunch breaks. If an employer chooses to provide a break lasting over 20 minutes, it is unpaid so long as the employee is free to leave the worksite and does not perform work. If an employer chooses to allow short breaks of under 20 minutes, it must be paid per the FLSA.&nbsp; Contact the Working Solutions Law Firm Unsure if you have unpaid hours? Seek legal assistance today from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Although the FLSA does not require employers to provide meal periods or rest breaks for employees, many employers do provide their employees with breaks. Rest breaks of short duration, usually less than 20 minutes, are considered hours worked under the FLSA and are included when determining if overtime was worked. In these short periods of&hellip;</p>\\n"},{"id":22797,"path":"/blog/hospital-staff-forced-to-work-through-meal-breaks","slug":"hospital-staff-forced-to-work-through-meal-breaks","modified":"2023-08-10T20:58:46","title":"Hospital Staff Forced to Work Through Meal Breaks","content":"A class action lawsuit has been filed against the University of Pittsburgh Medical Center (UPMC) for allegedly forcing patient-facing staff to work through their meal breaks without overtime compensation. A former patient-care technician, Shayla McKinley, at a UPMC hospital in Pittsburgh brought the suit, claiming that the hospital required her and her colleagues to regularly miss their 30-minute unpaid meal breaks. She says that she either never stopped her typical responsibilities until the end of the day, or her breaks were continuously interrupted with other tasks. She claims that she and her colleagues worked 12 to 18 hour shifts six days per week, amounting to more than forty hours of weekly work, but they never received overtime compensation.  UPMC asked employees to record their time worked in the company’s time lock system. However, the complaint alleges that UPMC had a “common policy and practice of automatically deducting time” from McKinley and her colleagues’ recorded hours worked. In fact, McKinley claims that UPMC automatically deducted 30 minutes a day from the class members’ recorded hours worked regardless of whether employees took their meal break.  UPMC characterizes itself as “a world-renowned health care provider … [that] operates 40 hospitals and more than 700 doctors’ offices and outpatient centers … throughout western and central Pennsylvania, Maryland, New York, and around the globe.” The organization’s lawyer denies the allegations.  The Pennsylvania Minimum Wage Act  McKinley argues that the hospital’s actions violated the Pennsylvania Minimum Wage Act. The Pennsylvania Minimum Wage Act (PMWA) establishes a minimum wage rate of $7.25 per hour and an overtime compensation rate of time and one-half a worker’s regular hourly pay after forty hours worked in a week. The PMWA applies to all Pennsylvania workers, even if work is performed in a different state. Citing the PMWA violation, McKinley brought the class action on behalf of “all hourly, nonexempt UPMC employees in Pennsylvania whose pay was deducted to reflect meal breaks in the past three years.” McKinley demands that UPMC provide unpaid straight time, overtime wages, and liquidated damages to the class.  Seek Legal Assistance Today&nbsp; Has your employer failed to provide you with overtime pay? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A class action lawsuit has been filed against the University of Pittsburgh Medical Center (UPMC) for allegedly forcing patient-facing staff to work through their meal breaks without overtime compensation.  A former patient-care technician, Shayla McKinley, at a UPMC hospital in Pittsburgh brought the suit, claiming  that the hospital required her and her colleagues to regularly&hellip;</p>\\n"},{"id":22782,"path":"/blog/do-you-have-questions-about-fmla-contact-working-solutions-today-4","slug":"do-you-have-questions-about-fmla-contact-working-solutions-today-4","modified":"2023-08-01T20:13:09","title":"Do You Have Questions About FMLA? Contact Working Solutions Today!","content":"Do you have questions about the Family Medical Leave Act (FMLA)? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including FMLA, discrimination,&nbsp;severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about the Family Medical Leave Act (FMLA)? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&hellip;</p>\\n"},{"id":22788,"path":"/blog/fmla-reform","slug":"fmla-reform","modified":"2023-08-01T18:01:33","title":"FMLA Reform","content":"What is FMLA?  &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The FMLA stands for the Family Medical Leave Act. It is a federal law that gives workers the right to take up to 12 weeks of unpaid, job-protected leave to tend to their own health needs, care for a newborn/adopted child, or care for a seriously ill/injured family member. This legal statute also entitles specific employees to take up to 26 weeks of paid leave to care for a family member who was injured during military service.&nbsp; It is important to note that the start date of your 12 week FMLA leave can vary depending on your employer. Your employer has the right to use the calendar year which means that your 12 weeks of paid-leave would renew on January 1st each year, or a fiscal year calendar which means your 12 weeks would reset on the date in which you were originally hired. Recently, however, legislators have been calling for this thirty year old legislations immediate expansion and reform as a result of an apparent loophole. What is the FMLA loophole? In accordance with current law, FMLA applies to all worksites with at least 50 employees within a 75-mile radius. This means that if an employer has multiple worksites with fewer than 50 employees each, and each one is located outside the 75-mile radius as outlined in the FMLA, they would not have to comply with the law. The 29 C.F.R. §825.111 demonstrates this by stating that a worksite can be a single location or a group of contiguous locations, while the offices of each employer are considered to be separate sites of employment. Typically, an employees worksite under FMLA is a location where they report to work when it is assigned. However, it is worth noting that this potential FMLA loophole does not apply to remote workers. The 29 C.F.R. §825.111 outlines this by stating that remote employees personal residences are not considered worksites.This issue is being addressed by several Democratic legislators from both the House of Representatives and Senate. On February 1, 2023, Congresswoman De Lauro (D-CT) and Senator Gillibrand (D-NY) held a press conference to announce a legislative package, the family act) to establish not only a new sick paid family and medical leave program, but to all expand and modernize the 30-year-old FMLA. \\n Contact the Working Solutions Law Firm Have you been denied access to FMLA? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>What is FMLA? &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The FMLA stands for the Family Medical Leave Act. It is a federal law that gives workers the right to take up to 12 weeks of unpaid, job-protected leave to tend to their own health needs, care for a newborn/adopted child, or care for a seriously ill/injured family member. This legal statute&hellip;</p>\\n"},{"id":22768,"path":"/blog/working-solutions-law-firm-announces-new-content-updates-to-fmla-severance-and-unpaid-wages-for-ny-nj-residents","slug":"working-solutions-law-firm-announces-new-content-updates-to-fmla-severance-and-unpaid-wages-for-ny-nj-residents","modified":"2023-07-31T20:34:15","title":"Working Solutions Law Firm Announces New Content Updates to FMLA, Severance, and Unpaid Wages for NY &amp; NJ Residents","content":"July 31, 2023  New York, NY. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce new content on three key terms: FMLA, severance, and unpaid wages. These touchstone terms help employees identify lawyers who might help them during potential issues.  The Internet is often the first place persons go who may have legal issues with FMLA, severance packages, and/or unpaid wages and overtime issues, explained Chris Q. Davis, managing partner at the law firm. Our new content updates present the basics and advise on the next best step, which is to reach out to an employment lawyer who can assess the facts and the law. Interested persons can access the newly updated content at the following URLs: severance agreements (https://www.workingsolutionsnyc.com/for-employees/new-york-city-severance-agreements), FMLA (https://www.workingsolutionsnyc.com/for-employees/fmla-violations), and unpaid wages (https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime). In each case, the newly updated content is a good way for an impacted person to start their educational journey. Then, they can reach out to the law firm for a free consultation, where an attorney can access the facts and the law and then provide advice on best next steps. THREE KEY AREAS OF POTENTIAL DISPUTE Here is background on this release. The relationship between employers and employees can be both positive and negative. Most of the time, fortunately, this relationship can be win/win for both parties. However, at other times, disputes can arise. A good example would be FMLA (the Family and Medical Leave Act at https://www.dol.gov/agencies/whd/fmla). The law is complicated but requires certain flexibility among certain employers when an employee has a health condition or pregnancy, as well as when his or her family member is impacted. Yet in some situations, employers do not follow the letter of the law, and an FMLA dispute can arise. Similarly, when a severance package is offered, the employee may not fully understand the legal ramifications of signing or the negotiation opportunities that severance can provide. And finally, when it comes to unpaid wages and overtime, many employees do not understand their rights and are disadvantaged by unscrupulous lawyers. The newly updated content helps employees know their rights, not the least of which is to seek legal representation during a potential employee/employer dispute. ABOUT WORKING SOLUTIONS LAW FIRM Working Solutions Law Firm has offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>July 31, 2023 &#8211; New York, NY. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce new content on three key terms: FMLA, severance, and unpaid wages. These touchstone terms help employees identify lawyers who&hellip;</p>\\n"},{"id":22774,"path":"/blog/starbucks-challenges-25-6-million-jury-verdict-in-race-bias-suit","slug":"starbucks-challenges-25-6-million-jury-verdict-in-race-bias-suit","modified":"2023-07-31T19:45:45","title":"Starbucks Challenges $25.6 Million Jury Verdict in Race Bias Suit","content":"Starbucks is seeking to overturn or reduce a $25.6 million jury verdict payout awarded to a former employee in a race bias lawsuit. Shannon Phillips, a former regional director of over 100 Philadelphia-area Starbucks stores, claimed that she was unfairly terminated after the arrest of two Black men at one of the stores she oversaw. The company maintains that the termination was based on performance issues and not racial bias, while Phillips believes she was unfairly treated due to her race. Phillips claimed that she was fired because she was white and in a position of authority at the time of the arrest of Donte Robinson and Rashon Nelson. After the men refused to leave a table while waiting for a business meeting, a white manager called the police. The incident sparked outrage against the coffee chain. After Phillips was fired for purported “leadership failures,” she sued Starbucks in 2019 on the grounds of racial bias, alleging that she was a sacrificial lamb for the company to calm its public relations crisis  In June of 2023, a jury concluded that Starbucks had considered Phillips’ race while making the decision to terminate her in 2018. They awarded Phillips $600,000 in compensatory damages and $25 million in punitive damages, a decision that Starbucks is now challenging.  Starbucks’ Response to the Jury Decision: Motion for a New Trial  Starbucks maintains that there is no evidence to support racial discrimination in Phillips termination. The company contends that her dismissal was due to her alleged leadership failures, including failing to attend meetings, being unresponsive to team members, and lacking strategic leadership during a crisis. Starbucks emphasizes that Phillips race played no role in the decision-making process, as testified by the termination decision-makers during the trial. Starbucks also criticizes the testimony provided by Paul Sykes, a Black district manager who was Phillips subordinate and oversaw the store where the arrests occurred. Sykes believed that Phillips was terminated because of her race, citing her reputation as a strong leader. However, Starbucks dismisses this perspective as speculative and without direct evidence of racial bias. In its motion for a new trial, Starbucks points out several errors made during the proceeding, including the failure to remove jurors who expressed negative views of the company. The company also alleges that Phillips counsel made false statements during opening remarks, which were not corrected by the court, and that the jury was misled about punitive damages. Contact the Working Solutions Law Firm Today&nbsp; Do you have a sensitive or complex discrimination claim? If you need guidance from employment law specialists regarding issues of bias or wrongful termination, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Expert attorneys at our law firm specialize in many areas of the law, including discrimination and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Starbucks is seeking to overturn or reduce a $25.6 million jury verdict payout awarded to a former employee in a race bias lawsuit. Shannon Phillips, a former regional director of over 100 Philadelphia-area Starbucks stores, claimed that she was unfairly terminated after the arrest of two Black men at one of the stores she oversaw.&hellip;</p>\\n"},{"id":22764,"path":"/blog/customer-service-representatives-sue-sirius-xm-for-uncompensated-pre-mid-and-post-shift-activities","slug":"customer-service-representatives-sue-sirius-xm-for-uncompensated-pre-mid-and-post-shift-activities","modified":"2023-07-27T18:13:50","title":"Customer Service Representatives Sue Sirius XM for Uncompensated Pre-, Mid- and Post-Shift Activities","content":"Panorama focus headset on call center workspace desk with blur background of operator team or telesales representative engage in providing client with customer support service or making sales. Prodigy On July 14, 2023, Kellee Mitchell filed a lawsuit against Sirius XM Radio Inc. on behalf of herself and others similarly situated as Customer Service Representatives (CSRs) for uncompensated wages. Mitchell alleged in her suit that Sirius XM violated the Federal Labor Standards Act by failing to pay CSRs’ for their entire workdays. More specifically, Mitchell alleged that Sirius XM failed to compensate CSRs for the substantial amount of time spent powering on their computers and systems prior to clocking in and shutting them down after clocking out.  The work completed by CSRs off-the-clock was integral and indispensable to their job responsibilities, which they are arguing should qualify it as compensable. In the filed complaint, the Plaintiff further states that the Defendant was aware of the work performed off-the-clock and failed to make any effort to prevent, stop, or disallow it. In fact, Plaintiff alleged that as a part of Sirius XM’s regular business practice they used their attendance and adherences policies against Plaintiff and other CSRs to pressure them into performing work off-the-clock. The complaint states that Sirius XM was able to track the amount of time CSRs spent on work activities before and after the shift, yet they failed to accurately record the total time worked by Mitchell and other CSRs in their timekeeping system and on the CSRs’ paystubs. Plaintiff is suing Sirius XM on three counts: violating the FLSA in failure to pay overtime, breach of contract to pay each hour worked, and unjust enrichment of the Defendant as a result of not compensating CSRs for time worked. Compensable Time Under the FLSA Under the FLSA, compensable time is defined as time that is treated as “hours worked.” Hours worked, under the FLSA, means the total amount of time an employee must be on duty. The pre-, mid-, and post-shift activities completed off-the-clock were necessary for the employees to complete their job responsibilities, thus rendering it as compensable time. The FLSA applies to different areas of work in differing ways. Mitchell’s work setting is a call center and under the FLSA these employers must maintain an accurate documentation of all hours worked, including time spent in pre-shift and post-shift job-related activities. Per Plaintiff’s complaint, Sirius XM failed to keep an accurate record of hours worked by their CSRs and in turn failed to pay the CSRs their full wages. Contact the Working Solutions Law Firm&nbsp; Have you not been compensated for your hours worked? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law including FLSA violations, such as unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>On July 14, 2023, Kellee Mitchell filed a lawsuit against Sirius XM Radio Inc. on behalf of herself and others similarly situated as Customer Service Representatives (CSRs) for uncompensated wages. Mitchell alleged in her suit that Sirius XM violated the Federal Labor Standards Act by failing to pay CSRs’ for their entire workdays. More specifically, Mitchell&hellip;</p>\\n"},{"id":22761,"path":"/blog/collective-action-class-expanded-against-taco-bell","slug":"collective-action-class-expanded-against-taco-bell","modified":"2023-07-27T16:21:58","title":"Collective Action Class Expanded against Taco Bell","content":"A court ruled in favor of plaintiff Carrie Gallagher in a collective action lawsuit against defendant Charter Foods, the owner of about 309 franchised Taco Bell, KFC, Pizza Hut, Long John Silver’s and A&amp;W restaurants in 12 states.&nbsp; The court’s decision expanded the class in the&nbsp; collective action against Charter Foods.&nbsp; The class broadened&nbsp; from all current and former Assistant Managers (AM) who work or worked at any of Charter Foods’ ‘Taco Bell’ franchised restaurants in the US during the relevant time period, to Assistant Managers at any Charter Brand (KFC, Pizza Hut, etc.).&nbsp;&nbsp; The plaintiff alleges that Charter Foods misclassified all of its Assistant Managers, which included 900 across the US during the relevant time period, as exempt rather than non-exempt employees.&nbsp; She claims that all AMs were routinely assigned non-exempt work “such as serving customers, ringing customers up on the cash register, preparing food, working the drive-thru, stocking, counting inventory, and cleaning the restaurant.”&nbsp; She also states that all AMs habitually worked more than 40 hours per week, but were not paid for overtime work due to their classification as exempt employees.&nbsp; For example, the plaintiff was an Assistant Manager of a Taco Bell in Washington, Pennsylvania where she was scheduled to work at least 50 hours per week, but actually worked an average of 60 hours on a weekly basis.&nbsp; The plaintiff alleges that Charter Foods was understaffed, so Assistant Managers had to work a national average of sixty to seventy hours per week without any overtime compensation.&nbsp;&nbsp; The plaintiff was able to show that all of Charter Foods’ Assistant Managers had the same work responsibilities, job descriptions, training, weekly hours worked, and classification as exempt employees despite completion of non-exempt work.&nbsp; As a result, the court held that plaintiffs from any Charter Foods location (KFC, Pizza Hut, Long John Silver’s, etc.) who were misclassified Assistant Managers can now opt-in to the collective action lawsuit.&nbsp;&nbsp; FLSA Overtime and Exempt/Non-Exempt Employees&nbsp; The Fair Labor Standards Act mandates employers to compensate non-exempt employees one and one-half times their regular rate of pay for hours worked over forty in a workweek.&nbsp; While the FLSA does not limit the number of hours that employees work, employees must receive overtime pay for these additional hours.&nbsp;&nbsp;&nbsp;&nbsp; Employers do not have to pay exempt employees overtime compensation because they are exempt from the FLSA’s minimum wage and overtime laws. You are an exempt employee if (1) you work on a salary basis, (2) your salary is at least $913/week, and (3) your job title and duties demonstrate that you are an administrative employee, an executive, a specific type of computer worker, or a specially skilled worker.&nbsp; If you make more than $100,000 in gross income per year and have professional, administrative, or managerial duties, you are also exempt.&nbsp; As a general rule, exempt employees use independent judgment and discretion in their position, while non-exempt employees do not.&nbsp; Non-exempt employees often have tasks that are routine and standard and they do not have the authority for independent decision-making.&nbsp; In this case, the plaintiff proved that Assistant Managers were predominantly assigned routine, standard, hourly tasks, so they should have been designated as non-exempt employees and were entitled to overtime pay.&nbsp;&nbsp; Seek Legal Assistant Today&nbsp; Has your employer failed to pay you for overtime work or misclassified you as an exempt employee? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A court ruled in favor of&nbsp; plaintiff Carrie Gallagher in a collective action lawsuit against defendant Charter Foods, the owner of about 309 franchised Taco Bell, KFC, Pizza Hut, Long John Silver’s and A&amp;W restaurants in 12 states.&nbsp; The court’s decision expanded the class in the&nbsp; collective action against Charter Foods.&nbsp; The class broadened&nbsp; from&hellip;</p>\\n"},{"id":22757,"path":"/blog/do-you-have-unpaid-overtime-wages-contact-working-solutions-today","slug":"do-you-have-unpaid-overtime-wages-contact-working-solutions-today","modified":"2023-07-27T16:08:16","title":"Do You Have Unpaid Overtime Wages? Contact Working Solutions Today!","content":"Are you missing your overtime wages from your employer? If so, contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime, severance, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you missing your overtime wages from your employer? If so, contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid wages &amp;&hellip;</p>\\n"},{"id":22754,"path":"/blog/eeoc-case-against-grocer-for-sexual-harassment","slug":"eeoc-case-against-grocer-for-sexual-harassment","modified":"2023-07-26T16:02:34","title":"EEOC case against grocer for Sexual Harassment","content":"The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against The Houchens Food Group, owners of Pic-N-Sav, for claims of sexual harassment in its store. The original lawsuit started with a police report that was filed on June 5, 2020, against a customer who was known for sexually harassing the stores female employees. The report eventually resulted in a trespass notice against the perpetrator, which was signed by the store manager. Nonetheless, the customer was still allowed to enter the store for several months after the trespass was filed. As a result, the lawsuit accused the company of knowingly subjecting its female employees in Alabama to frequent and unwelcome sexual harassment by the same regular customer for several years.  Despite receiving repeated complaints from the female employees, the company failed to inhibit the harassment by taking initiative to guarantee a safe and hospitable work environment.&nbsp; Fast forward to June 10, 2023, approximately two years after the suit was filed, Houchens Food Group agreed to settle in a four-year consent decree that required they pay $50,000 to one of the original victims, implement and revise store policies to prevent sexual harassment, and conduct an annual training through out its 16 other stores to ensure adequate compliance with the law. The EEOC will be responsible for monitoring the companys compliance throughout the decrees duration. How the EEOC defines Sexual Harassment. The EEOCs lawsuit claimed that Houchens Food Group allowed a hostile work environment of sexual harassment to persist, independent of the numerous and identical complaints from its female employees. This failure to comply is a direct violation of Title VII of the Civil Rights Act of 1964. This respective section protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin. This is something the Houchens Food Group conclusively failed to do on multiple occasions. &nbsp;It is unlawful to harass someone based on their sex, which includes sexual harassment or offensive remarks about their orientation. However, it is important to note that sexual harassment doesn’t just include making unwarranted physical advances to someone.&nbsp; Harassment can most certainly involve unwelcome physical sexual advances or requests for favors, but it also includes repetitive and abusive verbal acts of a sexual nature. Both the victim and harasser can be of any gender, and it can occur between individuals of the same sex. While innocent teasing or isolated incidents may not be ruled as illegal, harassment becomes unlawful when it is frequent or severe, leading to a hostile work environment or if it results in adverse employment decisions. A few examples of these decisions include but are not limited to firing, demotion, and other forms of&nbsp; retaliation. The harasser can also be a supervisor, co-worker, or someone outside the company, such as a client or customer. Marsha Rucker, the regional attorney for the EEOCs Birmingham District, emphasized all of this by asserting: “tolerating sexual harassment by a customer violates federal anti-discrimination laws. This consent decree sends a message to employers that they cannot ignore complaints of sexual harassment”. Contact the Working Solutions Law Firm Have you experienced&nbsp; sexual harassment at your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including sexual harassment, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against The Houchens Food Group, owners of Pic-N-Sav, for claims of sexual harassment in its store. The original lawsuit started with a police report that was filed on June 5, 2020, against a customer who was known for sexually harassing the store&#8217;s female employees. The&hellip;</p>\\n"},{"id":22751,"path":"/blog/are-you-experiencing-sexual-harassment-at-work-contact-working-solutions-today","slug":"are-you-experiencing-sexual-harassment-at-work-contact-working-solutions-today","modified":"2023-07-25T15:23:00","title":"Are You Experiencing Sexual Harassment At Work? Contact Working Solutions Today!","content":"Are you the victim of sexual harassment in your workplace? If so, seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including harassment, discrimination, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you the victim of sexual harassment in your workplace? If so, seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including harassment, discrimination,&hellip;</p>\\n"},{"id":22748,"path":"/blog/senators-warren-and-booker-demand-answers-from-bed-bath-beyond-regarding-severance-pay","slug":"senators-warren-and-booker-demand-answers-from-bed-bath-beyond-regarding-severance-pay","modified":"2023-07-21T20:29:19","title":"Senators Warren and Booker Demand Answers from Bed Bath &amp; Beyond Regarding Severance Pay","content":"Democratic U.S. Senators Elizabeth Warren and Cory Booker have expressed concern over Bed Bath &amp; Beyonds treatment of employees in the wake of the retailers bankruptcy filing. In a letter addressed to CEO Sue Gove, the Senators accused the retailer of prioritizing shareholders and executives over workers and neglecting to provide severance pay to thousands of laid-off employees. Bed Bath &amp; Beyond (BB&amp;B) has faced several challenges over the last few years, ranging from supply issues to worse-than-expected sales.  A History of Prioritizing Shareholders: In addition to bankruptcy, the retailer is also exploring other financial options such as restructuring and selling assets. However, as Senators Warren and Booker raise in their letter, the companys past financial decisions are of concern because of their emphasis on protecting stockholders. They pointed out that since 2004, the retailer has spent a significant $11.8 billion on stock buybacks, which reduced capital and increased debt while the business faced declining conditions. Even in February 2022, when the company was already experiencing financial struggles and planning store closures and layoffs, it reportedly spent $230 million on stock buybacks within three months. Workers Left to Bear the Brunt: The Senators expressed their deep concern over the impact of these financial decisions on Bed Bath &amp; Beyonds employees. They argued that despite the companys financial challenges, it is the workers who have borne the brunt of the losses. Over 1,200 employees in the companys home state of New Jersey were laid off just days before a new state law expanding employer obligations during mass layoffs took effect in April. According to the letter, one employee called BB&amp;B’s refusal to pay severance in New Jersey as “punch in the gut.” Elsewhere, a “store manager in St. Louis reported that his store employees were not given severance pay, nor receive 401(k) matches for the contributions employees had already made, weeks after receiving misleading guidelines from the company.” Calls for Transparency and Accountability: Senators Warren and Booker called on Bed Bath &amp; Beyond to provide comprehensive details about the severance and benefits given to affected employees. They requested information on the number of employees laid off since January 2022, the number of ex-workers who received severance pay, and the retailers spending on stock buybacks and dividends since 2014. Additionally, they sought clarification on how much of the debtor-in-possession financing from Sixth Street Specialty Lending will be allocated to employee benefits. A Responsibility to Workers: The Senators emphasized that Bed Bath &amp; Beyond has a responsibility to its workers and urged the company to treat its retail employees with dignity throughout the bankruptcy process. With the companys recent filing for Chapter 11 protection amid declining sales and store closures, the Senators stressed the importance of prioritizing employee well-being during such difficult times. Seek Legal Assistance Today&nbsp; If you need guidance from employment law specialists regarding your severance agreement, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Democratic U.S. Senators Elizabeth Warren and Cory Booker have expressed concern over Bed Bath &amp; Beyond&#8216;s treatment of employees in the wake of the retailer&#8217;s bankruptcy filing. In a letter addressed to CEO Sue Gove, the Senators accused the retailer of prioritizing shareholders and executives over workers and neglecting to provide severance pay to thousands&hellip;</p>\\n"},{"id":22744,"path":"/blog/panel-denies-rk-equipment-inc-rn-management-co-inc-a-way-out-of-trial","slug":"panel-denies-rk-equipment-inc-rn-management-co-inc-a-way-out-of-trial","modified":"2023-07-20T17:59:54","title":"Panel Denies RK Equipment Inc. &amp; RN Management Co. Inc. A Way Out of Trial","content":"Aerial view container ship in port at container terminal port, Ship of container ship stand in terminal port on loading, unloading container, Commercial cargo ship in sea port. John McPartlin II, a switcher in cross-docking and employee of Minority Auto Handling Specialists (MAHS), slipped and fell on snow and ice while working and sustained an injury to his left shoulder. After getting injured, McPartlin sought out worker’s compensation benefits from his employer, but the company argued the medical treatment was not for an injury he sustained at work. In response to this, McPartlin filed suit against RK Equipment Inc., responsible for removal of snow and ice from the property, and RN Management Co. Inc. for the “unreasonably dangerous accumulation of ice and snow.” Why are RK Equipment Inc. &amp; RN Management Co. Inc. Being Sued? RK Equipment is a company hired for the repair and removal of snow and ice from the cross-dock, and RN Management is the owner of the cross-dock facility. Since McPartlin was injured on the cross-dock as a result of the ice and snow not being fully removed, he has filed suit against both companies. MAHS, McPartlin’s direct employer, and RK Equipment are wholly-owned subsidiaries of RN Management. RN Management is in turn a wholly owned subsidiary of FCS Industries. All four of these entities share the same three administrative officers.  What’s Happening? Plaintiff alleges that RN Management, as owner of the property, had the responsibility of exercising reasonable care to warn and protect others from unreasonable dangers on the premises. Plaintiff further alleges that RK Equipment had the responsibility to address the accumulation of snow and ice on the premises, which they failed or acted in a negligent manner that created unreasonable dangerous conditions leading to plaintiff’s sustained injuries.&nbsp; Defendants sought summary disposition, where the parties submit an agreed-upon stipulation of facts to the court and, granted the facts are sufficient, a judgment is rendered by the court without a full trial being held. The defendants argue that plaintiff’s remedy to pursue Worker’s Disability Compensation Act (WDCA) benefits was because under the WDCA, RK Equipment and RN Management are considered McPartlin’s employers. Thus, in plaintiff arguing RN Management and RK Equipment as not being his employers, the exclusive-remedy provision of the WDCA does not bar McPartlin’s tort claims against them. Furthermore, defendants argue the snow and ice hazard that caused plaintiff’s injury were open, obvious, and not effectively unavoidable.&nbsp; Without explanation, the trial court denied the defendants’ motion for summary disposition. Defendants then moved for reconsideration, arguing it would be beneficial to hold an oral argument. In their filed opinion, the panel affirmed the denial of the summary judgment bid stating that their arguments were not backed up by the evidence.&nbsp; Contact Us Today&nbsp; Have you been fired after sustaining an injury? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>John McPartlin II, a switcher in cross-docking and employee of Minority Auto Handling Specialists (MAHS), slipped and fell on snow and ice while working and sustained an injury to his left shoulder. After getting injured, McPartlin sought out worker’s compensation benefits from his employer, but the company  argued the medical treatment was not for an &hellip;</p>\\n"},{"id":22739,"path":"/blog/workplace-discrimination","slug":"workplace-discrimination","modified":"2023-07-20T19:10:13","title":"Workplace Discrimination","content":"Employment discrimination occurs when an employer treats an employee negatively due to a protected characteristic such as race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. The US Equal Employment and Opportunities Commission (EEOC) is responsible for enforcing federal anti-discrimination laws to combat discrimination against employees or job applicants. The EEOC applies five federal laws to counter discrimination: Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and Title I of the Americans with Disabilities Act of 1990.&nbsp; While workplace discrimination is prohibited on the federal level and within many states, it is still prevalent throughout the United States according to the EEOC’s yearly data showing the number of employment discrimination charges in each state. The Legal Basis The five federal laws prohibiting employment discrimination protect many individuals throughout the United States. For example, Title VII of the Civil Rights Act makes it illegal to discriminate against an individual on the  basis of race, color, religion, sex, and national origin. The Pregnancy Discrimination Act prevents employers from discriminating on the basis of pregnancy, childbirth, or any related medical conditions.&nbsp; This Act states that an organization may not deny projects, deny promotions, or terminate an employee due to pregnancy, childbirth, or related medical concerns.&nbsp; The organization cannot prevent an employee from receiving any of the terms, privileges, or conditions of their employment on the basis of their pregnancy.&nbsp; The Act also states that pregnant employees are entitled to as much leave with job protection as those who go on disability or sick leave.&nbsp;&nbsp; The Equal Pay Act of 1963 makes it illegal for employers to compensate women and men differently who have positions that require “substantially equal skill, effort, and responsibility under similar working conditions.”&nbsp; Under this Act, wage discrimination on the basis of sex considers disparities in salary, wages, overtime, bonuses, stock options, vacation and holiday pay, and expense reimbursements. Individuals can file lawsuits against their employers for wage discrimination and possibly receive back pay and pay adjustments to account for any disparities.&nbsp;&nbsp; The Age Discrimination in Employment Act of 1967 prohibits workplace discrimination against individuals who are 40 years of age or older.&nbsp; The Act applies to organizations with more than 20 workers and applies to hiring practices, termination, wages, promotions, layoffs, and more.&nbsp; Finally, Title I of the Americans with Disabilities Act of 1990 protects individuals with disabilities from employment discrimination, including hiring, termination, compensation, and more.&nbsp; The ADA also requires covered organizations to have a dialogue with employees with disabilities about what accommodations they may need to perform the essential functions of their jobs.&nbsp; Organizations must provide reasonable accommodations to these employees that do not place an undue burden on the employer.&nbsp; The ADA defines disability as a mental or physical impairment such as diabetes, autism, PTSD, epilepsy, HIV, intellectual disabilities, mobility disabilities, and more.&nbsp;&nbsp; Seek Legal Assistance Today&nbsp; Have you been the victim of workplace discrimination? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Employment discrimination occurs when an employer treats an employee negatively due to a protected characteristic such as race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.&nbsp; The US Equal Employment and Opportunities Commission (EEOC) is responsible for enforcing federal anti-discrimination laws to combat discrimination against employees or&hellip;</p>\\n"},{"id":22735,"path":"/blog/are-you-experiencing-racial-bias-at-work-contact-working-solutions-today-3","slug":"are-you-experiencing-racial-bias-at-work-contact-working-solutions-today-3","modified":"2023-07-20T13:16:22","title":"Are You Experiencing Racial Bias At Work? Contact Working Solutions Today!","content":"Are you the victim of racial bias in your workplace? If so, seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including discrimination, harassment, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you the victim of racial bias in your workplace? If so, seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including discrimination, harassment,&hellip;</p>\\n"},{"id":22731,"path":"/blog/valet-company-is-sued-for-unpaid-overtime-wages","slug":"valet-company-is-sued-for-unpaid-overtime-wages","modified":"2023-07-20T13:24:51","title":"Valet Company is Sued for Unpaid Overtime Wages","content":"Valet Company is Sued for Unpaid Overtime Wages On June 29, 2023, an official collective action lawsuit was filed against The Valet King Limited Liability Company in the Southern District of New York. The Plaintiff, Bady Marcelo Ruales, is suing his previous employer, John Fuda, to recover unpaid overtime wages that have accrued from approximately November 2020 February 2023. According to Mr. Ruales, he estimates that during the three years he worked for the company, he has worked Monday through Saturday for an estimated average of 70 hours per week at a flat hourly rate of $15 per hour. He claims that at no time was he rightfully paid time and a half ($22.50) for any hour that was worked over the 40 hour overtime threshold. How might this case be applicable to you? There are two main takeaways to be made from the filed lawsuit. Firstly, if you work more than forty hours a week, every hour in addition to the forty is entitled to time and a half under the New York Labor Law&nbsp; (NYLL)(Section 652) and the Fair Labor Standards Act (FLSA) (Section 206). Therefore, if you believe you have not been properly compensated for your overtime hours then you should contact one of our attorneys to recover these damages. The second takeaway to be made is in regard to unpaid wages. Under the NYLL (Section 198,1-a) and FLSA (Section 216b), if you have billable hours that have gone unpaid, then you are entitled to recover them from your employer with additional interest. It is important to note that while the NYLL is only applicable in the state of New York, most states have adopted their own labor laws to dictate overtime rules and more. Meanwhile, the FLSA is a federal law that applies to everyone, and guarantees at least time and half pay for every hour worked over 40.Our firm specializes in employment matters all across the country, and if you need legal assistance, we would be more than happy to assist you with your respective employment issue. Contact the Working Solutions Law Firm Have you been denied overtime wages? ? Or even unpaid wages? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Valet Company is Sued for Unpaid Overtime Wages On June 29, 2023, an official collective action lawsuit was filed against The Valet King Limited Liability Company in the Southern District of New York. The Plaintiff, Bady Marcelo Ruales, is suing his previous employer, John Fuda, to recover unpaid overtime wages that have accrued from approximately&hellip;</p>\\n"},{"id":22728,"path":"/blog/do-you-have-questions-about-overtime-pay-contact-working-solutions-today-2","slug":"do-you-have-questions-about-overtime-pay-contact-working-solutions-today-2","modified":"2023-07-27T16:08:45","title":"Do You Have Questions About Overtime Pay? Contact Working Solutions Today!","content":"Do you have questions about overtime pay in your workplace? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime, severance, and discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about overtime pay in your workplace? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid&hellip;</p>\\n"},{"id":22710,"path":"/blog/firm-news-working-solutions-law-firm-wins-collective-certification-in-highly-contested-flsa-overtime-pay-dispute-involving-mortgage-brokers","slug":"firm-news-working-solutions-law-firm-wins-collective-certification-in-highly-contested-flsa-overtime-pay-dispute-involving-mortgage-brokers","modified":"2023-07-14T19:49:57","title":"FIRM NEWS: Working Solutions Law Firm Wins Collective Certification in Highly Contested FLSA Overtime Pay Dispute Involving Mortgage Brokers","content":"July 11, 2023  Working Solutions Law Firm, a team of employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, has won collective certification in a FLSA overtime pay dispute involving mortgage brokers at CrossCountry Mortgage. Loan officers, originators, and other eligible claimants will be notified of their right to opt-into the class action case. Any person in New York who may feel that they have been subject to unpaid wages or overtime, misclassification, etc., is encouraged to reach out to the law firm for a free, confidential evaluation. \\n The original complaint, filed in the Northern District of Ohio Eastern Division, can be reviewed here. A critical issue in the case involves CrossCountry Mortgage’s alleged FLSA violations including unpaid overtime. The lawsuit also accuses CrossCountry of using sign-on bonuses to wrongfully get employees in New Jersey to sign away their rights to minimum wage, as well as the recovery of accrued vacation time, bonus, and other compensation at the time of termination.  The United States District Judge for the Northern District of Ohio Eastern Division granted plaintiffs conditional certification to pursue a class action case against the mortgage lender. “Upon due consideration, the Court finds that Plaintiffs have satisfied the burden of showing a strong likelihood that other loan salespeople are similarly situated to Plaintiffs and should be given notice of their potential claims,” the judge wrote in his decision.&nbsp;Plaintiffs on a nationwide scale may be eligible to join the lawsuit. Current and former employees of CrossCountry Mortgage who believe they have relevant claims should contact the attorneys of Working Solutions Law Firm today.&nbsp; The finalized collective certification can be reviewed here.&nbsp;","excerpt":"<p>July 11, 2023 &#8211; Working Solutions Law Firm, a team of employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, has won collective certification in a FLSA overtime pay dispute involving mortgage brokers at CrossCountry Mortgage. Loan officers, originators, and other eligible claimants will be notified&hellip;</p>\\n"},{"id":22707,"path":"/blog/construction-worker-sues-ac-construction-services-for-unpaid-overtime-wages","slug":"construction-worker-sues-ac-construction-services-for-unpaid-overtime-wages","modified":"2023-07-13T15:31:38","title":"Construction Worker Sues AC Construction Services for Unpaid Overtime Wages","content":"Skeleton House Frame Construction Worker Wearing Safety Harness Staying in Front on the Building and Preparing Himself For the Job. Hugo Sanchez, a former construction worker in New Jersey, is suing his former employer, AC Construction Services, for failure in payment of his overtime wages. The suit was filed in April of this year and seeks recovery for violations of the Fair Labor Standards Act (FLSA), the New Jersey State Wage and Hour Law, and the New Jersey Wage Payment Law. In the suit, Sanchez asserts that he routinely worked 64 hours per week and was not properly compensated in accordance with the federal law regarding overtime pay (i.e. at the rate of one and one-half times the regular rate of pay for hours worked over 40 in a given workweek) AC Construction Services denied all of the plaintiff’s allegations and claimed that they acted in good faith and did not willfully violate federal and state laws. Furthermore, they stated that they paid all due wages and that even in the event that there is uncompensated time, that time is de minimis, meaning that it would be too minor to be considered compensable. Defense also mentioned that AC Construction Services is not considered an employer based on the FLSA and NJ Wage and Hour Law definitions, since their annual gross revenue does not exceed $500,000.  Who is Covered Under FLSA All employees of particular enterprises that have their workers engaging in interstate commerce, producing goods for interstate commerce, or selling, handling, and any other work on goods or materials that have been moved in or produced for such commerce are covered under the FLSA.these enterprises must: \\nhave at least two employees&nbsp; have an annual dollar volume of at least $500,000 in sales or business done&nbsp; are hospitals, businesses providing medical or nursing care for residents, schools, preschools, institutions of higher education, and government agencies\\n * Any enterprise that was covered by the FLSA on March 31, 1990, and ceased to be covered due to the revised $500,000 test, continues to be subject to the overtime pay, child labor and record-keeping provisions of the FLSA *  NJ State Labor Laws Under the New Jersey State Labor Laws and Regulations, whenever an employee is suspended, laid-off, resigns, or leaves the workplace for any reason, the employer must pay the employee all wages due no later than the regular payday for the pay period during which the cessation of employment occurred.&nbsp; Seek Legal Assistance&nbsp; Has your employer withheld your rightfully earned overtime wages?? Contact the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;","excerpt":"<p>Hugo Sanchez, a former construction worker in New Jersey, is suing his former employer, AC Construction Services, for failure in payment of his overtime wages. The suit was filed in April of this year and seeks recovery for violations of the Fair Labor Standards Act (FLSA), the New Jersey State Wage and Hour Law, and&hellip;</p>\\n"},{"id":22701,"path":"/blog/are-you-facing-flsa-violations-at-work-contact-working-solutions-today","slug":"are-you-facing-flsa-violations-at-work-contact-working-solutions-today","modified":"2023-07-13T13:27:41","title":"Are You Facing FLSA Violations At Work? Contact Working Solutions Today!","content":"Are your employers violating the Fair Labor Standards Act? If so, contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including harassment, discrimination, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are your employers violating the Fair Labor Standards Act? If so, contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including harassment, discrimination,&hellip;</p>\\n"},{"id":22698,"path":"/blog/fmla-noel-v-the-city-of-new-york-et-al","slug":"fmla-noel-v-the-city-of-new-york-et-al","modified":"2023-07-12T17:11:50","title":"FMLA: Noel v. The City of New York et al","content":"A former employee of the New York City Department of Corrections is suing for Family Medical Leave Act (FMLA) interference, FMLA retaliation, and violation of the Labor-Management Relations Act (MLRA). Gordon Noel, the plaintiff in this case who was employed by the city for over ten years, was unjustly terminated in retaliation for taking time-off to care for his sick mother.&nbsp; Noel argues that he was terminated without just cause, thus in violation of the collective bargaining agreement with his union, Correction Officers’ Benevolent Association, Inc. (COBA). An Unexpected Termination&nbsp; Noel first requested FMLA leave in August, 2021 to care for his sick mother, but a human resources officer rejected the request due to a missing warden’s signature.&nbsp; However, Noel never received a former rejection letter from human resources.&nbsp; Noel applied for FMLA-leave to support his mother again in February, 2022 and his request was officially approved.&nbsp; Noel returned from his leave at the end of February and continued to work for the NYC Department of Corrections for the next six months.&nbsp; In September, 2022, the city sent Noel a letter stating that his February leave had not been approved, contrary to Noel’s perspective. The letter explained that he technically resigned from his position because he took an extended leave without approval. For additional context, NYC saw a 300% increase in the number of officers taking unexcused absences from work in July 2021. Mayor Bill De Blasio signed an “emergency Rikers Relief Plan” in September 2021 that would penalize officers who skipped work without a justifiable cause with a 30-day suspension. In other words, the city began taking a much stricter approach to absences at the Department of Corrections. \\n Noel’s union contacted the city to confirm that the warden had approved his leave.&nbsp; Nevertheless, the city sent Noel a letter a month later terminating his employment because the proof he submitted was inadequate. Noel alleges that he was then unlawfully terminated on October 23, 2022.&nbsp; When Noel submitted a grievance to COBA for his wrongful termination, COBA refused to file it.&nbsp; The union said they now believed that he had five days of unexcused absences in February even though his FMLA-leave was officially approved.&nbsp;&nbsp; The Family Medical Leave Act&nbsp; FMLA guarantees eligible employees unpaid, job-protected leave with continuation of group health insurance coverage to care for certain family members or to address one’s own medical issues. Employees are entitled to twelve weeks of FMLA-leave in a twelve month period to “care for [their] spouse, child, or parent who has a serious health condition.” Seek Legal Assistance&nbsp; Has your employer denied your FMLA request? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former employee of the New York City Department of Corrections is suing for Family Medical Leave Act (FMLA) interference, FMLA retaliation, and violation of the Labor-Management Relations Act (MLRA).&nbsp; Gordon Noel, the plaintiff in this case who was employed by the city for over ten years, was unjustly terminated in retaliation for taking time-off&hellip;</p>\\n"},{"id":22691,"path":"/blog/do-you-have-questions-about-fmla-contact-working-solutions-today-3","slug":"do-you-have-questions-about-fmla-contact-working-solutions-today-3","modified":"2023-07-11T17:48:13","title":"Do You Have Questions About FMLA? Contact Working Solutions Today!","content":"Do you have questions about the Family Medical Leave Act (FMLA)? If so, seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, discrimination, and severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about the Family Medical Leave Act (FMLA)? If so, seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including&hellip;</p>\\n"},{"id":22686,"path":"/blog/former-cake-decorator-sues-employer-for-alleged-wrongful-termination","slug":"former-cake-decorator-sues-employer-for-alleged-wrongful-termination","modified":"2023-07-11T16:51:11","title":"Former Cake Decorator Sues Employer for Alleged Wrongful Termination","content":"On Thursday June 29, 2023, The Second Circuit district court refused to admit a lawsuit that was filed by a former cake decorator against her previous employer. The plaintiff, Julianne Arizmendi, claims that she was wrongfully terminated after requesting to take sick leave to deal with a potential Covid-19 infection. However, a unanimous panel – occupied by three judges – decided to dismiss this case in favor of the company. The panel further explained that the plaintiff’s illness was not severe enough to justify leaving under the FMLA. Furthermore, a section in their grant summary that stood in favor of the defendants highlighted : “Arizmendi testified that, on February 21, she wasnt feeling too well, but was nonetheless still able to work, suggesting that she was not suffering from a serious health condition.” The court additionally stated that the employer was unable to retaliate on her decision to request leave under the FMLA because the plaintiff had failed to make the employer aware of her situation on time. Furthermore, they noted that when the original lawsuit was set in motion (prior to her appeal), the plaintiff had already failed to properly prove that her termination was a means of retaliation for requesting time off. Meanwhile, the defendants, Rich Products Corp, had presented evidence to support their decision to ultimately terminate Ms. Arizmendi. They stated that the plaintiff had “chronic” attendance issues, used up all her sick days in January, and had been notified of the possible consequences of her continued absences. What is the FMLA?  &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The FMLA stands for the Family Medical Leave Act. It is a federal law that gives workers the right to take up to 12 weeks of unpaid, job-protected leave to tend to their own health needs, care for a newborn/adopted child, or care for a seriously ill/injured family member. This legal statute also entitles specific employees to take up to 26 weeks of paid leave to care for a family member who was injured during military service. However, it is also important to note that the start date of your 12 week leave can vary depending on your employer. Your employer has the right to&nbsp; use the calendar year which means that your 12 weeks of paid-leave would renew on January 1st each year, or a fiscal year calendar which means your 12 weeks would reset on the date in which you were originally hired. Therefore, if you find yourself in a similar position as Arizmendi, make sure you not only notify your employer within a reasonable time frame, but also ensure that your request is in compliance with the stated requirements of your individual workplace. However, if you believe that your employer’s decision to deny your FMLA leave violates any federal and/or state law, contact our office to speak with one of our experienced employment lawyers for free.&nbsp;  Contact The Working Solutions Law Firm Have you been denied FMLA Leave? Has your employer retaliated against you for requesting medical-related leave? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>On Thursday June 29, 2023, The Second Circuit district court refused to admit a lawsuit that was filed by a former cake decorator against her previous employer. The plaintiff, Julianne Arizmendi, claims that she was wrongfully terminated after requesting to take sick leave to deal with a potential Covid-19 infection. However, a unanimous panel –&hellip;</p>\\n"},{"id":22678,"path":"/blog/alaska-airlines-flight-attendant-disciplined-for-taking-time-off-to-care-for-sick-child-is-okay-washington-supreme-court-rules","slug":"alaska-airlines-flight-attendant-disciplined-for-taking-time-off-to-care-for-sick-child-is-okay-washington-supreme-court-rules","modified":"2023-07-10T20:24:41","title":"Alaska Airlines Flight Attendant Disciplined for Taking Time Off to Care for Sick Child is Okay, Washington Supreme Court Rules","content":"A flight attendant’s collective bargaining agreement overrides the Washington Family Care Act (WFCA) when it comes to taking emergency time off, the state’s Supreme Court ruled in a 5-4 decision. The court affirmed Alaska Airlines’ choice to discipline Laura Masserant when she took time off to care for her son, who was diagnosed with bronchitis. The unionized flight attendant works under a collective bargaining agreement that states attendants must schedule their leaves “far in advance.”  The majority judgment affirmed a statute included in the Washington Family Care Act, which states that the law cannot “reduce any provision” in a collective bargaining agreement. In other words, the court verified that the state law does not precede the imminent working agreement between unionized employees and their employer.  Taking Time Off from Work to Care for a Loved One The Family and Medical Care Act (FMLA) is a federal law that enables employees to take extended periods of time off from work while protecting their job status, so they can treat a medical issue of their own or a loved one. There is a formal process for requesting time off under FMLA, which includes submitting paperwork to your employer often accompanied with a doctor’s note. However, most states have also adopted their own laws similar to FMLA to bolster an employee’s right to job security while they take care of loved ones in need.&nbsp; New York enacted a state Paid Family Leave policy in 2016 “ so working families would not have to choose between caring for their loved ones and risking their economic security.” The Paid Family Leave law in New York is applicable to employees who would like time to bond with a newborn or adopted child, care for a family member with a serious health condition, or assist loved ones who may be affected by the deployment of a loved one on active military duty. Applying for family leave is relatively simple, and it is recommended that if the leave is predictable then to apply for Paid Family Leave with at least 30 days’ notice.&nbsp; State Law&nbsp; The Washington Department of Labor originally fined Alaska Airlines for violating the state’s Family Care act, which the company continued to appeal until their choice to discipline Masseratti was corroborated by the highest court in the state. If the legislature wanted to reduce the mandatory nature of advance scheduling requirements, it could have used far less categorical terms, the majority said in reference to the timeline laid out in the collective bargaining agreement.&nbsp; The WCFA dictates that state law can override CBA terms relating to the choice of leave. While the majority found that the WCFA alters the CBAs choice of leave agreement, it cant alter its requirement that workers need to schedule leave in advance. Contact the Working Solutions Law Firm Today! Have you been retaliated against for taking time off to treat a medical issue or care for a loved one? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A flight attendant’s collective bargaining agreement overrides the Washington Family Care Act (WFCA) when it comes to taking emergency time off, the state’s Supreme Court ruled in a 5-4 decision. The court affirmed Alaska Airlines’ choice to discipline Laura Masserant when she took time off to care for her son, who was diagnosed with bronchitis.&hellip;</p>\\n"},{"id":22644,"path":"/blog/tortilla-manufacturer-sued-for-wage-and-privacy-violations","slug":"tortilla-manufacturer-sued-for-wage-and-privacy-violations","modified":"2023-07-07T16:48:46","title":"Tortilla Manufacturer Sued For Wage and Privacy Violations","content":"A proposed class and collective action lawsuit has been filed against El Milagro Inc., a longstanding tortilla manufacturer based in Chicago. The lawsuit, brought by a deliveryman named Javier Ruiz, alleges that El Milagro failed to pay drivers the correct minimum and overtime wages required by federal and state labor laws. Additionally, the lawsuit brings a privacy claim, and alleges that the company illegally collected and stored its employees biometric data without their consent.  The lawsuit seeks to establish two classes: one for drivers who regularly worked for more than 40 hours per week and were not fully paid the required minimum and overtime wages, and another for employees whose biometric information was collected without their consent in violation of the Illinois Biometric Information Privacy Act (BIPA). Alleged Wage Violations: According to the complaint filed by Ruiz, his employer violated the Fair Labor Standards Act (FLSA), the Illinois Minimum Wage Law, and the Chicago Minimum Wage Ordinance by failing to pay him and other drivers the required minimum and overtime wages. The lawsuit argues that the drivers pay was based on an unfair percentage tied to the driving and deliveries they performed. Ruiz alleges that El Milagro paid him and other drivers only 5% of the value of the goods they delivered, resulting in substandard pay. Despite regularly working long hours, often exceeding 55 to 60 hours per week, Ruiz claims that he and his co-workers were not compensated at the appropriate overtime rate for the hours worked beyond 40 in a given workweek. Unauthorized Biometric Data Collection: In addition to the wage violations, the lawsuit alleges that El Milagro violated the Illinois Biometric Information Privacy Act (BIPA). Ruiz states that the company required him and other employees to clock in and out using a biometric time clock that captured and stored their fingerprints without obtaining proper written consent or maintaining a publicly available policy describing the storage and destruction of biometric information. The complaint notes that “fingerprints are a unique and permanent identifier, the collection of which puts Plaintiff and other employees’ privacy at risk. This is the very risk that BIPA is intended to protect against.” Proposed Classes and Remedies: Ruiz seeks a court judgment holding El Milagro accountable for willfully violating wage laws and owes unpaid minimum wages and overtime compensation to the collective class. The lawsuit also requests a court order mandating compliance with BIPAs requirements for biometric data collection and storage, as well as payment of liquidated damages for each violation. Seek Legal Assistance Today&nbsp; Do you believe that your employer has infringed upon your labor rights, whether they pertain to wages, privacy, or overtime? If you need guidance from employment law specialists regarding your labor dispute, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A proposed class and collective action lawsuit has been filed against El Milagro Inc., a longstanding tortilla manufacturer based in Chicago. The lawsuit, brought by a deliveryman named Javier Ruiz, alleges that El Milagro failed to pay drivers the correct minimum and overtime wages required by federal and state labor laws. Additionally, the lawsuit brings&hellip;</p>\\n"},{"id":22641,"path":"/blog/pilot-could-double-damages-in-userra-suit","slug":"pilot-could-double-damages-in-userra-suit","modified":"2023-07-10T20:36:00","title":"Pilot Could Double Damages in USERRA Suit","content":"The Uniformed Services Employment and Reemployment Relief Act of 1994 (USERRA) On Thursday, June 22, 2023, the Eleventh Circuit ruled that Scott Thomas, a former pilot of a sheriff’s office in Florida, could receive double in damages after a jury found the defendant to have willfully violated the law. Thomas sued the Broward County Sheriff’s Office in May of 2019, alleging that the chief pilot regularly disparaged and ridiculed those with military backgrounds including Thomas. When Thomas brought this up to management, he was told to either resign or face termination. In January 2022, Thomas received a verdict in his favor after a three-day trial and was awarded $240,000 in back wages. The jury found that the sheriff’s office did discriminate and retaliate against Thomas, as well as finding that the sheriff’s office willfully violated the Uniformed Services Employment and Reemployment Rights Act (USERRA). Due to the finding that the violation was willful, Thomas has requested the court to amend his damages to $480,000 to reflect this finding.  The published opinion written by a unanimous three-judge panel stated that when the parties consented to a jury trial, the trial court casted the jury in an “advisory” role after the trial. This means that the jury’s original findings are non-binding, and the trial judge has final say over the matter. The opinion stated that despite this error, Thomas’ request should have been granted. U.S. Circuit Judge Stanley Marcus expressed that although the parties had not agreed to a jury trial on liquidated damages, Thomas was entitled to one because it can be inferred that USERRA allows for that right. USERRA holds that “the court” is responsible for awarding liquidated damages, which encompasses both a judge and a jury. The panel also reiterated that there was sufficient evidence presented at the January trial to support the verdict that the chief pilot antagonized pilots with military training and Thomas’ complaint about it caused him to lose his job.  Who is Covered Under USERRA?&nbsp; Passed in 1994, this federal law protects military service members and veterans from employment discrimination and permits them to regain their civilian jobs after a period of uniformed service. It applies to all employers.&nbsp; USERRA applies to members of the Armed Forces, Reserves, National Disaster Medical System, Commissioned Corps of the Public Health Service, and other “Uniformed Services”&nbsp; The law ensures that service members:&nbsp; \\nAre not disadvantaged in their civilian careers because of their military service Are promptly re-employed in their civilian jobs upon return from duty Are not discriminated against by employers because of past, present, or future military service\\n Contact the Working Solutions Law Firm Today!&nbsp; If you are a military service member experiencing discrimination in your workplace, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>On Thursday, June 22, 2023, the Eleventh Circuit ruled that Scott Thomas, a former pilot of a sheriff’s office in Florida, could receive double in damages after a jury found the defendant to have willfully violated the law. Thomas sued the Broward County Sheriff’s Office in May of 2019, alleging that the chief pilot regularly&hellip;</p>\\n"},{"id":22638,"path":"/blog/a-guide-to-prevailing-wages","slug":"a-guide-to-prevailing-wages","modified":"2023-07-06T14:13:53","title":"A Guide to Prevailing Wages","content":"Prevailing wages have, over time, increased to establish higher standards of pay for workers in certain industries. Prevailing wages are guaranteed for contractors or subcontractors performing any construction, alteration, or repair (including painting and decorating) work on federal or federally-assisted contracts. They are normally provided in union jobs. Rights to prevailing wages are protected under the Davis-Bacon and related Acts (DBRA).  Whether you are an official part of a union or not, workers hired to staff federal sites such as streets, highways, or public buildings are entitled to prevailing wages.  What is a Prevailing Wage?&nbsp; The Department of Labor defines prevailing wages as “the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.” Wages for specific occupations change over time, so employers can request updated information from the National Prevailing Wage Center or use this link here.&nbsp; The Davis-Bacon Act ensures that prevailing wages are provided to laborers and mechanics hired on federal contracts. The law has broadened to include “related Acts” so that other forms of federal assistance, including projects funded with grants or loans, may qualify contractors to earn prevailing wages.&nbsp; Who Qualifies for Prevailing Wages? Prevailing wages create standards for compensation on important public projects. In New York, groups of construction workers have filed class action lawsuits to receive their fair pay. If you suspect you are not earning a prevailing wage on a project that requires one, contact the Working Solutions Law Firm for a consultation today.&nbsp; Projects in which the government sponsors at least $2,000 are required to pay contractors a prevailing wage. Laborers, mechanics, construction workers, alteration assistants or other repairmen (painting, decorating, etc.) are entitled to prevailing wages for their work on such job sites.&nbsp; You do not have to be a union member to qualify for prevailing wages.&nbsp; Contact the Working Solutions Law Firm Today Have you been improperly denied prevailing wages? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Prevailing wages have, over time, increased to establish higher standards of pay for workers in certain industries. Prevailing wages are guaranteed for contractors or subcontractors performing any construction, alteration, or repair (including painting and decorating) work on federal or federally-assisted contracts. They are normally provided in union jobs. Rights to prevailing wages are protected under&hellip;</p>\\n"},{"id":22634,"path":"/blog/are-you-experiencing-wage-violations-at-work-contact-working-solutions-today","slug":"are-you-experiencing-wage-violations-at-work-contact-working-solutions-today","modified":"2023-07-06T13:17:15","title":"Are You Experiencing Wage Violations At Work? Contact Working Solutions Today!","content":"Are you the victim of wage violations in your workplace? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime,&nbsp;FMLA,&nbsp;and discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you the victim of wage violations in your workplace? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid&hellip;</p>\\n"},{"id":22631,"path":"/blog/nj-chinese-restaurant-sued-for-pattern-of-illegal-practices","slug":"nj-chinese-restaurant-sued-for-pattern-of-illegal-practices","modified":"2023-07-05T19:09:35","title":"NJ Chinese Restaurant Sued for Pattern of Illegal Practices","content":"On June 14, 2023, a former waiter of a New Jersey Chinese food establishment brought a lawsuit against the restaurant for alleged violations of the Fair Labor Standards Act and New Jersey Wage and Hour Law. The 56-year-old plaintiff, Cheong M. Chung, was a waiter for defendant, River House Chinese Cuisine, from September 2021 to May 2023, and he alleges that there was a pattern of unlawful employment practices and policies throughout his employment. Chung claims that River House did not pay him the hourly minimum wage or allow him to keep all of his tips. Additionally, Chung accused the restaurant of not compensating him&nbsp; for any of his overtime work. Finally, Chung claims that River House discriminated against his age when his former boss substantially reduced his hours and pressured him to find a different job.&nbsp;&nbsp; A Pattern of Unlawful Employment Practices&nbsp; Chung’s complaint depicts River House’s pervasive culture of illegal employment behavior. Throughout Chung’s employment with the restaurant, he worked anywhere from about 42 to 55 hours per week. He often worked more than ten hours per day, four days per week. However, River House only paid Chung a flat daily rate of $25 and compensated him in cash twice per month. The restaurant did not pay Chung time-and-one-half for his overtime hours worked above 40 hours each week and it deducted 20% from Chung’s tips for the first three weeks of his position and then 5% from Chung’s credit card tips throughout the rest of his employment.  \\n Amid these stated illegal practices, River House failed to advertise its workers’ rights in the restaurant per state requirements. The business did not keep a record of Chung’s hours or wages and it didn’t provide Chung with any pay statements during his employment. The restaurant also didn’t post the required New Jersey State Department of Labor posters that detail state laws on minimum wage, overtime pay, and payday in the facility.&nbsp; Finally, Chung claims that his former boss cut his hours at the restaurant because of his age and told Chung to find a better job because he was ‘too old’. Chung alleges that this behavior violated the New Jersey Law Against Age Discrimination which prohibits an employer from discriminating based on age when making decisions about job assignments, pay levels, employee benefits, and/or privileges of employment.&nbsp; The Fair Labor Standards Act The Fair Labor Standards Act (FLSA) is a federal law that regulates how employers compensate their employees in any sector or industry in the US. The FLSA requires employers to pay their workers at least $7.25 per hour and one and one-half times their regular rate of pay for all hours worked over 40 per workweek. The Act also requires employers to maintain accurate employee time and pay records. In this case, Chung alleges that River House violated all three of these federal requirements.&nbsp; Seek Legal Assistance Today&nbsp; Has your employer paid you less than you’ve earned under the Fair Labor Standards Act? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>On June 14, 2023, a former waiter of a New Jersey Chinese food establishment brought a lawsuit against the restaurant for alleged violations of the Fair Labor Standards Act and New Jersey Wage and Hour Law. The 56-year-old plaintiff, Cheong M. Chung, was a waiter for defendant, River House Chinese Cuisine, from September 2021 to&hellip;</p>\\n"},{"id":22623,"path":"/blog/former-compliance-director-sues-consulting-firm-for-wrongful-termination-amid-medical-accommodation-request","slug":"former-compliance-director-sues-consulting-firm-for-wrongful-termination-amid-medical-accommodation-request","modified":"2023-06-30T16:12:55","title":"Former Compliance Director Sues Consulting Firm for Wrongful Termination Amid Medical Accommodation Request","content":"In a recent lawsuit filed in Manhattan federal court, a former director of financial services compliance and regulation at the consulting firm Kroll alleges that he was a victim of wrongful termination after requesting to work remotely. Dennis Dumas experienced a series of medical issues shortly after joining the firm and found himself under pressure to return to the office despite his medical condition. The lawsuit alleges that Kroll fabricated reports of poor performance in order to justify Dumas’ dismissal.  Dumas joined Kroll in October 2021 and soon after began experiencing significant health challenges. In November 2021, he underwent a routine cardiac catheter procedure that resulted in a punctured heart, requiring him to further undergo lengthy open-heart surgery. During his rehabilitation period, Dumas suffered a stroke which left him with impaired motor skills. Despite these health setbacks, Dumas returned to work in April 2022. In July 2022, Dumas was hospitalized after he hit his head on a marble floor, and began to experience difficulties with walking shortly thereafter. He requested to have the option to work remotely in September which was initially approved by Kroll. However, according to the lawsuit, his managing director began to pressure him to return to the office and made baseless claims about his suffering work performance.&nbsp; In October 2022, Dumas underwent another heart surgery and was subsequently informed by Kroll that he was being placed on a performance improvement plan, which included critiques that did not align with “his job description and stated duties and contained false representations regarding Dumas performance.” Dumas believes that this plan was merely a pretext for his eventual termination in November 2021, driven by the company’s dissatisfaction with his remote working arrangement. The lawsuit alleges discrimination and retaliation in violation of New York State Law, claiming that Kroll’s decision to terminate Dumas based on his medical accommodation consequently ended his career in the financial services and risk management industry. Federal, state, and local labor laws require employers to provide their employees with reasonable accommodations for any of the protected classes. Seek Legal Assistance Today&nbsp; Do you believe that your reasonable accommodation request was denied by your employer? If you need guidance from employment law specialists regarding your labor dispute, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In a recent lawsuit filed in Manhattan federal court, a former director of financial services compliance and regulation at the consulting firm Kroll alleges that he was a victim of wrongful termination after requesting to work remotely. Dennis Dumas experienced a series of medical issues shortly after joining the firm and found himself under pressure&hellip;</p>\\n"},{"id":22619,"path":"/blog/walmart-sued-for-retaliation-and-disability-discrimination","slug":"walmart-sued-for-retaliation-and-disability-discrimination","modified":"2023-07-05T14:38:50","title":"Walmart Sued for Retaliation and Disability Discrimination","content":"Portland, Oregon, USA  April 9, 2018 : Walmart store interior. is an American multinational corporation that runs large discount stores and is the worlds largest public corporation. A former Walmart employee, Carol Jones, recently filed a case against the retail giant in New Jersey claiming unlawful termination. She asserts that she was a victim of disability-based discrimination under the Law Against Discrimination (LAD) and the Family and Medical Leave Act (FMLA). The complaint was originally filed in the Law Division of the Superior Court of New Jersey in Atlantic County, but was recently moved to the United States District Court for the district of New Jersey. The move was due to a number of factors including the Court’s jurisdiction over Plaintiff’s federal law claim under the FMLA. &nbsp; What Happened? Jones began working for Walmart in July of 2017 as a meat and produce team lead. Her job responsibilities involved loading and unloading heavy boxes of almost 70lbs. Jones claims that on November 5th, 2022, she was working alone in a truck when she felt a ‘pop’ in her back&nbsp; with pain that followed.&nbsp; Although she ignored it at the time, she woke up the next morning in tremendous pain and claimed that she could not get out of bed. At this point she called her employer to report the injury and inform them of her inability to come to work that day. She made an incident report in-person with her supervisor on November 7th and was sent to see a physician afterward. The physician informed Jones that she was to be put on medical leave to attend physical therapy and instructed her to implement additional accommodations to aid with the healing process. Jones immediately returned to work with the doctor’s note and gave it to her supervisor. It was at this time that Jones was terminated for failing to report her injury when it occurred. Jones claims that she did not report her injury sooner because she did not realize the extent of her injury at the time it occurred, and mistakenly relegated her pain to general muscle soreness. Jones claims that the reasons for her dismissal from the company were solely due to discrimination on the basis of her disability under the New Jersey LAD, for exercising her rights under the Workers Compensation Act, and Walmart’s intent to interfere with her right to seek leave under the FMLA.&nbsp; Walmart’s Response Walmart has denied Jones’ allegations of disability-based discrimination and retaliation in violation of the New Jersey LAD, interference with her rights under the FMLA, and termination of employment in violation of public policy. Additionally, the company also denies Jones’ entitlement to any relief. The Defendants reference the November 5th injury incident to further denounce both of Jones’ claims that&nbsp; injured, the Defendants deny that there were no other associates to help her and that had to lift the heavy items without assistance. They assert that Jones’s injury was caused by her own negligence and that she failed to take reasonable steps to reduce the risk of injury. Lastly, the Defendants took a stance to express that none of their actions were malicious or motivated by ill will.&nbsp; Contact Working Solutions Today Have you been the victim of retaliation or disability discrimination? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former Walmart employee, Carol Jones, recently filed a case against the retail giant in New Jersey claiming unlawful termination. She asserts that she was a victim of disability-based discrimination under the Law Against Discrimination (LAD) and the Family and Medical Leave Act (FMLA). The complaint was originally filed in the Law Division of the&hellip;</p>\\n"},{"id":22614,"path":"/blog/johnson-johnson-and-ethicon-inc-sued-for-wrongful-termination-and-gender-discrimination","slug":"johnson-johnson-and-ethicon-inc-sued-for-wrongful-termination-and-gender-discrimination","modified":"2023-06-29T14:35:28","title":"Johnson &amp; Johnson and Ethicon Inc sued for wrongful termination and gender discrimination.","content":"Madrid, Spain  February 27, 2022: Facade of Johnson and Johnson pharmaceutical office in Madrid, Spain\\n  On June 5th, 2023, an official complaint was filed against two major corporations, Johnson &amp; Johnson and Ethicon Inc, with the demand of a jury trial. This civil action lawsuit was brought forth by a former senior scientist, Jing Kong, the plaintiff, who is claiming she was wrongfully terminated and has induced serious financial and emotional damages as a result of their decision. Ms. Kong’s claims that she was wrongfully terminated three months after she disclosed to her supervisors that she was pregnant. When she disclosed this information, not only did her supervisors continuously pressured her to seek childcare in order to continue working without interruption. However, she refused and instead decided to default on her protected leave rights under the Family Medical Leave Act (FMLA), which led to her termination. When she asked for an explanation, she was told that the reason for her dismissal was due to her failure to seek childcare during the years of the pandemic. They claimed that it did not allow her to work in person as frequently as needed and required. Ms. Kong is now refuting this claim by providing time stamps of her presence in the office during said time including an award that she was nominated for in 2021, by the former CEO, for her “unwavering dedication” of onsite services through the pandemic. Additionally, Ms. Kong is declaring that her termination was a form of retaliation for observing her rights under the FMLA and NJFLA, and also a form of gender-based discrimination under the NJLAD.  The Law  &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The aforementioned lawsuit involves three legal statutes. The first is the Family Medical Leave Act (FMLA), which grants up to twelve workweeks of job-protected unpaid leave in a 12-month period to individuals who need to be absent for medical concerns, new-children bonding, or military-related reasons. The second is the New Jersey Family Leave Act (NJFLA) which provides similar job security to that of the FMLA. This law grants 12-weeks of unpaid leave within a 24-month time frame as long as their employer has 50 or more employees and has worked 20 or more weeks during the last 24 months. The third and final piece of legislation being cited is the New Jersey Law Against Discrimination (NJLAD), which prohibits discrimination and harassment based on actual or perceived race, religion, national origin, gender, sexual orientation, gender identity or expression, disability, and other protected characteristics. Contact the Working Solutions Law Firm Are you being denied the right to time off as a result of medical complications? Or discriminated against for it? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646)-430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>         On June 5th, 2023, an official complaint was filed against two major corporations, Johnson &amp; Johnson and Ethicon Inc, with the demand of a jury trial. This civil action lawsuit was brought forth  by a former senior scientist, Jing Kong, the plaintiff, who is claiming she was wrongfully terminated and has induced serious financial&hellip;</p>\\n"},{"id":22590,"path":"/blog/have-you-received-an-unfair-severance-package-contact-working-solutions-today","slug":"have-you-received-an-unfair-severance-package-contact-working-solutions-today","modified":"2023-06-29T13:01:12","title":"Have You Received An Unfair Severance Package? Contact Working Solutions Today!","content":"Has your employer handed you an unfair severance package? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;severance, discrimination, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Has your employer handed you an unfair severance package? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;severance, discrimination, and&hellip;</p>\\n"},{"id":22606,"path":"/blog/what-you-should-know-about-severance-pay","slug":"what-you-should-know-about-severance-pay","modified":"2023-06-28T16:17:07","title":"What you Should Know About Severance Pay","content":"Severance pay is compensation for an employee who is separating from their employer. When an employee leaves a company, the employer will typically present them with a severance package and agreement to sign. Since severance agreements are unique to each company, iIt is essential for employees to read their severance agreement carefully and advisable to consult a lawyer for additional review. There is no requirement for an employer to provide severance pay under the Fair Labor Standards Act, so it is an agreement that is completely determined by the employer and employee relationship. In a severance agreement, companies may offer compensation in a lump sum or installments in addition to the following:&nbsp; \\nUnpaid vacation time, holiday pay, and sick leave&nbsp; Payment of health insurance for a short length of time&nbsp; Continuation of disability income insurance or life insurance&nbsp; Assistance with the employee’s job search.&nbsp;&nbsp;\\n Who is Typically Offered Severance Pay? Companies tend to offer severance pay in certain scenarios. Typically, employers offer severance pay to employees who are retiring or have mutually agreed to leave the organization. However, businesses may also offer severance pay during downsizing or restructuring to employees who are laid off as a result. While it is rare, organizations may also offer severance pay to employees who are terminated.  \\n In some of these instances, companies offer severance agreements because they too can benefit from them.&nbsp; For example, severance pay can protect employers from an employee pursuing legal action for discrimination, unpaid wages, and/or wrongful termination. It can also fulfill the employees initial contract with the company, promising severance pay upon their leave.&nbsp; Finally, the agreement may include a non-disparagement clause which prevents the employee from spreading any negative comments about the company. Is Severance Pay Taxable? Severance pay is taxable, just like an employee’s former income.&nbsp; Employees should be aware that severance pay is taxed as it may impact their severance agreement negotiations with their employer.&nbsp; If the offered pay isn’t enough to cover an employee’s temporary cost of living, they may want to request higher severance pay.&nbsp; Contact the Working Solutions Law Firm Did your employer offer you a severance pay agreement? If so, seek legal consultation from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Severance pay is compensation for an employee who is separating from their employer. When an employee leaves a company, the employer will typically present them with a severance package and agreement to sign. Since severance agreements are unique to each company, iIt is essential for employees to read their severance agreement carefully and advisable to&hellip;</p>\\n"},{"id":22600,"path":"/blog/amazon-workers-argue-for-class-certification-in-labor-case","slug":"amazon-workers-argue-for-class-certification-in-labor-case","modified":"2023-06-28T15:28:47","title":"Amazon Workers Argue for Class Certification in Labor Case","content":"In the ongoing legal battle between a group of Amazon employees and the retail giant, workers have raised objections against the recommendations of Magistrate Judge Barbara McAuliffe, who is presiding over the case. Arguing that their claims should be resolved on a classwide, rather than individual basis, the workers seek class certification in order to ensure that all affected individuals can receive proper redress. Background  In June 2023, Amazon workers filed an objection to Judge McAuliffe’s revisions to previous recommendations for partial certification back in June 2021. The initial recommendations suggested certifying five groups of Amazon fulfillment and distribution workers in California who claimed labor law violations including but not limited to, inadequate pay and a failure to provide required breaks and wage statements. In May 2022, workers requested that this initial recommendation be reconsidered and were granted an additional review. Now, they are claiming that the second recommendation wrongfully excluded certain claims that could be resolved through class certification.&nbsp; What is Class Certification? Class certification is a legal process that allows a group of people with similar claims to join together as a “class” and pursue a case collectively. In employment law, it is an important way for workers to seek justice in a more efficient and cost-effective manner. It consolidates numerous claims, pooling individual resources – and allows individuals with limited financial means to access legal representation.&nbsp; The Judge’s “Improper” Assessments The workers brought many claims under the Fair Labor Standards Act (FLSA), including mandatory exit screening, rounding, and required rest periods. According to the plaintiffs , such claims, which were dismissed by Judge McAuliffe, should have been certified because they share common evidence and legal arguments. For example, in the issue of mandatory exit screening time, which involves whether or not the “spent by class members traveling to and through the mandatory exit security process after clocking out is compensable as hours worked,” could be determined for the entire group at once. By denying class certification for these claims, the plaintiffs allege that the judge missed an opportunity to collectively address the concerns of all impacted workers.&nbsp; The workers also claim that Judge McAuliffe made improper assessments on the merits of the claims instead of focusing solely on whether class certification was appropriate – arguing that the judges revised report failed to distinguish between these two aspects.&nbsp; Furthermore, the workers emphasize that the variation in damages among class members should not prevent class certification. With reference to federal and state laws on the matter, the plaintiffs argue that individual differences in damages should not outweigh the benefits of certifying the class, which would allow for collective action and potentially, greater efficiency in resolving their claims. Seek Legal Assistance Today&nbsp; Workers should stay informed about their rights and legal options. If you need guidance from employment law specialists regarding your labor dispute, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In the ongoing legal battle between a group of Amazon employees and the retail giant, workers have raised objections against the recommendations of Magistrate Judge Barbara McAuliffe, who is presiding over the case. Arguing that their claims should be resolved on a classwide, rather than individual basis, the workers seek class certification in order to&hellip;</p>\\n"},{"id":22597,"path":"/blog/state-farm-franchise-accused-of-misclassifying-insurance-agents","slug":"state-farm-franchise-accused-of-misclassifying-insurance-agents","modified":"2023-06-27T15:44:40","title":"State Farm Franchise Accused of Misclassifying Insurance Agents","content":"A former State Farm insurance agent producer has accused one of the company’s local franchises of misclassifying him as an overtime exempt employee and wrongfully denying him his full wages. Filed in George federal court, Kevin Hyatt named franchise owner Brian Jarrett in a lawsuit for violating the Fair Labor Standards Act, which protects an employee’s rights to overtime compensation, minimum wage, and similar regulations for fair pay.  In the filed complaint, the former insurance agent producer said his job duties included the development of client relationships in addition to selling and processing insurance policies. The plaintiff also said he had office cleaning duties. Although he typically worked around 50 hours a week, he was denied overtime pay for the extra 10 hours worked despite not meeting the FLSA’s salary requirements.  Exemptions to Overtime Pay for Insurance Agents&nbsp; The defendant in the State Farm case may have misapplied FLSA exemptions to overtime pay. Although Kevin Hyatt earned a salary for his insurance agent position, his complaint stated that on average he earned $481 per week. For salaried employees to be overtime exempt, the FLSA requires that they earn at least $684 per week. Salaried employees must also have job duties from at least one other exempted position such as executive, administrative, or professional work.&nbsp; A proposed class action lawsuit against Geico alleges similar problems of misclassification of insurance agents. The nature of insurance as white collar work does not necessarily disqualify its employees from earning overtime pay, for their additional time worked over 40 hours in a week. Employees who engage in labor such as routine cleaning, opening and closing facilities, or other hourly work may qualify for overtime compensation. Consult an attorney at the Working Solutions Law Firm for a free evaluation of your potential claim.&nbsp; Contact the Working Solutions Law Firm&nbsp; Have you been misclassified in your position or denied overtime compensation? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former State Farm insurance agent producer has accused one of the company’s local franchises of misclassifying him as an overtime exempt employee and wrongfully denying him his full wages. Filed in George federal court, Kevin Hyatt named franchise owner Brian Jarrett in a lawsuit for violating the Fair Labor Standards Act, which protects an&hellip;</p>\\n"},{"id":22593,"path":"/blog/are-you-missing-your-overtime-wages-contact-working-solutions-today-2","slug":"are-you-missing-your-overtime-wages-contact-working-solutions-today-2","modified":"2023-06-27T14:28:19","title":"Are You Missing Your Overtime Wages? Contact Working Solutions Today!","content":"Are you missing your overtime wags from your employer? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime,&nbsp;discrimination,&nbsp;and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you missing your overtime wags from your employer? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages&hellip;</p>\\n"},{"id":22603,"path":"/blog/working-solutions-nyc-announces-new-class-action-on-employment-law-issues-in-us-district-court-eastern-district-of-new-york","slug":"working-solutions-nyc-announces-new-class-action-on-employment-law-issues-in-us-district-court-eastern-district-of-new-york","modified":"2023-06-29T02:28:21","title":"Working Solutions NYC Announces New Class Action On Employment Law Issues in US District Court, Eastern District Of New York","content":"Working Solutions NYC, a team of attorneys working on employment law issues such as misclassification and unpaid wages issues under New York and federal law at https://www.workingsolutionsnyc.com/, is announcing a new class action filed in US District Court, Eastern District of New York. The case is Patsy Bucciero, Julius Baumgardt, And Ruth Gardner vs. Amrock, Llc and is Case 7:23-cv-04953-PMH. It can be retrieved at https://www.nyed.uscourts.gov/. &nbsp; \\n Journalists, media representatives, and other interested parties are encouraged to reach out to our law firm for more information about this important employment law case in New York, NY, explained Chris Q. Davis, managing partner at the law firm. However the case is decided, our job as employment lawyers is to represent the rights of employees who are seeking to be correctly classified and justly paid for overtime and other work efforts. Persons who want to review the complaint are encouraged to visit the District Court website listed above, or visit the firms New York City contact page at https://www.workingsolutionsnyc.com/nyc and request a call. A critical issue in the case is unpaid wages and overtime. Thus for the general reader, the law firm has an informational page on that issue at https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime. That informational page for the general public outlines the fundamental issues related to wage disputes and overtime compensation, elucidating the rights of employees and the responsibilities of employers. Any person in New York who may feel that they have been subject to unpaid wages or overtime, misclassification, etc., is encouraged to reach out to the law firm for a confidential evaluation. FINDING AN EMPLOYMENT LAWYER IN NEW YORK CITY New York City witnesses a significant number of employment issues. The Working Solutions NYC Law Firm offers a valuable resource for New York City residents to familiarize themselves with their rights as employees. First, New York City boasts a robust framework of laws and safeguards designed to protect employees, rendering it imperative to comprehend ones entitlements and available courses of action. Second, consulting with an attorney well-versed in the landscape of NYs employment sector can furnish tailored guidance and representation, tailored to the unique circumstances of each case. Finally, an attorney experienced in employment law can navigate the legal terrain surrounding severance negotiations, sexual harassment claims, wage disputes, and overtime issues. ABOUT WORKING SOLUTIONS NYC Working Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>Working Solutions NYC, a team of attorneys working on employment law issues such as misclassification and unpaid wages issues under New York and federal law at https://www.workingsolutionsnyc.com/, is announcing a new class action filed in US District Court, Eastern District of New York. The case is &#8220;Patsy Bucciero, Julius Baumgardt, And Ruth Gardner vs. Amrock,&hellip;</p>\\n"},{"id":22585,"path":"/blog/working-solutions-law-firm-announces-new-class-action-on-employment-law-issues-in-us-district-court-eastern-district-of-new-york","slug":"working-solutions-law-firm-announces-new-class-action-on-employment-law-issues-in-us-district-court-eastern-district-of-new-york","modified":"2023-06-22T17:39:28","title":"Working Solutions Law Firm Announces New Class Action On Employment Law Issues in US District Court, Eastern District Of New York","content":"New York, NY  June 23, 2023. The Working Solutions Law Firm, a team of attorneys working on employment law issues such as misclassification and unpaid wages issues under state and federal law at https://www.workingsolutionsnyc.com/, is announcing a new class action filed in US District Court, Eastern District of New York. The case is Patsy Bucciero, Julius Baumgardt, And Ruth Gardner vs. Amrock, Llc and is Case 7:23-cv-04953-PMH. It can be retrieved at https://www.nyed.uscourts.gov/.  Journalists, media representatives, and other interested parties are encouraged to reach out to our law firm for more information about this important employment law case in New York, NY, explained Chris Q. Davis, managing partner at the law firm. However the case is decided, our job as employment lawyers is to represent the rights of employees who are seeking to be correctly classified and justly paid for overtime and other work efforts. Persons who want to review the complaint are encouraged to visit the District Court website listed above, or visit the firms New York City contact page at https://www.workingsolutionsnyc.com/nyc and request a call.&nbsp; A critical issue in the case is unpaid wages and overtime. For the general reader, the law firm has an informational page on that issue at https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime. The informational page outlines the fundamental issues related to wage disputes and overtime compensation, elucidating the rights of employees and the responsibilities of employers. Any person in New York who may feel that they have been subject to unpaid wages or overtime, misclassification, etc., is encouraged to reach out to the law firm for a free, confidential evaluation. Finding an Employment Lawyer in New York City New York City witnesses a significant number of employment issues. The Working Solutions Law Firm offers a valuable resource for New York City residents to familiarize themselves with their rights as employees. First, New York City boasts a robust framework of laws and safeguards designed to protect employees, rendering it imperative to comprehend ones entitlements and available courses of action. Second, consulting with an attorney well-versed in the landscape of NYs employment sector can furnish tailored guidance and representation, tailored to the unique circumstances of each case. Finally, an attorney experienced in employment law can navigate the legal terrain surrounding severance negotiations, sexual harassment claims, wage disputes, and overtime issues. About the Working Solutions Law Firm The Working Solutions Law Firm has offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation free consultation. Contact us at WorkingSolutionsNYC.com today.&nbsp;","excerpt":"<p>New York, NY &#8211; June 23, 2023. The Working Solutions Law Firm, a team of attorneys working on employment law issues such as misclassification and unpaid wages issues under state and federal law at https://www.workingsolutionsnyc.com/, is announcing a new class action filed in US District Court, Eastern District of New York. The case is &#8220;Patsy&hellip;</p>\\n"},{"id":22578,"path":"/blog/prevailing-wages-what-are-they-and-whos-covered","slug":"prevailing-wages-what-are-they-and-whos-covered","modified":"2023-06-22T17:05:59","title":"Prevailing Wages: What are they and Who’s Covered","content":"Under the New York State Labor Law, contractors and subcontractors are required to pay prevailing wages to all workers, laborers, and mechanics under a public work contract. What are Prevailing Wages?  Prevailing Wages are the wage and benefit rates set every year by the New York City Comptroller, this includes hourly wage, overtime wage, and usual benefits. Prevailing wages are set only for trades where employers perform public works projects and building service work on New York City government-funded work sites. The prevailing wages are calculated as an average from other employees working similar positions in the area. Prevailing Wage Schedules can be accessed here, but keep in mind that wage schedules are required to be posted on all public work job sites. Supervisors and foremen that only oversee workers are not covered, while supervisors that work with tools are to be paid at the prevailing wage rate. Who Qualifies for Prevailing Wages? The Bureau of Public Work covers the payment of prevailing wages under Articles 8 and 9 of the New York State Labor Law, which outline the kinds of job positions entitled to prevailing wages&nbsp; \\nArticle 8 applies to projects for a public agency for construction and reconstruction Article 9 applies to building service contracts of over $1,500 (annually) for a public agency for janitorial staff, security guards, delivery of fossil fuels, and moving of furniture and equipment\\n What other job positions are entitled to prevailing wages:&nbsp; \\nPositions that improve public infrastructure like subway cleaners and electricians Contractors performing public work or building services for the city Positions employed through a contracted organization that work to maintain public city buildings, such as custodians or IT associates\\n Any employee entitled to prevailing wages can file a complaint for suspected underpaid wages with the Department of Labor, but remember, complaints must be submitted within two years of the occurrence.&nbsp;&nbsp; Contact Us Not sure whether you’re owed a prevailing wage? Seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Under the New York State Labor Law, contractors and subcontractors are required to pay prevailing wages to all workers, laborers, and mechanics under a public work contract. What are Prevailing Wages?&nbsp; Prevailing Wages are the wage and benefit rates set every year by the New York City Comptroller, this includes hourly wage, overtime wage, and&hellip;</p>\\n"},{"id":22580,"path":"/blog/high-end-manhattan-restaurant-faces-class-action-from-its-servers","slug":"high-end-manhattan-restaurant-faces-class-action-from-its-servers","modified":"2023-06-22T16:16:28","title":"High-End Manhattan Restaurant Faces Class Action From Its Servers","content":"A former server at a high-end Italian restaurant on Manhattans Upper East Side has filed a proposed collective class action lawsuit against his former employer, Primola Restaurant, and owner Djuliano Zuliani. Giuseppe Quaglia alleges that he and his co-workers were paid solely with tips despite working long full-time shifts, violating the federal Fair Labor Standards Act (FLSA) and the New York Labor Law. Primola and its representatives have not yet responded to the allegations. The restaurant, known for offering premium Italian food and a fine dining experience, has served numerous celebrities according to press reports and its Facebook page. Who qualifies in the class action? The proposed class consists of over 40 members who can be identified through Primolas payroll and personnel records. Quaglias FLSA claims represent tipped employees, including servers, runners, and bussers, who have worked at the restaurant in the past six years. What happened according to the lawsuit? According to the lawsuit, Quaglia and the proposed class members were never compensated with a base pay for the number of hours they worked. Instead, they relied solely on tips received through a tip pool, which were distributed in cash following the end of their shifts. The servers did not receive wage statements nor notices about their pay rates, as required by the New York Labor Law, due to the restaurants alleged failure to track daily tips or maintain accurate records. Quaglia, who worked at Primola for approximately two months in 2022, claims that he regularly worked five to seven days a week, starting from 3 p.m. and sometimes until after 10 p.m.. He discussed these working conditions with his co-workers, who also reported similar schedules. The lawsuit states that Primola servers were required to perform non-tipped side work for at least 20% of their workdays before their shifts began. They were expected to prepare the restaurant for service and set tables without receiving any pay before the restaurant’s regularly scheduled opening at 5 p.m. The servers also claim they were not provided with scheduled meal breaks and were only permitted a brief break of 15 minutes per workday if meals were provided to them.  Federal and State Labor Laws Regarding Wages and Tipped Work The lawsuit mentions that Primola and its owner knowingly and willfully failed to pay Quaglia, the FLSA collective members, and the proposed class members their full and proper wages for all hours worked, thus in violation of the FLSA and New York Labor Law. Quaglia and the proposed class are seeking unpaid minimum wages and overtime wages under the FLSA and New York Labor Law, as well as liquidated damages resulting from the defendants failure to pay the full and proper wages for all hours worked. Seek Legal Assistance Today&nbsp; It is important for employers to understand and comply with wage laws to ensure fair and lawful compensation for all of their employees. If you believe that your employer’s practices are infringing on your federal and state labor laws, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former server at a high-end Italian restaurant on Manhattan&#8217;s Upper East Side has filed a proposed collective class action lawsuit against his former employer, Primola Restaurant, and owner Djuliano Zuliani. Giuseppe Quaglia alleges that he and his co-workers were paid solely with tips despite working long full-time shifts, violating the federal Fair Labor Standards&hellip;</p>\\n"},{"id":22558,"path":"/blog/are-you-experiencing-religious-discrimination-at-work-contact-working-solutions-today","slug":"are-you-experiencing-religious-discrimination-at-work-contact-working-solutions-today","modified":"2023-06-22T14:19:32","title":"Are You Experiencing Religious Discrimination At Work? Contact Working Solutions Today!","content":"Is your employer discriminating against you because of your religion? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, harassment, and&nbsp;severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer discriminating against you because of your religion? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, harassment,&hellip;</p>\\n"},{"id":22570,"path":"/blog/laa-construction-corp-faces-lawsuit-for-overtime-violations-and-unpaid-wages-why-should-you-be-aware-of-this","slug":"laa-construction-corp-faces-lawsuit-for-overtime-violations-and-unpaid-wages-why-should-you-be-aware-of-this","modified":"2023-06-22T02:18:18","title":"LAA Construction Corp Faces Lawsuit for Overtime Violations and Unpaid Wages: Why Should You Be Aware of This?","content":"Arevalo v. LAA Construction Corp is a collective class lawsuit that was officially filed on June 9, 2023. The designated Plaintiffs, Jose Moncada and Crisitian Arevalo, would typically work on Monday-Friday from 7:00AM to 4:00PM with occasional additional shifts. While employed at LAA Construction Corp, both Moncada and Arevalo worked as brick and concrete workers, and at times Mr. Moncada would double as a foreman. While the length of time the Plaintiffs worked for the corporation differed,&nbsp; both Moncada and Arevalo&nbsp; consistently worked over 40-hours a week, therefore making them eligible for specific overtime provisions under the Fair Labor Standards Act and New York Labor Law. According to the case filed , the LAA Construction Crop. failed to comply with outlined regulations under federal law. The defendants allegedly failed to pay both individuals for their last 2-3 weeks of work, while simultaneously violating the frequency of pay requirements, as stated in the NYLL § 191. The company’s alleged infraction of these three protected rights are by far not uncommon practices in the workplace and are often seen across the country.&nbsp; The Law There are two main takeaways to be made from the aforementioned lawsuit. Firstly, if you work more than 40-hours a week, every hour in addition to the forty is entitled to time-and-a-half under the NYLL (Section 652) and the FLSA (Section 206). Therefore, if you believe you have not been properly compensated for your overtime hours consult an employment attorney for a chance to recover any damages. The second takeaway to be made is in regards to unpaid wages:&nbsp; under the NYLL (Section 198,1-a) and FLSA (Section 216b), if you have billable hours that have gone unpaid, then you are entitled to recover the missing wages from your employer with an additional interest. While a number of these laws are specifically tailored to the state of New York, federal laws protect employees across the country. Contact the Working Solutions Law Firm&nbsp; Have you been improperly paid? Or have unpaid wages? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646)-430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Arevalo v. LAA Construction Corp is a collective class lawsuit that was officially filed on June 9, 2023. The designated Plaintiffs, Jose Moncada and Crisitian Arevalo, would typically work on Monday-Friday from 7:00AM to 4:00PM with occasional&nbsp; additional shifts. While employed at LAA Construction Corp, both Moncada and Arevalo worked as brick and concrete workers,&hellip;</p>\\n"},{"id":22567,"path":"/blog/fedex-sued-for-religious-and-disability-discrimination","slug":"fedex-sued-for-religious-and-disability-discrimination","modified":"2023-06-21T16:56:36","title":"FedEx Sued for Religious and Disability Discrimination","content":"A former FedEx employee claims that the company wrongfully terminated him. The employee, who identifies as a Johavah’s Witness and suffers from narcolepsy, claimed in his initial lawsuit that he was fired on the basis of race, disability, and religious discrimination. While his race-based discrimination claim failed, a North Carolina federal judge denied FedEx’s motion to dismiss because it found that his religious and disability claims could continue.  What transpired? Dingle was a swing courier for FedEx for over a decade. His race discrimination claim failed because he did not identify his race or national origin on his filing with the U.S. Equal Employment Opportunity Commission, but his allegations under the Americans with Disabilities Act and Title VII for religious discrimination will continue. US District Judge Max O. Cogburn Jr. denied FedEx’s motion to dismiss on Friday, June 9.  \\n Dingle claims that FedEx denied his requested religious and disability accommodations for many years. Dingle asked to work morning shifts on several occasions to accommodate his narcolepsy; he asked to leave work no later than 6pm every day because of his religious observance.&nbsp; While FedEx allowed Dingle to only work morning shifts following his request for a period of time, Dingle’s EEOC charge implies that FedEx stopped this accommodation at some point before he was terminated.&nbsp; He believes he was ultimately terminated due to his requests for accommodations.&nbsp;&nbsp; What does FedEx Argue?&nbsp; FedEx argued to dismiss Dingle’s religious discrimination claim because he did not exhaust his administrative remedies and he didn’t include it in his initial allegations.&nbsp; FedEx claims that it accommodated Dingle’s request for morning shifts for a number of years.&nbsp; The company additionally states that Dingle wasn’t diagnosed with narcolepsy until nine years after his request for religious accommodations.&nbsp; FedEx provided him with a new route to accommodate his narcolepsy, but that route would impact his religious accommodations.&nbsp; FedEx stated that the company simply could not find an available position to fulfill his religious and disability accommodations. Onone hand, FedEx claims that Dingle was fired in November 2021 because he didn’t return from a leave after he refused the available roles that FedEx offered him.&nbsp; On the other, Dingle says he never agreed to go on leave and wasn’t aware of the positions.&nbsp; Seek Legal Assistance Today&nbsp; Have you been the victim of religious or disability discrimination? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former FedEx employee claims that the company wrongfully terminated him.  The employee, who identifies as a Johavah’s Witness and suffers from narcolepsy, claimed in his initial lawsuit that he was fired on the basis of race, disability, and religious discrimination.  While his race-based discrimination claim failed, a North Carolina federal judge denied FedEx’s motion&hellip;</p>\\n"},{"id":22562,"path":"/blog/fair-labor-standards-act-guide-minimum-wages","slug":"fair-labor-standards-act-guide-minimum-wages","modified":"2023-06-21T13:54:56","title":"Fair Labor Standards Act Guide: Minimum Wages","content":"The Fair Labor Standards Act (FLSA) enumerates legal requirements for setting minimum wages, overtime regulations, tipped employees, and enforcing child labor laws. The Federal law affects full-time and part-time workers in the private sector and those who work in federal, state, and local government positions. The FLSA is a general guide for employees to understand their right to earn reasonable wages for their time worked.  However, the Act does not establish standards for all employee benefits. Employees’ vacation and holiday time, number of days for paid sick-leave, and their overall compensation are left for individual employers to decide. Individuals may be surprised to learn that the FLSA also does not outline any requirements pertaining to reasons for termination, notices, or immediate final wage payments. This, nevertheless, does not permit wrongful terminations, such as those that violate other laws including the Civil Rights Act of 1964 and The Americans with Disabilities Act. The FLSAdoes explicitly prohibit retaliation against employees who file complaints against their superiors for any reason.&nbsp; Minimum Wages for Hourly, Tipped, and Youth Employees Under the Fair Labor Standards Act&nbsp; You may be wondering who is covered under the Fair Labor Standards Act. In the digital age, most businesses are encompassed under and held to the federal law. Businesses that have work engaging with “interstate commerce” are responsible for following and upholding the FLSA requirements. This means companies that conduct operations in other states, work with vendors based in other states, or sell products to clients in other states are still held liable under the FLSA.&nbsp; The Federal minimum wage is enforced with the FLSA. Since 2009, the wage has been set at $7.25/hour for W-2 employees. Workers who qualify for overtime compensation are required to earn no less than one-and-a-half times their hourly pay rate. It is important to note that many states have established their own minimum wage standards. Failing to meet your state’s minimum wage rule, which is the preeminent regulation, can result in serious legal penalties.&nbsp; Federal minimum wage rules can differ based on industry. People who work in tipped professions may earn a lesser amount for their hourly rate, which is to be substantiated by their tips earned. Individuals who regularly earn more than $30/month in tips alone may qualify for a Federal minimum wage that is calculated with the additional earnings in mind. The FLSA minimum wage for tipped workers is $2.09/hour.&nbsp; For their first 90 days of work, employees under the age of 20 years old may earn $4.25/hour to serve as a trial period. The FLSA explicitly prohibits employers from neglecting other employees in favor of youth hires, stating that “employers are prohibited from taking any action to displace employees in order to hire employees at the youth minimum wage.” Contact the Working Solutions Law Firm Today! Have your rights under the Fair Labor Standards Act been violated? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The Fair Labor Standards Act (FLSA) enumerates legal requirements  for setting minimum wages, overtime regulations, tipped employees, and enforcing child labor laws. The Federal law affects full-time and part-time workers in the private sector and those who work in federal, state, and local government positions. The FLSA is a general guide for employees to understand&hellip;</p>\\n"},{"id":22554,"path":"/blog/are-you-facing-disability-discrimination-at-work-contact-working-solutions-today-2","slug":"are-you-facing-disability-discrimination-at-work-contact-working-solutions-today-2","modified":"2023-06-20T18:09:07","title":"Are You Facing Disability Discrimination At Work? Contact Working Solutions Today!","content":"Is your employer discriminating against you because you have a disability? If so, contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including discrimination, retaliation, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Is your employer discriminating against you because you have a disability? If so, contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including&hellip;</p>\\n"},{"id":22536,"path":"/blog/are-you-facing-racial-bias-at-work-contact-working-solutions-today","slug":"are-you-facing-racial-bias-at-work-contact-working-solutions-today","modified":"2023-06-15T23:06:02","title":"Are You Facing Racial Bias At Work? Contact Working Solutions Today!","content":"Are you the victim of racial bias in your workplace? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;retaliation, discrimination, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you the victim of racial bias in your workplace? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;retaliation, discrimination,&hellip;</p>\\n"},{"id":22544,"path":"/blog/equinox-to-pay-11-25-million-in-damages-for-race-and-gender-discrimination","slug":"equinox-to-pay-11-25-million-in-damages-for-race-and-gender-discrimination","modified":"2023-06-16T13:28:34","title":"Equinox to Pay $11.25 Million in Damages for Race and Gender Discrimination","content":"Last month, Equinox, a luxury fitness company, was ordered to pay a former employee, Robynn Europe, $11.25 million in damages for race and gender discrimination. Europe was a physical trainer at Equinox’s East 92nd street location on Manhattan’s Upper East Side from 2018 to 2019. Europe was quickly promoted to a management position, overseeing 15 employees. Nevertheless, she was fired in 2019, three months after reporting her coworker’s discriminatory behavior to the company.  Equinox claimed that the high-end fitness club fired Europe because she arrived late to work 47 times within the span of 10 months. Europe countered the company’s reasoning alleging that Equinox fired her in retaliation for reporting race and gender discrimination within the company. While Europe’s retaliation claim was initially dismissed last year, a jury of five women and three men awarded her $16,000 in economic damages, $1,250,000 in compensatory damages, and $10,000 in punitive damages in early May.&nbsp; A work environment can be considered hostile if a co-worker or manager subjects an employee to offensive and abusive behavior that impacts the employee’s mental health and work performance. In New York City, an individual must demonstrate that they received biased treatment compared to their co-workers because of one or more of their protected characteristics (race, age, religion, etc.) to prove that their work environment was hostile.&nbsp; Hostile Work Environment&nbsp; Europe cited a pattern of discriminatory incidents and comments that created a hostile work environment at Equinox. A manager reporting to Europe made inappropriate comments about Black female bodies. The manager called non-white employees “lazy” and expressed a desire to fire them. When a client specifically asked for a white trainer, another employee fulfilled the request without any hesitation. Europe’s lawyers provided evidence that other employees frequently showed up late to work, but they were not subjected to the same disciplinary consequences that Europe was. Equinox’s work environment caused Europe “substantial emotional distress,” negatively impacted her mental health, and exacerbated her existing struggle with bulimia. The jury’s quick decision and enormous calculation of damages in Europe’s case follows a recent pattern of jury decisions favoring victims of discrimination and sexual harassment at work. These decisions suggest that recent racial and gender social movements have influenced the population’s perspective on discrimination in the workplace.&nbsp; Contact the Working Solutions Law Firm Have you been the victim of race or gender discrimination? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Last month, Equinox, a luxury fitness company, was ordered to pay a former employee, Robynn Europe, $11.25 million in damages for race and gender discrimination. Europe was a physical trainer at Equinox’s East 92nd street location on Manhattan’s Upper East Side from 2018 to 2019. Europe was quickly promoted to a management position, overseeing 15&hellip;</p>\\n"},{"id":22533,"path":"/blog/do-you-have-questions-about-overtime-pay-contact-working-solutions-today","slug":"do-you-have-questions-about-overtime-pay-contact-working-solutions-today","modified":"2023-06-13T18:36:54","title":"Do You Have Questions About Overtime Pay? Contact Working Solutions Today!","content":"Do you have questions about your overtime payments? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime, discrimination, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about your overtime payments? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime,&hellip;</p>\\n"},{"id":22540,"path":"/blog/unions-must-plan-strikes-to-avoid-company-damages-supreme-court-rules","slug":"unions-must-plan-strikes-to-avoid-company-damages-supreme-court-rules","modified":"2023-06-12T19:35:29","title":"Unions Must Plan Strikes to Avoid Company Damages, Supreme Court Rules","content":"Unions will need to take cautionary measures in their plans to go on strike so that they do not damage an employers’ property while protesting, the Supreme Court suggested in its recent ruling. The Supreme Court ruled in favor of Glacier Northwest last week, a concrete company that had to discard several loads of mixed concrete after it spoiled while drivers went on strike. Glacier Northwest sued Teamsters Local 174, accusing the union of timing their strike recklessly and resulting in the company’s undue cost of lost product.  Glacier Northwest’s lawsuit was initially tried in Washington state court in December 2017 and was dismissed, with the judge drawing a line between intentionally vandalized property and strikers causing products to spoil. The dismissal was upheld by the Washington Supreme Court in late 2021 after the company appealed its first ruling. Glacier Northwest appealed the decision again to the U.S. Supreme Court, where they won the case in an 8-1 decision.  Who Regulates Union Strikes? A longstanding rule from the 1959 Supreme Court case San Diego Building Trades Council v. Garmon held that state and federal courts should rely on the National Labor Relations Board (NLRB) to oversee activity, including strikes, subject to the National Labor Relations Act.&nbsp; Historically, the Supreme Court has deferred to the National Labor Relations Board (NLRB) for authority on labor disputes. But in a contemporary review of the practice, a majority of the Court symbolically modified the claims “arguably” protected by the NLRA and created room for companies to bring claims against their unionized workers directly to court.&nbsp; In her sole dissent, Justice Ketanji Brown Jackson criticized the majority opinion saying it “threatens to both impede the boards uniform development of labor law and erode the right to strike.”&nbsp; Attorney Darin Dalmat, who represented the union, resolved that the Court’s decision kept intact the “federally protected right to strike and the basic framework for determining when labor disputes should be decided by the National Labor Relations Board instead of state courts. Organized workers should take “reasonable precautions” to protect company property while on strike. For legal advice, consider consulting with an employment attorney at the Working Solutions Law Firm.&nbsp; Contact the Working Solutions Law Firm Has your employer violated your rights in the workplace?? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Unions will need to take cautionary measures in their plans to go on strike so that they do not damage an employers’ property while protesting, the Supreme Court suggested in its recent ruling. The Supreme Court ruled in favor of Glacier Northwest last week, a concrete company that had to discard several loads of mixed&hellip;</p>\\n"},{"id":22529,"path":"/blog/senior-living-care-operator-faces-class-action-over-improper-lunch-break-records","slug":"senior-living-care-operator-faces-class-action-over-improper-lunch-break-records","modified":"2023-06-09T14:52:59","title":"Senior Living Care Operator Faces Class Action Over Improper Lunch Break Records","content":"An Ohio-based senior living community operator, Altercare Inc., is facing a proposed class-action lawsuit with accusations of deducting meal times from the compensable working hours of its health care workers. The lawsuit mentions that despite understaffing issues that prevent workers from taking uninterrupted breaks, Altercare continues to deduct meal times from their pay, depriving its workers of wages and overtime compensation. The lawsuit, filed by former employees Hunter Savage and Alisa Cullen, alleges violations of the federal Fair Labor Standards Act (FLSA) and Ohio state wage laws. Violation of Meal Break Policy: According to the complaint filed in an Ohio federal court, Savage, Cullen, and other healthcare employees at Altercare were regularly prevented from taking uninterrupted meal breaks or had their breaks shortened to less than 30 minutes. The company, however, still deducted a daily meal break from their pay, even though it was impractical for them to take a full break due to being the sole healthcare provider on a care unit. The workers were responsible for attending to patients who required memory care, long-term nursing, or rehabilitation. Inadequate Reporting Process, Unpaid Wages, and Overtime Compensation: The lawsuit alleges that Altercare lacked an effective process for reporting unused or shortened meal breaks. As a result, the company paid workers as though they had taken a full 30-minute break every day, regardless of whether they had actually been able to do so. Savage, Cullen, and other hourly workers claim that Altercares failure to properly record their working hours resulted in unpaid wages and overtime compensation. Despite working more than 40 hours in some weeks, the workers missed out on additional compensation due to the meal break deductions. Savage and Cullen are seeking to represent a nationwide class of current and former hourly health care workers affected by Altercares meal break deduction policy within the last three years. They also seek to establish a subclass for affected Ohio workers within the last two years. The lawsuit seeks unpaid wages, legal fees, and a judgment against Altercare for failing to maintain accurate records. The complaint alleges that Altercare engaged in these practices knowingly and without a valid justification. Seek Legal Assistance Today&nbsp; It is important for employers to provide adequate and lawful breaks for their employees. If you believe that your employer’s practices are infringing on your federal and state labor laws, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>An Ohio-based senior living community operator, Altercare Inc., is facing a proposed class-action lawsuit with accusations of deducting meal times from the compensable working hours of its health care workers. The lawsuit mentions that despite understaffing issues that prevent workers from taking uninterrupted breaks, Altercare continues to deduct meal times from their pay, depriving its&hellip;</p>\\n"},{"id":22522,"path":"/blog/right-to-paid-sick-leave-during-poor-air-quality-days","slug":"right-to-paid-sick-leave-during-poor-air-quality-days","modified":"2023-06-09T12:26:57","title":"Right to Paid Sick Leave During Poor Air Quality Days","content":"On the evening of June 6th, New York City’s mayor Eric Adams released a statement regarding the current state’s air quality. The ongoing wildfires in Canada caused a mass spread of smoke and haze into the city that dramatically affected the air quality of all five boroughs. Multiple reports on the following day ranked the city as the most polluted city in the world. During this time, the New York State Department of Environmental Conservation issued an Air Quality Health Advisory for all five of these boroughs. Additionally, the EPA has continued to engage with various agencies to distribute fast and accurate information to the public. In spite of the unhealthy air conditions, mayor Adams advised New Yorkers to limit their outdoor activities, and for those with preexisting health concerns to stay indoors. For some, this situation has obligated individuals to pause their daily routines and stay at home in order to avoid potentially life threatening or worsening health conditions and to provide care for their loved ones. Nevertheless, due to the unforeseen nature of this issue, you may qualify for benefits under two different NYC Sick Leave legal statutes. Why This Matters for You Taking leave for respiratory-related health conditions during this hazardous air quality period is more than acceptable, and employers, under federal and state laws, are not allowed to retaliate (fire, demote, or otherwise punish) against you for taking such action.  For New Yorkers in particular, the right to take paid leave exists under the New York Paid Sick Leave law. The NYC Paid Safe and Sick Leave Law states that employees can take paid time off work in order to seek care and treatment for either themselves and/or family members. The number of sick leave days you can take, however, varies depending on the size of if your company based on the following: \\nEmployers with 100 or more employees must provide up to 56 hours of paid leave each calendar year. Employers with 5 to 99 employees must provide up to 40 hours of paid leave each calendar year. Employers with four or fewer employees and a net income of $1 million or more must provide up to 40 hours of paid leave each calendar year. Employers with four or fewer employees and a net income of less than $1 million must provide up to 40 hours of unpaid leave each calendar year. Employers with 1 or more domestic workers must provide up to 40 hours of paid leave each calendar year; employers with 100 or more domestic workers must provide up to 56 hours of paid leave each calendar year.&nbsp;\\n If you do not qualify for any of the pre-requisites stated above, you may still be eligible to take leave under the Family Medical Leave Act (FMLA).&nbsp; Contact the Working Solutions Law Firm Were you ever denied the right to paid or unpaid Sick Leave? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646)-430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>On the evening of June 6th, New York City’s mayor Eric Adams released a statement regarding the current state’s air quality. The ongoing wildfires in Canada caused a mass spread of smoke and haze into the city that dramatically affected the air quality of all five boroughs. Multiple reports on the following day ranked the&hellip;</p>\\n"},{"id":22484,"path":"/blog/are-you-missing-your-overtime-wages-contact-working-solutions-today","slug":"are-you-missing-your-overtime-wages-contact-working-solutions-today","modified":"2023-06-08T16:55:33","title":"Are You Missing Your Overtime Wages? Contact Working Solutions Today!","content":"Are you missing your overtime wages from your employer? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime, severance, and&nbsp;retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you missing your overtime wages from your employer? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages&hellip;</p>\\n"},{"id":22502,"path":"/blog/trailer-drivers-denied-overtime-pay-at-kia-plant-file-class-action-lawsuit","slug":"trailer-drivers-denied-overtime-pay-at-kia-plant-file-class-action-lawsuit","modified":"2023-06-07T20:02:57","title":"Trailer Drivers Denied Overtime Pay at Kia Plant File Class Action Lawsuit","content":"Trailer drivers at a Kia plant filed a class action lawsuit against the transportation company, ATX Logistics, claiming that they were not compensated for their overtime work. In the suit, the trailer drivers allege that they worked from 45 to 65 hours per week, but were not paid for their labor beyond 40 hours.&nbsp;&nbsp; The trailer drivers filed the complaint against ATX Logistics, a company that provides transportation services to Kia at its Georgia automobile manufacturing plant.&nbsp; Christopher Leonard, Ladarius Hill, Kaylin Golden and DiaQuane Henry, the four plaintiffs who brought the complaint forward, were responsible for transporting trailers for ATX at the Georgia Kia plant. The trailer drivers are also referred to as yard jockeys.&nbsp; \\n The trailer drivers’ hourly wages spanned between $17.50 and $19.50 per hour and they worked between 45 and 65 hours per week.&nbsp; However, they were not compensated for any time worked beyond 40 hours. The trailer drivers’ complaint states that Defendants have failed to comply with the FLSA and pay their yard jockeys overtime wages, despite fully knowing that it is in violation of the FLSA.”&nbsp;&nbsp; The trailer drivers argue that ATX had a policy of refusing to compensate for overtime work. They seek to represent an FLSA collective of current and former yard jockeys at the Georgia Kia plant who were denied their rightful overtime wages any time between May 18, 2020, and the present. Overtime Pay and the Fair Labor Standards Act The Fair Labor Standards Act requires that covered nonexempt employees receive a minimum hourly wage of at least $7.25 and overtime pay. Covered nonexempt employees must receive at least a rate of one and one-half times their regular rate of pay for hours worked over 40 per workweek. Plaintiffs may assert FLSA claims individually or on behalf of similarly situated individuals in a collective action against their employer.&nbsp;&nbsp; Contact the Working Solutions Law Firm Today! Have you been denied overtime wages? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Trailer drivers at a Kia plant filed a class action lawsuit against the transportation company, ATX Logistics, claiming that they were not compensated for their overtime work.&nbsp; In the suit, the trailer drivers allege that they worked from 45 to 65 hours per week, but were not paid for their labor beyond 40 hours.&nbsp;&nbsp; The&hellip;</p>\\n"},{"id":22492,"path":"/blog/ohio-mexican-restaurant-chain-faced-with-class-action-tipping-lawsuit","slug":"ohio-mexican-restaurant-chain-faced-with-class-action-tipping-lawsuit","modified":"2023-06-06T22:40:04","title":"Ohio Mexican Restaurant Chain Faced with Class Action Tipping Lawsuit","content":"Toledo, Ohio-based Mexican restaurant chain Agave &amp; Rye LLC is currently facing a proposed class action lawsuit. One of its former bartenders is accusing the company of failing to pay the required minimum wage. The plaintiff, Brittney Santos, claims that Agave &amp; Rye took advantage of the tip credit system by counting tips toward workers compensation, while also making them perform unpaid side work. Agave &amp; Rye operates several restaurants across Ohio, Indiana, Kentucky, and Tennessee. Santos seeks to represent a nationwide class of all current and former bartenders who received tips as their wage from the company, extending as far back as three years ago.  The Allegations: Federal and State Labor Violations Santos complaint asserts two minimum wage violation claims against her former employer: one under the Fair Labor Standards Act (FLSA) and another under the Ohio Constitution. To address these alleged violations, she is seeking class certification, total damages equal to double the unpaid wages, as well as interest and attorney fees. According to Santos complaint filed in an Ohio federal court, Agave &amp; Rye paid its workers below the legal minimum wage by utilizing the tip credit system, which allows employers to count tips received by their employees towards their compensation. However, the complaint notes that the company also required its bartenders to perform substantial non-tipped work, including cleaning, bar and kitchen preparation, and restaurant closing. This additional work allegedly went unpaid, resulting in wages below the legal minimum.&nbsp; The tip credit system is intended to supplement wages earned by employees, not to replace the minimum wage requirements for non-tipped work. Santos claims that Agave &amp; Rye was ineligible to use the tipped minimum wage rate under the federal Fair Labor Standards Act (FLSA). During the periods in which employees performed side work, the restaurant compensated them “at the tipped minimum wage rate rather than at the full hourly minimum wage rate as required by FLSA.”&nbsp; Moreover, Santos argues that the Ohio Constitutions minimum wage section required the company to pay her and her fellow workers a full hourly wage, regardless of tips received. Minimum wage laws vary across different states in the United States. In New York, the minimum wage is determined based on the region and the size of the employer. In the hospitality industry, which includes employers such as restaurants and bars, there is a separate minimum wage for tipped employees. Seek Legal Assistance Today&nbsp; It is important for employers to understand and comply with minimum wage laws to ensure fair and lawful compensation for their employees. If you believe that your employer’s practices are infringing on your federal and state labor laws, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Toledo, Ohio-based Mexican restaurant chain Agave &amp; Rye LLC is currently facing a proposed class action lawsuit. One of its former bartenders is accusing the company of failing to pay the required minimum wage. The plaintiff, Brittney Santos, claims that Agave &amp; Rye took advantage of the tip credit system by counting tips toward workers&#8217;&hellip;</p>\\n"},{"id":22481,"path":"/blog/are-you-experiencing-unequal-pay-at-work-contact-working-solutions-today","slug":"are-you-experiencing-unequal-pay-at-work-contact-working-solutions-today","modified":"2023-06-06T14:41:07","title":"Are You Experiencing Unequal Pay At Work? Contact Working Solutions Today!","content":"Are you being paid unequally in your workplace? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including discrimination, unpaid wages &amp; overtime, and&nbsp;severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you being paid unequally in your workplace? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including discrimination, unpaid wages&hellip;</p>\\n"},{"id":22487,"path":"/blog/womans-lawsuit-against-city-of-chicago-for-discriminatory-pay-ends","slug":"womans-lawsuit-against-city-of-chicago-for-discriminatory-pay-ends","modified":"2023-06-05T20:55:19","title":"Woman’s Lawsuit Against City of Chicago for Discriminatory Pay Ends","content":"A female mailroom employee sued the city of Chicago for gender discrimination claims in the municipality’s pay practices. Angela Boyd, who filed the original suit pro se, alleged there to be unfair wage disparities between her and at least one other male colleague. She asserted in her lawsuit that her colleague performed the same tasks, but held a different title and earned a higher wage.  The judge on the case ultimately ruled in favor of Chicago. While it was noted that the male worker performed similar job duties to Boyd, further evidence revealed that he also held additional responsibilities that required skills beyond delivering mail. The judge found the two jobs to be “substantially different,” and thus, did not constitute a gender-biased pay matter.  Equal Pay Protections Individuals who perform similar job duties that “require the same level of skill, effort, and responsibility,” are entitled to equal compensation. This is a right protected by the Equal Pay Act, which was first signed into federal law in 1963 by President John F. Kennedy. The Act was adopted as an amendment to the Fair Labor Standards Act, which established rules such as a federal minimum wage and overtime regulations. The Equal Pay Act of 1963 fortified the FLSA and outlawed discriminatory pay practices on the basis of sex.&nbsp; In the case of Boyd v. City of Chicago, investigations into the work requirements of Angela and her male colleague revealed that the two had significantly different responsibilities in the workplace. Despite the male coworker engaging in routine mail deliveries like Angela, he also had to complete additional tasks that were not required of Boyd.&nbsp; This fundamental difference in work responsibilities enabled the municipality of Chicago to compensate the male worker at a higher rate. Nevertheless,suspicions of gender-based disparity in wages are worth exploring. If you believe your employer may be adjusting your wages based on your gender, contact the Working Solutions Law Firm for a free case evaluation and explore your options.&nbsp; Contact the Working Solutions Law Firm Today! Have you been the victim of discriminatory pay practices? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including discrimination, sexual harassment, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A female mailroom employee sued the city of Chicago for gender discrimination claims in the municipality’s pay practices. Angela Boyd, who filed the original suit pro se, alleged there to be unfair wage disparities between her and at least one other male colleague. She asserted in her lawsuit that her colleague performed the same tasks,&hellip;</p>\\n"},{"id":22475,"path":"/blog/working-solutions-announces-new-content-upgrades-for-new-jersey-severance-unpaid-wages-and-overtime-litigation-issues","slug":"working-solutions-announces-new-content-upgrades-for-new-jersey-severance-unpaid-wages-and-overtime-litigation-issues","modified":"2023-06-01T19:21:51","title":"Working Solutions Announces New Content Upgrades for New Jersey Severance, Unpaid Wages, and Overtime Litigation Issues","content":"Working Solutions NYC, a team of employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce new content focused on New Jersey employment issues such as severance and unpaid wages.   We aim to service residents of New York and New Jersey with best-in-class employment law services, explained Chris Q. Davis, managing partner at the law firm. Among the newly rebooted content areas is our revised Google business listing, plus new New Jersey-centric information on our website. Persons who want to view the New Jersey business listing can visit https://goo.gl/maps/AWUXYAXeL6CqEBNu5. That listing provides basic information about the law firm, including address and phone number. Interested persons can reach out for a free consultation with a lawyer on employment issues such as severance and unpaid wages issues. They can also visit the New Jersey information page at https://www.workingsolutionsnyc.com/nj. Next, interested persons can browse topic-specific areas such as the following. Severance agreement information can be found at https://www.workingsolutionsnyc.com/for-employees/new-york-city-severance-agreements; employment law information can be found at https://www.workingsolutionsnyc.com/for-employees; and unpaid wages and overtime at https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime.&nbsp; FINDING AN EMPLOYMENT LAWYER IN NEW JERSEY With a population of 9.3 million people and a vibrant economy within the greater New York / Connecticut / New Jersey ecosystem, New Jersey sees more than its fair share of employment issues. With an office in Livingston, New Jersey, the law firm makes it easy for New Jersey residents to learn about their rights as employees and, if desired, to reach out for a no obligation consultation with an attorney. Seeking a free, no-obligation consultation with a NJ attorney can provide several benefits. New Jersey has robust laws and protections in place for employees, making it crucial to understand ones rights and options. Second, consulting with an attorney who understands the nuances of New Jerseys employment landscape can provide tailored advice and representation based on the unique circumstances of each case. Third, an attorney experienced in New Jersey employment law can help employees navigate the legal complexities associated with severance negotiations, sexual harassment claims, or wage and overtime disputes. In summary, an attorney can guide employees through potential settlement negotiations or represent them in court, ensuring their best interests are protected. ABOUT WORKING SOLUTIONS NYC Working Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>Working Solutions NYC, a team of employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce new content focused on New Jersey employment issues such as severance and unpaid wages.&nbsp; &#8220;We aim to service residents of New York and New Jersey with best-in-class&hellip;</p>\\n"},{"id":22470,"path":"/blog/working-solutions-nyc-a-law-firm-focused-on-severance-and-unpaid-wage-litigation-in-ny-nj-announces-review-milestones","slug":"working-solutions-nyc-a-law-firm-focused-on-severance-and-unpaid-wage-litigation-in-ny-nj-announces-review-milestones","modified":"2023-06-01T19:20:26","title":"Working Solutions NYC, a Law Firm Focused on Severance, and Unpaid Wage Litigation in NY &amp; NJ, Announces Review Milestones","content":"June 1, 2023  New York, NY. Working Solutions NYC, a team of top-rated attorneys working on employment, severance, and unpaid wages and overtime law in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce a major review milestone. The law firm has topped forty reviews on Google, with a cumulative five star average.  We know that online reviews should be taken with a grain of salt, as the only review that truly matters is that of a satisfied client as to his or her experience with our employment law firm, explained Chris Q. Davis, managing partner at the law firm. Nonetheless, we are proud of topping the forty review milestone on Google reviews and humbled by the five star aggregated review. Persons who want to learn more can visit the Google reviews at https://goo.gl/maps/LamqruGrmZRnkRp9A. Alternatively, they can simply Google, Working Solutions Law Firm New York City and find the listing under employment lawyers New York City. Here are highlights of some published reviews about the law firm. One reviewer, a small business owner, appreciated their high-level counsel and the confidence they exuded in providing airtight advice. Another reviewer had a positive experience with the firm. They found them responsive, informative, and instrumental in resolving their case, ensuring their rights were upheld and their former employer made aware of their legal obligations. Finally, a third reviewer hired the team for non compete litigation. Despite facing a formidable opponent, he felt supported and achieved outstanding results. These are just a few highlights of the reviews that now top forty, with an aggregate five star average. SEVERANCE AGREEMENTS One area in which the law firm has become quite known in New York, NY is the area of severance agreements and severance litigation. Many high-end employees turn to the law firm for reviews of potential severance agreements, wanting a specialized attorney overview to the agreement. This allows the employee to become well-versed in his or her rights, and often to negotiate the best deal during a severance agreement. For those who might be seeking litigation support, the firm can also help during or after a severance dispute. Interested persons can visit key information pages such as the page on severance law (https://www.workingsolutionsnyc.com/for-employees/new-york-city-severance-agreements) and the page on unpaid wages and overtime (https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime).  ABOUT WORKING SOLUTIONS NYC Working Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney.&nbsp; This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>June 1, 2023 &#8211; New York, NY. Working Solutions NYC, a team of top-rated attorneys working on employment, severance, and unpaid wages and overtime law in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce a major review milestone. The law firm has topped forty reviews on Google, with a cumulative five star&hellip;</p>\\n"},{"id":22463,"path":"/blog/do-you-have-questions-about-your-severance-pay-contact-working-solutions-today","slug":"do-you-have-questions-about-your-severance-pay-contact-working-solutions-today","modified":"2023-06-01T16:49:11","title":"Do You Have Questions About Your Severance Pay? Contact Working Solutions Today!","content":"Do you have questions about your severance contract? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including severance, FMLA, and &nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about your severance contract? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including severance, FMLA, and&hellip;</p>\\n"},{"id":22460,"path":"/blog/are-you-experiencing-racial-bias-at-work-contact-working-solutions-today-2","slug":"are-you-experiencing-racial-bias-at-work-contact-working-solutions-today-2","modified":"2023-05-30T15:47:30","title":"Are You Experiencing Racial Bias At Work? Contact Working Solutions Today!","content":"Are you experiencing racial bais in your workplace? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, harassment, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you experiencing racial bais in your workplace? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, harassment, and retaliation.&hellip;</p>\\n"},{"id":22454,"path":"/blog/international-labor-organization-launches-complaint-against-starbucks","slug":"international-labor-organization-launches-complaint-against-starbucks","modified":"2023-05-29T04:26:46","title":"International Labor Organization Launches Complaint Against Starbucks","content":"Starbucks, one of the worlds largest coffee chains, is facing a complaint filed by worker unions with the United Nations International Labor Organization (ILO). The complaint alleges that Starbucks has violated international labor standards and the rights of its employees by preventing them from joining a union and bargaining collectively. Issues such as mandatory meetings and interference with workers decision-making processes are at the core of the dispute. Delays in resolving labor disputes and the inadequacy of available remedies for workers are also significant concerns. The outcome of the ILO review process could have implications for improving workers rights and encouraging fair labor practices. The Allegations and What They Mean for Employees: The complaint, filed in May 2023, highlights several issues affecting American Starbucks employees in the United States. One concern is the companys practice of holding meetings where workers are required to listen to Starbucks opinions on unions. These meetings have been deemed illegal by the National Labor Relations Board (NLRB). The complaint argues that these meetings infringe on workers rights and go against international labor standards. Starbucks is a “big, powerful employer determined to crush union organizing among its employees by interfering with their freedom of association in violation of ILO standards,” Additionally, the complaint points out that the remedies available under the National Labor Relations Act (NLRA) are not strong enough to discourage employers like Starbucks from breaking the law. It also highlights delays in resolving labor disputes and obtaining relief for workers through legal channels. The Role of the International Labor Organization The complaint filed with the ILO could lead to a decision by the Committee on Freedom of Association regarding the United States compliance with international labor standards. While the ILOs decision does not directly impose penalties or legal enforcement, it carries significant weight as the organization is globally recognized as an authority on labor standards. Increasing Conflicts Between Companies and Union Organizers Since late 2021, NLRB regional offices have issued 93 complaints covering 328 unfair labor practice charges against Starbucks. These complaints have resulted in 16 decisions ordering remedies, including the reinstatement of 23 fired workers. However, some of these decisions are still awaiting enforcement. Despite these rulings, Starbucks workers claim that the company continues to violate labor laws in opposition to their unionization efforts. More than 300 Starbucks stores, employing over 8,000 workers, have successfully won union elections since December 2021. However, little progress has been made in bargaining a first union contract with Starbucks.  Seek Legal Assistance Today  If you believe that your employer’s practices are infringing on your federal and state labor laws, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.  Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Starbucks, one of the world&#8217;s largest coffee chains, is facing a complaint filed by worker unions with the United Nations International Labor Organization (ILO). The complaint alleges that Starbucks has violated international labor standards and the rights of its employees by preventing them from joining a union and bargaining collectively. Issues such as mandatory meetings&hellip;</p>\\n"},{"id":22451,"path":"/blog/do-you-have-questions-about-fmla-contact-working-solutions-today-2","slug":"do-you-have-questions-about-fmla-contact-working-solutions-today-2","modified":"2023-05-25T20:35:15","title":"Do You Have Questions About FMLA? Contact Working Solutions Today!","content":"Do you have questions about the Family Medical Leave Act (FMLA)? If so, seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, discrimination, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about the Family Medical Leave Act (FMLA)? If so, seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including&hellip;</p>\\n"},{"id":22426,"path":"/blog/managing-director-loses-appeal-on-age-bias-suit-files-for-wrongful-termination","slug":"managing-director-loses-appeal-on-age-bias-suit-files-for-wrongful-termination","modified":"2023-05-29T04:32:19","title":"Managing Director Loses Appeal on Age Bias Suit, Files for Wrongful Termination","content":"A former Managing Director at US Bank’s Colorado branch recently sued his former employer for wrongful termination after his appeal to an age bias suit was denied back in February 2023. During his time at US Bank in Denver, Colorado, Markley worked in private wealth management. According to the Tenth Circuit decision that resulted from Markley’s first lawsuit, he began working for the bank in 2009. However, issues commenced in 2017 when the bank discovered that Markley provided his co-worker with a personal loan against company policy. Additionally, some of Markley’s co-workers accused him of providing unearned commissions to bankers who did not participate in client deals, and of preventing other US Bank managers from meeting their sales goals. Following these incidents, US Bank launched an internal investigation with the result being a unanimous decision to terminate his employment. Markley first sued US Bank for age discrimination, a claim that the district and appeals court found to be unsubstantiated.  In Markley’s most recent lawsuit against the bank, he claims that US Bank retaliated against him for engaging in “conduct that was protected or encouraged as a matter of public policy.” He is seeking relief for lost wages, retirement benefits, and compensatory damages for the emotional distress caused by his termination.&nbsp; Age Discrimination vs. Retaliation Claims&nbsp; Age discrimination is a form of workplace discrimination that refers specifically to treating an applicant or employee less favorably because of their age. In order for a discrimination claim to qualify specifically as age discrimination, both the victim and the inflicter must be over 40. Federal law does not protect workers under the age of 40 from age discrimination, though some states and cities include expanded protections for younger workers. New York State does not explicitly provide protections for younger workers, whereas New York City includes protections against age discrimination for all workers, despite their age. Retaliation is another form of discrimination, and one of the most common types of claims brought forth by employees. Under federal employment law, it is illegal to retaliate against applicants or employees for engaging in protected activity. The Equal Employment Opportunity Commission states that numerous actions can qualify as a “protected activity,” with examples including “communicating with a supervisor or manager about employment discrimination,” “refusing to follow orders that would result in discrimination,” and “resisting sexual advances, or intervening to protect others.” Though age discrimination and retaliation are separate claims, employers cannot retaliate against an employee who voices complaints and seeks action for t age discrimination. Seek Legal Assistance Today&nbsp; Have you faced age-based discrimination in the workplace, and has your employer responded to your claims by retaliating against you? We can help you assess your claims. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former Managing Director at US Bank’s Colorado branch recently sued his former employer for wrongful termination after his appeal to an age bias suit was denied back in February 2023. During his time at US Bank in Denver, Colorado, Markley worked in private wealth management. According to the Tenth Circuit decision that resulted from&hellip;</p>\\n"},{"id":22352,"path":"/blog/working-solutions-nyc-a-team-of-top-rated-employment-severance-and-unpaid-wages-attorneys-in-ny-nj-announces-website-update","slug":"working-solutions-nyc-a-team-of-top-rated-employment-severance-and-unpaid-wages-attorneys-in-ny-nj-announces-website-update","modified":"2023-05-25T15:10:06","title":"Working Solutions NYC, a Team of Top-rated Employment, Severance, and Unpaid Wages Attorneys in NY &amp; NJ, Announces Website Update","content":"New York, New York  May 5, 2023. Working Solutions NYC, a team of top-rated attorneys working on employment, severance, and unpaid wages and overtime law in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce a major update to its website. The new site has both a modern look and feel and key touchstone information helpful to persons in New York and New Jersey looking to learn more about employment law, including possibly retaining an attorney. \\n We are excited about both the aesthetics and the information of our new website, explained Chris Q. Davis, managing partner at the law firm. Persons seeking for the best employment lawyers in New York City and New Jersey are urged to visit the website, and browse key information pages on severance and unpaid wages and overtime. Persons who want to learn more can not only visit the website. They can visit key information pages such as the page on severance law (https://www.workingsolutionsnyc.com/for-employees/new-york-city-severance-agreements) and the page on unpaid wages and overtime (https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime). The former page provides an overview of the rights of employees and employers with regard to severance agreements in New York and New Jersey. The first page in severance issues, explains the legal definition of severance pay and the circumstances in which it may be offered. It also provides information on the various laws and regulations governing severance agreements in New York City, including the Worker Adjustment and Retraining Notification (WARN) Act (https://www.nyc.gov/site/wkdev/workforce-board/warn-notices.page). The page also outlines the key provisions that are commonly included in a severance agreement, such as the release of claims and confidentiality clauses. The latter page, on unpaid wages and overtime, explains the concept of minimum wage, overtime pay, and the laws in place to protect workers. Employers must comply with these wage and hour laws or face legal action. Workers can file a complaint with the Department of Labor (https://dol.ny.gov/) or state labor agency or file a lawsuit against their employer. The page is a comprehensive overview of laws and protections, encouraging workers to take action to receive compensation under the law. In both cases, interested persons are encouraged to visit the website and reach out for a consultation with an employment lawyer. ABOUT WORKING SOLUTIONS NYC Working Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, New York &#8211; May 5, 2023. Working Solutions NYC, a team of top-rated attorneys working on employment, severance, and unpaid wages and overtime law in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce a major update to its website. The new site has both a modern &#8220;look and feel&#8221; and&hellip;</p>\\n"},{"id":22354,"path":"/blog/working-solutions-nyc-announces-class-and-collective-action-on-employment-law-issues-in-the-us-district-court-eastern-district-of-new-york","slug":"working-solutions-nyc-announces-class-and-collective-action-on-employment-law-issues-in-the-us-district-court-eastern-district-of-new-york","modified":"2023-05-25T15:03:55","title":"Working Solutions NYC Announces Class and Collective Action on Employment Law issues in the US District Court, Eastern District of New York","content":"May 1, 2023  New York, NY. Working Solutions NYC, a team of employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, has announced a new legal action filed in federal court in New York. The case is Case #1:23-cv-02922 and can be retrieved at https://www.nyed.uscourts.gov/.  Interested persons or media journalists are encouraged to reach out to our law firm directly for more information about this important case, explained Chris Q. Davis, managing partner at the law firm. However the case is ultimately decided, it shows the commitment of our law firm to the rights of employees who are seeking fair compensation including general pay and overtime issues.  Persons who feel like they have been faced with unjust actions when it comes to pay, overtime, and wages are encouraged to visit the informational page at https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime. Here are three key points: \\nMinimum wage and overtime pay: The minimum wage is the lowest hourly wage that an employer must pay to an employee. It also discusses the concept of overtime pay, which is the extra compensation that employees must receive for working more than 40 hours per week.\\n \\nLegal protection: Employers in New York City, all of New York, and New Jersey are legally required to comply with wage and hour laws, and failure to do so can result in legal action. Employees who believe that they have been underpaid or denied overtime pay should reach out for a consultation with an employment lawyer.\\n \\nDamages and penalties: The page provides information on the types of damages and penalties that employees may be entitled to if they are successful in a wage and hour lawsuit. These include back pay, which is the amount of wages that were owed but not paid, as well as liquidated damages, which are a type of penalty that can be awarded if the employers violation was willful.\\n Overall, the page serves as a helpful resource for employees and encourages workers to take action and seek legal assistance if necessary to ensure that they are receiving the compensation they deserve under the law. With law firm offices in both New York and New Jersey, the employment attorneys encouraged persons who may feel that they have been impacted to reach out for a consultation. ABOUT WORKING SOLUTIONS NYC Working Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>May 1, 2023 &#8211; New York, NY. Working Solutions NYC, a team of employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, has announced a new legal action filed in federal court in New York. The case is Case #1:23-cv-02922 and can be retrieved at https://www.nyed.uscourts.gov/. &hellip;</p>\\n"},{"id":22421,"path":"/blog/do-you-have-unpaid-wages-from-your-employer-contact-working-solutions-today-2","slug":"do-you-have-unpaid-wages-from-your-employer-contact-working-solutions-today-2","modified":"2023-05-23T23:55:02","title":"Do You Have Unpaid Wages From Your Employer? Contact Working Solutions Today!","content":"Do you have unpaid wages from your employer? If so, seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime, discrimination, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have unpaid wages from your employer? If so, seek legal assistance from the employment lawyers at Working Solutions, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime,&hellip;</p>\\n"},{"id":22418,"path":"/blog/jimmy-johns-delivery-drivers-file-class-action-lawsuit-for-unpaid-wages","slug":"jimmy-johns-delivery-drivers-file-class-action-lawsuit-for-unpaid-wages","modified":"2023-05-23T18:01:34","title":"Jimmy John’s Delivery Drivers File Class Action Lawsuit for Unpaid Wages","content":"Delivery drivers for a Jimmy John’s franchise are pursuing a class action lawsuit against the company in Arizona federal court, claiming it underpaid tipped workers with a flat $7 wage even when they performed untipped duties in stores. The lawsuit accuses Bacus Foods Corp. of violating the Fair Labor Standards Act (FLSA) as well as numerous state laws across Nebraska, Kansas, Colorado, and Arizona.  Drivers for the franchise owners alleged that they were improperly reimbursed for their delivery-related expenses, amongst others, forcing drivers to incur “excessive car expenses on their personal vehicles.” Plaintiffs in the class action are being represented by the law firm Biller &amp; Kimble.  Tip Earners Doing Hourly Work People who employ workers such as servers, delivery drivers, bartenders, or other service-oriented jobs that generate tips may choose to use tip credits to substantiate minimum wage requirements. For workers who earn more than $30 per month in tips, employers may opt to coordinate tip earnings with hourly wages.&nbsp; In the case of the Jimmy John’s franchisee, the lead plaintiff in the case complained that drivers worked “dual jobs.” One in which they drove personal vehicles to deliver food and receive tips, and another in which they worked inside stores to complete non-tipped duties such as taking phone orders, wrapping sandwiches, and doing dishes. Despite the different styles of work, employees were paid a standard tipped wage, which came to $7 per hour in 2021, $9 in 2022, and $10 in 2023. The Department of Labor clarified that workers can only be paid a tipped wage when they are engaged in tip-earning tasks. Failure to pay delivery drivers a fair wage when they were off the roads and working in stores may, in this case, prove to be a violation of the Fair Labor Standards Act.&nbsp; Reimbursements for Delivery Drivers The Department of Labor maintains that employees who use their personal vehicle for work may be entitled to reimbursements at a “reasonable approximation of actual expenses incurred.” This means that employers may be on the hook for additional costs associated with jobs that utilize personal equipment.&nbsp; The DoL, which oversees the execution of the Fair Labor Standards Act, requires that non-exempt employees be paid minimum wage “free and clear” of any deductions that may reduce pay below the federal minimum wage. Costs such as gas or maintenance associated with the use of a personal vehicle must be properly reimbursed, or else risk FLSA violations.&nbsp; Contact the Working Solutions Law Firm Today! Are you a tip-earner who’s been required to complete unrelated tasks at work? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Delivery drivers for a Jimmy John’s franchise are pursuing a class action lawsuit against the company in Arizona federal court, claiming it underpaid tipped workers with a flat $7 wage even when they performed untipped duties in stores. The lawsuit accuses Bacus Foods Corp. of violating the Fair Labor Standards Act (FLSA) as well as&hellip;</p>\\n"},{"id":22412,"path":"/blog/are-you-facing-retaliation-at-work-contact-working-solutions-today","slug":"are-you-facing-retaliation-at-work-contact-working-solutions-today","modified":"2023-05-18T23:34:22","title":"Are You Facing Retaliation At Work? Contact Working Solutions Today!","content":"Are you facing retaliation in your workplace? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including retaliation, discrimination,&nbsp;and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you facing retaliation in your workplace? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including retaliation, discrimination,&nbsp;and unpaid wages&hellip;</p>\\n"},{"id":22405,"path":"/blog/starbucks-corporate-manager-sues-for-gender-and-pregnancy-discrimination","slug":"starbucks-corporate-manager-sues-for-gender-and-pregnancy-discrimination","modified":"2023-06-01T22:47:14","title":"Starbucks Corporate Manager Sues for Gender and Pregnancy Discrimination","content":"A former Starbucks corporate manager has sued the coffee giant for alleged gender and pregnancy discrimination after she was repositioned to a “dead-end role” in the company upon returning from maternity leave. Katie Drake’s complaint refers to the praise she received as an accounting analysis manager in 2017, which quickly led to a promotion into a business analyst manager role. Despite her professional achievements, when Drake took leave under the Family and Medical Leave Act (FMLA), her duties were reallocated to a male colleague. Drake ultimately felt compelled to “resign and try to rebuild her career elsewhere,” the filed complaint stated.  In a written statement, Starbucks denied any systemic wrongdoing. “Starbucks has no tolerance for discrimination or harassment of any kind, and were committed to an environment where everyone is welcome, respected and valued.”  Maternity Leave and Returning from FMLA&nbsp; The Family and Medical Leave Act (FMLA) entitles employees who have worked at least one year for a company the right to take time off to care for themselves or a family member while preserving their employment status and job. While FMLA does not guarantee individuals they will be paid for the full duration of their leave, the law does ensure that their original position and job duties will remain in place.&nbsp; In the case of Katie Drake, her position on Starbucks’ corporate finance team was preserved but her job duties were reassigned to another colleague. Once she returned to work, she explained that her work duties were never fully renewed. Drake was also tasked with training her replacement, another male colleague who later won a promotion to a higher position over Drake. During&nbsp; interviews for the promotion, Drake was asked how she planned to handle her “work-life balance,” which she felt was targeted towards her role as a new mother..&nbsp; This was distressing to Ms. Drake, who was trying to build a career at Starbucks and did not expect that taking leave to bear a child would set her back, the complaint said. It was also distressing because Ms. Drake is ambitious and talented, and has many years left to learn, grow and contribute. Contact the Working Solutions Law Firm today! Have you returned to work after taking FMLA leave to find your position has been minimized or eliminated completely? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including FMLA, discrimination,&nbsp; and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former Starbucks corporate manager has sued the coffee giant for alleged gender and pregnancy discrimination after she was repositioned to a “dead-end role” in the company upon returning  from maternity leave. Katie Drake’s complaint refers to the praise she received as an accounting analysis manager in 2017, which quickly led to a promotion into&hellip;</p>\\n"},{"id":22400,"path":"/blog/do-you-have-questions-about-fmla-contact-working-solutions-today","slug":"do-you-have-questions-about-fmla-contact-working-solutions-today","modified":"2023-05-16T19:28:23","title":"Do You Have Questions About FMLA? Contact Working Solutions Today!","content":"Do you have questions on the Family Medical Leave Act (FMLA)? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;FMLA,&nbsp;severance, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Do you have questions on the Family Medical Leave Act (FMLA)? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;FMLA,&nbsp;severance,&hellip;</p>\\n"},{"id":22397,"path":"/blog/cybersecurity-company-settles-discrimination-claims","slug":"cybersecurity-company-settles-discrimination-claims","modified":"2023-05-15T20:48:00","title":"Cybersecurity Company Settles Discrimination Claims","content":"A cybersecurity firm based out of northern Virginia has agreed to pay a $435,000 conciliatory sum to resolve claims that it systematically discriminated against Black applicants for an open technical position. The Department of Labor (DOL) investigated Intelligent Waves, which has contracts with the U.S. Air Force, U.S. Department of Veterans Affairs, U.S. General Services Administration and National Aeronautics and Space Administration. The DOL’s Office of Federal Contract Compliance Programs (OFCCP) found that the company had violated Executive Order 11246, which explicitly prohibits government contractors from discriminating in their hiring and employment processes. Discrimination within Government Contractors  Amongst other landmark civil rights legislation of the time, President Lyndon B. Johnson signed Executive Order 11246 into law in 1965. The law established standards for anti-discriminatory hiring practices similar to the ones protected under the US Civil Rights Act of 1964. Employers and contractors may not discriminate against applicants or workers on the basis of their race, color, religion, sex, sexual orientation, gender identity or national origin. The Office of Federal Contract Compliance Programs (OFCCP) oversees this regulation.&nbsp; The recent investigation into the cybersecurity firm, Intelligent Waves, revealed that the company discriminated against a number of black applicants for an open technical role in Arizona and Nevada. The DOL’s investigation into the issue concluded there to be a “statistically significant shortfall in the hiring of Black applicants that could not otherwise be explained.”&nbsp; Following its investigation, the DOL sought to settle with Intelligent Waves. The company was cooperative in resolving the alleged violations and agreed to pay $435,000 in a conciliation agreement. The agreement also includes the company’s plans to provide job offers to eligible class members.&nbsp; Contact the Working Solutions Law Firm today! Do you suspect that your company employs unfair hiring practices? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination, sexual harassment, and FMLA. Whatever your employment issue is, reach out for a consultation today.","excerpt":"<p>A cybersecurity firm based out of northern Virginia has agreed to pay a $435,000 conciliatory sum to resolve claims that it systematically discriminated against Black applicants for an open technical position. The Department of Labor (DOL) investigated Intelligent Waves, which has contracts with the U.S. Air Force, U.S. Department of Veterans Affairs, U.S. General Services&hellip;</p>\\n"},{"id":22394,"path":"/blog/wood-pallet-manufacturer-loses-appeal-against-paying-workers-compensation-from-absorbed-business","slug":"wood-pallet-manufacturer-loses-appeal-against-paying-workers-compensation-from-absorbed-business","modified":"2023-05-15T20:38:08","title":"Wood Pallet Manufacturer Loses Appeal Against Paying Workers’ Compensation from Absorbed Business","content":"A wood pallet supplier’s appeal against paying $500,000 in workers’ compensation was overridden by an Ohio state appeals court. Aero Pallets Inc. was ordered to pay the workplace compensation owed to employees of Slats and Nails Pallets Inc., a different pallet supplier company whose business it absorbed. According to the court’s decision, Aero Pallets gradually leased equipment, property, and employees from Slats and Nails through a process that ultimately led to Aero Pallets effectively taking up all of Slats and Nails’ operations. In 2016, an employee of Slats and Pallets lost part of his index finger in an accident during work hours and was entitled to workplace compensation as a result of his injury. The Ohio Bureau of Workers’ Compensation (BWC) launched an investigation into Aero Pallets on the grounds that Aero Pallets may have been founded as an attempt to avoid paying the required fees related to the employee’s injuries. Aero Pallets had tried to remove itself from the responsibility of covering the workers compensation owed by the company that it took over. As a result of the investigation, the BWC found that Aero Pallets was founded by a former employee of Slats &amp; Nails and employed thirty-five of the same workers, despite recording only two shared employees between the two companies. The BWC ordered Aero Pallets to pay the outstanding workers compensation liability owned by Slats and Nails. Aero Pallets brought the most recent appeal to challenge the BWC’s final order to pay the outstanding liabilities of Slats and Nails. This lawsuit is the latest in the string of legal challenges brought forth by Aero Pallets in hopes of relieving itself from the obligation of compensating e workers of Slats and Nails. However,Aero Pallets has yet to be successful. In April 2023, the Ohio appeals court decided that the facts of the case demonstrated that Aero Pallets voluntarily absorbed the previous employer’s business operations and, therefore,&nbsp; entailed “a transfer of existing obligations and risk history.”&nbsp; Workers’ Compensation Claims  There are a number of ways workplace injuries can occur. As such, when an employee develops an illness or is injured on the job, they may file for a workers’ compensation injury claim. Some of the most costly types of injury claims include vehicle crashes, burns, or falls. Depending on the business insurance policy, such claims will allow the worker to receive medical coverage, wage replacement, and other benefits.  Successful claims usually involve the timely filing of a report. If such claims are denied by the insurance company, appeals can be filed with commission boards, whose rules vary state-to-state. If claims are filed improperly, there are a limited number of permitted excuses that must be proven to the committee.  New York State’s Workers’ Compensation Board recommends that employees notify their employers of claims within thirty days of the injury or illness. Other forms such as Form C-3 must also be filed with the appropriate information on your employer’s address, your wages, and the name and address of the medical provider you were treated by as a result of the injury.&nbsp; Seek Legal Assistance Today&nbsp; Have you been injured on the job? We can help you determine if you qualify for filing a workers’ compensation claim. Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A wood pallet supplier’s appeal against paying $500,000 in workers’ compensation was overridden by an Ohio state appeals court. Aero Pallets Inc. was ordered to pay the workplace compensation owed to employees of Slats and Nails Pallets Inc., a different pallet supplier company whose business it absorbed. According to the court’s decision, Aero Pallets gradually&hellip;</p>\\n"},{"id":22369,"path":"/blog/is-your-employer-withholding-your-pay-contact-working-solutions-today","slug":"is-your-employer-withholding-your-pay-contact-working-solutions-today","modified":"2023-05-11T15:45:22","title":"Is Your Employer Withholding Your Pay? Contact Working Solutions Today!","content":"Is your employer withholding your payments? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime,&nbsp;retaliation, and severance. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Is your employer withholding your payments? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime,&nbsp;retaliation, and&hellip;</p>\\n"},{"id":22388,"path":"/blog/papa-johns-hit-with-collective-action-lawsuit-for-underpaying-drivers","slug":"papa-johns-hit-with-collective-action-lawsuit-for-underpaying-drivers","modified":"2023-05-11T14:09:15","title":"Papa John’s hit with collective action lawsuit for underpaying drivers","content":"A proposed collective action lawsuit has been filed in Texas federal court accusing Papa John’s of underpaying its delivery drivers. A former driver of Papa Texas LLC, which owns and operates a number of Papa John’s franchises nationwide, alleged that she was not reimbursed the full amount she paid for costs associated with driving, such as gas, repairs, and maintenance. The suit also stated that delivery drivers often earned less than minimum wage for time worked.  The lead plaintiff in the case referenced the U.S. Department of Labor’s Field Operations Handbook, which outlines standards that employers are required to follow when it comes to reimbursing their employees for the costs of job-related essentials, like uniforms. While the agency’s recommendations can be substituted by a company’s own policies for reimbursing such expenses, they are still obligated to meet these general standards. The lawsuit filed against Papa Texas LLC accuses the company of exploiting their drivers with reimbursements as low as 21 cents per mile.&nbsp; Unpaid Reimbursements&nbsp; The filed complaint against Papa John’s alleged that their formula for calculating reimbursements “has resulted in an unreasonable underestimation of delivery drivers automobile expenses throughout the recovery period, causing systematic violations of the federal minimum wage.”&nbsp; The Internal Revenue Service (IRS) actively maintains a report on standard mileage rates that employees, self-employed individuals, or other taxpayers may use to compute the deductible or reimbursable costs for regularly operating automobiles. You can review the chart here.&nbsp; Employees required to use their own equipment for their jobs may be entitled to direct reimbursements from their employers. Delivery drivers are likely to incur more costs for vehicle maintenance, as the filed complaint says, considering their higher rates of use. If a company does not provide a company vehicle to a hired driver, then the employee may request additional reimbursements on top of their hourly wages for the maintenance of their personal items.&nbsp; Contact the Working Solutions Law Firm today!&nbsp; Have you been denied reimbursements from your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime, retaliation, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A proposed collective action lawsuit has been filed in Texas federal court accusing Papa John’s of underpaying its delivery drivers. A former driver of Papa Texas LLC, which owns and operates a number of Papa John’s franchises nationwide, alleged that she was  not reimbursed the full amount she paid for costs associated with driving, such&hellip;</p>\\n"},{"id":22366,"path":"/blog/are-you-missing-wages-from-your-employer-contact-working-solutions-today","slug":"are-you-missing-wages-from-your-employer-contact-working-solutions-today","modified":"2023-05-09T14:47:22","title":"Are You Missing Wages From Your Employer? Contact Working Solutions Today!","content":"Are you missing your wages from your employer? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime, severance, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you missing your wages from your employer? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp;&hellip;</p>\\n"},{"id":22380,"path":"/blog/non-unionized-construction-workers-sue-for-prevailing-wages-in-new-york","slug":"non-unionized-construction-workers-sue-for-prevailing-wages-in-new-york","modified":"2023-05-08T20:27:14","title":"Non-Unionized Construction Workers Sue for Prevailing Wages in New York","content":"A group of non-union construction workers in New York City have filed a class action lawsuit for “rampant wage theft.” For many flaggers, who moderate the flow of traffic in active construction sites, prevailing wages as well as overtime pay and breaks have all been denied to them on the job. This has been reported as a widespread issue across publicly-funded projects in the city. According to state laws, Workers who contribute to any public work contracts are entitled to prevailing wages in their locality where the work is performed. The District Attorney’s office in Manhattan has described wage theft on construction job sites as pervasive in the city, as “enforcement gaps” have widened as authorities have taken little action to address the issue. If you suspect that you are the victim of wage theft, you have the right to report your employer to the Department of Labor or to contact the Working Solutions Law Firm for a free case evaluation.  Pay practices on construction jobs&nbsp; New York labor laws require contractors on public work projects to pay their workers a prevailing wage, based on a county-by-county calculation. This rule applies to construction workers as well as building service workers, and ensures that employers who receive public funding for projects compensate their workers with fair pay and benefits.&nbsp; Many construction workers across New York are unionized. Nevertheless, individuals who take jobs alongside union members are still entitled to competitive wages. The recently filed class action lawsuit on behalf of non-unionized flaggers revealed that non-union workers were receiving less than a third of what they were entitled to earn for their positions.&nbsp; Unfortunately, some employers exploit workers who do not realize they are being underpaid. There are an estimated 10,400 flaggers and crossing guards who work in New York City. Many of these workers have reported to earn less than $40,000 per year, which suggests that management of construction sites have been withholding taxpayer funds for themselves.&nbsp; The consequences of wage theft&nbsp; In the recent report, Lowell Barton, the union organizing director for Laborers’ Local 1010, discussed how the exploitation of non-unionized workers has consequences for union members, too. Barton expressed that “unions lose their negotiating leverage if contractors are able to pay workers below prevailing wages without repercussions.”&nbsp; Contact the Working Solutions Law Firm Today Have you been the victim of wage theft? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A group of non-union construction workers in New York City have filed a class action lawsuit for “rampant wage theft.” For many flaggers, who moderate the flow of traffic in active construction sites, prevailing wages as well as overtime pay and breaks have all been denied to them on the job. This has been reported&hellip;</p>\\n"},{"id":22377,"path":"/blog/medical-software-provider-sued-for-overtime-violations-post-kronos-cyberattack","slug":"medical-software-provider-sued-for-overtime-violations-post-kronos-cyberattack","modified":"2023-05-08T18:47:00","title":"Medical Software Provider Sued for Overtime Violations Post-Kronos Cyberattack","content":"The nationwide hospital network LifePoint Health is being sued in Delaware federal court for failing to pay hourly workers overtime wages as a result of a cyberattack that disrupted the proper functioning of their payroll management software. Frank Hammond, a respiratory therapist, is a lead plaintiff in the class action, which is proposing to include all employees whose overtime wages were not paid by LifePoint. The Rise of Cyberattacks and the Impact on Employees Data breaches and cyberattacks are becoming increasingly common issues around the world. According to the World Economic Forum, 1,774 data compromises impacted over 392 million individual victims in 2022. In December 2021, a massive cyberattack was launched against Ultimate Kronos Group, a human resource company that provided workforce management software. According to NPR, millions of employees across different industries and states experienced disruptions to their regular paychecks, but health care employees were hit particularly hard, as the attack coincided with a surge in omicron cases in late 2021. LifePoint is just one company that relied on Kronos’ services. After the cyberattack, many employees reported that they were not paid for the overtime hours that they worked. In a similar case back in December 2022, a New York federal judge approved a $12.75 million settlement between PepsiCo and the class-action members who filed a wage lawsuit against the company. The Case Against LifePoint &amp; Fair Labor Standards Act Hammond, the plaintiff in the LifePoint case, alleged that he and other proposed class members manually reported the hours they worked to LifePoint on a regular basis during the software outage. However, instead of using these timesheets, “LifePoint arbitrarily paid these employees at a standard rate” that did not properly account for the overtime hours worked by the employees. The complaint argues: “LifePoint foisted the effects of the Kronos outage onto the back of its most economically vulnerable workers, making sure it kept the money it owed to those employees in its own coffers, rather than take the steps to make sure it timely paid its non-exempt employees in full for the work they performed.” Under the Fair Labor Standards Act (FLSA), non-exempt workers who are paid an hourly rate are required to be compensated at the one-and-a-half overtime rate for any time worked in excess of 40 hours in a workweek. Moreover, the plaintiffs in the LifePoint lawsuit are seeking additional damages for their missing or late compensation. Citing a 1993 employment decision in Biggs v. Wilson, “there is essentially no distinction between late payment and nonpayment of wages under the law,” and therefore, “The late or otherwise untimely payment of wages, including overtime compensation,in itself, does not resolve a claim for unpaid wages under the law.” Seek Legal Assistance Today  If you believe that you have not been paid your earned wages, as a result of timesheet disruptions, contact us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The nationwide hospital network LifePoint Health is being sued in Delaware federal court for failing to pay hourly workers overtime wages as a result of a cyberattack that disrupted the proper functioning of their payroll management software. Frank Hammond, a respiratory therapist, is a lead plaintiff in the class action, which is proposing to include&hellip;</p>\\n"},{"id":22361,"path":"/blog/are-you-experiencing-pregnancy-discrimination-at-work-contact-working-solutions-today","slug":"are-you-experiencing-pregnancy-discrimination-at-work-contact-working-solutions-today","modified":"2023-05-04T15:48:13","title":"Are You Experiencing Pregnancy Discrimination At Work? Contact Working Solutions Today!","content":"Are you experiencing pregnancy discrimination in your workplace? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, harassment, and severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you experiencing pregnancy discrimination in your workplace? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, harassment, and severance.&hellip;</p>\\n"},{"id":22357,"path":"/blog/are-you-experiencing-racial-bias-at-work-contact-working-solutions-today","slug":"are-you-experiencing-racial-bias-at-work-contact-working-solutions-today","modified":"2023-05-02T20:51:34","title":"Are You Experiencing Racial Bias At Work? Contact Working Solutions Today!","content":"Are you suffering from racial bias in your workplace? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, retaliation, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you suffering from racial bias in your workplace? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, retaliation, and&nbsp;unpaid&hellip;</p>\\n"},{"id":22350,"path":"/blog/dhl-sued-by-ex-driver-for-wrongful-termination","slug":"dhl-sued-by-ex-driver-for-wrongful-termination","modified":"2023-05-08T17:28:12","title":"DHL Sued by Ex-Driver for Wrongful Termination","content":"DHL Express, the shipping and delivery logistics company, is being sued by a former driver for wrongful termination in the Miami-Dade County Court. Ruben Bello worked as a driver and dockworker for 22 years at DHL’s Miami distribution facility. After being diagnosed with post-traumatic stress disorder (PTSD) as a result of his manager’s “verbal abuse,” Bello obtained medical orders to take leave. A few days after his medical condition was communicated to his employer, DHL promptly fired Bello. This is not the first lawsuit filed by Bello against the courier service. In June 2022, Bello sued DHL under similar charges in the Miami-Dade County civil court, but that suit was refiled under federal district court. In the original suit, Bello brought charges that DHL violated the Family and Medical Leave Act (FMLA) when they terminated him after seeking FMLA leave. Under the FMLA, “eligible employees of covered employers” are eligible “to take unpaid, job-protected leave for specified family and medical reasons.”  Bello was diagnosed with PTSD by a doctor after enduring verbal comments from his supervisor which created a hostile work environment. In his first lawsuit, Bello claimed that his manager yelled at him and made aggressive comments such as [Y]ou dont know me, but you will find out, and threats to make his life “impossible” and “miserable.” In the second lawsuit, Bello explained that he applied for FMLA in 2020 due to the mental deterioration he suffered as a result of the hostile work environment, but was denied. He then sought medical attention from a nurse practitioner in addition to a psychiatrist, both of whom ordered him not to return to work.&nbsp; It is important to note that only some types of employers are covered by FMLA laws. Covered employers include private-sector employers, public agencies, or schools. Covered employers must provide FMLA benefits and protections to eligible employees and comply with other responsibilities required under the FMLA. An employer can also be subject to FMLA coverage if they are classified as integrated, joint, or successor employers. Every employer covered by the FMLA must provide a general notice to their employees regarding the FMLA.&nbsp; The lawsuit is set to proceed in the discovery period. During this time, both Bello and DHL will seek the other party to provide information. According to Law360, Judge Edwin G. Torres granted DHLs oral motion for a mental examination of Bello on March 16, and on April 7, DHL’s legal team notified the federal court that they retained a psychiatrist for deposition. Seek Legal Assistance Today&nbsp; Have you been wrongfully terminated from your workplace? Every case looks different, and The Working Solutions is here to help! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel. Expert attorneys at our law firm specialize in many areas of the law, including FMLA, unpaid wages, and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>DHL Express, the shipping and delivery logistics company, is being sued by a former driver for wrongful termination in the Miami-Dade County Court. Ruben Bello worked as a driver and dockworker for 22 years at DHL’s Miami distribution facility. After being diagnosed with post-traumatic stress disorder (PTSD) as a result of his manager’s “verbal abuse,”&hellip;</p>\\n"},{"id":22327,"path":"/blog/class-action-lawsuit-filed-against-optimum","slug":"class-action-lawsuit-filed-against-optimum","modified":"2023-05-01T17:26:09","title":"Class Action Lawsuit Filed Against Optimum","content":"The attorneys at Working Solutions Law Firm filed a collective and class action lawsuit against the broadband Internet company Optimum as well as CSC Holdings LLC, Altice USA INC, ASI Fiber Group, and Gureev LLC in the United States (collective) and New York (class).  The lawsuit represents Optimum fiber optic cable layers who may have been affected by the defendants improper pay practices. Allegations include minimum wage violations, denial of overtime, and non-weekly pay schedules. Read more about the case in the recently filed complaint here.","excerpt":"<p>The attorneys at Working Solutions Law Firm filed a collective and class action lawsuit against the broadband Internet company Optimum as well as CSC Holdings LLC, Altice USA INC, ASI Fiber Group, and Gureev LLC in the United States (collective) and New York (class). The lawsuit represents Optimum fiber optic cable layers who may have&hellip;</p>\\n"},{"id":22317,"path":"/blog/are-you-facing-retaliation-in-your-workplace-contact-working-solutions-today","slug":"are-you-facing-retaliation-in-your-workplace-contact-working-solutions-today","modified":"2023-04-27T15:12:34","title":"Are You Facing Retaliation In Your Workplace? Contact Working Solutions Today!","content":"Are you facing retaliation in your workplace? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including retaliation, harassment, and&nbsp;unpaid wages &amp; overtime. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you facing retaliation in your workplace? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including retaliation, harassment, and&nbsp;unpaid wages&hellip;</p>\\n"},{"id":22314,"path":"/blog/do-you-have-questions-about-the-family-medical-leave-act-fmla-contact-working-solutions-today","slug":"do-you-have-questions-about-the-family-medical-leave-act-fmla-contact-working-solutions-today","modified":"2023-04-26T02:13:16","title":"Do You Have Questions About the Family Medical Leave Act (FMLA)? Contact Working Solutions Today!","content":"Do you have questions about the Family Medical Leave Act (FMLA)? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including FMLA, retaliation, and&nbsp;discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about the Family Medical Leave Act (FMLA)? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&hellip;</p>\\n"},{"id":22321,"path":"/blog/seventh-circuit-upholds-summary-judgment-for-northwestern-university-in-discrimination-and-retaliation-case","slug":"seventh-circuit-upholds-summary-judgment-for-northwestern-university-in-discrimination-and-retaliation-case","modified":"2023-04-26T00:58:11","title":"<strong>Seventh Circuit Upholds Summary Judgment for Northwestern University in Discrimination and Retaliation Case</strong>","content":"In April 2023, the Seventh Circuit Court granted Northwestern University’s motion to seek summary judgment in a lawsuit brought forth by a former lab technician. The employment lawsuit was originally raised by Diana Trahanas, who began working at Steven Schulst’s research laboratory at the Feinberg School of Medicine in 2012. After working for three years, Trahanas took twelve weeks of FMLA leave due to her struggle with mental health. Soon after her leave, Trahanas was terminated from the medical lab. Trahanas sued the University and the head of her lab, claiming that they created a hostile work environment, retaliated against her for taking medical leave, and defamed her on her medical school applications. The lower district court granted Northwestern summary judgment on all of Trahana’s claims except for retaliation, though the most recent ruling struck down the remaining claim. Claims of Discrimination, Retaliation, and Distress  In February 2015, Trahanas began a twelve-week period of paid FMLA leave from her technician role in the Schwulst laboratory as a result of her worsening depression, anxiety, and ADHD. Under the FMLA, certain employees are eligible to take unpaid, protected leave for a variety of family or medical reasons, including but not limited to the birth of a child, the care of the employee’s spouse, child, or parent with a serious health condition, or the employee’s own serious health condition that renders them unable to perform their job functions. Trahanas worked closely under Dr. Schwulst and performed many of the lab’s essential functions as the only technician; Dr. Schwulst provided Trahana with a positive letter of recommendation in the fall of 2014 for her medical school applications. However, Trahanas alleged in her original lawsuit that their working relationship was not always positive, claiming that Dr. Schwulst made inappropriate comments about her sexual orientation, and described the period prior to her FMLA leave as one where there was noticeable tension between the two.&nbsp; Trahanas informed her employer of her FMLA leave a day after it officially began, and after attempting to contact her for two days, Dr. Schwulst uploaded a new reference letter on Trahanas’ medical school application, writing that he “no longer [supports] her candidacy for admission to medical school.” This second letter was later revoked at the urging of another administrator at the Feinberg School. At the conclusion of her medical leave, Trahanas was given the option to come back or have her position terminated, and she eventually chose the latter. Trahanas was not accepted to any medical schools in the cycle matriculating in 2015 or 2018. Trahanas brought a lawsuit against her former employer under six counts: “The first alleges that she was subject to a hostile work environment and discrimination in violation of the ADA and Title VII. The second alleges retaliation under the ADA, Title VII, and the FMLA. Third, she alleges interference with exercising her rights under the ADA and FMLA. Fourth, she alleges intentional interference with prospective economic advantage. Fifth, she alleges defamation. Sixth, she alleges intentional infliction of emotional distress.” Dismissal, Appeal, and Dismissal Again The case was dismissed in the lower courts in 2021, after the courts found that Trahanas failed to prove an adverse employment outcome resulting from Dr. Schulst’s actions. The Court argued that a positive medical school recommendation was necessary but not sufficient to obtain admission to medical school. Furthermore, without proof of the falsity of malice contained within the negative reference letter written by Dr. Schulst, the Court argued that Trahanas failed to bring forth a defamation claim. Similarly, “Trahanas has failed to meet her evidentiary burden regarding her standing to pursue the FMLA retaliation claim”, and since “the Court ‘will not scour a record to locate evidence supporting a party’s legal argument,’ this “case must be dismissed.”&nbsp; After appealing the case in the Seventh Circuit, the three-judge panel upheld the lower court’s decisions in granting Northwestern University summary judgment. While the Seventh Circuit noted that sufficient “evidence of the intentional emotional distress Schwulst and Northwestern caused” was provided, Trahanas failed to establish that “Northwestern’s conduct was extreme and outrageous and that Schwulst and Northwestern intentionally sought to inflict emotional distress,” and thus, her claims must be dismissed. Seek Legal Assistance Today&nbsp; Have you experienced retaliation in the workplace? Working Solutions is here to help! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In April 2023, the Seventh Circuit Court granted Northwestern University’s motion to seek summary judgment in a lawsuit brought forth by a former lab technician. The employment lawsuit was originally raised by Diana Trahanas, who began working at Steven Schulst’s research laboratory at the Feinberg School of Medicine in 2012. After working for three years,&hellip;</p>\\n"},{"id":22311,"path":"/blog/tesla-damages-in-hostile-work-environment-lawsuit-reduced","slug":"tesla-damages-in-hostile-work-environment-lawsuit-reduced","modified":"2023-04-21T14:38:05","title":"Tesla Damages in Hostile Work Environment Lawsuit Reduced","content":"Damages for a lawsuit against Tesla, that convicted the company of cultivating a hostile work environment and normalizing the use of the N-word at a California factory, were retried in federal court after a judge deemed the original $157 million award “excessive.” The new damages offered to Owen Diaz, a former worker at the Fremont Tesla factory who was subjected to rampant verbal abuse and racial targeting, were reduced to $3.2 million.  The five-day damages retrial concluded a federal court case that has lasted nearly three years. Prosecution in the case represented Diaz, as well as his son and another coworker of the plant, who all claimed to be victims of explicit racism. Their filed complaint described management at their Tesla factory as having a “plant mentality,” wherein black workers were obligated with excessive work compared to their coworkers, under compensated, and were belittled with regular usage of the N-word in both English and Spanish. Tesla fought against these accusations in court where a jury decided the car manufacturer should be held liable for tolerating an oppressive work culture and pay punitive damages.  Accusations Against Tesla Owen Diaz expressed his regret for encouraging his son to get a job at the same Tesla factory in Fremont, California. Along with an additional colleague, the three men filed the initial lawsuit against Tesla in the California state court in 2017 and described their experiences working on Tesla’s floors as a “scene straight from the Jim Crow era.” Each of them reported numerous incidents of discrimination and racially-motivated abuse, which went unaddressed by their management.  Claims of racism in Tesla factories were not exclusive to this one case. Another case was filed by a black worker who allegedly experienced a similar workplace culture of insensitivity and harassment. Use of the N-word along with other racial epithets were reported to be common dialogue in the factory without apparent concern from leadership. The plaintiff made a disturbing comment describing his experiences at Tesla, I’ve experienced discrimination worse than anything I experienced growing up in Alabama and I’m scared for my safety every evening when I leave the plant. Crude pranks and discriminatory behavior have been documented in Tesla facilities, including profane videos and racially-charged drawings accompanied by slur-ridden captions. Tesla has refuted all of the claims made against its company and factories. The initial deduction made of the most recent case, which stated damages worth $137 million for cultivating a hostile work environment, has since been reduced to $3 million following&nbsp; Tesla’s appeal. Nevertheless, the evidence led to a notable conviction against Tesla and its leadership.&nbsp; Contact the Working Solutions Law Firm Today!&nbsp; Have you been the victim of racial bias in your workplace? Has management ignored your reports of apparent harassment or discrimination? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including discrimination, sexual harassment, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Damages for a lawsuit against Tesla, that convicted the company of cultivating a hostile work environment and normalizing the use of the N-word at a California factory, were retried in federal court after a judge deemed the original $157 million award “excessive.” The new damages offered to Owen Diaz, a former worker at the Fremont&hellip;</p>\\n"},{"id":22308,"path":"/blog/have-you-experienced-biased-treatment-at-work-contact-working-solutions-today","slug":"have-you-experienced-biased-treatment-at-work-contact-working-solutions-today","modified":"2023-04-20T15:24:57","title":"Have You Experienced Biased Treatment At Work? Contact Working Solutions Today!","content":"Have you experienced biased treatment in your workplace? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including discrimination, harassment, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you experienced biased treatment in your workplace? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including discrimination, harassment, and&hellip;</p>\\n"},{"id":22294,"path":"/blog/do-you-have-unpaid-wages-from-your-employer-contact-working-solutions-today","slug":"do-you-have-unpaid-wages-from-your-employer-contact-working-solutions-today","modified":"2023-04-18T14:34:02","title":"Do You Have Unpaid Wages From Your Employer? Contact Working Solutions Today!","content":"Do you have unpaid wages from your employer? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp; overtime,&nbsp;discrimination, and wrongful termination. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Do you have unpaid wages from your employer? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including unpaid wages &amp;&hellip;</p>\\n"},{"id":22289,"path":"/blog/long-island-restaurants-sued-for-unpaid-overtime-and-minimum-wage-violations","slug":"long-island-restaurants-sued-for-unpaid-overtime-and-minimum-wage-violations","modified":"2023-04-18T18:17:08","title":"Long Island Restaurants Sued for Unpaid Overtime and Minimum Wage Violations","content":"A pair of restaurants in Long Island, New York have been named in a federal lawsuit with accusations of overworking employees without overtime compensation. Former employees of Margaritas Café and The Cuban have filed a proposed collective action complaint to represent 20-30 other employees who worked as food preparers, runners, and bussers at the restaurants. The lawsuit alleges that the amount of time employees were ordered to work without overtime pay also violated the state’s minimum wage pay standards . They are suing the operation companies Margaritas Cafe VI Inc. and Puglias of Garden City Inc. for violations of the federal Fair Labor Standards Act and New York Labor Law. Violations of Minimum Wage Laws Minimum wage rules are overseen by the Department of Labor and, at a federal level, are protected within the Fair Labor Standards Act. Many states have also established their own minimum wage standards, which can sometimes vary within one state. In New York, for instance, the minimum wage for jobs in New York City or Long Island is $15/hour. The rest of New York state has a minimum hourly wage of $14.20.&nbsp; Failing to meet minimum wage standards is a serious violation of both state and federal law. Coupled with unpaid overtime, employees can be left with significant damages to collect. The lawsuit against the Long Island restaurants seeks to retrieve their unpaid minimum wages and overtime, as well as an award of spread of hours compensation. A spread of hours premium refers to the additional hour of time that is supposed to be paid out for consecutive days worked longer than 10 hours. The representative plaintiff is also seeking compensatory and liquidated damages in an amount exceeding $100,000.&nbsp; Furthermore the defendants of the case “willfully failed to provide plaintiff with a written notice, in English and Spanish, of her applicable regular rates of pay, regular pay days, and all such information as required by [the New York Labor Law], the suit said.&nbsp; Contact the Working Solutions Law Firm Today! Have you been denied proper minimum wage or overtime compensation? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A pair of restaurants in Long Island, New York have been named in a federal lawsuit with accusations&nbsp; of overworking employees without overtime compensation. Former employees of Margarita&#8217;s Café and The Cuban have filed a proposed collective action complaint to represent 20-30 other employees who worked as food preparers, runners, and bussers at the restaurants.&hellip;</p>\\n"},{"id":22272,"path":"/blog/tip-earners-at-golden-corral-sue-for-minimum-wage-violations","slug":"tip-earners-at-golden-corral-sue-for-minimum-wage-violations","modified":"2023-04-13T13:33:51","title":"Tip Earners at Golden Corral Sue for Minimum Wage Violations","content":"Former employees of the Golden Corral restaurant chain in Grove City, Ohio are suing the all-you-can eat buffet for unfair pay practices. The servers alleged in their recent complaint that their managers failed to meet minimum wage requirements by altering workers’ timesheets and denying them the right to accurately clock in and out of shifts. The five representative servers proposed a collective action, which would cover current and former hourly servers at the Grove City Golden Corral over the last three years. It also proposed a full Ohio state law collective to represent all of the restaurant’s servers from the last two years. They are seeking to recover unpaid wages and treble damages.  The allegations against Golden Corral include violations of the Fair Labor Standards Act and the Ohio Minimum Wage Standards Act. Ohio’s hourly minimum wage is currently set at $10.10 and the federal minimum wage sits at $7.25. Workers of the Grove City Golden Corral complained that they were underpaid on both accounts due to their location using a tip credit to meet the minimum wage requirements. Additionally, workers said that they were required to work off the clock and during hours that the restaurant was closed without proper pay.  Applying tip credits to meet minimum wage requirements&nbsp; Tip credits allow employers to use tips that workers earn on the clock to help compensate toward minimum wage requirements in their state. Employees must regularly earn at least $30 per month in tips in order to qualify for tip crediting. Furthermore, time that employers can use for tip crediting is exclusive to “hours of work that produce tips or directly support tip-producing work (as long as the supporting work is not performed for a substantial amount of time.)” Generally, time spent working without immediate opportunities to earn tips, such as opening and closing a restaurant, is not time that can be subsidized with tips.&nbsp; The practice of tip credits can create murky waters for employees to wade through. It is a legal requirement for workers to be paid at least the standard minimum wage for all of the time that they have worked, whether they work tip-earning jobs or not. If an employer requires a worker to work additional hours without the immediate opportunity to earn tips, then this may qualify as a violation of their federal Fair Labor Standards Act rights and state minimum wage entitlements. If you are wondering whether your rights have been violated, contact Working Solutions for a free case evaluation.&nbsp; Contact the Working Solutions Law Firm Today&nbsp; Has your employer ever required you to work off the clock? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Former employees of the Golden Corral restaurant chain in Grove City, Ohio are suing the all-you-can eat buffet for unfair pay practices. The servers alleged in their recent complaint that their managers failed to meet minimum wage requirements by altering workers’ timesheets and denying them the right to accurately clock in and out of shifts.&hellip;</p>\\n"},{"id":22256,"path":"/blog/do-you-have-unpaid-overtime-wages-from-your-employer-contact-working-solutions-today","slug":"do-you-have-unpaid-overtime-wages-from-your-employer-contact-working-solutions-today","modified":"2023-04-13T13:02:33","title":"Do You Have Unpaid Overtime Wages From Your Employer? Contact Working Solutions Today!","content":"Do you have unpaid overtime wages from your employer? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp; overtime, severance, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have unpaid overtime wages from your employer? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;unpaid wages &amp;&hellip;</p>\\n"},{"id":22253,"path":"/blog/are-you-experiencing-unfair-treatment-at-work-contact-working-solutions-today","slug":"are-you-experiencing-unfair-treatment-at-work-contact-working-solutions-today","modified":"2023-04-11T15:06:48","title":"Are You Experiencing Unfair Treatment At Work? Contact Working Solutions Today!","content":"Are you experiencing unfair treatment in your workplace? If so, contact the employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;retaliation, and&nbsp;severance.&nbsp;Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you experiencing unfair treatment in your workplace? If so, contact the&nbsp;employment lawyers&nbsp;at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey.&nbsp;Call us&nbsp;today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&nbsp;retaliation, and&nbsp;severance.&nbsp;Whatever your employment&hellip;</p>\\n"},{"id":22265,"path":"/blog/cannabis-equipment-supplier-accused-of-misclassifying-their-employees","slug":"cannabis-equipment-supplier-accused-of-misclassifying-their-employees","modified":"2023-04-15T19:36:26","title":"<strong>Cannabis Equipment Supplier Accused of Misclassifying Their Employees </strong>","content":"Two employees at a hydroponics equipment company alleged their employer of falsely classifying their roles as management, thus exempting them from receiving overtime pay owed to non-managerial employees.  GrowersHouseLLC is an Arizona-based indoor gardening equipment supplier whose customers are primarily cannabis growers. According to the lawsuit, GrowersHouse used a “farce” administrative job description in labeling Satchidananda Buber and Joseph Trejo as commercial account managers instead of sales employees.  What The Law Says About Employee Classifications and Overtime Eligibility Under the Fair Labor Standards Act (FLSA), employees working over forty hours a week are eligible for overtime pay at a rate of one-and-a-half times their regular wage; however, federal law makes exceptions for those in managerial roles. Employers are not required to pay minimum wage or overtime to employees classified as “executive, administrative, or outside sales employees”. Different states may have varying rules on overtime pay. Under Arizona State Law, where GrowersHouse is based, overtime rules follow those outlined by the FLSA.&nbsp; Buber and Trejo were originally hired as customer service and sales representatives and were paid hourly wages. After a year at the company, they were promoted to commercial account managers, at which point they began to receive a fixed salary. Buber and Trejo argued that the majority of their job duties involved sales processing and closing, and the administrative duties they undertook—such as tracking relationships with outside partners, customers, and producers—were secondary to their primary role as salespeople. Had GrowersHouse classified them as salespeople, they would not be exempt from the overtime pay that they would be owed from regularly working over forty hours a week.&nbsp; The Federal Judge’s Response: Rejecting Summary Judgment Judge Rosemary Márquez, an Arizona federal judge, rejected GrowersHouse’s bid for summary judgment, which would have allowed the case to reach a verdict without going to trial. According to Judge Márquez’s order, the company did not meet the burden of proving that there was no factual dispute between the employer and its employees over the nature of the employee’s work. Moreover, in response to GrowersHouse’s claim that Buber and Trejo supervised other employees—thereby classifying them as executive managers—Judge Marquez stated that the company did not provide “evidence showing that plaintiffs directed the work of any other employees, let alone two or more,” and that such supervision would not be enough to classify the employees as managers. Seek Legal Assistance Today&nbsp;If you believe that your job title has been misclassified by your employer, call us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Two employees at a hydroponics equipment company alleged their employer of falsely classifying their roles as management, thus exempting them from receiving overtime pay owed to non-managerial employees.  GrowersHouseLLC is an Arizona-based indoor gardening equipment supplier whose customers are primarily cannabis growers. According to the lawsuit, GrowersHouse used a “farce” administrative job description in labeling&hellip;</p>\\n"},{"id":22263,"path":"/blog/texas-attorney-general-agrees-to-pay-over-3-million-to-former-aides","slug":"texas-attorney-general-agrees-to-pay-over-3-million-to-former-aides","modified":"2023-04-15T19:38:26","title":"Texas Attorney General Agrees to Pay Over $3 Million to Former Aides","content":"Texas state Attorney General Ken Paxton agreed to pay $3.3 million in backpay to four former aides who alleged that they were retaliated against and terminated after raising whistleblower claims. The four plaintiffs, who were Senior Staffers in the office of the Attorney General, reported to the Federal Bureau of Investigations (FBI) that Mr. Paxton may have been involved in bribery, abuse of power, and obstruction of a criminal investigation. Shortly after reporting these concerns to the Attorney Generals office itself, the four employees were terminated.  The New York Times reports that charges of misconduct began as early as 2011 when “Mr. Paxton, then a member of the State House, had encouraged investors to put more than $600,000 into a company, while failing to tell them he was making a commission on their investment.” Mr. Paxton was not registered with the securities board during the time that he made these recommendations, thus violating state securities law. He was indicted in 2015 for securities fraud charges. A mediated agreement filed in February of the same year officially documented the parties’ settlement, though it has not yet been paid out. The settlement includes Mr. Paxton’s agreement to apologize for referring to the four staffers as “rogue employees” in a news release published on the attorney general’s website after they brought the lawsuit against him. Despite this, Mr. Paxton maintains that he did not do anything wrong and asserts that his status as a government official provides him with immunity from whistleblower claims by saying, “I have chosen this path to save taxpayer dollars and ensure my third term as attorney general is unburdened by unnecessary distractions. He adds, this settlement achieves these goals. I look forward to serving the people of Texas for the next four years free from this unfortunate sideshow.&nbsp; Whistleblower Protection Laws The Department of Labor’s The Occupational Safety and Health Administration (OSHA) features a Whistleblower Protection Program which enforces whistleblower statutes. There are over twenty statutes that protect employees from retaliation for reporting violations of workplace safety, health, food safety, public transportation, securities and tax laws, and more.&nbsp; Whistleblower laws also vary state by state. In Texas, the Texas Whistleblower Act “protects public employees who make good faith reports of violations of law by their employer to an appropriate law enforcement authority.” In 2022, New York State significantly expanded its whistleblower laws, becoming some of the most robust in the nation. It provides potential punitive damages for former employees and an expanded definition of retaliation.&nbsp; Seek Legal Assistance Today&nbsp; If you believe that you have suffered whistleblower retaliation within the workplace, call us today! Working Solutions is an employment law firm located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Texas state Attorney General Ken Paxton agreed to pay $3.3 million in backpay to four former aides who alleged that they were retaliated against and terminated after raising whistleblower claims. The four plaintiffs, who were Senior Staffers in the office of the Attorney General, reported to the Federal Bureau of Investigations (FBI) that Mr. Paxton&hellip;</p>\\n"},{"id":22247,"path":"/blog/are-you-experiencing-workplace-harassment-contact-working-solutions-today","slug":"are-you-experiencing-workplace-harassment-contact-working-solutions-today","modified":"2023-04-06T15:38:03","title":"Are You Experiencing Workplace Harassment? Contact Working Solutions Today!","content":"Are you experiencing harassment in your workplace? If so, contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including harassment, discrimination, and severance. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you experiencing harassment in your workplace? If so, contact the employment lawyers at Working Solutions for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including harassment, discrimination, and severance. Whatever your employment issue&hellip;</p>\\n"},{"id":22244,"path":"/blog/judge-approves-home-depots-5-8-million-settlement","slug":"judge-approves-home-depots-5-8-million-settlement","modified":"2023-04-06T18:28:49","title":"Judge Approves Home Depot’s $5.8 Million Settlement","content":"A federal judge in Seattle approved Home Depot’s $5.8 million settlement proposal to resolve claims that the hardware department store failed to provide breaks to its supervisors and specialists. The Home Depot agreed to cover, “claims for back-pay, interest and penalties, as well as any attorney fees and costs.”  The proposed class action against The Home Depot Inc. included 3,000 in-house supervisors and specialists who were employed in Washington state between 2017 and 2021. The employees initially sued the company under state law, arguing that a denial of their meal and rest breaks violated Washington’s Industrial Welfare Act and other state wage laws. Home Depot moved the case to federal court, where a judge ruled that the $5.8 million settlement was “fair, reasonable, and adequate.”  Right to Rest As of now, there are no sweeping federal rules that require employers to provide breaks to workers other than nursing mothers and religious observers. However, a number of states have adopted laws that entitle breaks to non-exempt employees during the work day. You may review your state’s rules here.&nbsp; Employers are entitled to obey the federal Fair Labor Standards Act which instructs employers to pay non-exempt employees for any time classified as “hours worked.” This means that anytime an employee spends working is time they must be compensated for – even if they work through a break.&nbsp; As such, employers in many states offer breaks during the workday,&nbsp; but employees are not required by law to&nbsp; oblige.&nbsp; Workplace Warning Signs&nbsp;&nbsp; Some companies automatically deduct time from an employee’s timesheet to account for breaks. Employers have an obligation to modify timesheets to accurately reflect an employee’s time spent working, even if they are processed by an automatic system. If you do not personally clock in and out during the work day, then you may want to request a copy of your timesheet or a pay stub detailing the hours you have worked in the given pay period.&nbsp; Employers who require workers to clock out for breaks but nevertheless continue to work are likely in violation of both state and federal law. If your workplace rights as stated by state and federal law have not been observed, please contact the attorneys at Working Solutions law firm for a free case evaluation.&nbsp; Contact the Labor Attorneys at Working Solutions Today! Has your employer denied you a lunch break? Have you been asked to work through breaks without pay? If so, seek legal assistance from the employment lawyers at the Working Solutions law firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A federal judge in Seattle approved Home Depot’s $5.8 million settlement proposal to resolve claims that the hardware department store failed to provide breaks to its supervisors and specialists. The Home Depot agreed to cover, “claims for back-pay, interest and penalties, as well as any attorney fees and costs.” The proposed class action against The&hellip;</p>\\n"},{"id":22241,"path":"/blog/firm-news-national-grid-class-action-lawsuit","slug":"firm-news-national-grid-class-action-lawsuit","modified":"2023-04-04T19:27:31","title":"Firm News | National Grid Class Action Lawsuit","content":"The employment attorneys at the Working Solutions law firm have agreed to represent a class of utility workers in New York who were denied fair, prevailing wages and overtime compensation while working for the state’s National Grid. The defendants of the case include National Grid PLC, National Grid Electric Services LLC (“National Grid Electric”), USIC LLC, and RECONN Holdings. The representative plaintiff, Christian Stearns, brought the case to serve himself and those similarly situated as “Instrument People” and “Rod People” employed by the defendants in New York.  The companies have been accused of violating the Fair Labor Standards Act for refusing to pay workers a time-and-a-half rate for hours worked over 40. Workers hired to perform utility services on publicly funded construction projects were also denied state prevailing wages, which the New York Labor Law entitles in Article 8.&nbsp; Read the full complaint here.&nbsp;","excerpt":"<p>The employment attorneys at the Working Solutions law firm have agreed to represent a class of utility workers in New York who were denied fair, prevailing wages and overtime compensation while working for the state’s National Grid. The defendants of the case include National Grid PLC, National Grid Electric Services LLC (“National Grid Electric”), USIC&hellip;</p>\\n"},{"id":22235,"path":"/blog/are-you-facing-disability-discrimination-at-work-contact-working-solutions-today","slug":"are-you-facing-disability-discrimination-at-work-contact-working-solutions-today","modified":"2023-04-04T17:01:38","title":"Are You Facing Disability Discrimination At Work? Contact Working Solutions Today!","content":"Is your employer discriminating against you because of your disability? If so, seek legal assistance from the employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination, and&nbsp;wrongful termination, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer discriminating against you because of your disability? If so, seek legal assistance from the&nbsp;employment lawyers&nbsp;at Working Solutions, located in New York City and in Livingston, New Jersey.&nbsp;Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&nbsp;employment lawyers&nbsp;specialize in many areas of the law, including&nbsp;discrimination,&hellip;</p>\\n"},{"id":22215,"path":"/blog/introducing-our-new-name-with-the-same-trusted-service-we-are-working-solutions","slug":"introducing-our-new-name-with-the-same-trusted-service-we-are-working-solutions","modified":"2023-03-15T22:02:27","title":"Introducing Our New Name with the Same Trusted Service: We Are Working Solutions","content":"We are proud to announce that the Working Solutions Law Firm has changed its name to one that reflects our firm’s mission as a reliable employment law office working to achieve your best resolution. As of today, we are happy to reintroduce ourselves as, “Working Solutions.”  In addition to our new name, we’ve designed a brand new website with a fresh look to make it easier for new and familiar clients to get the help they need faster. Explore it for yourselves here! Working Solutions maintains a focus on employment matters in the greater New York area but is committed more than ever to serving the public on a national level. Our new name champions legal assistance (and free consultations) for all.  Visit our new website or call us at (646) 430-7930 today!","excerpt":"<p>We are proud to announce that the Working Solutions Law Firm has changed its name to one that reflects our firm’s mission as a reliable employment law office working to achieve your best resolution. As of today, we are happy to reintroduce ourselves as, “Working Solutions.”&nbsp; In addition to our new name, we’ve designed a&hellip;</p>\\n"},{"id":22154,"path":"/blog/have-your-employee-rights-been-violated-contact-the-law-office-of-christopher-q-davis-today","slug":"have-your-employee-rights-been-violated-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-03-09T11:26:42","title":"Have Your Employee Rights Been Violated? Contact The Working Solutions Law Firm Today!","content":"Do you feel that your employer has violated your employee rights? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime, discrimination, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you feel that your employer has violated your employee rights? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&hellip;</p>\\n"},{"id":22158,"path":"/blog/tiktoker-learns-important-lesson-about-employment-rights","slug":"tiktoker-learns-important-lesson-about-employment-rights","modified":"2023-03-14T14:25:28","title":"TikToker Learns Important Lesson About Employment Rights","content":"When management approached Megs (@spicychickenslinger on TikTok) and asked her to resign from her position, a swarm of TikTokers advised her against it. “DO NOT QUIT LET THEM FIRE U I PROMISE YOU!” one person wrote. Another commented ,“don’t quit – let them fire you and apply for unemployment. You’ll still be able to look for another job and not have to jump into anything.” \\nDespite TikTok being an unconventional resource for career information, the advice that several users of the app left on Megs’ video taught her a lesson about employment rights: there is a critical difference between voluntarily resigning from a position and being fired from it. In order to collect unemployment, individuals must be forced out of their position. Quitting a position for personal reasons often disqualifies a person from the government-sponsored benefits. There are other reasons, such as being terminated for malicious misconduct, which may also preclude individuals from collecting unemployment.&nbsp;\\nMegs had previously expressed dissatisfaction with her job at an undisclosed company. While management did not explicitly terminate her, they did request that she submit a letter of resignation. In response to the viewers who implored Megs not to resign, Megs posted a follow up video saying,&nbsp; “I guess I’m going to take all of you guys’ advice because literally everyone in that video said ‘Do not resign. Make them fire you.” “I’ve never been fired before so that’s a little scary, but I trust you guys.”\\nEmployees curious about their rights to unemployment or other benefits may like to discuss their position with an employment lawyer. The Working Solutions Law Firm offers free consultations to everyone. Speak to one of our representatives today by calling our main line at (646) 430-7930 or using the &nbsp;online chat tool on our website.&nbsp;\\nContact the Working Solutions Law Firm Today!\\nHave you been asked to resign from your position? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.&nbsp;\\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>When management approached Megs (@spicychickenslinger on TikTok) and asked her to resign from her position, a swarm of TikTokers advised her against it. “DO NOT QUIT LET THEM FIRE U I PROMISE YOU!” one person wrote. Another commented ,“don’t quit – let them fire you and apply for unemployment. You’ll still be able to look&hellip;</p>\\n"},{"id":22151,"path":"/blog/do-you-have-questions-about-fmla-contact-the-law-office-of-christopher-q-davis-today-2","slug":"do-you-have-questions-about-fmla-contact-the-law-office-of-christopher-q-davis-today-2","modified":"2023-03-07T10:32:56","title":"Do You Have Questions About FMLA? Contact The Working Solutions Law Firm Today!","content":"Do you have questions about the Family Medical Leave Act? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including FMLA, unpaid wages &amp; overtime, and severance. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Do you have questions about the Family Medical Leave Act? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in&hellip;</p>\\n"},{"id":22148,"path":"/blog/firm-news-brendan-sweeney-files-class-action-complaint-against-crosscountry-mortgage-for-overtime-and-wage-claims","slug":"firm-news-brendan-sweeney-files-class-action-complaint-against-crosscountry-mortgage-for-overtime-and-wage-claims","modified":"2023-02-23T13:37:36","title":"Firm News: Brendan Sweeney Files Class Action Complaint Against CrossCountry Mortgage for Overtime and Wage claims","content":"Working Solutions’ Partner Brendan Sweeney filed a class action complaint on behalf of former loan officers at CrossCountry Mortgage for overtime and wage claims, as well as disputing the company’s alleged practice of requiring employees to work for free.The lawsuit, filed in the Northern District of Ohio, – where CrossCountry Mortgage is headquartered – highlights the company’s misclassification of its loan officers as overtime exempt. In a published statement, Brendan Sweeney argued that CrossCountry Mortgage “[was] trying to shift all the risk of the turn of the market onto these individuals.” \\nRead the filed case here.","excerpt":"<p>Working Solutions’ Partner Brendan Sweeney filed a class action complaint on behalf of former loan officers at CrossCountry Mortgage for overtime and wage claims, as well as disputing the company’s alleged practice of requiring employees to work for free.The lawsuit, filed in the Northern District of Ohio, – where CrossCountry Mortgage is headquartered – highlights&hellip;</p>\\n"},{"id":22138,"path":"/blog/are-you-experiencing-retaliation-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-experiencing-retaliation-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-02-23T11:27:57","title":"Are You Experiencing Retaliation At Work? Contact The Working Solutions Law Firm Today!","content":"Are you experiencing retaliation in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including retaliation, wrongful termination, and harassment. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you experiencing retaliation in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the&hellip;</p>\\n"},{"id":22135,"path":"/blog/do-you-have-questions-about-unpaid-overtime-contact-the-law-office-of-christopher-q-davis-today","slug":"do-you-have-questions-about-unpaid-overtime-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-02-21T11:01:43","title":"Do You Have Questions About Unpaid Overtime? Contact The Working Solutions Law Firm Today!","content":"Do you have questions about unpaid overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime, severance, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about unpaid overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of&hellip;</p>\\n"},{"id":22141,"path":"/blog/new-lawsuit-targets-cancer-center-for-safety-issues-gender-discrimination-and-retaliation","slug":"new-lawsuit-targets-cancer-center-for-safety-issues-gender-discrimination-and-retaliation","modified":"2023-02-17T16:22:32","title":"New Lawsuit Targets Cancer Center for Safety Issues, Gender Discrimination, and Retaliation","content":"An oncologist is accusing her former employer of medical safety violations, gender discrimination, and whistleblower retaliation. In a lawsuit filed in January 2023, Anne Grand’Maison alleges that Roswell Park Comprehensive Cancer Center, a research and treatment center in Buffalo, New York ignored the concerns she raised over patient safety, underpaid her relative to her male colleagues, and retaliated against her. \\nAccording to the complaint, Grand’Maison came to Roswell Park Comprehensive Cancer Center in 2016 as the first medical oncologist specifically trained in sarcoma, a rare type of bone and tissue cancer. Prior to her time at Roswell Park, Grand’Maison completed a fellowship at MD Anderson Cancer Center, the largest cancer center in the U.S. and widely considered the best hospital worldwide for oncology. However, Grand’Maison was soon troubled by the things she saw at her new job: “sarcoma pathology reports were replete with diagnostic errors, doctors were woefully uneducated in the latest sarcoma research, senior doctors exhibited a steadfast refusal to seek out second opinions in difficult cases and the sarcoma clinic was chronically understaffed, among many other issues.” As the only comprehensive cancer center in upstate New York, Grand’Maison was concerned that these issues at Roswell Park would jeopardize the safety of patients who were dependent on their care.\\nCompounding the issue of uninformed doctors at Roswell Park was their resistance to listening to the concerns that Grand’Maison brought up. In contrast to the Tumor Board she worked with at MD Anderson, Grand’Maison found the Tumor Board at Roswell Park to be “male-dominated, ego-driven, fraught with defensiveness and rife with a lack of collegiality almost from the very beginning.” For example, when Grand’Maison asked for more information about a medical diagnosis, a powerful senior doctor allegedly “leaned toward her aggressively”, ignored her question, and “condescendingly asked her if she had ever seen a mesenchymal chondrosarcoma, his tone implying that she could not possibly add value to his diagnosis”. Other instances of hostility that Grand’Maison experienced included her denied requests for administrative assistance and outside diagnostic opinions, which made her less available to treat her patients with the levels of attention and care that she was used to. \\nWhen Grand’Maison announced her plans to submit nearly twenty cases of misdiagnosis by a senior doctor for review in March 2022, Roswell Park seized on an opportunity to fire her by deliberately misinterpreting her communication about her husband’s potential relocation. In January 2022, Grand’Maison emailed a hospital coordinator about her husband’s planned move to Canada, thus making her last day at the center May 1, 2022. Later on, Grand’Maison found that she was incorrect and that her husband would not be relocating, but she did not feel the need to correct herself because no one replied to her initial email. A day after Grand’Maison notified the Chair of Medicine of her forthcoming misdiagnosis report, Grand’Maison was told that the “resignation” she provided in January was accepted.\\nUnfortunately, the medical field is not exempt from discrimination. The lawsuit cites six other cases involving Roswell Park, gender discrimination, and retaliation. Grand’Maison pointed to the fact that a male doctor who had similar qualifications as her made had a salary differential of $100,000. Similarly, a lawsuit filed by Jane Zhou, a former pathologist at the clinic, stated pay differentials of nearly $75,000 compared to her male colleagues, in addition to experiences of workplace hostility whenever she challenged diagnoses. \\n \\nSeek Legal Assistance Today \\nHave you experienced discrimination or retaliation at work? The Working Solutions Law Firm is here to help! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel. \\nExpert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.\\n&nbsp;","excerpt":"<p>An oncologist is accusing her former employer of medical safety violations, gender discrimination, and whistleblower retaliation. In a lawsuit filed in January 2023, Anne Grand’Maison alleges that Roswell Park Comprehensive Cancer Center, a research and treatment center in Buffalo, New York ignored the concerns she raised over patient safety, underpaid her relative to her male&hellip;</p>\\n"},{"id":22131,"path":"/blog/ford-motor-co-employee-sues-for-sexual-harassment","slug":"ford-motor-co-employee-sues-for-sexual-harassment","modified":"2023-02-16T16:59:29","title":"Ford Motor Co. Employee Sues For Sexual Harassment","content":"A former female employee of Ford Motor Co. sued the company for allegedly retaliating against her after she submitted a sexual harassment complaint. The woman, who made numerous complaints to human resources about excessive catcalling, inappropriate staring, and comments on her uniform, was ultimately fired from Ford Motor Co. for tardiness. \\nThe woman filed a complaint in Illinois federal court arguing that the reason for her termination was wrongful, in part because employees like her who transition from part-time to full-time employment status have been granted clean records for previous tardy markups. Despite being promoted to full-time employment days before her termination, the female employee accused her employer of retaliating against her for making complaints to human resources, and ultimately minimizing the physical toll the sexual harassment had on her mental health. \\nThe Case \\nThe filed complaint states that the, Plaintiff [was] subjected to cat-calling and comments from other co-workers regarding her body and what the coworkers would do to her.” Not long after the woman accepted a position at a Ford plant in Illinois, she was further subjected to crude commentary on her appearance. After requesting a new work vest due to her own being damaged, a coworker allegedly told the woman “I don’t mind you not having on a vest.” This allegedly occurred one month after the woman started the job. \\nThe harassment worsened even after the female employee disclosed her experiences to a sexual harassment hotline. A coworker informed the woman that he had been showing photos of her in a bathing suit to other male colleagues. Meanwhile, another individual offered the woman a large shirt and told her the men would leave her alone if she wore it –as opposed to their uniforms. \\nThe perpetual sexual harassment culminated to a series of panic attacks that required medical attention. The woman continued to suffer panic attacks on her way to work, which resulted in two write ups for tardiness. She was promoted to a full-time employee, and on the same day sought advice from the sexual harassment hotline on how to address the ongoing situation. According to the complaint, a representative from the labor relations department questioned how workplace harassment would induce anxiety. Less than a week after her promotion, the woman was fired for tardiness. \\nThe complaint highlights  the claim: Plaintiff has reasonable belief that if she never reported sexual harassment, she would have not been terminated.” \\nWhile disclosing allegations and discussing sensitive topics with human resources can be an intimidating process, it is a standard requirement to allow employers and their management to address such problems before they are held liable for them. Speaking with HR also creates a formal record of the existence of an individual’s workplace experiences. If an employer retaliates against claims made to their HR department, this may help to spotlight an employer’s negligence. \\nContact the Working Solutions Law Firm Today!\\nHave you been the victim of workplace sexual harassment? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including wrongful termination, sexual harassment, and retaliation.Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former female employee of Ford Motor Co. sued the company for allegedly retaliating against her after she submitted  a sexual harassment complaint. The woman, who made numerous complaints to human resources about excessive catcalling, inappropriate staring, and comments on her uniform, was ultimately fired from Ford Motor Co. for tardiness.  The woman filed a&hellip;</p>\\n"},{"id":22116,"path":"/blog/have-you-been-unlawfully-terminated-contact-the-law-office-of-christopher-q-davis-today-3","slug":"have-you-been-unlawfully-terminated-contact-the-law-office-of-christopher-q-davis-today-3","modified":"2023-02-16T11:05:06","title":"Have You Been Unlawfully Terminated? Contact The Working Solutions Law Firm Today!","content":"Do you believe that your employer has unlawfully terminated you? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including wrongful termination, severance, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you believe that your employer has unlawfully terminated you? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in&hellip;</p>\\n"},{"id":22113,"path":"/blog/are-you-experiencing-racial-bias-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-experiencing-racial-bias-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-02-14T10:53:31","title":"Are You Experiencing Racial Bias At Work? Contact The Working Solutions Law Firm Today!","content":"Are you experiencing racial bias in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at 646-430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including discrimination, retaliation, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you experiencing racial bias in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at 646-430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of&hellip;</p>\\n"},{"id":22125,"path":"/blog/amazons-attempt-to-toss-retaliation-lawsuit-is-overruled","slug":"amazons-attempt-to-toss-retaliation-lawsuit-is-overruled","modified":"2023-02-13T21:15:59","title":"Amazon’s Attempt to Toss Retaliation Lawsuit is Overruled","content":"Amazon’s attempt to dismiss a lawsuit against one of its managers was overruled in federal court last month. An ex-Amazon warehouse manager was named as a defendant in Washington court for his disparaging remarks against a female, Latinx worker. The woman accused her supervisor of comparing her to Pablo Escobar and making other derogatory comments about other women who work in the warehouse. A federal judge ruled that Amazon’s response to the case minimized the serious issues existing within the company’s work environment. \\nThe Case \\nDiana Cuervo was an area manager of delivery operations for Amazon in Seattle, Washington. Her supervisor, Christopher Stoia, allegedly made several comments about Cuervo’s heritage by comparing her to the notorious drug trafficker Pablo Escobar. Also expounded in her complaint, Cuervo asserted that the supervisor made sexist remarks about women not being fit to work in a warehouse setting. \\nCuervo reported her interactions and concerns to Amazon’s human resources department multiple times, who later forced her to recount the experiences and complaints in front of the accused Stoia. Despite Cuervo’s efforts, human resources declined to investigate her complaints and did not take further action. Cuervo’s supervisor warned her against complaining to human resources about his treatment. \\nFollowing this, Cuervo was fired after alerting management of a gas leak in the warehouse. The company claimed that its decision to fire her for violating safety policies was coupled with a previous similar incident –wherein Cuervo worked as the only manager in the building during a snowstorm. \\nDiana Cuervo filed her complaint against Amazon and her former supervisor in federal court in May 2021. The retail giant attempted to dismiss the lawsuit, downplaying the claims of retaliation, by arguing that there was no connection between the supervisor’s comments and the employee’s ultimate termination. \\nU.S. District Judge Robert S. Lasnik denied Amazon’s motion to dismiss and permitted Cuervo’s case to proceed, which alleges violations of Title VII of the Civil Rights Act and the Washington Law Against Discrimination. \\nIf [Cuervo] is unable to produce evidence in support of those allegations, defendants may be entitled to summary judgment, but it would be inappropriate to dismiss the claims at this stage of the proceeding, Judge Lasnik said. \\nContact the Working Solutions Law Firm \\nHave you experienced retaliation in the workplace after bringing an issue forward? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including retaliation, sexual harassment, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Amazon’s attempt to dismiss a lawsuit against one of its managers was overruled in federal court last month. An ex-Amazon warehouse manager was named as a defendant in Washington court for his disparaging remarks against a female, Latinx worker. The woman accused her supervisor of comparing her to Pablo Escobar and making other derogatory comments&hellip;</p>\\n"},{"id":22119,"path":"/blog/what-the-law-says-about-service-tipping","slug":"what-the-law-says-about-service-tipping","modified":"2023-02-13T11:45:08","title":"What the Law Says About Service Tipping","content":"The United States is well known for its unique culture of service tips. Though it is not legally required, it is conventional for customers to pay service workers tips of fifteen to twenty percent of their base cost, especially in the restaurant industry. In many states, tips can be included as credits toward the Federal Minimum Wage, so many servers and food industry workers can legally be paid at a rate of $2.13 per hour before tips.\\nFederal labor laws protect tips designated for employees. Employers, managers, and supervisors are not permitted to keep employee tips, and are required to redistribute any tips collected in a pool to their employees within the pay period. In 2018, Congress amended parts of the Federal Labor Standards Act (FLSA), adding a section that “prohibits employers from keeping their employees tips ‘for any purposes, including allowing managers or supervisors to keep any portion of employees tips’ even if they do not claim a tip credit. ” The amendments also gave the Department of Labor power to recover tips unlawfully kept by an employer and the right to impose civil penalties. \\nDepending on the format of the tips, different rules may apply to the amount of tips owed to the employees. If paid in cash, an employee is entitled to receive their tips in the full amount. However, paying and tipping using credit cards has become standard practice amongst customers. To account for the fees incurred from credit card processing, employers will deduct the card fee from the employees’ tips, but this practice is illegal in some states such as California. Under New York State Law, however, employers are permitted to deduct the employees share of the credit card processing fee from their tips.\\n \\nTip Disputes\\nGiven that tips often make up the majority of service workers’ income, the distribution of tips in a fair and timely manner is integral to service employees. However, across the United States, many disputes from deceptive or unlawful tipping practices have arisen between service employers and their employees. \\nNobu, one of the most well-known high-end restaurant chains, recently had bartenders walk out of their shifts at their biggest location in Las Vegas. No further details have emerged from this incident, but Nobu is not a stranger to improper tipping practices. In 2007, a federal lawsuit was filed by two waiters who alleged that they were forced to share tips with their managers and were not properly compensated for their overtime hours. The case was settled in 2009 – with the court ordering the chain to pay $2.5 million to hundreds of workers. \\n&nbsp;\\nSeek Legal Assistance Today \\nWage theft is a serious issue that can and should be challenged. If you feel that your tipping rights as a worker have been violated, contact The Working Solutions Law Firm! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel. \\nExpert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The United States is well known for its unique culture of service tips. Though it is not legally required, it is conventional for customers to pay service workers tips of fifteen to twenty percent of their base cost, especially in the restaurant industry. In many states, tips can be included as &#8220;credits&#8221; toward the Federal&hellip;</p>\\n"},{"id":22110,"path":"/blog/sec-fines-activision-blizzard-35m-for-whistleblower-infractions","slug":"sec-fines-activision-blizzard-35m-for-whistleblower-infractions","modified":"2023-02-09T12:51:50","title":"SEC Fines Activision Blizzard $35M for Whistleblower Infractions","content":"Activision Blizzard, the video game company that produced popular games including Call of Duty and Guitar Hero, has been fined $35 million by the U.S. Securities and Exchange Commission for violating whistleblower protection rules. Just last year, the company paid $18 million to settle an EEOC lawsuit regarding claims of sexual harassment and discrimination. Activision Blizzard has been publicly accused of fostering a culture of inappropriate comments and advancements toward its female staff, as well as flouting obligations to report such complaints. \\nThe recent SEC fine followed revelations that between 2016 and 2021, Activision Blizzard “made departing employees sign agreements promising that they would inform the company if an agency like the SEC contacted them in the course of an investigation.” This violates the Dodd-Frank Act, which prohibits retaliation against whistleblowers. The Act also entitles whistleblowers with helpful information and between 10 percent and 30 percent of total earnings the SEC may accrue from its use. \\nWhistleblower Rights in the Workplace\\nWhile the SEC did not comment on any specific instances of employees who withheld whistleblower complaints after being subjected to the company’s agreement, the agency did suggest that the company’s attempt to intervene in government investigations may have discouraged employees from reporting possible securities law violations. \\nTaking action to impede former employees from communicating directly with the commission staff about a possible securities law violation is not only bad corporate governance, it is illegal, said Jason Burt, director of the SECs Denver regional office.\\nThe SEC defends workers’ rights to inform government agencies of their employers’ potential wrongdoing. Laws like the Dodd-Frank Act and the Whistleblower Protection Act, as well as the Supreme Court case Lawson vs. FMR, make retaliation, discrimination, and/or harassment against whistleblowers illegal in the workplace. \\nVictims of retaliation following a whistleblower complaint may have serious claims. To best evaluate your situation, speak with a professional employment attorney who can advise on your available options. The Working Solutions Law Firm is home to highly-qualified attorneys who are ready to defend your right to divulge illicit activity in the workplace.\\nContact the Working Solutions Law Firm Today!\\nHave you experienced backlash for disclosing complaints of workplace wrongdoing? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including retaliation and discrimination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Activision Blizzard, the video game company that produced popular games including Call of Duty and Guitar Hero, has been fined $35 million by the U.S. Securities and Exchange Commission for violating whistleblower protection rules. Just last year, the company paid $18 million to settle an EEOC lawsuit regarding claims of sexual harassment and discrimination. Activision&hellip;</p>\\n"},{"id":22102,"path":"/blog/has-your-employer-violated-labor-laws-contact-the-law-office-of-christopher-q-davis-today-2","slug":"has-your-employer-violated-labor-laws-contact-the-law-office-of-christopher-q-davis-today-2","modified":"2023-02-09T09:11:03","title":"Has Your Employer Violated Labor Laws? Contact The Working Solutions Law Firm Today!","content":"Has your employer violated labor laws? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime, discrimination, and FMLA. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Has your employer violated labor laws? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the&hellip;</p>\\n"},{"id":22099,"path":"/blog/are-you-experiencing-sexual-harassment-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-experiencing-sexual-harassment-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-02-07T10:17:28","title":"Are You Experiencing Sexual Harassment At Work? Contact The Working Solutions Law Firm Today!","content":"Are you experiencing sexual harassment in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including harassment, retaliation, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you experiencing sexual harassment in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas&hellip;</p>\\n"},{"id":22106,"path":"/blog/golf-club-manager-fired-for-speaking-out-against-sexual-harassment-discrimination-in-hiring","slug":"golf-club-manager-fired-for-speaking-out-against-sexual-harassment-discrimination-in-hiring","modified":"2023-02-06T16:17:51","title":"Golf Club Manager Fired for Speaking Out Against Sexual Harassment, Discrimination in Hiring","content":"A former manager of the Twin Mills Golf Club in North Carolina sued his employer for allegedly retaliating against him after he spoke out against pervasive sexual harassment at the country club. Kenneth Bauman filed a civil rights complaint and cited violations of the North Carolina Retaliatory Employment Discrimination Act in his lawsuit against parent company BlueStar Resort &amp; Golf LLC.\\n“Bauman reported multiple instances of harassment to the clubs management, but management ignored or otherwise did not take these reports seriously,” the suit stated. The manager, who earned praise as an exemplary employee with no disciplinary track record, escalated his concerns to the vice president of human resources at BlueStar. In response to his complaint, the executive told Bauman that he “should consider his future” with the company. \\nSpeaking Up in the Workplace \\nManagers, in particular, have an obligation to protect their employees from wrongdoing in the workplace. A reluctance to do so may result in claims of negligence. WhenBauman spoke to the general manager about the issue of sexual harassment on the job, his complaints were overlooked. \\nAn employer may be held liable for sexual harassment instigated by a supervisor, employee, or non-employee if: \\n\\nThey knew or should have known\\nDid not reasonably try to prevent and \\nPromptly correct the harassing behavior\\nThe employee proactively took advantage of any preventive or corrective opportunities provided by the employer\\n\\nAlthough complaining to human resources may feel like an intimidating process, doing so creates a formal record of the employer’s knowledge of a wrongful instance. In court or settlement negotiations, this record can serve as critical evidence. \\nTitle VII of the Civil Rights Act\\nTitle VII of the Civil Rights Act prohibits employment discrimination based on race, age, sex, creed, and national origin. It is generally used to protect victims of wrongful discrimination, although it can also be used to address a company’s culture. In his claim, Bauman also claimed to have witnessed discriminatory hiring practices against gay candidates. \\nContact the Working Solutions Law Firm Today!\\nHave you been retaliated against for reporting sexual harassment in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including sexual harassment, retaliation, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former manager of the Twin Mills Golf Club in North Carolina sued his employer for allegedly retaliating against him after he spoke out against pervasive sexual harassment at the country club. Kenneth Bauman filed a civil rights complaint and cited violations of the North Carolina Retaliatory Employment Discrimination Act in his lawsuit against parent&hellip;</p>\\n"},{"id":22093,"path":"/blog/judge-overrules-interns-service-dog-lawsuit-against-hospital","slug":"judge-overrules-interns-service-dog-lawsuit-against-hospital","modified":"2023-02-03T13:08:17","title":"Judge Overrules Intern’s Service Dog Lawsuit Against Hospital","content":"Service dogs are becoming increasingly common in workplace accommodations requested by employees that have disabilities. In January 2023, U.S. District Judge Paul D. Borman granted a hospital’s request for summary judgment after a student intern sued the facility for disability discrimination when her service dog accommodation was removed. A summary judgment is a judgment provided by a judge for one party against another party without a full trial. The court ruled that the charges alleging violations of the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, and the Michigan Persons with Disabilities Civil Rights Act were unfounded because of the unique threat that the dog posed to people with allergies. \\n \\nAccommodations for Medical Alert Dogs \\nMia Bennett was a nursing student at the University of Michigan-Flint who was completing her required clinical training rotation at Hurley Medical Center, a nearby hospital in Flint, Michigan. A sufferer of Generalized Anxiety Disorder and intense panic attacks, Bennett asserted that her Corgi, who she trained as a “medical alert dog”, was crucial for the alleviation of her anxiety symptoms. According to the summary judgment opinion, Bennett preferred the presence of her dog to medications such as Ativan, which are unsuitable for a work environment because of side effects such as dizziness, blurred vision, and nausea. \\nPrior to the start of her nursing rotation in 2020, Bennett emailed a representative at the hospital’s Human Resources Department to apply for an accommodation that would allow her to “utilize” her dog while on shift. A statement from her doctor was provided in this application, and stated that the dog “would “alert [Bennett] to physiological signs of an episode that allow her to take steps to avoid a panic attack.”” After some discussions, the hospital’s recruitment manager and legal counsel determined that the request would be approved on the condition that the dog comply with “[Hurley’s] Standard Practice 4050.” According to Hurley Medical Center’s Standard Practices, a service animal “must be permitted to accompany a person with a disability almost everywhere within the Facility,” but certain areas would be considered off limits if the presence of a dog can potentially jeopardize “the safe operation of the Facility.” One of the circumstances that would limit the presence of a service dog included the existence of allergies or phobias by either patients or hospital staff. \\nBennett was staffed on floor 7E of the hospital, which treated many immunocompromised patients such as those with congestive heart failure, vascular issues, and renal treatments.” On the first day that Bennett’s dog arrived at the hospital, several nurses stationed on floor 7E began experiencing allergic reactions and were accordingly sent to other wings of the hospital. According to the hospital, “This reshuffling ‘caused a burden on the unit’ because it left them ‘short a person’ and required the assistant nurse manager to ‘sit at the nurses station and not be mobile.’” A patient on the floor also began experiencing symptoms of an allergic reaction. After numerous proposals made by Bennett and the hospital to move Bennett to a different floor, or have her dog wear a special anti-shedding suit, failed to work out, Bennett completed the rest of her rotation without her dog.\\n&nbsp;\\nThe Loophole in the ADA for Public Entities\\nBennett filed a suit against Hurley Medical Center in March 2021, alleging that the hospital violated Title II of the ADA by excluding her from participation in programs of any public entity, thus subjecting her to intentional discrimination and limiting her from several rights that are accessible to others. For the same reasons, Bennett brought charges on the grounds of the Rehabilitation Act of 1973, and Michigan’s Persons With Disabilities Civil Rights Act. \\nThe federal judge, in this case, noted that ADA regulations did not require the hospital to include Bennett in their services, programs, or activities when she posed “a direct threat to the health or safety of others.” Because the hospital initially granted Bennett’s accommodation request and she refused alternative measures of keeping him, the judge concluded that “No reasonable jury could dispute that Hurley did conduct an individualized assessment and reasonably concluded that Pistol, who would have accompanied Bennett to every patient on her rounds with doctors and nurses, was a direct threat to the health and safety of all the patients and staff on 7E and 9E.\\n&nbsp;\\nSeek Legal Assistance Today \\nThe law provides accommodations for employees with disabilities. Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of law, including FMLA, unpaid wages, and overtime. Whatever your employment issue is, please reach out for a consultation.","excerpt":"<p>Service dogs are becoming increasingly common in workplace accommodations requested by employees that have disabilities. In January 2023, U.S. District Judge Paul D. Borman granted a hospital’s request for summary judgment after a student intern sued the facility for disability discrimination when her service dog accommodation was removed. A summary judgment is a judgment provided&hellip;</p>\\n"},{"id":22090,"path":"/blog/microsoft-plans-to-warn-all-employees-of-termination-with-60-days-notice","slug":"microsoft-plans-to-warn-all-employees-of-termination-with-60-days-notice","modified":"2023-02-03T10:24:41","title":"Microsoft Plans to Warn All Employees of Termination with 60 Days Notice","content":"Microsoft announced it would lay off 10,000 workers this month, on trend with other companies in the industry including Amazon and Meta. One of the largest tech companies in the world, Microsoft’s CEO, Satya Natella, referenced economic turbulence and suggested the company was strategizing for the next wave of AI computing as reasons for the mass layoffs. In his memo he mentions, “while we are eliminating roles in some areas, we will continue to hire in key strategic areas.”\\nBusiness experts have reported that many tech companies over-expanded during the pandemic, increasing their workforce at a time when many other industries were consolidating their own. Having capitalized on the excess of talent during the pandemic then, major technology companies are paying for those decisions now. Microsoft estimates its recent job cuts will cost the company about $1.2 billion. The tech giant plans to compensate affected employees with “above-market severance pay, continuing healthcare coverage for six months, continued vesting of stock awards for six months, career transition services, and 60 days’ notice before termination, regardless of whether such notice is legally required.” \\nWARN Act Compliance \\nMicrosoft’s decision to proactively alert employees of their termination with 60 days’ notice is a move designed to robustly protect them from accused violation of the WARN Act. The WARN Act, or Workers Adjustment and Retraining Notification Act, of 1988 is a federal labor law that protects employees, their families, and communities from sudden mass layoffs and plant closures. It requires employers that have over 100 employees to notify their staff in advance of significant job cuts. \\nEmployers must adhere to the WARN Act when they terminate at least 50 workers at one time. Contract workers, consultants, and business partners – who are not direct employees of the company but may be affected by its layoffs – are not protected under the WARN Act. \\nThe Department of Labor oversees the regulation of the WARN Act. The agency created guidebooks for employees and employers on their rights under the Act.\\nEmployers may offer severance packages to affected employees to help ease financial hardships post-termination. But these financial packages often include clauses in which employees sign away their rights to sue for cause, including for violations of the WARN Act. It is wise to have an experienced employment attorney review your severance agreement so that you know exactly what it is you’re signing. \\nContact the Working Solutions Law Firm!\\nHave you been affected by a mass layoff without proper notice? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including wrongful termination,  FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Microsoft announced it would lay off 10,000 workers this month, on trend with other companies in the industry including Amazon and Meta. One of the largest tech companies in the world, Microsoft’s CEO, Satya Natella, referenced economic turbulence and suggested the company was strategizing for the next wave of AI computing as reasons for the&hellip;</p>\\n"},{"id":22076,"path":"/blog/have-you-been-wrongfully-terminated-contact-the-law-office-of-christopher-q-davis-today-3","slug":"have-you-been-wrongfully-terminated-contact-the-law-office-of-christopher-q-davis-today-3","modified":"2023-02-02T13:15:17","title":"Have You Been Wrongfully Terminated? Contact The Working Solutions Law Firm Today!","content":"Have you been wrongfully terminated by your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including wrongful termination, retaliation, and severance. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been wrongfully terminated by your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas&hellip;</p>\\n"},{"id":22073,"path":"/blog/are-you-facing-age-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-facing-age-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-01-31T10:24:10","title":"Are You Facing Age Discrimination At Work? Contact The Working Solutions Law Firm Today!","content":"Are you facing age discrimination in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including discrimination, FMLA, and wrongful termination. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you facing age discrimination in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas&hellip;</p>\\n"},{"id":22084,"path":"/blog/ohio-amusement-park-hit-with-age-discrimination-class-action-complaint","slug":"ohio-amusement-park-hit-with-age-discrimination-class-action-complaint","modified":"2023-01-31T09:02:54","title":"Ohio Amusement Park Hit with Age Discrimination Class Action Complaint","content":"The Cedar Point amusement park in Sandusky, Ohio has been hit with a collective class action complaint from a former employee who alleged the company “indisputably” discriminated against older workers in a recent policy change. The amusement park updated its policy on subsidized housing, which has routinely been offered to seasonal employees as an incentive to work on the shorelines of Lake Erie, and opted to limit the housing’s availability to younger workers. The company’s new policy makes subsidized housing exclusive to workers between the ages of 18 to 29. \\nA 65-year-old former employee and current resident of Glendale, California sued Cedar Point owner-operator Cedar Fair LP and its subsidiary, Magnum Management Corp., in Ohio federal court. His complaint alleged that the attempt to offer subsidized housing only to younger workers explicitly violates the Age Discrimination in Employment Act. \\nWhat is the Age Discrimination in Employment Act? \\nThe Age Discrimination in Employment Act (ADEA) was enacted by Congress in 1967 and signed into law by President Lyndon B. Johnson. It is a federal law that forbids employment discrimination against anyone 40 years or older. The Act deters the exclusion of older workers from jobs by making it illegal to erroneously reject candidates or fire them based on their age. \\nThe Act does create a narrow carve out for establishing “that the age limitation is a bona fide occupational qualification necessary to the performance of the duties of the position.” But employee benefits, such as those offered to the seasonal workers of Cedar Park amusement park, may not be sanctioned by age. \\nCalculating Damages\\nThe Equal Employment Opportunity Commission (EEOC) regulates the “remedies for employment discrimination.” Compensatory damages may be paid out to reimburse affected individuals for costs associated with their discrimination, such as medical expenses or compensation for mental anguish and inconvenience. Punitive damages may also be charged to an employer as a form of financial punishment. \\nThere are limits on the size of compensatory damages, which vary based on the size of an employer. They are as follows: \\n\\nFor employers with 15-100 employees, the limit is $50,000.\\nFor employers with 101-200 employees, the limit is $100,000.\\nFor employers with 201-500 employees, the limit is $200,000.\\nFor employers with more than 500 employees, the limit is $300,000.\\n\\nAge discrimination is a serious violation of federal and state law. Employment attorneys like those at the Working Solutions Law Firm know the right questions to ask. Don’t hesitate to reach out for a free case evaluation and get a better understanding of your rights. \\nContact the Working Solutions Law Firm Today!\\nHave you been the victim of age discrimination in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including discrimination, FMLA and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The Cedar Point amusement park in Sandusky, Ohio has been hit with a collective class action complaint from a former employee who alleged the company “indisputably” discriminated against older workers in a recent policy change. The amusement park updated its policy on subsidized housing, which has routinely been offered to seasonal employees as an incentive&hellip;</p>\\n"},{"id":22065,"path":"/blog/hudson-bay-beats-class-action-severance-pay-lawsuit","slug":"hudson-bay-beats-class-action-severance-pay-lawsuit","modified":"2023-01-27T13:54:01","title":"Hudson Bay Beats Class-Action Severance Pay Lawsuit","content":"A U.S. District Judge dismissed a former Lord &amp; Taylor employee’s class-action lawsuit against Hudson’s Bay Company, a retail business group that sold Lord &amp; Taylor to fashion rental company Le Tote in 2019. Hudson’s Bay retained a 25% equity stake in Le Tote, and two company board positions. \\nAccording to the original complaint filed in January 2023, former employee Roxanne Cope worked at Lord &amp; Taylor from 2013 until she was laid off in March 2020. Cope accepted the severance agreement provided by Lord &amp; Taylor, and she also applied for severance under Hudson’s Bay’s severance pay plan. Despite the sale of Lord &amp; Taylor to Le Tote prior to Cope’s termination, Cope argued that Hudson’s Bay’s 25% stake in the company made them liable for fulfilling their severance plan to those who were impacted by Lord &amp; Taylor’s 2020 layoffs. Furthermore, Cope claimed Lord and Taylor qualified as an “affiliate” under the definition in Hudson’s Bay’s severance plan and that no documents were provided to her regarding the sale between Lord &amp; Taylor to Le Tote. \\nThe Court’s Response \\nA Pennsylvania court granted Hudson’s Bay request to dismiss the case with prejudice – meaning that the plaintiff, in this case, cannot refile the same claim again in this court. In the memorandum, Judge Chad F. Kenney asserts that “HBC’s 25% ownership stake in Le Tote clearly does not satisfy the 80% ownership test of Section 1563(a)” of the Internal Revenue Code. Thus, Lord &amp; Taylor did not qualify as an “Affiliate” under Hudson’s Bay’s severance plan. Accordingly, since the “Plaintiff has not alleged facts that Lord &amp; Taylor was an Affiliate of HBC at the time Plaintiff was laid off, Plaintiff is not entitled to benefits under the 2017 HBC Plan. Therefore… Plaintiff’s Complaint fails to state a claim and must be dismissed….No allegations could be stated to overcome this deficiency and satisfy the definition of ‘Affiliate’ from the Plan.” The district court denied Cope’s appeal of the case’s dismissal. \\nThe Laws on Severance Plans: ERISA and the Tax Code\\nSeverance agreements are not required under the Fair Labor Standards Act (FLSA), and are usually determined through agreements made between employers and employees. However, whether an employer makes an informal or formal severance plan for their employees, it is important to note that such plans can be subject to regulations under the Employee Retirement Income Security Act of 1974 (“ERISA”) and the rules for deferred compensation under Section 409A of the Internal Revenue Code.\\nUnder ERISA, a program that “(i) provides retirement income to employees or (ii) results in a deferral of income by employees for a period extending to or beyond the termination of employment generally is treated as a pension plan subject to complex rules for participation, benefits, vesting, and funding.” Employers who have severance plans which qualify for coverage under ERISA may be subject to penalties if they do not comply with ERISA rules.\\nSection 409A of the Internal Revenue Code states that “non-qualified deferred compensation” must abide by rules that regulate the timing of deferred compensation. The Internal Revenue Code provides definitions for legal conditions with respect to corporations, employers, and subsidiaries. \\nSeek Legal Assistance Today \\nAre you unsure about the legal guidelines on severance plans? The Working Solutions Law Firm is here to help! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel. \\nExpert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A U.S. District Judge dismissed a former Lord &amp; Taylor employee’s class-action lawsuit against Hudson’s Bay Company, a retail business group that sold Lord &amp; Taylor to fashion rental company Le Tote in 2019. Hudson’s Bay retained a 25% equity stake in Le Tote, and two company board positions.  According to the original complaint filed&hellip;</p>\\n"},{"id":22054,"path":"/blog/do-you-have-questions-about-your-severance-contract-contact-the-law-office-of-christopher-q-davis-today","slug":"do-you-have-questions-about-your-severance-contract-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-01-26T10:48:21","title":"Do You Have Questions About Your Severance Contract? Contact The Working Solutions Law Firm Today!","content":"Do you have questions about your severance contract? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including severance, wrongful termination, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Do you have questions about your severance contract? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas&hellip;</p>\\n"},{"id":22051,"path":"/blog/has-your-employer-violated-labor-laws-contact-the-law-office-of-christopher-q-davis-today","slug":"has-your-employer-violated-labor-laws-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-01-24T09:17:49","title":"Has Your Employer Violated Labor Laws? Contact The Working Solutions Law Firm Today!","content":"Has your employer violated labor laws? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including discrimination, unpaid wages &amp; overtime, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Has your employer violated labor laws? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the&hellip;</p>\\n"},{"id":22060,"path":"/blog/rocket-mortgage-faces-class-action-lawsuit-over-alleged-failure-to-pay-overtime","slug":"rocket-mortgage-faces-class-action-lawsuit-over-alleged-failure-to-pay-overtime","modified":"2023-01-23T16:35:27","title":"Rocket Mortgage Faces Class Action Lawsuit Over Alleged Failure to Pay Overtime","content":"Amidst a market downturn, mortgage lending company Rocket has been hit with a class action lawsuit for allegedly failing to provide overtime compensation to its bankers. Rocket yielded its position  as the largest mortgage lender in 2022 when the Fed increased interest rates, subsequently increasing mortgage rates. In an attempt to condense its business expenses, Rocket offered two voluntary buyout programs, in April and August, for employees ready to part ways from the company with a severance. \\nFollowing their leave, a group of former bankers filed the class action lawsuit in Arizona federal court. Their lawsuit cites a violation of the Fair Labor Standards Act (FLSA), accusing Rocket of miscalculating the amount of overtime compensation they were owed. \\nWhat is the Fair Labor Standards Act? \\nThe Fair Labor Standards Act (FLSA) is one of the most important labor laws ever passed. First enacted by the 75th Congress in 1938, the FLSA establishes a federal minimum wage and the right to “time and a half” compensation for people who work more than forty hours a week. FLA also extends to fundamental child labor laws. \\nThe FLSA does carve out exceptions for certain employees who work over forty hours a week but may not qualify for overtime pay. A common misunderstanding about overtime suggests that employees who receive a salary are automatically ineligible for overtime compensation. But qualifying for time and half pay is based on an individual’s work duties associated with their job title. Exemptions can be reviewed on the Department of Labor’s reference sheets. \\nIn the case with Rocket Mortgage, a failure to pay overtime compensation when it is due is in direct violation of the FLSA. \\nPending Class Action with Rocket \\nA group of ten former Rocket Mortgage bankers are seeking authorization for their class action, in which they hope to represent current and former Rocket Mortgage brokers who worked more than 40 hours during a given work week but were not paid the proper overtime wage rate. \\nA spokesperson for the company dismissed the lawsuit as “nothing more than a desperate, last-minute attempt by a group of former employees who knowingly and willingly violated the terms of their employment with our company and are already party to pending litigation.”  \\nThe plaintiffs hope to take the case to a jury trial to have their experiences as hourly employees be scrutinized by a panel of their peers. As Rocket Mortgage continues to tread water in the sinking housing market, the pending litigation makes for murkier waters. \\nContact the Working Solutions Law Firm Today!\\nHas your employer failed to pay you time and a half for your overtime hours? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime and severance packages. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Amidst a market downturn, mortgage lending company Rocket has been hit with a class action lawsuit for allegedly failing to provide overtime compensation to its bankers. Rocket yielded its position  as the largest mortgage lender in 2022 when the Fed increased interest rates, subsequently increasing mortgage rates. In an attempt to condense its business expenses,&hellip;</p>\\n"},{"id":22046,"path":"/blog/senior-managing-director-sues-former-firm-for-gender-discrimination","slug":"senior-managing-director-sues-former-firm-for-gender-discrimination","modified":"2023-01-20T16:02:17","title":"Senior Managing Director Sues Former Firm for Gender Discrimination","content":"A senior managing director was fired from her job at an integrated financial services boutique after she reported gender discrimination and unequal pay. According to the complaint filed in January 2023, Ann Deaton was a leading financial manager – a “$2 million+ producer” ranked in the top 1% of female financial advisors in the United States. Prior to her termination from U.S. Capital Advisors (USCA), a Houston-based financial services company, Deaton had been at the company for twelve years and had been steadily stripped of her managerial titles after refusing to accept unequal terms for a fund arrangement between a male colleague and herself.\\nFrom Top Performer to Termination: What Happened?\\nIn September 2021, USCA launched a new proprietary fund and announced that all of the performance fees related to the fund would go to her colleague of equal status, Daniel Harris. Up until the launch of this new fund, Deaton and Harris had been paid equally on the revenue generated from their jointly operated accounts. With this new payment structure, Harris had an incentive to move client assets into this new fund, a conflict of interest that Deaton believed required telling clients about. \\nAfter Deaton raised concerns about this potential conflict of interest, USCA implemented a new payment structure, wherein 35% of the performance fees would go to two men that Harris chose, and Deaton and Harris would split the remaining revenue. Following this announcement, Deaton discovered that USCA would be reducing her seniority and management titles. Furthermore, she was to fund 80% of the revenue transfer to the two men that Harris brought on to the team, while Harris would be funding 20%. Consequently, these measures altogether created a significant decrease in Deaton’s pay. Following her complaint about gender discrimination in January 2022, Deaton was fired from the company six days later. Deaton is currently seeking lost wages and benefits in her lawsuit. \\nGender Discrimination in the Financial Services Sector\\nThe case against USCA illustrates the challenges that women may experience working in a male-dominated field. Women are underrepresented in the financial services industry, and this gender disparity increases with the seniority of job positions. Despite the recent promotion of women to C-suite positions at major banks such as Morgan Stanley and Citigroup, women in the industry say that parity is a long way off. The difficulty in retaining female workers within finance has led some to call the phenomenon the “leaky pipeline syndrome,” referring to the phenomena of women leaving the field at steady rates due to reasons such as wage gaps and lower promotional opportunities. According to the 2019 State of the Workforce Report by ADP Research Institute, the average time for a promotion into a managerial role is 6.6 years for men and 7.4 years for women.\\nIn Deaton’s case, she refused to accept the terms of a work arrangement that she believed to be unjust. After advocating for herself, she was penalized by having her management duties taken from her, an action which she believed should constitute gender discrimination. She was promptly fired days after she explicitly accused her employer of bias. As stated in the complaint, “Deaton realized she was discriminated against due to her gender because she had dared to challenge the gold old boys club.”\\nSeek Legal Assistance Today \\nThe law protects employees from gender discrimination from their employers. If you believe that you have been wrongfully terminated for raising complaints about gender bias, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of law, including FMLA, unpaid wages, and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A senior managing director was fired from her job at an integrated financial services boutique after she reported gender discrimination and unequal pay. According to the complaint filed in January 2023, Ann Deaton was a leading financial manager – a “$2 million+ producer” ranked in the top 1% of female financial advisors in the United&hellip;</p>\\n"},{"id":22025,"path":"/blog/have-you-been-wrongfully-terminated-by-your-employer-contact-the-law-office-of-christopher-q-davis-today","slug":"have-you-been-wrongfully-terminated-by-your-employer-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-01-19T11:11:54","title":"Have You Been Wrongfully Terminated By Your Employer? Contact The Working Solutions Law Firm Today!","content":"Have you been wrongfully terminated by your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including wrongful termination, severance, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been wrongfully terminated by your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas&hellip;</p>\\n"},{"id":22042,"path":"/blog/former-mgm-resorts-employee-sues-for-religious-discrimination-in-vaccine-mandate-case","slug":"former-mgm-resorts-employee-sues-for-religious-discrimination-in-vaccine-mandate-case","modified":"2023-01-18T18:00:33","title":"Former MGM Resorts Employee Sues for Religious Discrimination in Vaccine Mandate Case","content":"A former MGM Resorts International employee who was fired for rejecting his company’s vaccine mandate has filed a civil rights lawsuit in Nevada for religious discrimination. The casino and hotel chain required all salaried and new hire employees to be vaccinated before October 2021, with exceptions for remote workers. Ahead of the deadline, a beverage manager of MGM’S subsidiary Aria Resort &amp; Casino filed for a religious exemption. \\nPer the filed suit, Matthew Backe’s request for a religious exemption was denied, and his “sincerely held religious beliefs” were disputed by Aria. Despite his promise to exercise social distancing, wear masks, and participate in on site COVID-19 testing offered by the casino-hotel, Backe was terminated from his position. \\nThe COVID-19 Case with MGM \\nIn August 2021, when the COVID-19 vaccines became FDA-approved, MGM Resorts became the first casino company in the U.S. to require employees to be vaccinated before the October 2021 deadline. \\nIn a letter sent from CEO Bill Hornbuckle, he recognized that 98% of salaried employees had been vaccinated by the deadline, and 84% of the overall company staff had received vaccinations against COVID-19. His letter also read, “out of many thousands of salaried MGM employees across the country, approximately 90 chose not to participate in this new policy and have left the company.”\\nBackes was one of several who were employees reluctant to get the vaccine. The lawsuit states that he tried to get an exemption based on his religious convictions, “he identified that the vaccine contained aborted fetal cells, that the body is the temple of the lord, and that he is Christian.” The Aria Resort &amp; Casino that Backes managed disputed his claim and denied his exemption. \\nBackes is now suing his former employer for religious discrimination. He also claimed that the vaccine mandate for salaried employees was a form of retaliation, as workers outside of Backes’ employment class were treated “more favorably” by not being subjected to the mandate. \\nVaccine Mandate Litigation \\nMany lawsuits against COVID-19 mandates have been brought by individual plaintiffs with claims of religious discrimination/accommodation. There are over 1,000 active cases against employers in reference to the mandate. \\nThe results of cases have varied widely, some being tossed out of court with prejudice. But a class of healthcare workers in Evanston, Illinois successfully settled with the NorthShore University Health System in August for over $10 million for claims that their employer did not allow religious exemptions or accommodations for the company’s vaccine mandate. \\nEmployees in the public and private sector have taken issue with COVID-19 vaccine mandates. While companies including MGM Resorts have lifted their vaccine requirements, pending litigation may influence the future of decision-making in corporate health and safety. \\nContact the Working Solutions Law Firm Today!\\nHave you been the victim of workplace discrimination and/or retaliation? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including discrimination, FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former MGM Resorts International employee who was fired for rejecting his company’s vaccine mandate has filed a civil rights lawsuit in Nevada for religious discrimination. The casino and hotel chain required all salaried and new hire employees to be vaccinated before October 2021, with exceptions for remote workers. Ahead of the deadline, a beverage&hellip;</p>\\n"},{"id":22035,"path":"/blog/ftc-proposes-to-outlaw-noncompete-agreements","slug":"ftc-proposes-to-outlaw-noncompete-agreements","modified":"2023-01-17T15:35:34","title":"FTC Proposes to Outlaw Noncompete Agreements","content":"FTC chair, Lina Khan, proposed a rule last week that would prohibit businesses from including non-compete clauses in their employment contracts with workers. Citing research that one in five workers are bound by a non-compete clause, Chairperson Khan also referenced a 1944 Supreme Court case to express that the clauses “undermine core economic liberties, burdening Americans’ ability to freely switch jobs.” \\nNon-compete clauses are common contractual obligations for workers, especially in industries that require high levels of knowledge and skill. The tech industry is notable for frequently implementing non-compete clauses to prevent workers from leaving their positions for rival companies or to start their own competitor. Khan estimated the “collective decline in job mobility” to cost workers around $300 billion per year in earning potential. \\nThe FTC’s Critiques on Non-Compete Clauses\\nThe disruption to free flowing talent between companies may suppress earnings and opportunities, suggests Khan in her published proposal, even to workers not directly bound by a non-compete agreement. “When workers [who are] subject to non-compete clauses are blocked from switching to jobs in which they would be better paid and more productive, unconstrained workers in that market are simultaneously denied the opportunity to replace them,” she wrote. This, in turn, may also reduce incentive for companies to increase wages or offer better benefits to workers since competition is intentionally limited. \\nThe report on non-compete clauses continues, citing evidence to suggest that the contractual limitation also stifles innovation. Furthermore, preventing workers from starting their own businesses and limiting the pool of talent available for hire undermines entrepreneurship. By controlling the flow of information and knowledge across businesses with non-competes, product quality is at risk of decline while prices stand to increase. Khan references evidence in the health care sector to suggest a non-compete ban would decrease consumer prices by an estimated amount of $150 billion a year. \\nThe FTC’s Proposition\\nThe proposed rule would modify Section 5 of the FTC Act, which prohibits “unfair or deceptive acts or practices in or affecting commerce.” Non-competes are used across industries and job levels – from warehouse workers to business executives. In her published statement, Khan states that such agreements are coercive in nature and enable business leaders to abuse their bargaining power to hire workers and suppress their wages. \\nThe proposed rule would prevent business leaders from (1) entering into or attempting to enter into a non-compete agreement with a worker; (2) maintaining a non-compete agreement with a worker; or (3) representing to a worker that they are subject to a non-compete without a good faith basis to believe that the worker is subject to an enforceable non-compete.\\nThe new rule would retroactively apply to non-compete clauses that workers may currently be bound by, and instructs employers to distribute communications notifying workers that such agreements are no longer enforceable. \\nThe FTC has not yet voted on Lina Khan’s proposition. \\nContact the Working Solutions Law Firm Today! \\nWe help both workers and employers to successfully address their workplace matters. For a free consultation with one of our representatives, contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>FTC chair, Lina Khan, proposed a rule last week that would prohibit businesses from including non-compete clauses in their employment contracts with workers. Citing research that one in five workers are bound by a non-compete clause, Chairperson Khan also referenced a 1944 Supreme Court case to express that the clauses “undermine core economic liberties, burdening&hellip;</p>\\n"},{"id":22021,"path":"/blog/are-you-a-victim-of-workplace-bias-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-a-victim-of-workplace-bias-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-01-17T10:44:49","title":"Are You A Victim Of Workplace Bias? Contact The Working Solutions Law Firm Today!","content":"Are you experiencing unfair bias in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including discrimination, wrongful termination, and harassment. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you experiencing unfair bias in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many&hellip;</p>\\n"},{"id":22028,"path":"/blog/connecticut-caregivers-sue-agency-for-overtime-wages","slug":"connecticut-caregivers-sue-agency-for-overtime-wages","modified":"2023-01-13T14:05:21","title":"Connecticut Caregivers Sue Agency for Overtime Wages","content":"During the pandemic, healthcare workers across the country faced difficult work conditions. Despite the high demand for these essential workers, being overworked and consequent burnout led many employees to quit in droves, thus creating a crisis of care that the healthcare industry is still struggling to recover from. One factor causing the shortage of healthcare workers has been the employees’ experience of wage theft, particularly amidst the pandemic which was also a crucial event that emphasized the importance of healthcare workers. \\nIn January 2023, personal caregivers in Connecticut filed a lawsuit against their agency to recover overtime, damages, and penalties resulting from the agency’s failure to accurately account for interrupted meal breaks and sleep times during their time working as pandemic providers. Plaintiffs Nnyana Masoloko and Kefilwe Lekuntwane are bringing a class and collective action lawsuit against Your Family Home Care LLC, where they worked as live-in caregivers since June 2019. Their work as caregivers was highly intensive and often required physically assisting clients, which would sometimes interrupt their sleep or meal breaks. Despite the company’s awareness of the issue, the lawsuit states that the agency did not include the time employees spent working during sleep or meal breaks when calculating overtime pay. In addition, the agency allegedly “kept hundreds of thousands of dollars in wages that it should have paid to plaintiffs and the class and collectives, all in violation of state and federal wage and hour laws.\\nWhat Rights Do Caregivers Have? The Federal and State Laws on Home Care Workers\\nAccording to the Fair Labor Standards Acts (FLSA), live-in employees who work shifts of twenty-four hours or more can have their sleep time excluded from their shifts. However, they must be compensated for any interruption during their allocated sleep hours. Furthermore, if the employee cannot get at least five hours of sleep, they must be paid for the entire five hours. According to the lawsuit filed against Your Family Home Care LLC, employees frequently failed to obtain five hours of sleep per night and were not compensated for the hours they were owed. Nevertheless, laws regarding caregiver compensation vary from state-to-state. For instance, under Connecticut State Law the agreement between an employer and employee to exclude their sleep hours from their pay must be made in writing, which the plaintiffs (in this case) claim did not happen. In New York State, live-in caregivers are only entitled to thirteen hours of pay for a twenty-hour shift, although New York City’s Council is currently considering ending this policy.\\nHealthcare Workers Need Wage Protections Now\\nThe Department of Labor (DOL) has demonstrated that it is keen to enforce caregiver protections, especially as reports of wage theft become widespread. Following a DOL investigation, a court ordered a Pittsburg home care agency to pay $1.4 million dollars in lost wages in August 2022. Especially as the demand for healthcare workers continues to grow nationwide, it is more important now than ever that employers in the healthcare and social work industries abide by federal and state employment laws and make an increased effort to retain their workers. \\nSeek Legal Assistance Today \\nDo you believe that your employer has calculated your overtime wages inaccurately? If so,  seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of law, including FMLA, unpaid wages, and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>During the pandemic, healthcare workers across the country faced difficult work conditions. Despite the high demand for these essential workers, being overworked and consequent burnout led many employees to quit in droves, thus creating a crisis of care that the healthcare industry is still struggling to recover from. One factor causing the shortage of healthcare&hellip;</p>\\n"},{"id":22009,"path":"/blog/are-you-not-getting-paid-for-overtime-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-not-getting-paid-for-overtime-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-01-12T11:16:38","title":"Are You Not Getting Paid For Overtime? Contact The Working Solutions Law Firm Today!","content":"Is your employer refusing to pay you for your overtime hours? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. State and local law require that employees receive time-and-a-half pay for any hour worked over 40 per week. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime, severance, and wrongful termination. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Is your employer refusing to pay you for your overtime hours? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. State and local law require that employees receive time-and-a-half pay for any hour worked over 40 per week. Call us today at&hellip;</p>\\n"},{"id":22012,"path":"/blog/has-your-employer-violated-wage-laws-contact-the-law-office-of-christopher-q-davis-today","slug":"has-your-employer-violated-wage-laws-contact-the-law-office-of-christopher-q-davis-today","modified":"2023-01-10T12:07:26","title":"Has Your Employer Violated Wage Laws? Contact The Working Solutions Law Firm Today!","content":"Do you believe that your employer has violated wage laws? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. It is illegal for your employer to force you to work “off the clock,” falsely report your hours, or pay you incorrectly. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime, severance, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you believe that your employer has violated wage laws? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. It is illegal for your employer to force you to work “off the clock,” falsely report your hours, or pay&hellip;</p>\\n"},{"id":22015,"path":"/blog/former-cbd-store-employee-settles-misclassification-and-ot-dispute-with-employer","slug":"former-cbd-store-employee-settles-misclassification-and-ot-dispute-with-employer","modified":"2023-01-10T10:12:50","title":"Former CBD Store Employee Settles Misclassification and OT Dispute with Employer","content":"A former employee of Deep Six CBD reached a settlement with the company over alleged misclassification of his employment status and subsequent pay issues. A Pennsylvania federal judge tossed the plaintiff’s proposed class action lawsuit following the agreed settlement, dismissing the case with prejudice. Details of the settlement were not publicly disclosed. \\nDaniel DeLange, the former employee, worked for the CBD retail outlet for nearly three years as a manager. He was paid an hourly wage of $13 in addition to a sales commission. But DeLange complained that he rarely acted as a supervisor to other employees, which is a legal requirement to be classified as a manager exempt from overtime pay. \\nSeveral criteria must be met to satisfy the managerial classification, which enables managers to dismiss minimum wage and overtime regulations. Contact the employment attorneys at the Working Solutions Law Firm if you feel that your job position has not been tproperly classified. \\nThe Correct Classification of Management \\nThe Department of Labor requires most employees to be compensated with at least federal minimum wage and time and a half pay for hours worked over 40 hours. But for certain employees who satisfy the qualifications for “bona fide executive, administrative, professional and outside sales employees,” exemptions from minimum wage and overtime compensation may apply. \\nMeeting the requirements for minimum wage and overtime exemptions are based on an employee’s job duties and weekly pay. To satisfy the “executive exemption” an employee must satisfy all of the following benchmarks:\\n\\nThe employee must be compensated on a salary basis of at least $684/week;\\nThe employee’s primary (principal, most important) duty must be management of a customarily recognized department or subdivision; \\nThe employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and\\nThe employee must have the authority to hire or fire other employees, or the employee’s recommendations must be given particular weight.\\n\\nManagers who are excessively tasked with menial work may qualify for overtime compensation. In the recent case against Deep Six CBD, manager Daniel DeLange complained that he regularly spent hours each week opening and closing his store. He was not compensated for any of the extra time. \\nContact the Working Solutions Law Firm Today\\nHave you been misclassified in your job? Seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, wrongful termination, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former employee of Deep Six CBD reached a settlement with the company over alleged misclassification of his employment status and subsequent pay issues. A Pennsylvania federal judge tossed the plaintiff’s proposed class action lawsuit following the agreed settlement, dismissing the case with prejudice. Details of the settlement were not publicly disclosed.  Daniel DeLange, the&hellip;</p>\\n"},{"id":22005,"path":"/blog/new-jersey-contractor-sued-for-retaliation-against-employees-who-raised-concerns-about-discrimination-and-fraud","slug":"new-jersey-contractor-sued-for-retaliation-against-employees-who-raised-concerns-about-discrimination-and-fraud","modified":"2023-01-06T14:09:31","title":"New Jersey Contractor Sued for Retaliation Against Employees Who Raised Concerns about Discrimination and Fraud","content":"A new lawsuit filed in New Jersey paints a troubling picture of retaliation that allegedly took place at a pipeline infrastructure management company. Three former workers are suing Progressive Pipeline Management, a contractor of pipeline renewal services, for front and back pay, in addition to punitive and compensatory damages resulting from their alleged wrongful termination from the company. Two of the workers named in the suit were fired after they reported a supervisor’s racist behavior, while the third was terminated after asking to be paid the prevailing wage to which he was entitled.\\nFired for Reporting a Supervisor’s Racist Behavior\\nAccording to a complaint filed in December, plaintiffs Anthony Flores and Barry Baskerville were Latino and Black employees at Progressive Pipeline Management. During their five years of employment at the company, both workers experienced racial harassment and discrimination from their direct supervisor, Shane Lapresti, who is listed as a defendant in the lawsuit. The complaint notes that Lapresti, a Caucasian male, allegedly “[used] his position of power…[and] subjected Plaintiffs and other PPM employees to severe and pervasive comments on account of their race.” In addition to the regular use of racial epithets to harass Flores and Baskerville, Lapresti would target Baskerville in-person and over text about being “locked-up” in front of his co-workers. Lapresti further contributed to a hostile work environment by supposedly texting a worker with mental health issues saying, “you need to go kill yourself.”\\nHaving reached their “breaking point” over the abusive behavior, Baskerville and Flores confided in the general manager about the racist conduct of their superior in December 2021 and May 2022, respectively. Instead of taking action against the supervisor, both workers were fired within days of making the complaints without any explanation. As the lawsuit alleges, “Defendant PPM clearly retaliated against Plaintiffs Flores and Baskerville for their complaints, despite their submissions alleging racial discrimination and harassment by their manager in the workplace.”\\nRetaliation for Invoking the Prevailing Wage Law\\nHakeem Stanton was another employee at Progressive Pipeline Management who was part of a team that provided emergency relief and cleanup on public grounds such as government buildings, train stations, and beaches. Under New Jersey’s Prevailing Wage Law, Stanton should have been paid the specific prevailing wage set by the Commissioner of Labor and Workforce Development, which he qualified for by working on public infrastructure projects. However, Stanton was only paid his base rate, leading to a pay differential of thousands of dollars over his time at the company. \\nAfter complaining about the improper pay rate to a supervisor, Stanton was given a five-day bus ticket home from Los Angeles to New Jersey. The company had originally flown employees from New Jersey to Los Angeles for a work project, and thus, Stanton believed the bus ticket was a form of retaliation for complaining about the prevailing wage. Afterward, Stanton “was wrongfully terminated from his position at Defendant PPM and was never paid the prevailing wages he was owed.”\\nSeek Legal Assistance Today \\nThe law protects employees from retaliation from their employers. If you believe that you have been wrongfully terminated for raising complaints about discrimination, fraud, or violations of the law, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of law, including FMLA, unpaid wages, and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A new lawsuit filed in New Jersey paints a troubling picture of retaliation that allegedly took place at a pipeline infrastructure management company. Three former workers are suing Progressive Pipeline Management, a contractor of pipeline renewal services, for front and back pay, in addition to punitive and compensatory damages resulting from their alleged wrongful termination&hellip;</p>\\n"},{"id":21998,"path":"/blog/are-you-missing-your-overtime-payments-contact-the-law-office-of-christopher-q-davis-today-2","slug":"are-you-missing-your-overtime-payments-contact-the-law-office-of-christopher-q-davis-today-2","modified":"2023-01-05T11:20:15","title":"Are You Missing Your Overtime Payments? Contact The Working Solutions Law Firm Today!","content":"Are you missing your overtime payments from your employer? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime, discrimination, and severance. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you missing your overtime payments from your employer? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas&hellip;</p>\\n"},{"id":22001,"path":"/blog/nyc-cannabis-pizzeria-sued-for-minimum-wage-overtime-compensation-in-proposed-collective-action","slug":"nyc-cannabis-pizzeria-sued-for-minimum-wage-overtime-compensation-in-proposed-collective-action","modified":"2023-01-04T15:05:04","title":"NYC Cannabis Pizzeria Sued for Minimum Wage, Overtime Compensation in Proposed Collective Action","content":"Workers at three New York City cannabis-infused pizzerias are suing their company for failing to provide them with proper wages and overtime compensation. The proposed collective action lawsuit would include hourly prep cooks from the numerous St-ned Pizza restaurants across Brooklyn and Manhattan. Named as a defendant in the suit is the management company, CB Hospitality And Events LLC and its owners Chris Barrett and manager Raul Avila. \\nTwo workers, Neptali Peralta and Maria Jovita Tapia Villanueva, filed a Fair Labor Standards Act and New York Labor Law complaint against the company alleging that the company failed to pay their promised wages and withheld overtime compensation. Peralta and Villanueva also filed complaints under the New York City Human Rights Law after they were replaced with younger workers who allegedly share the same national origin of the company’s owners. \\nUnderpaid Wages\\nIn the court of law, a verbal agreement is not treated as formal as a written contract. Workers who are told they will receive a certain wage should request to see it stated in an employment contract. In the case against St-ned Pizza, wages that were promised to workers were not accurately reflected on their pay stubs. \\nWhen Maria Jovita Tapia Villanueva was first hired as a dessert preparer in April 2021, she was told that her hourly rate would be set at $20. However, when Maria started working 80 hours a week during the first few months of her job, she was only paid an hourly rate of $8.75. In addition to allegations that the company did not provide overtime compensation, the proposed collective action also seeks to address the business’s disregard for New York City’s minimum wage. \\nReplaced by New Hires\\nIn the filed suit, Peralta recounted an interaction with his boss, Raul Avila, who told the worker that there would be forthcoming changes to the currently employed staff so that he may instead bring “his people” into the restaurant. Avila referred to “his people” as “chilangos” meaning Mexicans from Mexico City. Both Neptali Peralta and Maria Jovita Tapia Villanueva are of Hispanic descent. \\nThe plaintiffs alleged that their hours were drastically cut citing “slow business.” Thereafter, the company proceeded to hire several young Mexican workers to join the staff and eventually fired both Peralta and Villanueva. \\nThe two workers brought New York City Human Rights Law national origin discrimination claims against the business owners. This law protects workers from being discriminated against in employment, housing, and public spaces for perceived immigration status or national origin. \\nFurthermore, the workers alleged that they were denied breaks during their shifts and were responsible to pay for their own uniforms which, according to New York law, employers are required to reimburse employees for when demanding specific workplace attire.\\nContact the Working Solutions Law Firm\\nHas your employer withheld your wages or denied overtime compensation? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, discrimination, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Workers at three New York City cannabis-infused pizzerias are suing their company for failing to provide them with proper wages and overtime compensation. The proposed collective action lawsuit would include hourly prep cooks from the numerous St-ned Pizza restaurants across Brooklyn and Manhattan. Named as a defendant in the suit is the management company, CB&hellip;</p>\\n"},{"id":21994,"path":"/blog/are-you-facing-retaliation-at-work-contact-the-law-office-of-christopher-q-davis-today-2","slug":"are-you-facing-retaliation-at-work-contact-the-law-office-of-christopher-q-davis-today-2","modified":"2023-01-03T13:13:49","title":"Are You Facing Retaliation At Work? Contact The Working Solutions Law Firm Today!","content":"Are you being retaliated against in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. It is illegal for an employer to punish an employee in any way for reporting workplace violations or other improper behavior. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including retaliation, discrimination, and harassment. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you being retaliated against in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. It is illegal for an employer to punish an employee in any way for reporting workplace violations or other improper behavior. Contact us&hellip;</p>\\n"},{"id":21989,"path":"/blog/anheuser-busch-settles-workers-retaliation-claims","slug":"anheuser-busch-settles-workers-retaliation-claims","modified":"2023-01-03T09:20:25","title":"Anheuser-Busch Settles Worker’s Retaliation Claims","content":"Anheuser-Busch, the owner of notable beer brands including Budweiser and Stella Artois, settled a worker’s retaliation claims in a concise one-page order. Before resolving the case, however, a portion of Mary Behnke’s retaliation lawsuit was dismissed for not satisfying the statute of limitations for filing such claims. \\nLearn more about the time restrictions you may be under to pursue your claims. Do not hesitate to contact the employment lawyers at the Working Solutions Law Firm for a free, timely consultation to evaluate your case. \\nThe Case\\nMary Behnke sued her employer after she had been subjected to “gender-based harassment for years” as a quality assurance analyst at Anheuser-Busch. Her union disregarded her complaints, which included one male coworker mocking Behnke for having a child out of wedlock and comparing her to his teenage daughter. \\nBehnke also disclosed that she was hospitalized after the company conducted a cleaning of the space above her desk. The cleaning resulted in the release of chemicals, particles and dust that gave Behnke breathing problems. After her hospital visit, she filed a complaint with the Occupational Safety and Health Administration (OSHA). \\nBehnke filed for workers’ compensation following the incident, which was approved by her employer at the time. Not long after the approval, however, Behnke was allegedly written up while performing union steward duties on the job. A union steward serves as an on-site representative for workers and union members, and Behnke stated that conducting her union duties was not something she had been previously disciplined for. She was later stripped of her union steward title as an accused act of retaliation for filing a workers’ compensation claim. \\nThese retaliation claims, however, were dismissed from the suit. Under Ohio state law, certain time restrictions apply for workers filing suits for retaliation. The U.S. District Judge who oversaw the case sided with Anheuser-Busch’s arguments that Behnke’s complaints were filed too late. \\nTime Restrictions on Filing \\nFor filing charges with the Equal Employment Opportunity Commission (EEOC), federal rule holds that complaints must be made within 180 calendar days from the day the discrimination took place. \\nDifferent states may maintain their own deadlines rules for filing complaints. Under Ohio’s workers’ compensation retaliation law, workers must file a suit within 180 days of a retaliatory incident. Workers also have an obligation to alert their employer, via human resources or other management, about the incident within 90 days of its occurrence. \\nAnheuser-Busch argued that Behnke missed both deadlines. She was stripped of her union duties in January 2020 but did not provide the company with written notice of the incident until February 2021, and did not file her suit until August later that year. \\nContact the Working Solutions Law Firm Today!\\nDo not hesitate to consult an attorney if you suspect retaliation is taking place against you. The employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey, are available to provide free case evaluations. Contact us today at (646) 430-7930 at our website to receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Anheuser-Busch, the owner of notable beer brands including Budweiser and Stella Artois, settled a worker’s retaliation claims in a concise one-page order. Before resolving the case, however, a portion of Mary Behnke’s retaliation lawsuit was dismissed for not satisfying the statute of limitations for filing such claims.  Learn more about the time restrictions you may&hellip;</p>\\n"},{"id":21986,"path":"/blog/federal-judge-grants-protective-order-to-laid-off-twitter-employees","slug":"federal-judge-grants-protective-order-to-laid-off-twitter-employees","modified":"2023-01-02T13:49:24","title":"Federal Judge Grants Protective Order to Laid-Off Twitter Employees","content":"Following Elon Musk’s takeover of Twitter, about half of the workforce at the social media company was terminated through sweeping company-wide layoffs. However, these abrupt layoffs are now being challenged in court by former employees at Twitter who alleged that they did not receive proper notice of their termination. In November, a class-action lawsuit was brought against the company for violating the Worker Adjustment and Retraining Notification (WARN) Act. In December, a federal judge required Twitter to inform its laid-off employees of the lawsuit before sending out severance agreements. This development follows a motion filed by former employees for a protective order, which would prevent Twitter from sending out legal agreements to laid-off workers that asked them to release all legal claims against the company. \\nWhat is the WARN Act?\\nThe WARN Act covers those who are employed in a company that has more than one hundred workers and work at least a combined 4,000 hours a week. WARN protects workers by requiring employers to provide notice of mass layoffs and plant closings at least 60 days in advance. \\nMusk’s History of Layoffs\\nThis most recent Twitter lawsuit was informed by lawsuits filed against other companies owned by Musk, such as Tesla. In June, a similar case was brought against the car company, wherein Tesla workers sued Tesla for firing them without proper notice. According to that lawsuit, Tesla failed to notify employees of their layoffs 60 days in advance but urged employees to sign severance agreements that would also release their WARN Act rights. The Tesla lawsuit was recently sent into arbitration. \\nTwitter’s Response?\\nIn court, Twitter replied to workers’ demand for a protective order that would require the company to inform employees of the lawsuit against them, arguing that it was unnecessary given that employment contracts included class action waivers. To this point, the judge overseeing the case stated that it was “not well taken,” and that it was unfair to employees to strip them of their rights to assert legal claims without notifying them of ongoing litigation. \\nSeek Legal Assistance Today \\nHave you been wrongfully terminated by your employer? If so, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of law, including FMLA, unpaid wages, and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Following Elon Musk’s takeover of Twitter, about half of the workforce at the social media company was terminated through sweeping company-wide layoffs. However, these abrupt layoffs are now being challenged in court by former employees at Twitter who alleged that they did not receive proper notice of their termination. In November, a class-action lawsuit was&hellip;</p>\\n"},{"id":21977,"path":"/blog/do-you-have-questions-about-the-warn-act-contact-the-law-office-of-christopher-q-davis-today","slug":"do-you-have-questions-about-the-warn-act-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-12-29T10:28:03","title":"Do You Have Questions About The WARN Act? Contact The Working Solutions Law Firm Today!","content":"Do you have questions about the Worker Adjustment and Retraining Notification (WARN) Act? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. If you were furloughed for six months or more, you may be eligible to receive sixty days of pay and benefits. Contact us today at (201) 879-6986 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including the WARN Act, severance, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about the Worker Adjustment and Retraining Notification (WARN) Act? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. If you were furloughed for six months or more, you may be eligible to receive sixty days of&hellip;</p>\\n"},{"id":21981,"path":"/blog/publix-pays-former-employee-nearly-18000-in-back-pay-and-medical-expenses","slug":"publix-pays-former-employee-nearly-18000-in-back-pay-and-medical-expenses","modified":"2022-12-28T12:00:41","title":"Publix Pays Former Employee Nearly $18,000 In Back Pay and Medical Expenses","content":"Publix, a Florida-based grocery store chain, paid nearly $18,000 to a former employee after a Department of Labor investigation revealed that the company mishandled the worker’s medical rights. The former employee left their position at one of the company’s warehouses to treat health conditions that would be covered under the Family Medical Leave Act (FMLA), a federal law that enables individuals to take time off from their job, often unpaid, and return to the same position at a later date so they can care for their own or a family member’s ailment. \\nEmployers have an obligation to inform employees of their ability to apply and qualify for FMLA. The recent case against Publix found that management of the grocery store did not notify the employee of their eligibility to seek FMLA despite knowing about the worker’s health condition. In a decision facilitated by the Department of Labor, the victim was able to recover back pay and medical expenses. \\nApplying and Qualifying for the Family Medical Leave Act (FMLA) \\npaysFMLA entitles eligible employees to take up to twelve weeks of job-protected leave in a single year. Eligibility for the program, in addition to having a serious reason to take time off, is based on an employee’s time at a company. An employee must have worked 1250 hours within the last 12 months, been employed for at least 12 months total time for the employer; and be employed at a facility at which at least 50 employees are employed within a 75-mile radius. \\nFMLA is not limited to a single use, and it can be reapplied for in the following calendar year under the same qualifications. The federal government lists the following situations as protected reasons to take FMLA:\\n\\nthe birth of a child and to care for the newborn child within one year of birth;\\nthe placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;\\nto care for the employee’s spouse, child, or parent who has a serious health condition;\\na serious health condition that makes the employee unable to perform the essential functions of his or her job;\\nany qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty” \\n\\nThe federal FMLA law creates a baseline standard for providing employees with time off. Other states, including New Jersey, Connecticut, and Washington, D.C. have additional measurements of eligibility that substantiate the federal rules. You can read more about FMLA on the Department of Labor’s fact sheet website here.\\nAn Employer’s Obligation Under FMLA \\nEmployers are required to restore an employee to their original position when they return from FMLA. It is wrongful for them to demote or relocate an employee upon returning to work, and this may be an example of retaliation. In addition to preserving an employee’s position, employers must also maintain an employee’s health benefits while they are on FMLA. \\nEmployers are also legally required to notify employees of the FMLA program and respond in a timely manner to any requests for its qualification. In the case of Publix, management was held liable for back pay they may not have been responsible for had they abided by the FMLA requirements.. \\nEmployees must be properly informed of their rights and responsibilities while they are on FMLA and any consequences for violating its rules. Posters that explain what FMLA is and how to apply for it should be clearly displayed, or made available, for all employees. Employer obligations to publicize and respond to FMLA requests can be reviewed on this Department of Labor sheet.\\nContact the Working Solutions Law Firm\\nWere you deterred from seeking approved leave under the FMLA because your employer withheld information about the program? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA, wrongful termination, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Publix, a Florida-based grocery store chain, paid nearly $18,000 to a former employee after a Department of Labor investigation revealed that the company mishandled the worker’s medical rights. The former employee left their position at one of the company’s warehouses to treat health conditions that would be covered under the Family Medical Leave Act (FMLA),&hellip;</p>\\n"},{"id":21974,"path":"/blog/do-you-have-questions-about-your-fmla-rights-contact-the-law-office-of-christopher-q-davis-today","slug":"do-you-have-questions-about-your-fmla-rights-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-12-27T11:42:03","title":"Do You Have Questions About Your FMLA Rights? Contact The Working Solutions Law Firm Today!","content":"Do you have questions about your rights under the Family Medical Leave Act (FMLA)? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including FMLA, discrimination, and retaliation. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Do you have questions about your rights under the Family Medical Leave Act (FMLA)? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment&hellip;</p>\\n"},{"id":21971,"path":"/blog/trucking-company-settles-class-action-over-misclassification-ending-nine-year-litigation","slug":"trucking-company-settles-class-action-over-misclassification-ending-nine-year-litigation","modified":"2022-12-26T18:50:50","title":"Trucking Company Settles Class Action Over Misclassification Ending Nine Year Litigation","content":"Following a ruling made by a federal judge last month,Trucking company, Hub Group Inc., was ordered to pay $7.25 million to a class of California drivers who accused the company of misclassifying them as independent contractors.. In her decision, Judge Mays elaborated that the risks of continued litigation are substantial due to the uncertainty and changing legal landscape affecting several critical federal preemption issues.” \\nHer comment refers to the ever-evolving nature of classifying independent contractors and determining which federal rules apply to their work. As independent contract work has flourished as a mainstream employment option, courts nationwide have struggled to formulate specific litigation and legislation that defines the legal line from its W-2 employee alternative. \\nThe recent decision in the Hub Group Inc. case concludes a prolonged litigation of over nine years. The multi-million dollar settlement was ultimately agreed to “only after the trucking company stopped hiring independent contractors as drivers in California, a change that occurred independently of the settlement, but that nevertheless shows the suit ‘provided an additional benefit to class members,’ Judge Mays said.”\\nWho, What, Where? \\nDrivers misclassified as independent contractors are at risk of being denied standard employment benefits including a minimum wage, overtime compensation, and paid time off. Contractors are also not covered by protective federal organizations such as the Occupational Safety and Health Administration (OSHA) and do not receive workers’ compensation for injuries suffered on the job. \\nThe California Supreme Court produced a 2018 decision that introduced an ABC test for evaluating a worker’s status as an independent contractor or employee. Using the test, a worker is considered an employee unless a company can demonstrate that the worker is “free from its control, performs work outside its line of business and operates as an independent firm.”\\nThe litmus test for classifying employment does not, however, clarify what federal laws preempt state laws. The Federal Aviation Administration Authorization Act (F4A), for instance, may conflict with prong B of the test. The law “prohibits a State…from enforcing any law related to price, route, or service…when such a carrier is transporting property by aircraft or by motor vehicle.” Judicial commentary has not been consistent on whether the federal law undermines California’s classification test. \\nCalifornia has been at the forefront of addressing disparities between protections for independent contractors, particularly on issues pertaining to safety. Despite potential contradictions with the intricacies of federal law, California codified its ABC test in Assembly Bill 5. The law instills that all workers are employees unless proven otherwise, securing more workers in their wages and positions. \\nContact the Working Solutions Law Firm Today!\\nDo you suspect that you’ve been misclassified in your job? If so, contact us today at (646) 430-7930 to receive a free case evaluation and connect with experienced legal counsel. The employment lawyers of the Working Solutions Law Firm are located in New York City and Livingston, New Jersey. \\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, retaliation, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Following a ruling made by a federal judge last month,Trucking company, Hub Group Inc., was ordered to pay $7.25 million to a class of California drivers who accused the company of misclassifying them as independent contractors.. In her decision, Judge Mays elaborated that &#8220;the risks of continued litigation are substantial due to the uncertainty and&hellip;</p>\\n"},{"id":21966,"path":"/blog/the-us-court-of-appeals-reverses-decision-on-fmla-lawsuit-against-fiat-chrysler","slug":"the-us-court-of-appeals-reverses-decision-on-fmla-lawsuit-against-fiat-chrysler","modified":"2023-03-14T16:21:12","title":"The US Court of Appeals Reverses Decision on Mental Health FMLA Lawsuit Against Fiat Chrysler","content":"In November, the United States Court of Appeals reversed a judgment made in favor of Fiat Chrysler Automobiles US LLC, an automobile manufacturer that was sued by a former employee for FMLA interference and retaliation. The Family and Medical Leave Act, commonly referred to as FMLA, is a federal law that provides the right to unpaid, protected leave for family and medical reasons for eligible employees. Edward Render, the lawsuit’s plaintiff, was an assembly line worker at one of Fiat Chrysler’s factories. Due to inconsistent attendance, Fiat Chrysler had previously fired Render but conditionally reinstated him after Render filed a complaint through his union. The terms of Render’s conditional return to work were based on his improved attendance in the next year. In the case that Render incurred two unexcused tardies or one unexcused absence, Fiat Chrysler would be allowed to fire him.\\nRender suffered from anxiety and depression – illnesses that would at times highly interfere with his ability to go to work. He applied for FMLA leave in order to manage these symptoms which was approved by Fiat Chrysler’s leave administrator. The Michigan district court found that Render had not given Fiat Chrysler sufficient notice of his tardies or absences, and thus ruled in favor of Fiat Chrysler’s petition for a summary judgement in Render’s lawsuit. However, according to the appeal, Fiat Chrysler’s employees gave Render contradictory and unclear instructions on how to report an FMLA-related work tardy or absence. While Render claimed that he specifically mentioned FMLA as a reason for his tardiness and absences, administrators at Fiat Chrysler claimed that Render did not properly give notice for his FMLA claims, and they could not find the information in their system. Because Render accrued more tardies and absences than what was permitted from his conditional reinstatement, he was ultimately fired from the company.\\nWhat counts as Interference and Retaliation in an FMLA Lawsuit?\\nRender brought forth two FMLA claims against Fiat Chrysler: interference and retaliation. Prohibited activities of employers under FMLA include interference with an employee exercising their FMLA rights, as well as discriminating and discharging an employee who has attempted to exercise any FMLA rights. The Michigan district court ruled in favor of Fiat Chrysler because it found that Render did not give sufficient notice to his employer for his tardiness and absences. Since Fiat Chrysler alleged that they were unaware of his attempt to engage in a protected activity, Render’s retaliation claim was rejected. \\nIn repealing the Michigan district court’s decision, the Court of Appeals argued that determining whether or not Render appropriately contacted his employer each time he had a tardy or an absence was focusing the discussion in the wrong place. The judges stated that Render did not need to formally notify Fiat Chrysler every time he planned to use his FMLA leave. The regulation provides that “whether FMLA leave is to be continuous or is to be taken intermittently . . . notice need only be given one time, but the employee shall advise the employer as soon as practicable if dates of the scheduled leave.” Since Render did seek approval for intermittent FMLA leave, he complied with the requirements for giving appropriate notice for FMLA leave. \\nThe claims against Fiat Chrysler have been brought back to court. Render’s legal counsel stated that he was “very pleased with the Sixth Circuits decision today to uphold the commonsense concept that employees who have been approved for intermittent FMLA leave should not have to meet unreasonable and unrealistic requirements for giving notice for each day that they miss work due to their medical condition.”\\nSeek Legal Assistance Today \\nHas your employer improperly handled your claims to medical and/or family leave? If so, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In November, the United States Court of Appeals reversed a judgment made in favor of Fiat Chrysler Automobiles US LLC, an automobile manufacturer that was sued by a former employee for FMLA interference and retaliation. The Family and Medical Leave Act, commonly referred to as FMLA, is a federal law that provides the right to&hellip;</p>\\n"},{"id":21957,"path":"/blog/do-you-have-questions-about-fmla-contact-the-law-office-of-christopher-q-davis-today","slug":"do-you-have-questions-about-fmla-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-12-22T17:40:13","title":"Do You Have Questions About FMLA? Contact The Working Solutions Law Firm Today!","content":"Do you have questions about the Family Medical Leave Act (FMLA)? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including FMLA, discrimination, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about the Family Medical Leave Act (FMLA)? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize&hellip;</p>\\n"},{"id":21961,"path":"/blog/perdue-farms-settles-allegations-of-anti-competitive-collaboration-with-undisclosed-amount","slug":"perdue-farms-settles-allegations-of-anti-competitive-collaboration-with-undisclosed-amount","modified":"2022-12-22T09:37:32","title":"Perdue Farms Settles Allegations of Anti-Competitive Collaboration with Undisclosed Amount","content":"Perdue Farms agreed to settle a lawsuit filed by workers in the Maryland and Colorado federal courts over claims that the poultry distributor plotted to depress wages, The parties said they plan to seek preliminary approval of the settlement in the near future.\\nA settlement in a legal case is notably different from a court-ordered fine. Namely, Perdue’s decision to settle means they may also decline accountability for their alleged wrongdoing. Accused of depressing wages and engaging in anti-competitive schemes, Perdue still denies that it did anything wrong in this case. In a statement online, the meat producer wrote, “To be clear, we deny these allegations, and Perdues record of competitive wages and benefits speaks for itself.” \\nA Cabal of Chicken Farmers?\\nIn 2019, a class of workers accused several major meat producers, including Perdue, Tyson Foods, and Cargill of illicitly collaborating to suppress workers’ earnings. The plaintiffs alleged that executives were attending meetings in which they shared details about each firm’s offered wages and benefits, which led to anti-competitive industry standards. \\nIn their complaint, the workers expressed that the benchmark benefits primarily harmed migrant workers, refugees, prison laborers, and “other categories of vulnerable people with few alternative employment options.” \\nPerdue is just the latest producer that has opted to settle such allegations with their workers. Several other major producers, who faced similar accusations, have already settled, including Pilgrims Pride Corp, Georges Foods and Simmons Foods. In September, a U.S. District Judge signed a collection of settlements between several farms and their plant employees worth nearly $85 million.\\nThe Seriousness of Settling \\nSettling a court case is an expeditious way for both parties to limit their legal fees and walk away sooner. For victims, settlements usually entail lump sum payouts. They are similar to the damages a judge would order defendants to pay, but defendants instead choose to volunteer them on their own terms. Following its decision to settle, Perdue stated “as we remain focused on providing high quality protein to families across the country, we felt it would be best to avoid the expense of protracted litigation and put these claims behind us, \\nOften, large companies choose to settle their cases to avoid excessive publicity and scrutiny of their allegations. Settlements tend to preserve a company’s reputation and privacy, as details of the settlement are not necessarily public information. In the recent case of Perdue, neither party has revealed major details about the settlement. Those who qualify to receive the pay out may be required to sign an NDA before receiving it. \\nAvoiding a formal court decision may benefit companies that face government scrutiny, as settling is also not a legal admission of wrongdoing. In fact, defendants that opt to settle may continue to deny the allegations despite the case ending. However,for victims who suffered prolonged financial burdens, a settlement can provide some relief\\nContact The Working Solutions Law Firm Today!\\nIs your employer under-paying you for your job? Do you feel overqualified and underpaid? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Perdue Farms agreed to settle a lawsuit filed by workers in the Maryland and Colorado federal courts over claims that the poultry distributor plotted to depress wages, The parties said they plan to seek preliminary approval of the settlement in the &#8220;near future.&#8221; A settlement in a legal case is notably different from a court-ordered&hellip;</p>\\n"},{"id":21954,"path":"/blog/are-you-experiencing-unequal-treatment-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-experiencing-unequal-treatment-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-12-20T12:50:41","title":"Are You Experiencing Unequal Treatment At Work? Contact The Working Solutions Law Firm Today!","content":"Do you feel like you are not being treated equally in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including discrimination, retaliation, and unpaid wages &amp; overtime. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Do you feel like you are not being treated equally in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&hellip;</p>\\n"},{"id":21951,"path":"/blog/nlrb-defends-doctrine-that-protects-employees-from-coercion","slug":"nlrb-defends-doctrine-that-protects-employees-from-coercion","modified":"2022-12-19T16:44:00","title":"NLRB Defends Doctrine that Protects Employees from Coercion","content":"Last week, the National Labor Review Board(NLRB) upheld rules that aim to protect workers from coercive questioning and intimidation from their employers. The NLRB’s decision sustained the Johnnie’s Poultry doctrine, which limits how companies may interrogate their workers after facing allegations of unfair labor issues. While it is important for employers to gather on-site information to create a suitable defense, the doctrine also requires employers to also ensure that workers are not coerced or threatened with retaliation to concoct a story. \\nThe Johnnie’s Poultry standard was first introduced during a 1964 Board decision. The doctrine establishes safeguards that limit the scope and manner of employers’ interviews with employees. The rules resemble a citizen’s Miranda Rights, which require authorities to remind arraigned individuals that they have certain Constitutional rights, including their Fifth Amendment right to decline speaking without an attorney’s presence, before answering questions from authorities. In the current climate of heightened scrutiny of internal workplace practices, read more about your protections with Johnnies Poultry. \\nWhat does Johnnie’s Poultry say? \\nUnder Johnnies Poultry, an employer can interview employees for their investigation of unfair labor practice charges if they complete the following: \\n\\nCommunicate the purpose of the questioning to the employee before the interview begins\\nAssure the employee that he will suffer no reprisals for refusing to answer any questions or for the substance of any answers given\\nObtain the employees voluntary participation\\n\\nThese standards must be satisfactorily fulfilled for an employer to avoid allegations of coercion or improper questioning. It also makes a concerted effort to prevent threats of retaliation for employees who respond unfavorably to their employers. \\nWhat does this mean for me? \\nThe Johnnie’s Poultry doctrine was established in 1964 to protect employees from pressure to participate in their employers’ defense-building. When confronted with allegations of wrongdoing, companies often conduct internal investigations to build their own case for defense. The Johnnie’s Poultry doctrine assures that employees cannot be forced to partake in these investigations or be threatened with retaliation for not willing to do so. \\nThe doctrine requires an employee’s informed consent to participate in an investigation. The recent decision to uphold Johnnie’s Poultry is a revived affirmation for employee rights. \\nContact the Working Solutions Law Firm\\nHave you been pressured to answer your employer’s questions about their labor practices? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including retaliation, FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Last week, the National Labor Review Board(NLRB) upheld rules that aim to protect workers from coercive questioning and intimidation from their employers. The NLRB’s decision sustained  the Johnnie’s Poultry doctrine, which limits how companies may interrogate their workers after facing allegations of unfair labor issues. While it is important for employers to gather on-site information&hellip;</p>\\n"},{"id":21944,"path":"/blog/christopher-q-davis-featured-in-latte-with-a-lawyer-podcast","slug":"christopher-q-davis-featured-in-latte-with-a-lawyer-podcast","modified":"2022-12-18T12:19:43","title":"Christopher Q. Davis featured in “Latte with a Lawyer” Podcast","content":"Christopher Davis was featured in an episode of Latte with a Lawyer on Spotify. The podcast features the stories of attorneys and their strategies and tactics for making an impact in their profession. Its hosted by Jonathan Brickman. Mr Davis and other prominent trial lawyers across the country have been featured.\\nIf you would like to listen to the podcast, you can find it on Spotify here.","excerpt":"<p>Christopher Davis was featured in an episode of &#8220;Latte with a Lawyer&#8221; on Spotify.  The podcast features the stories of attorneys and their strategies and tactics for making an impact in their profession. It&#8217;s hosted by Jonathan Brickman. Mr Davis and other prominent trial lawyers across the country have been featured. If you would like&hellip;</p>\\n"},{"id":21941,"path":"/blog/car-seat-manufacturers-sued-for-not-including-bonuses-in-overtime","slug":"car-seat-manufacturers-sued-for-not-including-bonuses-in-overtime","modified":"2022-12-16T15:13:01","title":"Car Seat Manufacturers Sued for Not Including Bonuses in Overtime","content":"In November, an overtime lawsuit was filed in Ohio federal court against two car seat manufacturers who allegedly failed to include bonuses in calculating workers’ pay. According to the class-action complaint, Grammar Inc., and Toledo Molding &amp; Die, LLC paid less in overtime wages to their employees than what was required by the Fair Labor Standards Act (FLSA). The lawsuit was brought forth by Lawrence Carmona, a machine operator who was paid an hourly wage, and the class includes any current or former manufacturing employees at the two companies who were paid bonuses. \\nWhat does the FLSA Say About Bonus Pay and Overtime?\\nThe FLSA is a federal law that outlines the rules for overtime pay. It requires that most employees be paid at one and a half times their regular rate of pay for all hours worked over 40 in a workweek. Section 7 of the FLSA requires nondiscretionary bonuses to be included in calculating the total earnings on which overtime pay must be based. Nondiscretionary bonuses are defined as bonuses that employees know about, such as bonuses given for work quality, efficiency, and attendance. They are different from discretionary bonuses, which are given at the employer’s discretion and thus excluded from the regular rate of pay calculations. According to the lawsuit, bonuses were given to manufacturing employees “as an incentive for hard work”, which would qualify them as nondiscretionary and thus subject to inclusion as regular pay. \\nWhat is happening in Carmona vs. Grammar, Inc. and Toledo Molding &amp; Die, LLC?\\nIn the lawsuit against the car seat manufacturers, the employers did not include bonuses, shift premiums/differentials, or other additional payments in their calculations of their employees’ base pay. As a result, workers received less overtime pay than what would be required as the one-and-a-half multipliers did not apply to the bonuses. Because of this practice, the lawsuit alleges that the “plaintiff and other similarly situated employees have been damaged in that they have not received overtime wages due to them pursuant to the FLSA.” In the lawsuit, the plaintiff seeks to recover unpaid wages from 2019 to the present, as well as liquidated damages, interest, and attorneys’ fees. The two defendants allegedly shared a workforce between the two companies and used similar pay practices. Though “Plaintiff is unable to state at this time the exact size of the potential class”, it is estimated that the group of manufacturing employees who could be considered a part of the class “consists of at least several thousand persons.”\\nSeek Legal Assistance Today \\nAre you having issues with proper overtime pay? If so, seek legal assistance from the Law Office of Christopher Q. Davis, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of law, including FMLA, unpaid wages, and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In November, an overtime lawsuit was filed in Ohio federal court against two car seat manufacturers who allegedly failed to include bonuses in calculating workers’ pay. According to the class-action complaint, Grammar Inc., and Toledo Molding &amp; Die, LLC paid less in overtime wages to their employees than what was required by the Fair Labor&hellip;</p>\\n"},{"id":21925,"path":"/blog/do-you-have-questions-about-overtime-pay-contact-the-law-office-of-christopher-q-davis-today","slug":"do-you-have-questions-about-overtime-pay-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-12-15T11:46:06","title":"Do You Have Questions About Overtime Pay? Contact The Working Solutions Law Firm Today!","content":"Do you have questions about overtime pay? Are you working overtime without getting paid for it? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Even if you are a salaried worker, you may be entitled to time-and-a-half pay for working over 40 hours per week, regardless of what your employer says about your eligibility for overtime pay. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages &amp; overtime, FMLA, and severance pay. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Do you have questions about overtime pay? Are you working overtime without getting paid for it? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Even if you are a salaried worker, you may be entitled to time-and-a-half pay for working&hellip;</p>\\n"},{"id":21939,"path":"/blog/former-white-male-director-sues-google-for-sexual-harassment-and-job-bias-in-federal-lawsuit","slug":"former-white-male-director-sues-google-for-sexual-harassment-and-job-bias-in-federal-lawsuit","modified":"2022-12-15T09:38:56","title":"Former White, Male Director Sues Google for Sexual Harassment and Job Bias in Federal Lawsuit","content":"A former white, male director at Google sued the company for sexual harassment and job bias after he was fired for not being “inclusive” enough in his leadership position. Ryan Olohan, who worked as a director of food, beverage, and restaurants for Google LLC, claimed that he experienced retaliation in his position after rejecting a female colleague’s sexual advances. He filed a federal lawsuit in the US District Court for the Southern District of New York against the woman and Google in November. \\nLawsuits for workplace sexual harassment and bias are not commonly filed on behalf of the dominant demographic of white men in business. But claims for harassment are not exclusive to a single race, gender, or orientation. The recent lawsuit against Google comes in addition to a proposed class action lawsuit, also against the company, for systemic bias against black employees. \\nEncounters with Harassment \\nAt a 2019 company dinner, Mr. Olohan alleged that his female colleague groped him at the table. The suit states that the woman “rubbed his stomach and told him he had a nice body.” The woman, who is Asian, also told Olohan that she knew he liked Asian women, referring to Olohan’s wife who is also Asian. She allegedly professed that her own marriage lacked “spice.” \\nMr. Olohan’s claims cited excessive alcohol being present at the times of his harasser’s advances. The same woman made another alleged drunk pass at Olohan at an off-site event at a karaoke bar in April 2022. \\nAlthough Olohan reported the incidents to human resources, the suit states that leadership at Google never conducted an investigation into his claims. The suit also recounts that an HR representative told Olohan that a complaint like his would be escalated “if it were in reverse.” \\nAssertions of Retaliation\\nAccording to the lawsuit, Olohan states that the woman retaliated against him for rejecting her sexual advances. The suit claims that she went as far as encouraging employees to make unsubstantiated complaints to HR that Olohan was not “inclusive” in his planning of team events. Olohan also adds that he was falsely accused of making microaggressions toward the woman; the woman allegedly berated Olohan in front of numerous other employees while in a drunken state, though she later apologized. \\nOlohan was fired in august for “not being inclusive.” The suit states that a Google vice president said Olohan’s team had “too many white guys,” and that Olohan was “strongly encouraged” to hire only female applicants. \\nRecognizing claims of bias and harassment\\nWhilst allegedly enduring retaliation for rejecting the advances of his female colleague, Mr. Olohan disclosed his negative experiences with the company’s HR department. Claims of sexual harassment are meant to be investigated, or at least addressed, by department leadership. The formal record of Mr. Olohan’s suffering at the time will aid his case in his attempt to prove that he was neglected due to his gender. \\nHaving a detailed record of complaints is a critical component to most workplace cases. If you have not been terminated from your position but are suffering from targeted harassment, retaliation, or other mistreatment, then documenting these experiences with your human resources department may significantly help your case in the future. \\nContact the Working Solutions Law Firm Today!\\nHave you suffered sexual harassment in the workplace? Were you retaliated against after responding? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including sexual harassment, wrongful termination, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former white, male director at Google sued the company for sexual harassment and job bias after he was fired for not being “inclusive” enough in his leadership position. Ryan Olohan, who worked as a director of food, beverage, and restaurants for Google LLC, claimed that he experienced retaliation in his position after rejecting a&hellip;</p>\\n"},{"id":21922,"path":"/blog/are-you-experiencing-pregnancy-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-experiencing-pregnancy-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-12-13T10:04:36","title":"Are You Experiencing Pregnancy Discrimination At Work? Contact The Working Solutions Law Firm Today!","content":"Do you feel like your employer is discriminating against you because you are pregnant? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. If an unfair distinction is being made between you and your colleagues because of your membership in a protected class, you are most likely experiencing discrimination. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including discrimination, harassment, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you feel like your employer is discriminating against you because you are pregnant? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. If an unfair distinction is being made between you and your colleagues because of your membership&hellip;</p>\\n"},{"id":21932,"path":"/blog/twitter-sued-for-discriminating-against-employees-with-disabilities","slug":"twitter-sued-for-discriminating-against-employees-with-disabilities","modified":"2022-12-12T17:30:21","title":"Twitter Sued for Alleged Discrimination Against Employees with Disabilities","content":"Following Elon Musk’s takeover of Twitter, former employees filed a class-action lawsuit against the company, alleging that Musk’s new work policies did not accommodate workers who have disabilities. In a company email sent in November to the Twitter staff, Musk stated that employees were to commit to his “extremely hardcore” vision for the company within 40 hours or get fired with three months of severance. Other internal messages sent to Twitter employees outlined that the expectation is literally to work 24/7 to get this out. \\nThe discrimination lawsuit, which was filed in San Francisco federal court, was brought forth on behalf of Dmitry Borodaenko, an engineer and a cancer survivor. For workers who have disabilities and other health issues, such as Borodaenko, the prospect of requiring longer hours without an option to work remotely prompted them to seek accommodation requests. According to the lawsuit, Borodaenko wrote the following to his manager: “As [a] cancer survivor Im at extra risk from Covid (it also counts as a disability), so Im definitely not working from [the] office until the pandemic is over.” Five days later, he was fired. \\nAccording to the class-action complaint, the decision to fire workers like Borodaenko caused other employees who also have disabilities to feel like they were indirectly being forced to resign. In filing the lawsuit, Borodaenko “is concerned that, absent court intervention, as part of the severance package, Twitter will seek releases from employees without informing them of their rights, including their right to challenge Twitter’s actions as discriminatory.” The lawsuit claims that Twitter violated the Americans with Disabilities Act and the California Fair Housing and Employment Act, especially given that Musk promised employees that they would be allowed to work remotely after his acquisition of the company. This is not the first discrimination lawsuit that has been filed against Musk for his employment policies; in the summer of 2022, a federal court ruled that Tesla failed to provide advanced written notice to workers before they were laid off. \\nThe Future of Remote Work? The Americans with Disabilities Act\\nDuring the pandemic, remote work became a common arrangement due to safety and health concerns involved with working in-person. Recently, however, certain companies have begun to transition back to in-person settings. Nevertheless, under the Americans with Disabilities Act, reasonable accommodations must be provided to employees who have special health circumstances unless doing so would be an undue hardship. If employees that have disabilities were able to complete their work satisfactorily at home prior to the recent in-person shift, it could be hard for employers to prove that remote work would pose an undue hardship. \\nLawsuits regarding the right to work remotely are likely to increase in the near future as more employers try to move back to in-person workspaces. A 2021 case involving a worker’s right to work remotely was brought on by the U.S. Equal Employment Opportunity Commission after a facility management company denied a worker the ability to work remotely while extending that right to other employees of the same position. \\nSeek Legal Assistance Today \\nHave you been a victim of workplace discrimination? If so, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Following Elon Musk’s takeover of Twitter, former employees filed a class-action lawsuit against the company, alleging that Musk’s new work policies did not accommodate workers who have disabilities. In a company email sent in November to the Twitter staff, Musk stated that employees were to commit to his “extremely hardcore” vision for the company within 40&hellip;</p>\\n"},{"id":21929,"path":"/blog/goldman-sachs-12-million-settlement-revealed-amidst-class-action-for-similar-claims-of-sexism","slug":"goldman-sachs-12-million-settlement-revealed-amidst-class-action-for-similar-claims-of-sexism","modified":"2022-12-12T10:31:33","title":"Goldman Sachs $12 Million Settlement Revealed Amidst Class Action for Similar Claims of Sexism","content":"Goldman Sachs paid a former female partner more than $12 million to settle and suppress claims that accused senior executives of creating a hostile work environment for women. Revelations of the settlement were published via Bloomberg, which uncovered the sealed case from nearly two years ago.\\nFewer than 1% of Goldman Sachs employees ever earn the title of partner, which comes with “enhanced compensation and other perks.” Women only account for 23% of all leadership roles at the New York-based bank. The former female partner alleged that top executives, including CEO David Solomon, “made vulgar or dismissive remarks about women at the firm” and “were paid less than men and referred to in insulting ways.”\\nAdditional Allegations of Sexism at Goldman Sachs \\nClaims of systemic sexism at Goldman Sachs that have been brought forth over the years have not all been resolved. In March 2018, a New York court certified a class of “current and former female Associates and Vice Presidents employed by Goldman Sachs in the Investment Banking, Investment Management, and Securities divisions in the United States from September 20, 2004 through the resolution of the action, and in New York City from July 7, 2002 through the resolution of the action.” The trial will commence in June 2023 and potential plaintiffs are still able to join the case. \\nThe forthcoming class action lawsuit alleges that Goldman Sachs systematically favors male Associates and Vice Presidents as seen “at nearly all levels of its professional ranks.” The case includes accusations of discriminatory pay practices, disproportionate promotions of men over equally qualified women, and unfair performance evaluations that lack key safeguards to ensure proper implementation. As such, women are routinely undervalued in the notoriously competitive industry. \\nSexism refers to the prejudice, stereotyping, or discrimination on the basis of someone’s sex. It typically refers to discrimination against women. Examples of sexism may include paying one gender less than another who holds the same position, or regularly obliging one gender to complete menial or lower-level work while prioritizing the time of another. \\nSexism is a complex, and sometimes subtle, form of wrongdoing. If you feel that you may have been discriminated against in the workplace, it is best to consult with an attorney to evaluate the situation. The Working Solutions Law Firm offers free consultations to evaluate potential claims and cases. \\nContact the Working Solutions Law Firm Today\\nHave you noticed that certain people in the office are promoted more frequently than others? Do you suspect that you are paid less for the same job as someone of a different gender, race, or cultural background? Learn more about your potential claims and seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including discrimination, sexual harassment, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Goldman Sachs paid a former female partner more than $12 million to settle and suppress claims that accused senior executives of creating a hostile work environment for women. Revelations of the settlement were published via Bloomberg, which uncovered the sealed case from nearly two years ago. Fewer than 1% of Goldman Sachs employees ever earn&hellip;</p>\\n"},{"id":21913,"path":"/blog/is-your-employer-treating-you-unfairly-because-of-your-disability-contact-the-law-office-of-christopher-q-davis-today","slug":"is-your-employer-treating-you-unfairly-because-of-your-disability-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-12-08T09:19:18","title":"Is Your Employer Treating You Unfairly Because Of Your Disability? Contact The Working Solutions Law Firm Today!","content":"Are you being unfairly treated by your employer because you have a disability? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. The New York State Law prohibits discrimination on the basis of protected statuses. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including discrimination, harassment, and wrongful termination. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you being unfairly treated by your employer because you have a disability? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. The New York State Law prohibits discrimination on the basis of protected statuses. Call us today at (646) 430-7930 to&hellip;</p>\\n"},{"id":21918,"path":"/blog/wendys-collective-action-vs-class-action-know-the-difference","slug":"wendys-collective-action-vs-class-action-know-the-difference","modified":"2022-12-08T09:03:07","title":"Wendy’s Collective Action vs. Class Action: Know the Difference","content":"A group of workers at several Wendy’s franchise restaurants across central and southern Pennsylvania have sued their employers for manipulating weekly timesheets and underpaying workers against state and federal law. Franchise owners Harrisburg LIV Bacon LLC and Yellow Cab Holdings Pennsylvania LLC were named in the lawsuit for violating the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act. \\nThe suit was brought as a collective action under the FLSA and as a class action under the Pennsylvania Minimum Wage Act, as well as, the Pennsylvania Wage Payment and Collection Law. The difference between collective action and class action is centered around consent and scrutiny. Read more to distinguish how you can bring forth a group claim to court. \\nCollective Action vs. Class Action: What’s the Difference?\\nWhen a plaintiff presents a case that affects a group of similarly situated individuals, they may pursue damages together in a class action lawsuit. In a class action, there is a representative plaintiff who alleges the issues they experienced on the job, such as denied breaks or unpaid overtime, as widespread problems that also affected numerous other people in the workplace. \\nIf the court agrees to recognize the class, then a written notice of the class action’s existence will be sent out to all similarly situated class members who qualify for the case. All people who worked for the Wendys franchisors as nonexempt employees in the Commonwealth of Pennsylvania in the past three years will be included in the class action settlement. Unless a notified individual takes an affirmative step to opt out of the class, they will be included in its decision and potential pay out. \\nA collective action still represents a group of similarly situated individuals who experienced comparable harms. But if a court recognizes a collective action lawsuit, then interested plaintiffs must make an active choice to join the case. In other words, potential plaintiffs must opt into the case rather than out of it. The proposed opt-in FLSA collective class consists of “all people who work or worked for Harrisburg LIV Bacon and Yellow Cab Holdings as nonexempt employees in the past three years, and who were not paid for all hours worked.”\\nTraditionally, hired law firms will work to contact potential plaintiffs who qualify for a collective action case. Offices like the Working Solutions Law Firm will spend an abundance of time communicating with clients, hearing their stories, and collecting evidence in order to build the most effective case for everyone involved. \\nWhen should I opt out? \\nWhile individuals involved in a class or collective action lawsuit may enjoy substantial settlement payouts, they also must adhere to the court’s final decision. When a settlement is reached, all class members who do not opt out of the case are bound by the settlement and cannot make their own personal claims later on. In other words, the conclusion of the class action is the conclusion of legal claims for the issue. \\nCourts usually follow a two-step approval process (preliminary approval and final approval) to ensure the settlement is fair and reasonable to all class members. But some class or collective members may feel that their personal claims are more significant than the general claims of the group. As such, they may like to pursue their own lawsuit against a company to reach a settlement that is tailored to their case. \\nClass and collective action cases often receive more publicity and have a larger impact on changing company culture than individual legal cases. But personal cases may offer victims the closure they need in an expedited process. \\nContact the Working Solutions Law Firm\\nHave you been denied proper overtime or hourly wages? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, FMLA, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A group of workers at several Wendy’s franchise restaurants across central and southern Pennsylvania have sued their employers for manipulating weekly timesheets and underpaying workers against state and federal law. Franchise owners Harrisburg LIV Bacon LLC and Yellow Cab Holdings Pennsylvania LLC were named in the lawsuit for violating the Fair Labor Standards Act (FLSA)&hellip;</p>\\n"},{"id":21909,"path":"/blog/is-your-employer-refusing-to-pay-you-for-overtime-hours-contact-the-law-office-of-christopher-q-davis-today","slug":"is-your-employer-refusing-to-pay-you-for-overtime-hours-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-12-06T11:28:32","title":"Is Your Employer Refusing To Pay You For Overtime Hours? Contact The Working Solutions Law Firm Today!","content":"Is your employer refusing to pay you for your overtime hours? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. State and local law require that employees receive time-and-a-half pay for any hour worked over 40 per week. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, severance pay, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer refusing to pay you for your overtime hours? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. State and local law require that employees receive time-and-a-half pay for any hour worked over 40 per week. Contact us&hellip;</p>\\n"},{"id":21903,"path":"/blog/unpaid-wages-call-us-today","slug":"unpaid-wages-call-us-today","modified":"2022-12-05T07:31:48","title":"Unpaid Wages? Call Us Today!","content":"Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize&hellip;</p>\\n"},{"id":21895,"path":"/blog/manual-worker-lawsuit-against-old-navy-proceeds-in-court","slug":"manual-worker-lawsuit-against-old-navy-proceeds-in-court","modified":"2022-12-02T14:13:16","title":"Manual Worker Lawsuit Against Old Navy Proceeds in Court","content":"A New York District Court judge recently denied Old Navy’s motion to dismiss a former employee’s late pay lawsuit. Jonelle Harris, a former sales representative, filed a class action lawsuit against the clothing retailer in 2021 and alleged that Old Navy prevented her from saving, investing, or using the wages she was owed because of the late paychecks she received. According to the complaint, “by paying Harris biweekly rather than weekly”, Old Navy “effectively denied her the timely payment of her wages every other week.” In response to the lawsuit, Old Navy’s legal team argued that “these allegations are insufficient to satisfy the standing requirement because they do not show the late payments ‘actually and concretely harmed her.’”\\nManual Worker Wage Laws in New York\\nUnder New York’s paycheck frequency law, manual workers are required to be paid weekly. The term “manual workers” refers to a specific group of workers who spend more than a quarter of their time engaged in physical labor. Examples of manual workers include food workers, drivers, and sales representatives. According to the paycheck frequency law, “a manual worker shall be paid weekly and not later than seven calendar days after the end of the week in which the wages are earned.” Old Navy did not dispute the claim that they paid manual workers, such as Harris, biweekly but asserted that any harm done to their employees because of late paychecks was “purely hypothetical.” In response, the judge ruled that “while the harm Harris suffered may be difficult to measure or approximate, the harm is real, not hypothetical.”\\nThe district court judge also rejected other points made by the company in an effort to dismiss the lawsuit by emphasizing the underlying purpose of labor laws to first and foremost protect manual workers. In recent years, developments in labor law have aimed to hold employers more accountable for improperly paying their employees. In Vega v. CM &amp; Associates Construction Management LLC, a New York court held that an employer that improperly paid their workers biweekly rather than weekly would be considered liable to that employee. Cases such as Vegas and Harris demonstrate that courts may be shifting to a more hardline stance on employers who fail to pay wages to their workers with the proper frequencies Additionally, courts might even allow employees to recover additional damages when their wages are delayed. \\nSeek Legal Assistance Today\\nHave you experienced late pay from your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A New York District Court judge recently denied Old Navy’s motion to dismiss a former employee’s late pay lawsuit. Jonelle Harris, a former sales representative, filed a class action lawsuit against the clothing retailer in 2021 and alleged that Old Navy prevented her from saving, investing, or using the wages she was owed because of&hellip;</p>\\n"},{"id":21889,"path":"/blog/are-you-missing-your-wages-from-your-employer-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-missing-your-wages-from-your-employer-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-12-01T10:55:41","title":"Are You Missing Your Wages From Your Employer? Contact the Working Solutions Law Firm Today!","content":"Are you missing your wage payments from your employer? Are you not getting paid for all of your hours worked? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. It is illegal for your employer to force you to work “off the clock” or falsely report your hours. Contact us today at (646) 863-6962 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, discrimination, and severance pay. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you missing your wage payments from your employer? Are you not getting paid for all of your hours worked? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. It is illegal for your employer to force you to&hellip;</p>\\n"},{"id":21892,"path":"/blog/big-tech-layoffs-what-to-do-now","slug":"big-tech-layoffs-what-to-do-now","modified":"2022-11-30T19:04:12","title":"Big Tech Layoffs: What To Do Now","content":"The Big Tech industry is known for its fast pace, bold moves, and proclivity for taking on risk. Sometimes optimistic investments pay off for investors, and other times, companies are left to make up for them with layoffs and cost-cutting. \\nWhile technology companies in particular thrived during the pandemic’s era of telework and at-home entertainment, speculation of an economic recession has deeply troubled the sector. Just this month, thousands of tech workers have been fired from their jobs at major Big Tech companies and highly-valued startups citing unstable economic and global conditions. Goodbye messages have been sent along with layoff letters, severance packages, and COBRA plans. A consultation with an employment attorney is critical to ensure closed doors can still lead to the opening of many others. \\nLayoffs: What’s In It For Me?\\nNotices of widespread layoffs and company leaders’ farewells usually do not blame singular actors, but acknowledge external factors creating unfortunate economic conditions. Some CEOs, like Mark Zuckerberg, have been recognized for admitting mistakes. As New York Times reporter Erin Griffith writes, “when the companies enjoyed soaring profits and a belief that the pandemic-fueled boom times would keep going, they aggressively expanded by hoarding the most fought-over and expensive resource in the software business: talent.” Now, bloated businesses and their workers are paying the price. \\nEmployees who dedicate years at successful companies may be offered severance packages as a way to ease the transition from one job and to another. Severance packages allot affected employees a number of weeks or months’ worth of additional pay. The severance amount is often proportional to the amount of time spent at a company, and it may be specified in an employee’s original contract. Unfortunately, unless otherwise stated in a contract, severance packages are not a guarantee or an entitlement (unless they violate the WARN Act). Employers may volunteer to provide severance packages, but it is not a requirement. \\nSeverance packages require employees to sign a series of terms in order to receive their payout. It is recommended for individuals to have a professional review these legal documents. Signing a severance deal releases a company of any legal claims an individual may like to bring against them. Additionally, severance agreements may include non-compete clauses that can limit future opportunities for affected workers. A consultation with an experienced lawyer is a worthwhile investment to ensure all of your options are protected. \\nGenerally, employers are required to offer COBRA health insurance coverage to employees who lose their jobs. COBRA (Consolidated Omnibus Budget Reconciliation Act) extends group health care coverage to affected employees and their families for up to 36 months. Former employees are still responsible for paying their premiums, though, with an additional 2% administrative cost. \\nDownsizing in a Downturn \\nWorkforce reduction and corporate downsizing is not an uncommon incident in business. The tech industry has been notorious for expanding at a rapid pace. \\nContact the Working Solutions Law Firm\\nHave you been recently terminated from a Big Tech company? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including severance reviews, wrongful termination, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The Big Tech industry is known for its fast pace, bold moves, and proclivity for taking on risk. Sometimes optimistic investments pay off for investors, and other times, companies are left to make up for them with layoffs and cost-cutting.  While technology companies in particular thrived during the pandemic’s era of telework and at-home entertainment,&hellip;</p>\\n"},{"id":21877,"path":"/blog/have-you-been-unlawfully-terminated-contact-the-law-office-of-christopher-q-davis-today-2","slug":"have-you-been-unlawfully-terminated-contact-the-law-office-of-christopher-q-davis-today-2","modified":"2022-11-29T11:46:30","title":"Have You Been Unlawfully Terminated? Contact the Working Solutions Law Firm Today!","content":"Do you feel like youve been wrongfully terminated by your employer? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including wrongful termination, FMLA, and discrimination. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Do you feel like you&#8217;ve been wrongfully terminated by your employer? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in&hellip;</p>\\n"},{"id":21871,"path":"/blog/has-your-employer-withheld-your-overtime-pay-call-us-today","slug":"has-your-employer-withheld-your-overtime-pay-call-us-today","modified":"2022-11-28T07:00:38","title":"Has Your Employer Withheld Your Overtime Pay? Call Us Today.","content":"Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize&hellip;</p>\\n"},{"id":21874,"path":"/blog/happy-holidays-from-the-law-office-of-christopher-q-davis-2","slug":"happy-holidays-from-the-law-office-of-christopher-q-davis-2","modified":"2022-11-24T14:01:24","title":"Happy Holidays from the Working Solutions Law Firm!","content":"","excerpt":""},{"id":21866,"path":"/blog/do-you-know-what-your-fmla-rights-are","slug":"do-you-know-what-your-fmla-rights-are","modified":"2022-11-23T16:14:43","title":"Do You Know What Your FMLA Rights Are?","content":"According to the U.S. Department of Labor, the Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.\\nIf you have concerns on whether your employer has violated your FMLA rights or have questions about what they are, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.contact our office today to speak to one of our expert attorneys!","excerpt":"<p>According to the U.S. Department of Labor, the Family Medical Leave Act (FMLA) &#8220;entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.&#8221; If you have concerns on&hellip;</p>\\n"},{"id":21864,"path":"/blog/christopher-davis-quoted-in-cbs-news-moneywatch","slug":"christopher-davis-quoted-in-cbs-news-moneywatch","modified":"2022-11-18T15:56:08","title":"Christopher Davis Quoted in CBS News Moneywatch","content":"Last month, Christopher Davis was quoted in CBS News Moneywatch as an employment law expert. The article dealt dealt with increasing layoffs and Mr. Davis provided his expertise on how to negotiate severance and insurance benefits in the event of a layoff.\\nThe article can be found here:\\nhttps://www.cbsnews.com/news/unemployment-insurance-severance-pay-layoffs-worker-rights/\\nMr. Davis and his attorneys have been interviewed and quoted in CNN, CBS, Bloomberg News, Associated Press, local news and many other outlets as an employment law expert the history of the firm. He will be a featured employment law expert in an article in a major publication next month. Check in soon for more updates!","excerpt":"<p>Last month, Christopher Davis was quoted in CBS News Moneywatch as an employment law expert.  The article dealt dealt with increasing layoffs and Mr. Davis provided his expertise on how to negotiate severance and insurance benefits in the event of a layoff. The article can be found here: https://www.cbsnews.com/news/unemployment-insurance-severance-pay-layoffs-worker-rights/ Mr. Davis and his attorneys have&hellip;</p>\\n"},{"id":21860,"path":"/blog/6-5-million-settlement-in-wells-fargo-class-action-is-contested-by-another-class-action","slug":"6-5-million-settlement-in-wells-fargo-class-action-is-contested-by-another-class-action","modified":"2022-11-17T14:55:11","title":"$6.5 Million Settlement in Wells Fargo Class Action is Contested by Another Class Action","content":"Thousands of Wells Fargo employees are set to receive a settlement of $6.5 million in a class action suit against the bank. Simon vs. Wells Fargo Bank, a case in California federal court, was brought forth in 2019 by Caudley Simon, a former banker. Simon alleged that the bank violated employment law when they withheld mandatory meal breaks and rest periods from him and other employees at the company. However, Josephine Easton, another Wells Fargo employee who is suing the bank in a separate employment case, asked permission from court to intervene in the Simon class action. Though she never officially filed for class certification in her lawsuit, Easton v. Wells Fargo &amp; co. et al., Easton claims that the settlement of the first lawsuit would prevent her from getting a higher payout in her own proposed class action case. \\nAccording to the proposal for intervention, Easton, a former call center employee, brought similar claims of meal and rest break violations to court, and had an overlapping proposed class of eligible Wells Fargo workers. Because of this overlap, Easton and the class she seeks to represent have “a significant protectable interest in the Simon case”. However, Simon and his attorneys did not disclose the substantial overlap until the $6.5 million settlement was reached, holding mediations without Easton’s knowledge or inclusion. According to Easton’s attorneys, “the Simon mediation, with no notice to Easton or the several other plaintiffs, attempted to settle the class claims at issue in Easton and to release those claims on behalf of the Easton class members. If approved by the Court, this will effectively “gut” claims the Easton action, significantly diminishing Easton’s class action.”\\nWhat is a Class Action Lawsuit? \\nA class action lawsuit is a legal action that allows courts to judge cases involving a group of similarly-situated individuals and common factual and legal issues. By grouping together similar claims from individuals, case resolution can happen more efficiently, and plaintiffs can obtain legal representation that they would not be able to secure alone. Employment law class actions are among the most common class action lawsuit types. If an employer’s actions violated labor laws and harmed many workers in similar ways, a class action can be especially useful to bring legal claims for the group of employees. Examples of violations include the failures to pay overtime rates, give rest breaks, and keep proper time schedules. \\nSeek Legal Assistance Today \\nHas your employer withheld wages, overtime, or breaks from its employees? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 801-5103 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages, and overtime. They have experience in complex class action lawsuits in areas such as the retail, restaurant, and financial industries. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Thousands of Wells Fargo employees are set to receive a settlement of $6.5 million in a class action suit against the bank. Simon vs. Wells Fargo Bank, a case in California federal court, was brought forth in 2019 by Caudley Simon, a former banker. Simon alleged that the bank violated employment law when they withheld&hellip;</p>\\n"},{"id":21850,"path":"/blog/are-you-facing-pregnancy-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-facing-pregnancy-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-11-16T09:24:12","title":"Are You Facing Pregnancy Discrimination At Work? Contact The Working Solutions Law Firm Today!","content":"Are your coworkers or supervisors treating you differently because of your pregnancy? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. If an unfair distinction is being made between you and your colleagues because you are pregnant, you are most likely experiencing discrimination. Call us today at (646) 863-6962 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including discrimination, FMLA, and harassment. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are your coworkers or supervisors treating you differently because of your pregnancy? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. If an unfair distinction is being made between you and your colleagues because you are pregnant, you are most&hellip;</p>\\n"},{"id":21846,"path":"/blog/are-you-facing-gender-bias-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-facing-gender-bias-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-11-15T12:21:58","title":"Are You Facing Gender Bias In Your Workplace? Contact The Working Solutions Law Firm Today!","content":"Are you being unfairly treated by your coworkers or supervisors because of your gender? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 863-6962 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including discrimination, retaliation, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you being unfairly treated by your coworkers or supervisors because of your gender? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 863-6962 to schedule a free case evaluation and receive experienced legal counsel.&hellip;</p>\\n"},{"id":21855,"path":"/blog/walmart-settles-allegations-of-racial-discrimination-in-arbitration","slug":"walmart-settles-allegations-of-racial-discrimination-in-arbitration","modified":"2022-11-11T14:42:26","title":"Walmart Settles Allegations of Racial Discrimination in Arbitration","content":"Walmart has agreed to settle with a former supervisor who alleged he was fired shortly after complaining that his boss used racial slurs in the workplace and made inappropriate comments to his daughter. \\nWalmart requires its employees to sign arbitration agreements, which compels disgruntled workers to settle with their employers outside of court. The settlement amount is undisclosed and the retail giant has not commented on the matter. \\nThe Plus Sides and Perils of Arbitration Agreements \\nArbitration agreements have long been favored by employers who prefer to keep company legal matters clandestine and controlled. Arbitration entails private legal proceedings to be brokered by a third-party arbitrator. An arbitrator determines an award, rather than a judgment, to settle a matter. The award is later confirmed in court. \\nUnlike a lawsuit, documents and decisions presented in arbitration are usually not shared for public review. Arbitration tends to be more cost effective for employers, as it is usually a speedier process. Employees may feel that a sit-down conversation with their employer does not necessitate hiring an attorney. Arbitrations are, however, formal legal procedures. Companies will always attend with their own representation, and it is recommended that employees do, too. \\nA number of states, including California, New York, and New Jersey, have limited the enforcement of arbitration agreements to settle workplace allegations. While these limitations are predominantly to allow victims of sexual harassment and assault to officially sue, several states also limit arbitration for victims of discrimination. \\nWalmart’s History of Discrimination \\nOne of the country’s largest employers, Walmart has a long-alleged history of wrongfully treating and terminating employees based on discrimination. In Iowa this year, the EEOC sued Walmart for gender and racial discrimination. The office accused the retail giant of deferring to stereotypes of working mothers with young children at home, citing how Walmart refused to promote a new African American mother based on expectations for her to leave the position. The suit also recounted the unsanitary storage closet offered to the woman as a lactation room, “a facility that was inferior to the clean office space it provided to a White employee for the same purpose.”\\nThe plaintiff in the recently settled case is a black man who experienced racial hostility at the behest of his boss. Marc Brown detailed that his boss required workers of color to perform the majority of the manual labor in the store while referring to it as [N-word] work.” When his boss discovered that Brown was married to a white woman, he targeted Brown’s daughter, who also worked at the store, and made inappropriate comments about her presence being intolerable. \\nBrown was terminated not long after complaining about these instances and seeking a new boss. Retaliation, as well as discrimination, qualifies as wrongful grounds for termination. \\nContact the Working Solutions Law Firm\\nHave you been the victim of discrimination ? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including discrimination, retaliation, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Walmart has agreed to settle with a former supervisor who alleged he was fired shortly after complaining that his boss used racial slurs in the workplace and made inappropriate comments to his daughter.  Walmart requires its employees to sign arbitration agreements, which compels disgruntled workers to settle with their employers outside of court. The settlement&hellip;</p>\\n"},{"id":21840,"path":"/blog/google-pays-118-million-to-settle-gender-discrimination-class-allegations","slug":"google-pays-118-million-to-settle-gender-discrimination-class-allegations","modified":"2022-11-10T13:11:13","title":"Google Pays $118 Million to Settle Gender Discrimination Class Allegations","content":"Google agreed to pay $118 million to settle allegations that it discriminated against its female employees in California. The tech giant, which also owns the video-sharing platform YouTube, denied wrongdoing in its employment practices but agreed to the settlement after five years of litigation. The original lawsuit, filed in 2017, accused the company of violating the California Equal Pay Act, Unfair and Unlawful Business Practices Act, and the Fair Employment and Housing Act. \\nHolly Pearse, one of the lead plaintiffs named in the case, said in a statement: As a woman whos spent her entire career in the tech industry, Im optimistic that the actions Google has agreed to take as part of this settlement will ensure more equity for women. \\nAllegations against Google\\nThe class action lawsuit represented over 15,000 female Google employees. Their stories recounted a culture that undervalued women in the workplace compared to male counterparts. They alleged that Google “underpaid female workers, placed them in lower-level jobs and denied them promotions and transitions to other teams.” \\nThis is not the first time Google has faced allegations of gender discrimination. In 2021, the technology company paid $2.6 million to settle “systemic compensation and hiring discrimination” at offices in California and Washington. The former lawsuit came after the Department of Labor conducted an investigation that revealed Google consistently overlooked and underpaid female and Asian female engineers. Google’s workforce is 68% men and 32% women. \\nBusiness leaders often suggest that the lower wages women earn are due to women personally not asking for enough money. But women who are held back from promotions to higher positions may not enter the pay rank held by a majority of men. Google’s leadership is 72% men and only 28% women. \\nAddressing Equal Pay in the Workplace\\nThe Equal Pay Act was passed in 1963 to undermine systemic wage disparities based on sex. The Department of Labor refers to it as “equal pay for equal work.” If there are discrepancies in how women are compensated compared to their male counterparts, employers have an obligation to raise wages of the underpaid without lowering the wages of those already earning a high wage. \\nWhile female employees should feel encouraged to seek high wages for themselves, employers also have an obligation to make wages equitable across the workforce. Similarly, employers should offer equitable opportunities for workers to advance within a company. \\nContact the Working Solutions Law Firm\\nHave you been denied fair compensation? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including discrimination, FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Google agreed to pay $118 million to settle allegations that it discriminated against its female employees in California. The tech giant, which also owns the video-sharing platform YouTube, denied wrongdoing in its employment practices but agreed to the settlement after five years of litigation. The original lawsuit, filed in 2017, accused the company of violating&hellip;</p>\\n"},{"id":21815,"path":"/blog/do-you-have-unpaid-overtime-from-your-employer-contact-the-law-office-of-christopher-q-davis-today","slug":"do-you-have-unpaid-overtime-from-your-employer-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-11-09T09:24:47","title":"Do You Have Unpaid Overtime From Your Employer? Contact The Working Solutions Law Firm Today!","content":"Do you have unpaid overtime payments from your employer? Are you unsure if you are eligible for overtime pay? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. State and local law require that employees receive paid time-and-a-half pay for any hour worked over 40 per week. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, discrimination, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have unpaid overtime payments from your employer? Are you unsure if you are eligible for overtime pay? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. State and local law require that employees receive paid time-and-a-half pay for&hellip;</p>\\n"},{"id":21813,"path":"/blog/have-you-received-an-unfair-severance-package-contact-the-law-office-of-christopher-q-davis-today","slug":"have-you-received-an-unfair-severance-package-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-11-08T07:07:03","title":"Have You Received An Unfair Severance Package? Contact The Working Solutions Law Firm Today!","content":"Has your employer handed you an unfair severance package? Are you unsure about the terms of your severance agreement? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. It is never wise for you to sign or agree to any severance terms without consulting a lawyer. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including severance pay, FMLA, and wrongful termination. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Has your employer handed you an unfair severance package? Are you unsure about the terms of your severance agreement? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. It is never wise for you to sign or agree to any&hellip;</p>\\n"},{"id":21825,"path":"/blog/elon-musk-faces-class-action-lawsuit-following-plans-to-terminate-half-of-twitters-work-force","slug":"elon-musk-faces-class-action-lawsuit-following-plans-to-terminate-half-of-twitters-work-force","modified":"2022-11-04T14:37:18","title":"Elon Musk Faces Class Action Lawsuit Following Plans to Terminate Half of Twitter’s Work Force","content":"Days after Elon Musk entered Twitter’s office as its new leader, the company was hit with a class action lawsuit regarding the ‘Chief Twit’s’ plans to eliminate half of the social media’s workforce, or 3,700 employees. The preemptive lawsuit alleges that Elon plans to violate the Worker And Retraining Notification (WARN) Act, an act he has been convicted of violating in the past at Tesla. \\nMusk took ownership of the company after attempts to void his $44 billion deal for the platform were unsuccessful. Compared to its major rivals like YouTube and Instagram, Twitter’s financial history has been insubstantial. As CEO, Elon Musk plans to make the company more bottom-line driven and equitable to world views he feels have been oppressed on the site, like Donald Trumps platform. At the end of his first week as CEO, Musk fired Twitter’s entire Ethical AI team that worked to improve algorithmic transparency and fairness across the social network. \\nMusk’s Legal History as a Leader\\nElon Musk gained notoriety as CEO of the innovative technology companies Tesla and SpaceX. The former sought to revolutionize battery-powered cars, and the latter made space exploration a commercial endeavor.\\nMusk garnered a cult following on Twitter, which has also inspired numerous legal challenges. In 2018, Elon and his electric vehicle company were each fined $20 million to settle fraud charges after he posted several misleading tweets, which led to spikes in the stock price of his company. Musk was accused of meddling with the stock price and was removed as the chairman of Tesla’s board. A 2022 lawsuit filed against Elon Musk accuses him of similarly exploiting his power on Twitter to alter the price of the cryptocurrency Dogecoin. \\nTesla prides itself on being an American manufacturer. The company is headquartered in Austin, Texas and has multiple factories in California, Nevada, Michigan, and Illinois. When the pandemic first struck in 2020, Musk defied California state orders to halt production and reopened his Tesla factory. Musk repeatedly demeaned the COVID-19 pandemic on the platform he now owns, tweeting “coronavirus panic is dumb” and wrongfully predicting its cases would be negligible after one month. \\nIn summer 2022, Musk’s electric car business was confronted with a lawsuit similar to the one he now faces at Twitter. Musk suddenly laid off more than 500 workers at a Nevada Tesla factory without warning. The WARN Act protects workers from sudden mass layoffs. For an employer to layoff 50% of its workforce at any employment site, they must offer workers at least 60 days’ notice. A recent court order asserted Tesla must notify all affected employees of their eligibility to join the case. \\nTension at Twitter\\nWhether half of the workforce will actually be terminated has been a tense mystery. Known for his bold and erratic leadership style, Twitter employees have been bracing themselves as news reports conflict in their attempts to predict Musk’s next moves. \\nOffice politics are not Elon Musk’s forte. His numerous leadership positions have revealed him to flout employment and financial laws. The consequences have been costly. \\nContact the Working Solutions Law Firm\\nHave you experienced wrongful termination from your job? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including wrongful termination, retaliation, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Days after Elon Musk entered Twitter’s office as its new leader, the company was hit with a class action lawsuit regarding the ‘Chief Twit’s’ plans to eliminate half of the social media’s workforce, or 3,700 employees. The preemptive lawsuit alleges that Elon plans to violate the Worker And Retraining Notification (WARN) Act, an act he&hellip;</p>\\n"},{"id":21822,"path":"/blog/manhattan-pizza-chain-ordered-to-pay-175k-in-unpaid-wages","slug":"manhattan-pizza-chain-ordered-to-pay-175k-in-unpaid-wages","modified":"2022-11-04T13:38:02","title":"Manhattan Pizza Chain Ordered to Pay $175k In Unpaid Wages","content":"Gotham Pizza, a popular group of pizza restaurants in Manhattan, was ordered to pay $175,000 to its employees following multiple reports that the pizzerias failed to compensate them fairly. Gotham Pizza has locations in Chelsea, Yorkville and the Upper East Side. An investigation by Attorney General Letitia James found that Gotham Pizza’s owner, Michael Shamailov, broke labor laws by committing wage theft. According to a press release from the Office of the Attorney General, at least 10 workers at Gotham Pizza did not receive the proper minimum wage, overtime pay, and tips that they were owed. \\nThe Attorney General interviewed witnesses who worked as deliverypersons, chefs, waiters, and bussers at the restaurant between 2016-2019. The investigation revealed that Gotham Pizza failed to keep consistent payroll records for its employees, which is a required practice under federal labor laws. The employees were paid between $6 to $10 an hour, below the minimum wage rate of $11 to $15 at the time. Additionally, they did not receive their full tips or overtime pay for working more than 40 hours per week. \\nFederal and State Labor Laws Protecting Wages\\nThe Fair Labor Standards Act is a federal labor law that protects workers’ rights to minimum wage, overtime pay, and recordkeeping. Employees must be paid at least the minimum wage, and one and a half times their regular rates of pay for overtime hours worked. Recently, the Department of Labor updated the law in order to protect tipped workers. Many employees in the food service industry are tipped, and experience tips being taken as credit against their minimum wage rate. The new regulations state that:\\n\\nAn employer, manager, or supervisor can never keep tips earned by employees; \\nAn employer that pays the minimum wage and takes no tip credit may allow employees who are not tipped employees (for example, cooks and dishwashers) to participate in the tip pool; and\\nEmployers who maintain a tip pool must maintain and preserve payroll or other records containing information about each employee that receives tips.\\n\\nIn New York State, all workers are entitled to minimum wage, which varies depending on the region and the type of worker that an employee is.\\nSeek Legal Assistance Today \\nDo you believe that your employer has not paid you the wages you are owed? If so, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Gotham Pizza, a popular group of pizza restaurants in Manhattan, was ordered to pay $175,000 to its employees following multiple reports that the pizzerias failed to compensate them fairly. Gotham Pizza has locations in Chelsea, Yorkville and the Upper East Side. An investigation by Attorney General Letitia James found that Gotham Pizza’s owner, Michael Shamailov,&hellip;</p>\\n"},{"id":21809,"path":"/blog/burlington-settles-in-11-million-unpaid-overtime-wage-case","slug":"burlington-settles-in-11-million-unpaid-overtime-wage-case","modified":"2022-11-03T11:08:45","title":"Burlington Settles in $11 Million Unpaid Overtime Wage Case","content":"Burlington reached an $11 million settlement following a class action lawsuit that accused the company of failing to pay overtime wages. The complaint included several employees who were denied proper overtime compensation while working for the discount retail giant. The lawsuit was originally filed by a former assistant manager who alleged the company misclassified her position as exempt for overtime, even though she was tasked with non-exempt work such as stocking shelves, staffing the cash register, and building displays. \\n“The primary job duties of plaintiff and the members of the collective did not materially differ from the duties of defendants’ non-exempt hourly paid employees, which included many duties that were manual and non-exempt in nature,” the complaint said.\\nMisconceptions about Exemptions \\nExemptions for employees refer to certain protections under the Fair Labor Standards Act (FLSA). A non-exempt worker is entitled to full protections under the law, including an hourly minimum wage and overtime compensation. \\nIt is a common misconception that employees who earn a salary are automatically ineligible for overtime compensation. In New York, an employee must meet certain salary thresholds to be legitimately classified as exempt. In New York City, this threshold is $58,500. However exempt employees greatly differ from their non-exempt counterparts in their job duties. \\nExemptions from FLSA overtime rules are intended for traditional white collar positions. Workers in “learned professions” like lawyers, doctors, teachers, and architects are exempt – and administrative exemptions may also be in effect. Creative professionals may also be classified as exempt, such as those who work in the music, acting, and some writing industries . \\nAcross the board, employees obligated to complete manual tasks are entitled to overtime wages. \\nMisclassification at Burlington\\nThree separate suits have been filed against Burlington Stores since 2011 comprising a problematic track record of short-changing employees. In the most recent case, the former assistant manager recounted cleaning the store, stocking its shelves, and engaging in other non-exempt hourly work for more than 50 hours per week.\\nThe former employee was one of many who was misclassified as an exempt employee despite having to partake in non-exempt work duties. The discount retailer to date has spent over $30 million to settle cases of unpaid wages across 3,000 assistant store managers. \\nIt can be confusing to distinguish whether one position legally qualifies as exempt. For a free consultation, call the Working Solutions Law Firm to evaluate your matter with one of our expert employment law attorneys . \\nContact the Working Solutions Law Firm\\nHave you been denied overtime compensation or have been misclassified in your role? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, retaliation, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Burlington reached an $11 million settlement following a class action lawsuit that accused the company of failing to pay overtime wages. The complaint included several employees who were denied proper overtime compensation while working for the discount retail giant. The lawsuit was originally filed by a former assistant manager who alleged the company misclassified her&hellip;</p>\\n"},{"id":21790,"path":"/blog/are-you-missing-your-overtime-pay-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-missing-your-overtime-pay-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-11-02T09:26:26","title":"Are You Missing Your Overtime Pay? Contact The Working Solutions Law Firm Today!","content":"Are you missing out on overtime payments from your employer? Are you unsure if youre eligible for overtime pay? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. State and local law require that employees receive time-and-a-half pay for any hour worked over 40 per week. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, discrimination, and wrongful termination. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you missing out on overtime payments from your employer? Are you unsure if you&#8217;re eligible for overtime pay? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. State and local law require that employees receive time-and-a-half pay for any hour&hellip;</p>\\n"},{"id":21794,"path":"/blog/do-you-have-unpaid-wages-from-your-employer-contact-the-law-office-of-christopher-q-davis-today-2","slug":"do-you-have-unpaid-wages-from-your-employer-contact-the-law-office-of-christopher-q-davis-today-2","modified":"2022-11-01T11:57:12","title":"Do You Have Unpaid Wages From Your Employer? Contact The Working Solutions Law Firm Today!","content":"Do you have unpaid wages from your employer? Are you not getting paid for all the hours that you are working? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. It is illegal for your employer to force you to work “off the clock” or falsely report your hours. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n\\n\\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, FMLA, and severance pay. Whatever your employment issue is, please reach out for a consultation today.\\n\\n\\n\\n \\n&nbsp;\\n&nbsp;\\n&nbsp;","excerpt":"<p>Do you have unpaid wages from your employer? Are you not getting paid for all the hours that you are working? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. It is illegal for your employer to force you&hellip;</p>\\n"},{"id":21803,"path":"/blog/instacart-pays-46-5-million-class-action-settlement-to-misclassified-employees","slug":"instacart-pays-46-5-million-class-action-settlement-to-misclassified-employees","modified":"2022-10-31T09:29:21","title":"Instacart Pays $46.5 million Class Action Settlement to Misclassified Employees","content":"Instacart, the grocery delivery app, has agreed to pay $46.5 million to settle a class action lawsuit that accused the company of misclassifying more than 300,000 delivery workers as independent contractors and thus, violating California’s labor code. \\nThe platform employs over 600,000 “shoppers” who fulfill grocery lists and deliver them to customers. Gig workers in California are governed under Assembly Bill 5, which establishes a set of standards to differentiate between independent contractors and employees. Under Assembly Bill 5, an employer must show that the worker is “free from control and direction of the employer; performs work that is outside the usual business of the employers; and customarily does the same work as an independent business.” \\nIn November 2020, California voters passed Proposition 22, a statewide initiative to make certain exceptions for classifying app-centric gig positions like those offered through Uber and DoorDash. The suit against Instacart was originally filed in 2019, and since then, the legal teams on both sides have grappled with the dynamic changes and growing influence of the gig economy. \\nWhat is Proposition 22? \\nProposition 22 establishes clear requirements for identifying independent contractors in an effort to avoid classifying app-centric workers as traditional employees, wherein their company would need to adhere to state and federal labor laws. The bill acknowledges current regulations and sets forth new policies to foster stability in the state’s gig economy which continues to develop at a rapid rate. . \\nThe measure allows companies to classify rideshare and delivery drivers as independent contractors “while providing them with certain benefits if they meet work-hours criteria.” In lieu of traditional health insurance, for instance, the bill requires companies to provide healthcare subsidies “equal to 82% of the average California Covered (CC) premium each month for drivers who average at least 25 work hours per week during a calendar quarter.” Additionally, Uber partnered with a health savings start-up company that encourages workers to deposit their healthcare subsidies into the start up’s tax-free accounts which may be invested to generate returns. \\nProposition 22 became the most expensive ballot measure in California history after companies including Uber, Lyft, Instacart, and Postmates contributed more than $205 million to support campaigns for the bill. \\nDynamics of the Gig Economy\\nThe gig economy has disrupted a multitude of seemingly institutionalized industries. From hailing rides to running routine household errands, apps like Instacart offer convenience to customers while also creating opportunity for individuals looking for work. California has taken a lead on bridging historic labor laws with the modern ways of work, but the Federal government is starting to consider its own innovative rules. Failure to abide by local rules can result in serious damages to a growing class of gig workers. \\nContact the Working Solutions Law Firm\\nHave you been misclassified in your job? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, retaliation, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Instacart, the grocery delivery app, has agreed to pay $46.5 million to settle a class action lawsuit  that accused  the company of  misclassifying more than 300,000 delivery workers as independent contractors and thus, violating California’s labor code.   The platform employs over 600,000 “shoppers” who fulfill grocery lists and deliver them to customers. Gig workers in&hellip;</p>\\n"},{"id":21799,"path":"/blog/former-in-house-attorney-sues-employer-for-not-providing-remote-work-accommodation","slug":"former-in-house-attorney-sues-employer-for-not-providing-remote-work-accommodation","modified":"2022-10-28T17:10:00","title":"Former In-House Attorney Sues Employer For Not Providing Remote Work Accommodation","content":"A former in-house attorney sued his former employer for disability discrimination after they allegedly refused his requests to work remotely and fired him in 2020. Sol Goldman Investments (SGI), a real estate management company with both commercial and residential holdings in New York, was sued in 2021 by Jeffrey Goldman, who worked at the company for over twenty years. Following motions filed by SGI to dismiss the case, a Manhattan federal judge found in September that the real estate company did commit disability discrimination against Goldman.\\n The discrimination began in the midst of the coronavirus pandemic. After shifting to a remote work model in early 2020, SGI ordered its employees to return to the office in June 2020. Goldman, who was 69 at the time, submitted a document from his doctor advising him not to go into the office. In addition to health risks associated with his age, Goldman also claimed that he suffered from underlying health conditions such as hypertension, coronary artery disease, and a high body mass index that would make him vulnerable to the virus. Goldman was terminated shortly after refusing to return to the office, despite his demonstrated ability to fulfill his work at home. \\nWhat is a Reasonable Accommodation?\\nGoldman’s lawsuit accused SGI of violating the Age Discrimination in Employment Act (ADEA) in addition to the Human Rights Laws of New York State and New York City. ADEA protects employees above the age of 40 from discrimination on the basis of age in hiring, discharging, compensation, and other terms of employment. While the New York State Human Rights Law broadly protects the right of individuals to equal opportunity, the New York City Human Rights Law also prohibits discrimination in employment and housing. The New York City Human Rights Law specifically requires that employers provide reasonable accommodations for their employees. A reasonable accommodation is a change made to a work schedule and/or duties an employee is required to complete on the job. Employers, by law, must provide reasonable accommodations for employees who fall under the protected classes, unless doing so would create significant difficulties or expenses. \\nIn the case against SGI, Goldman alleged that the company failed to demonstrate how his accommodation request to work from home would have created difficulties for the business. According to Law 360, a federal judge ruled that SGI did not engage in a cooperative dialogue with Goldman, to discuss the person’s needs for certain accommodations. The company has argued that Goldman was less effective in a remote position, but according to Goldman, his managers did not raise any concerns while he was working remotely from March to June 2020. Federal judges have held that Goldman can proceed with his discrimination claims, although the case is still ongoing. \\nSeek Legal Assistance Today \\nHave you experienced disability-based discrimination or retaliation at work? The Working Solutions Law Firm is here to help! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel. \\nExpert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former in-house attorney sued his former employer for disability discrimination after they allegedly refused his requests to work remotely and fired him in 2020. Sol Goldman Investments (SGI), a real estate management company with both commercial and residential holdings in New York, was sued in 2021 by Jeffrey Goldman, who worked at the company&hellip;</p>\\n"},{"id":21785,"path":"/blog/former-comcast-employee-sues-for-gender-discrimination-in-pa-federal-court","slug":"former-comcast-employee-sues-for-gender-discrimination-in-pa-federal-court","modified":"2022-10-27T17:01:34","title":"Former Comcast Employee Sues for Gender Discrimination in PA Federal Court","content":"A former Comcast employee filed a gender discrimination lawsuit against her supervisor this month in the Pennsylvania federal court. The major telecom corporation is headquartered in Philadelphia. The female plaintiff alleged that her former supervisor publicly mistreated her before colleagues and made several targeted and sexist comments directed at her. She also accused the supervisor of retaliating against her after she made a complaint to human resources. The lawsuit alleged that the harassment continued until the supervisor was promoted. \\nThe plaintiff took time from her position at Comcast to treat her “emotional, psychological, and emotional health” by utilizing her rights under the Family and Medical Leave Act. Later, human resources told her that her claims were “unsustained” which eventually led the employee to resign from her position. \\nRetaliation from Superiors \\nAccording to the suit, the plaintiff was assigned miscellaneous work outside of her expertise following her complaint to human resources. She was also allegedly ordered to work with less resources and more stringent timelines.\\nThe plaintiff was also overlooked for promotional opportunities following her complaint. She reportedly asked her executive director why she wasn’t included in an announced reorganization of their department. As a response, her director told the plaintiff that her “expertise was too great to be included in the reorganization. But the former employee complained this was further retaliation because of her complaint. \\nReported Discrimination at Comcast\\nThis is not the first time that the telecom giant has been accused of discrimination. In 2016, Comcast paid out $7.2 million in a class action lawsuit to former African American technicians who experienced widespread racism within a hostile work environment at a facility in Chicago. \\nA complaint of nepotism was also filed in April 2022, which alleged a Vice President’s son was swiftly promoted despite minimal work experience compared to his colleagues. \\nAn opinion piece in the Wall Street Journal also accused Comcast of discriminating against white male applicants for a small business grant program. The author of the piece ultimately sued the company in federal court with the Wisconsin Institute for Law and Liberty. During the pandemic, Comcast offered RISE grants to 1,300 small business owners led only by women and people of color. \\nContact the Working Solutions Law Firm\\nHave you experienced discrimination or retaliation from your employer If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including discrimination, retaliation, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A former Comcast employee filed a gender discrimination lawsuit against her supervisor this month in the Pennsylvania federal court. The major telecom corporation is headquartered in Philadelphia. The female plaintiff alleged that her former supervisor publicly mistreated her before colleagues and made several targeted and sexist comments directed at her. She also accused the supervisor&hellip;</p>\\n"},{"id":21775,"path":"/blog/eeoc-sues-holiday-inn-operating-group-for-disability-discrimination","slug":"eeoc-sues-holiday-inn-operating-group-for-disability-discrimination","modified":"2022-10-24T16:15:30","title":"EEOC Sues Holiday Inn Operating Group for Disability Discrimination","content":"The EEOC sued a Nebraska-based hospitality group after they fired a general manager for seeking medical treatment. The Anant Enterprises, Anant Operations, and Farnam Lodging group owns 10 hotel properties in the state. The general manager of a Holiday Inn Express &amp; Suites was not yet discharged from the hospital when a representative for the company notified him that he would be terminated because “they were afraid he might hurt other people.” \\nThe general manager suffered from depression, which he voluntarily disclosed to human resources in 2019. He notified the department that he would need to take time off from work and check into a hospital for help managing his symptoms, which included “anger, frustration, and thoughts of self-harm without any apparent trigger.” Two days after notifying his representative, he was fired. \\nRetaliation and the Americans with Disabilities Act \\nRetaliation is a serious offense against workers who may disclose complaints to human resources or seek assistance for themselves. In the case of the general manager at Holiday Inn, seeking medical care to address an urgent health matter does not create fair grounds for termination. The EEOC alleged that retaliation of this sort qualifies as disability-based discrimination. \\nThe Americans with Disabilities Act (ADA) protects individuals with health conditions from discrimination in the workplace. It ensures equitable employment opportunity and prohibits discrimination for people despite personal health concerns. The Act also establishes progressive action at the federal level to make public transportation and other accommodations more accessible for people who have disabilities. \\nThe ADA covers people who have both physical and/or mental health conditions. Employers may not use a worker’s disability against them in the workplace and must, to the best of their abilities, accommodate a worker’s physical or mental challenges. They cannot cite a health condition as a reason for termination. \\nDamages\\nThe EEOC seeks back pay, compensatory, and punitive damages and reinstatement for the affected employee, as well as injunctive relief to deter future discrimination. Depending on the number of violations an employer has engaged in, fines can range up to $75,000  $150,000 for infringing on workers’ ADA rights. \\nUnfortunately, retaliation and discrimination are common forms of worker abuse. But organizations like the EEOC, OSHA, and the Working Solutions Law Firm exist to protect workers from wrongdoing. \\nContact the Working Solutions Law Firm\\nHave you experienced retaliation for having a medical condition? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA, discrimination, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The EEOC sued a Nebraska-based hospitality group after they fired a general manager for seeking medical treatment. The Anant Enterprises, Anant Operations, and Farnam Lodging group owns 10 hotel properties in the state. The general manager of a Holiday Inn Express &amp; Suites was not yet discharged from the hospital when a representative for the&hellip;</p>\\n"},{"id":11770,"path":"/blog/exxonmobil-ordered-to-pay-800k-to-whistleblowers","slug":"exxonmobil-ordered-to-pay-800k-to-whistleblowers","modified":"2022-10-26T17:28:07","title":"ExxonMobil Ordered to Pay $800k to Whistleblowers","content":"Earlier this month, The Department of Labor’s Occupational Safety and Health Administration (OSHA) ordered ExxonMobil Corp. to reinstate two whistleblowers who were fired from the oil company in 2020, after raising concerns about the company’s financial practices. The company was also ordered to pay their former employees over $800,000 in damages and back pay. According to the news release, a 2020 article published by the Wall Street Journal reported that ExxonMobil may have inflated their production estimates and reported value of oil wells to the U.S. Securities and Exchange Commission (SEC). The SEC regulates the disclosure of important market information by companies in order to prevent fraud. According to the Department of Labor, ExxonMobil discovered that one of the sources quoted in the Wall Street Journal article was a scientist employed by the company, whom they fired for “mishandling proprietary company information”. Another scientist was also fired for “having a negative attitude”.&nbsp; Damian Burch and Lindsey Gulden, the two scientists who raised concerns at ExxonMobil, had grown increasingly concerned about the company’s misleading public statements in 2019 after they were pressured by management to make it look like the company’s forecasted revenues would be much higher than they actually were. Burch told The Washington Post that he was told by management to “override the experts so we can get to the number the CEO has already blasted to the public, despite that they “could not find any evidence to support it,” adding that he “had never seen anything like this before.” Having known that the company’s presentation of the data was inaccurate, Burch and Gulden complained to the human resources department. Following their complaint, Burch and Gulden were both fired from the company. Whistleblower Protection Laws ExxonMobil has rejected the claims made by their former employees, telling Business Insider that “the employees were not qualified enough to offer an opinion, let alone make a credible complaint. However, the OSHA’s investigation revealed that ExxonMobil fired Burch and Gulden because the company concluded that they likely leaked information to the Wall Street Journal. Under the Sarbanes-Oxley Act, it is illegal to fire employees for contacting the media if they are disclosing information that would hurt investors. Even if Burch and Gulden did leak information to the media, they would still be protected under the act since ExxonMobil did not provide an alternative reason for their dismissal.&nbsp; OSHA also has a Whistleblower Protection Program which enforces whistleblower statutes. There are over twenty statutes which protect employees from retaliation for reporting violations of workplace safety, health, food safety, public transportation, securities and tax laws, and more. Whistleblower protection is integral to ensuring that financial disclosure laws work, said Doug Parker, OSHA’s Assistant Secretary of Labor. As was the case in this instance, OSHA will aggressively protect the rights of employees who raise concerns related to financial improprieties or potential fraud against shareholders. Seek Legal Assistance Today&nbsp; Have you experienced retaliation in the workplace?? The Working Solutions Law Firm is here to help! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel.&nbsp; Expert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Earlier this month, The Department of Labor’s Occupational Safety and Health Administration (OSHA) ordered ExxonMobil Corp. to reinstate two whistleblowers who were fired from the oil company in 2020, after raising concerns about the company’s financial practices. The company was also ordered to pay their former employees over $800,000 in damages and back pay. According&hellip;</p>\\n"},{"id":11756,"path":"/blog/new-york-city-ai-law-requires-employers-to-prevent-built-in-bias","slug":"new-york-city-ai-law-requires-employers-to-prevent-built-in-bias","modified":"2022-10-20T09:37:49","title":"New York City AI Law Requires Employers to Prevent Built-In Bias","content":"A New York City law will soon require employers who use artificial intelligence (AI) in their workplace to proactively ensure their technology does not discriminate against workers. A novel law passed by the New York City Council will oblige employers to conduct audits of their automated decision-making tools and make results publicly available. The initiative was passed to deter unlawful bias against employees.\\nThe increasing use of AI in the workplace to make hiring, firing, and promotional decisions has evoked serious concerns amongst lawmakers, privacy advocates, and workers alike. Applications of AI have been found to disproportionately discriminate against women, people with disabilities, and older workers. Local Law Int. No. 1894-A will promote greater caution in the deployment of automation by requiring necessary employer oversight. \\nArtificial Intelligence in the Workplace\\nAutomation and artificial intelligence have transformed the modern workplace. Algorithms, which solve problems using artificial intelligence, have been utilized to optimize productivity for businesses around the world. These automated problem solvers have been dispatched to evaluate teacher performance in schools, track employee movements, and hire candidates for open roles. Criticism against these applications of artificial intelligence have raised concerns about the technology’s proclivity to discriminate against protected groups and erode personal privacy. \\nNew York City AI Law Promotes Transparency \\nThe New York City law is the latest legislative action to improve the transparency of automatic systems governing more workplaces. Most employers use third-party companies to access AI tools. The new law, which will go into effect January 2023, pressures employers to engage with their vendors and lawyers to ensure compliance and avoid unlawful bias. Employers will also have to notify their workers of any new AI technologies brought into the workplace. \\nAnother key part of the law will shine a light on the types of data employers collect on their workers using AI. The law advances the right to know for workers who may be surveilled. \\nAt the federal level, the Equal Employment Opportunity Commission has published guidance for employers to evaluate their algorithms, especially those that may discriminate against disabled workers. This federal guidance does not enforce any fines or punishments for disregarding the EEOC’s suggestions. The New York City law will fine first offenders $500 for employers who do not meet the law’s equitable requirements and $1,500 for each subsequent violation. \\nResearch and investigations into AI technology have fostered doubts about its black box style. Whether personalized news feeds or hiring recommendation tools, most people who engage with AI do not know how the technology makes its decisions. New York City’s new Local Law Int. No. 1894-A addresses this uncertainty and encourages understanding with routine audits, refreshed transparency, and accountability for the ones who make decisions. \\nContact the Working Solutions Law Firm\\nHave you experienced bias in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including discrimination, wrongful termination, and FMLA. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A New York City law will soon require employers who use artificial intelligence (AI) in their workplace to proactively ensure their technology does not discriminate against workers. A novel law passed by the New York City Council will oblige employers to conduct audits of their automated decision-making tools and make results publicly available. The initiative&hellip;</p>\\n"},{"id":11741,"path":"/blog/are-you-experiencing-bias-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-experiencing-bias-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-10-19T09:59:47","title":"Are You Experiencing Bias In Your Workplace? Contact The Working Solutions Law Firm Today!","content":"Are you experiencing unfair biases from your colleagues or supervisors? If so contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 506-3508 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including discrimination, FMLA, and unpaid wages and overtime. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you experiencing unfair biases from your colleagues or supervisors? If so contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. Call us today at (646) 506-3508 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many&hellip;</p>\\n"},{"id":11738,"path":"/blog/are-you-facing-disability-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-facing-disability-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-10-18T11:45:43","title":"Are You Facing Disability Discrimination At Work? Contact The Working Solutions Law Firm Today!","content":"Is your employer discriminating against you because of your disability? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. If an unfair distinction is being made between you and your colleagues because you are pregnant or have a disability, you are most likely experiencing discrimination. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including discrimination, harassment, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your employer discriminating against you because of your disability? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. If an unfair distinction is being made between you and your colleagues because you are pregnant or have a disability, you&hellip;</p>\\n"},{"id":11749,"path":"/blog/super-lawyer-announcement","slug":"super-lawyer-announcement","modified":"2022-10-17T07:31:24","title":"Super Lawyer Announcement!","content":"","excerpt":""},{"id":11733,"path":"/blog/eeoc-sues-pharma-giant-eli-lilly-for-age-discrimination","slug":"eeoc-sues-pharma-giant-eli-lilly-for-age-discrimination","modified":"2022-10-13T13:09:29","title":"EEOC Sues Pharma Giant Eli Lilly for Age Discrimination","content":"The U.S. Equal Employment Opportunity Commission sued pharmaceutical giant Eli Lilly in a federal lawsuit for discriminating against older applicants for sales positions nationwide. The EEOC officially filed its lawsuit after several unsuccessful attempts to settle. The lawsuit scrutinizes the company’s hiring practices after a senior vice president for the drugmaker allegedly ordered staffers to hire more millennials. \\nOlder Americans are working longer and in larger numbers than ever before, commented Robert Weisberg, regional attorney for the EEOCs Miami District. This case underscores the continued need for the EEOC to break down barriers to employment for those older workers.\\nAge Discrimination in Employment Act\\nThe lawsuit accuses Eli Lilly of violating the Age Discrimination in Employment Act (ADEA) of 1967. The bill was first signed into law by President Lyndon B. Johnson, and it prohibits employers from discriminating against workers aged 40 years or older in “hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.” The Age Discrimination in Employment Act does not apply to workers under the age of 40. \\n\\nAge discrimination in the workplace may be displayed in direct ways, such as when older workers are disproportionately laid off compared to their younger counterparts. Indirect forms of discrimination, which may be more subtle, are equally unlawful. Indirect discrimination refers to company policies that disadvantage people of certain ages. Examples of this may include hiring limitations for people with “too much experience,” such as workers with multiple degrees or an extensive work history. Rules like this would disproportionately affect older workers who have been in the workforce longer than younger, more recent graduates. \\nThe Case Against Big Pharma\\nEli Lilly’s parent company, Lilly USA LLC, was sued in Indiana federal court for promoting policies that exclude older Americans. According to the EEOC’s suit, the pharmaceutical giant’s senior vice president for human resources and diversity publicly announced in early 2017 his goals to hire more “early career” candidates. The lawsuit alleges that the company executives wanted millennials to make up 40 percent of the company’s overall sales force by 2020. That quota was raised to 100 percent in some cases. \\nThe ongoing litigation could eventually lead to a class or collective action. Currently however, the EEOC is seeking back pay and other damages for two applicants who faced age discrimination between April 2017 and 2021. \\nAge discrimination is a prevalent workplace issue with a reported 80 percent of older workers having seen or experienced discrimination in the workplace firsthand. Bills like the Age Discrimination in Employment Act of 1967 seek to hold businesses responsible to the public. While companies may earnestly want to diversify their workforce with younger employees, their hiring strategies must be examined and/or amended to not discriminate against older applicants. \\nContact the Working Solutions Law Firm\\nHave you been denied workplace promotions or opportunities because of your age? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including discrimination, FMLA and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The U.S. Equal Employment Opportunity Commission sued pharmaceutical giant Eli Lilly in a federal lawsuit for discriminating against older applicants for sales positions nationwide. The EEOC officially filed its lawsuit after several unsuccessful attempts to settle. The lawsuit scrutinizes the company’s hiring practices after a senior vice president for the drugmaker allegedly ordered staffers to&hellip;</p>\\n"},{"id":11718,"path":"/blog/are-you-facing-age-bias-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-facing-age-bias-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-10-12T10:20:16","title":"Are You Facing Age Bias In Your Workplace? Contact The Working Solutions Law Firm Today!","content":"Our employment lawyers specialize in many areas of the law, including discrimination, FMLA, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you facing discrimination in your workplace because of your age? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers&hellip;</p>\\n"},{"id":11712,"path":"/blog/do-you-have-unpaid-wages-from-your-employer-contact-the-law-office-of-christopher-q-davis-today","slug":"do-you-have-unpaid-wages-from-your-employer-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-10-11T11:01:40","title":"Do You Have Unpaid Wages From Your Employer? Contact The Working Solutions Law Firm Today!","content":"Do you have unpaid wages or overtime from your employer? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. It is illegal for your employer to force you to work “off the clock” or falsely report your hours. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, discrimination, and wrongful termination. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Do you have unpaid wages or overtime from your employer? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. It is illegal for your employer to force you to work “off the clock” or falsely report your hours.  Call us&hellip;</p>\\n"},{"id":11722,"path":"/blog/rivers-casino-tip-earners-reach-5-5-million-preliminary-settlement","slug":"rivers-casino-tip-earners-reach-5-5-million-preliminary-settlement","modified":"2022-10-10T11:27:58","title":"Rivers Casino Tip Earners Reach $5.5 Million Preliminary Settlement","content":"Employees of the Rivers Casino reached a preliminary $5.5 million settlement with Rush Street Gaming LLC following numerous claims of payment issues. A New York federal judge stated that the proposed settlement meets the standards of reasonableness for preliminary approval. An approved class of “non-exempt, hourly, tipped employees at Rivers Casino who earned a direct cash wage of less than the applicable New York state minimum wage in one or more workweeks between February 8, 2017 and April 12, 2022” will be included in the settlement. \\nRush Street Gaming LLC, which operates the brand Rivers Casino in several cities, was accused of violating overtime pay rules and misinforming tipped employees about “required tip credit provisions,” before paying them a sub-minimum wage. \\nRegulating Tips and Cash Wages \\nThe Department of Labor describes eligible tipped positions as “work that produces tips, as well as work that directly supports work that produces tips, provided that the directly supporting work is not performed for a substantial amount of time” and further clarifies it as, “any work performed by a tipped employee that provides service to customers for which the tipped employee receives tips and that directly supporting work is work that is performed in preparation of or otherwise assists tip-producing work.” In other words, anyone who serves customers directly or indirectly can earn tips or be included in that business’ tip pool. \\nNew York employers who manage tipped service employees may offset minimum wage requirements with qualifying tip credits. Instead of a standard hourly rate, an employer can opt to provide a “cash wage” to be combined with a guaranteed tip credit that amounts to or is above minimum wage. Minimum cash wages vary throughout the state.\\nIn New York City and Long Island, service employees are entitled to a $12.50 hourly (cash) wage, which must be substantiated with a $2.50 tip credit. In the rest of the state where minimum wage is set at $13.20, employers are obligated to offer cash wages of $11 and can combine them with tip credits of at least $2.20. \\nProper Notification\\nEmployers who wish to compensate workers with the tip credit method must ensure their employees are properly notified of the modified payment structure. At the heart of Kendra Brown’s complaint against Rivers Casino, where she worked for years as a server, are allegations that she was not provided a written notice outlining the company’s compensation plans. Brown claims that the company’s inexplicit plan included paying her and other coworkers using the tip credit minimum wage exception, including the specific amount of tip credit to be taken from the basic hourly rate. \\nBrown also alleged that the company failed to properly compensate overtime wages for workers; the company calculated overtime based on cash wages, rather than the state minimum wage as required by law. \\nContact the Working Solutions Law Firm\\nHas your employer withheld your rightfully earned wages? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Employees of the Rivers Casino reached a preliminary $5.5 million settlement with Rush Street Gaming LLC following numerous claims of payment issues. A New York federal judge stated that the proposed settlement meets the standards of reasonableness for preliminary approval. An approved class of “non-exempt, hourly, tipped employees at Rivers Casino who earned a direct&hellip;</p>\\n"},{"id":11715,"path":"/blog/new-york-city-considers-increasing-penalties-for-repeat-labor-law-offenders","slug":"new-york-city-considers-increasing-penalties-for-repeat-labor-law-offenders","modified":"2022-10-07T12:49:33","title":"New York City Considers Increasing Penalties for Repeat Labor Law Offenders","content":"New York City is considering the institution of a law that would strip the ability to sell food from fast-food companies that continually violate labor laws. The new bill was introduced in the New York City Council in August and comes after reports that numerous employers repeatedly violated the Fair Workweek Law passed in 2017. Among other protections, the Fair Workweek Law offered employees working in fast-food restaurants the right to a known and predictable schedule at least two weeks in advance, preventing last-minute cancellations in their timesheets. If enacted, the new law would allow the Department of Consumer and Worker Protection to cause the suspension, revocation, or denial of a food establishment permit for employers that paid more than $500,000 in penalties resulting from violations of the Fair Work Week Law in a three-year period. The law would also increase the civil penalty amount for repeat violators. \\nCompliance with the Fair Workweek Law has been an ongoing issue for the city. Earlier in August, Chipotle made headlines for its $20 million settlement with the city covering about 13,000 workers that had experienced violations of their right to predictable schedules and sick leave. Under the new law, employers, such as Chipotle, who repeatedly offend labor laws would be eligible for their food permit to be removed. Labor organizers celebrated the bill, claiming that it would help prevent big employers from committing labor law violations simply because they can afford to do so. \\nNew York City Labor Laws and Their Impact \\nAlthough several employers in the city have had a history of continually violating labor laws, the new bill would provide significant protections for workers and requirements for food establishments to take the rights of workers seriously. Furthermore, the impact of labor laws in New York City is often far-reaching. After a 2021 statute that required employers to provide just cause before firing a fast-food employee was challenged in court, the attorney generals of 15 other states formed a coalition defending the local statute. \\nSeek Legal Assistance Today \\n If you believe your employer has violated your right to sick leave, predictable schedules, or just cause, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 791-4140 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>New York City is considering the institution of a law that would strip the ability to sell food from fast-food companies that continually violate labor laws. The new bill was introduced in the New York City Council in August and comes after reports that numerous employers repeatedly violated the Fair Workweek Law passed in 2017.&hellip;</p>\\n"},{"id":11705,"path":"/blog/tesla-ordered-to-notify-ex-employees-about-class-action","slug":"tesla-ordered-to-notify-ex-employees-about-class-action","modified":"2022-10-06T09:20:10","title":"Tesla Ordered to Notify Ex-Employees About Class Action","content":"A Texas federal judge has ordered Tesla Inc. to notify ex-employees about a proposed class action case against the company for violating the Worker Adjustment and Retraining Notification (WARN) Act. The suit accuses the electric car company of wrongfully laying off employees at a Nevada plant without alerting them with a proper 60-day notice. \\nEmployees were offered severance packages at the time of their termination, which also released Tesla from any legal claims once signed. The recent court order addressed plaintiff concerns that employees were not provided fair opportunity to learn about the class action suit before signing away their rights to litigation. Alleged WARN Act Violations By Tesla \\nBusinesses that employ at least 100 full-time workers must abide by the Worker Adjustment and Retraining Notification (WARN) Act. This Act requires employers to give their workers a 60-day notice before laying off 50% of its force at any employment site. You can learn more about the law here. \\nIn summer of 2022, Tesla conducted mass layoffs at one of its plants in Sparks, Nevada effective immediately. Following their termination, two employees sought to sue Tesla as a class under the federal law. They alleged in their case that layoffs affected more than 500 workers at the factory. \\nThe electric car company offered severance packages to terminated employees worth several weeks of pay. In return, the agreement required employees to release Tesla Inc. of all legal claims, including those associated with the WARN Act. \\nClass Action\\nPlaintiffs in the proposed class action requested the court void agreements signed at the time of the layoff. They also requested an intervention to prevent Tesla from communicating with potential class members. But the court rejected these requests for being “too broad.” Counsel for the ex-employees, nonetheless, expressed satisfaction with the court’s order to notify employees of the class action. \\nU.S. Magistrate Judge Susan Hightower did, however, write in her recent decision that Tesla must notify all employees affected by the layoffs of their eligibility to participate in the class action case. “Any separation agreements issued or executed after plaintiff filed this case may be misleading because they fail to inform potential class members of this lawsuit and the rights that they are potentially giving up under the WARN Act,” she stated. \\nContact the Working Solutions Law Firm \\nHave you been wrongfully terminated? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A Texas federal judge has ordered Tesla Inc. to notify ex-employees about a proposed class action case against the company for violating the Worker Adjustment and Retraining Notification (WARN) Act. The suit  accuses the electric car company of wrongfully laying off employees at a Nevada plant without alerting them with a proper 60-day notice.  Employees&hellip;</p>\\n"},{"id":11688,"path":"/blog/have-you-been-unlawfully-terminated-contact-the-law-office-of-christopher-q-davis-today","slug":"have-you-been-unlawfully-terminated-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-10-05T09:23:12","title":"Have You Been Unlawfully Terminated? Contact The Working Solutions Law Firm Today!","content":"Do you believe that youve been unlawfully terminated from your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. If you live in NYC or NJ, you may have legal rights if you were terminated for unfair reasons in certain situations. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including wrongful termination, discrimination, and retaliation. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Do you believe that you&#8217;ve been unlawfully terminated from your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. If you live in NYC or NJ, you may have legal rights if you were terminated for unfair reasons&hellip;</p>\\n"},{"id":11684,"path":"/blog/are-you-experiencing-religious-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-experiencing-religious-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-10-04T10:40:20","title":"Are You Experiencing Religious Discrimination At Work? Contact The Working Solutions Law Firm Today!","content":"Are you experiencing discrimination because of your religion at work? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including discrimination, harassment, and wrongful termination. Whatever your employment issue is, please reach out today for a consultation.","excerpt":"<p>Are you experiencing discrimination because of your religion at work? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers specialize&hellip;</p>\\n"},{"id":11698,"path":"/blog/mcdonalds-franchise-owners-settle-in-religious-discrimination-case","slug":"mcdonalds-franchise-owners-settle-in-religious-discrimination-case","modified":"2022-10-03T10:12:37","title":"McDonald’s Franchise Owners Settle in Religious Discrimination Case","content":"A company operating several McDonald’s chain restaurants in the Baltimore Washington International Airport reached a settlement with a former manager this month. Diamond Powell sued Susdewitt Management LLC after suffering prolonged harassment and discrimination on account of her Muslim faith. \\nPowell filed her lawsuit in federal court in 2020, alleging that Susdewitt failed to accommodate her religious beliefs and fostered a hostile work environment based on her gender. She worked for the company between 2016 and 2018 amid working conditions that were “so challenging she felt forced to quit.” \\nAllegations of Harassment, Discrimination\\nIn 2017, Powell converted to Islam and made a request to her supervisor that she be permitted to wear a hijab with her uniform and take five short prayer breaks a day to be in accordance with her religious beliefs. Powell claims that her supervisors only gave her the option to pray in a dirty stockroom, even though her religious beliefs require her to pray in a clean space. Eventually, Powell shared with the court that eventually the company stopped letting her take prayer breaks entirely. \\nPowell was permitted to wear her hijab at work, but she began facing serious harassment from her colleagues once she did so. She accused several co-workers in her lawsuit or making leud comments about herself and other Muslim women. \\nThe case was settled before it could be tried in court. In September, the operating company Susdewitt attempted to dismiss the case. However, the court declined this dismissal, deciding in favor of Powell after concluding that the former manager’s “harassment and constructive discharge allegations were substantial enough to move forward to the discovery phase.” \\nFirst Amendment vs. Civil Rights Act of 1964\\nThe First Amendment is often misconstrued as the law of the land, ruling over spaces both public and private. The truth is that the First Amendment only applies in places where the government may claim authority, such as in public parks or streets. The First Amendment does not apply in private work settings, such as retail stores or office buildings. \\nThe First Amendment effectively empowers the American public to enjoy fundamental freedoms of speech, religion, press, protest, and political criticism without retaliation from their government. The right to religious practice is part of America’s foundation. But it took almost two centuries before Americans were able to codify these rights into laws that apply to their workplaces, in addition to public spaces.\\nThe Civil Rights Act of 1964 was passed to prohibit discrimination based on religion, gender, race, and national origin. Title VII of the Civil Right Act of 1964 specifically outlaws employment discrimination for protected classes and is cited regularly in court cases that allege discrimination in the workplace. The law is overseen by the U.S. Equal Employment Opportunity Commission, which helps to defend employees from improper treatment. \\nContact the Working Solutions Law Firm\\nHave you experienced religious discrimination or harassment in your workplace? If so, the Working Solutions Law Firm is here to help. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nLocated in New York City and in Livingston, New Jersey, our experienced employment lawyers specialize in many areas of the law, including discrimination, sexual harassment, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>A company operating  several McDonald’s chain restaurants in the Baltimore Washington International Airport reached a settlement with a former manager this month. Diamond Powell sued Susdewitt Management LLC after suffering prolonged harassment and discrimination on account of her Muslim faith.  Powell filed her lawsuit in federal court in 2020, alleging that Susdewitt failed to accommodate&hellip;</p>\\n"},{"id":11693,"path":"/blog/bill-protecting-pregnancy-accommodations-nationwide-awaits-vote-in-u-s-senate","slug":"bill-protecting-pregnancy-accommodations-nationwide-awaits-vote-in-u-s-senate","modified":"2022-09-30T16:07:58","title":"Bill Protecting Pregnancy Accommodations Nationwide Awaits Vote in U.S. Senate","content":"In May 2021, the House passed the Pregnant Workers Fairness Act, a piece of legislation that aims to guarantee standardized workplace protections for pregnant workers. Currently, the bill has yet to pass the Senate, prompting calls from civil rights groups, such as the ACLU, to demand action from Congress. Given the health risks and vulnerabilities associated with working while pregnant, the Senate should take prompt action to ensure protections are in place to ensure future pregnancies can be healthy as possible. \\nAccording to a fact sheet released by the Committee on Education and Labor, the motivation for such legislation has stemmed from the troubling rates of pregnancy discrimination endured by pregnant workers, even forty years after the passage of the Pregnancy Discrimination Act of 1978. Between 2010 and 2015, almost 31,000 pregnancy discrimination claims were filed with the Equal Employment Opportunity Commission. Surveys have shown that 62% of workers experienced pregnancy discrimination on the job and a whopping 88% of first-time mothers worked during their last trimester. Changing circumstances, such as the pandemic, have highlighted the inadequate protections in place for pregnant workers including a higher risk for severe illness and hospitalization. Despite the urgency for a federal law to protect a vulnerable population, members of the Senate have not made progress on passing the bill.\\nAbout the Pregnant Workers Fairness Act\\nUnder the Pregnant Workers Fairness Act, private sector employers with more than fifteen employees must make reasonable accommodations for their pregnant workers. Workers who request minor workplace accommodations will also be protected from termination. According to Sarah David Heydemann, counsel for workplace justice at the National Womens Law Center, accommodations for pregnant employees might look like the following examples:\\n\\nModifying a no-food-or-drink policy for a pregnant employee.\\nProviding a stool to a pregnant cashier who experiences leg pain from standing for long hours.\\nReassigning heavy lifting duties to other employees for some portion of an employees pregnancy.\\n\\nThe Pregnant Workers Fairness Act would nationalize legal support for pregnant workers. At present, thirty-one states have passed laws requiring reasonable accommodations for pregnant employees from their employers.\\nPregnancy Accommodations in New York \\nNew York State is among thirty-one states with laws in place that mandate reasonable accommodations for pregnant workers. In New York, employers with four or more employees must provide reasonable accommodations to the known pregnancy-related conditions of an employee, unless doing so would impose an undue hardship on the employer. The law protects employees regardless of time spent working with the employer. Employers must post information about these rights in an accessible location to employees. Additionally, New York City also has local laws that provide similar protections to workers in the city.\\nSeek Legal Assistance Today \\nIf you believe your employer has discriminated against you for reasons related to your pregnancy, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 791-4140 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In May 2021, the House passed the Pregnant Workers Fairness Act, a piece of legislation that aims to guarantee standardized workplace protections for pregnant workers. Currently, the bill has yet to pass the Senate, prompting calls from civil rights groups, such as the ACLU, to demand action from Congress. Given the health risks and vulnerabilities&hellip;</p>\\n"},{"id":11680,"path":"/blog/whistleblower-rights-significantly-expanded-in-new-york-law-amendments","slug":"whistleblower-rights-significantly-expanded-in-new-york-law-amendments","modified":"2022-09-29T11:31:45","title":"Whistleblower Rights ‘Significantly Expanded’ in New York Law Amendments","content":"The NBA’s investigation into Phoenix Suns’ owner Robert Sarver concluded last week with a one-year suspension and $10 million fine after discovering ample evidence of Sarver’s racism, misogyny, and hostility toward employees in the workplace. Not everyone was pleased with the basketball league’s decisions, including Sarver who began the process to sell the Phoenix Suns franchise. \\nDays before the investigation concluded and final decisions were released, a former employee of the Phoenix Suns took to Twitter to publicly criticize the NBA for its prolonged investigation into Sarver’s behavior. The woman revealed that she broke her NDA to speak with investigators and was distressed about the length of the investigation and the potential consequences it could have had on her job. \\nWhistleblower Rights in New York \\nWhistleblowers play an important part in identifying and speaking out against corruption. Certain Federal rules, such as the Whistleblower Protection Act, apply to government employees and contractors who disclose internal wrongdoing. Whistleblowing in the private sector is not protected at the same level; speaking out against corporate corruption often entails greater scrutiny. In addition to federal laws, many states have their own laws to protect the rights of whistleblowers. \\nIn January 2022, New York significantly expanded whistleblower protections under Section 740 of the New York Labor Law. The law seeks to protect employees from retaliation for alerting a supervisor, authorities, or other public bodies about wrongful activity within their company. \\nIn the amended law, the definition of protected employees is broadened to include independent contractors and former employees. This inclusivity will help to prevent individuals from being blacklisted in an industry and empower more people to speak up. \\nOne of the most significant changes to the law includes the expansion of the scope of protected activity for whistleblowers. It will prohibit an employer from taking any retaliatory action against an employee for disclosing or threatening to disclose an issue that: \\n\\n(i) The employee reasonably believes is in violation of any law, rule, or regulation; or\\n(ii) The employee reasonably believes poses a substantial and specific danger to the public health or safety.\\n\\nThe original version of the law only protected employees if they disclosed an “unlawful activity, policy, or practice of the employer that creates and presents a substantial danger to the public health or safety, or that which constitutes health care fraud.” Other activities, such as sexual harassment claims, were not covered because they did not seemingly present an outright danger to the public. The updated law will provide protections to whistleblowers for reporting activities that may not necessarily affect general public health or safety, but still pose serious problems. \\nSection 740 details an important change to how private employees are treated in comparison to public employees. Private employees originally needed proof of a violation in order to “sustain a cause of action.” Public employees, however, have needed only a “reasonable” belief. Modifications to the law will provide greater protections to all employees. \\nPhoenix Suns Corroborations\\nThe NBA hired an independent firm to conduct an investigation into Phoenix Suns majority owner Robert Sarver following a 2021 expository piece from ESPN, which detailed an extensive history of his racism and misogyny. The investigation, which collected accounts from hundreds of employees, was finalized and released to the public last week.\\nMany industries require employees to sign NDAs in order to keep internal information private. They can also be used to deter the actions of whistleblowers. Despite these contracts, employees who experience or reasonably believe in the existence of internal wrongdoings may still disclose these acts to authorities. A number of Federal laws protect whistleblowers with valid claims, and state laws are also bolstering protections for employees. \\nContact the Working Solutions Law Firm\\nHas your employer retaliated against you for alerting authorities of wrongful workplace behavior? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including retaliation and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The NBA’s investigation into Phoenix Suns’ owner Robert Sarver concluded last week with a one-year suspension and $10 million fine after discovering ample evidence of Sarver’s racism, misogyny, and hostility toward employees in the workplace. Not everyone was pleased with the basketball league’s decisions, including Sarver who began the process to sell the Phoenix Suns&hellip;</p>\\n"},{"id":11676,"path":"/blog/have-you-faced-racial-discrimination-at-work-call-us-today","slug":"have-you-faced-racial-discrimination-at-work-call-us-today","modified":"2022-09-28T07:19:18","title":"Have You Faced Racial Discrimination at Work? Call Us Today!","content":"Have you experienced racial discrimination at work? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 801-5103 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you experienced racial discrimination at work? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 801-5103 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many&hellip;</p>\\n"},{"id":11665,"path":"/blog/have-your-workplace-rights-been-violated-contact-the-law-office-of-christopher-q-davis-today","slug":"have-your-workplace-rights-been-violated-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-09-27T10:08:39","title":"Have Your Workplace Rights Been Violated? Contact The Working Solutions Law Firm Today!","content":"Do you feel like your workplace rights have been violated? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, such as discrimination, harassment, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you feel like your workplace rights have been violated? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in&hellip;</p>\\n"},{"id":11672,"path":"/blog/phoenix-suns-owner-suspended-fined-for-hostile-work-environment","slug":"phoenix-suns-owner-suspended-fined-for-hostile-work-environment","modified":"2022-09-26T16:59:55","title":"Phoenix Suns Owner Suspended, Fined for Hostile Work Environment","content":"Robert Sarver purchased the NBA Phoenix Suns team in 2004. Coming out of another unlucky season for the team, the real estate mogul was tasked with an important endeavor of signing a free agent capable of radically improving the team’s success streak. Sarver set his mind on Steve Nash. Bill Duffy and 2003 Rookie of the Year Amare Stoudemire, both of whom are Black, joined Nash in his decisive conversation with the Phoenix Suns’ executive team. \\nWhat was going to be Sarver’s debut shot as a team leader, ESPN described as early warning signs of the owner’s disconcerting attitude. On the day of his free agent pitch, three individuals in the room expressed their observation of Sarver’s “loose and racially insensitive” behavior. This month, the NBA decided to suspend Sarver for one month and fine him $10 million alleging that he “clearly violated workplace standards” and for having a lengthy track record of racism, misogyny, and brazen hostility. Following his suspension and multiple legal accusations, Sarver has started the process to sell the team. \\nNBA Investigates Robert Sarver, Owner of Phoenix Suns\\nA 2021 exposé detailed 17 years of allegations against Robert Sarver for apparent racism and misogyny in his role as owner of the basketball franchise. Many of his colleagues praised Sarver for his business skills in real estate development, through which he made his fortune. A former Suns executive admired Sarver in this way but was unsurprised at the backlash he was receiving saying, “he acted like a dummy around the game of basketball. And that was the thing that pissed me off so much because he was smart enough to know better.\\nFollowing the exposé, the NBA commissioned an investigation into the owner’s behavior. As reported by ESPN, “the investigation included interviews with more than 320 current and former employees as well as Sarver, the NBA announced. It also examined more than 80,000 documents and other materials, including emails, text messages and videos.” The report is publicly available online.\\nThe investigation found at least five instances of Sarver using the N-word, one of which in the presence of the team’s head coach who insisted he not use the term. Also elaborated in the report was Sarver’s “demeaning and harsh treatment of employees,” which was often targeted at female employees. Sarver made numerous sexual remarks in the workplace and spoke inappropriately about the physical appearances of his female employees.. Additionally, Sarver was found to have engaged in inappropriate physical conduct toward several male employees. \\nSince the release of the report, Sarver has commenced the process to sell the Phoenix Suns and its WNBA counterpart Phoenix Mercury. In a statement, Sarver said Words that I deeply regret now overshadow nearly two decades of building organizations that brought people together  and strengthened the Phoenix area  through the unifying power of professional mens and womens basketball.\\nLegal Protections in the Workplace\\nAmong various kinds of workplaces, from traditional cubicles to court stadiums, certain standards of respect are legally required of all employees. Lawmakers for decades have worked to modernize the workplace into a more equitable and fairer space. With a series of federal mandates that have been instituted over the years, discrimination and exclusion are not tolerated in the workplace . \\nThe Civil Rights Act of 1964 was federally adopted to prevent discrimination in the workplace for protected classes. These includes race, gender, religious affiliation, and national origin. The Age Discrimination in Employment Act of 1967 was passed to inhibit discrimination against workers 40 years old and older. In 2020, the Supreme Court case Bostock v. Clayton County, Georgia ruled that employers could not terminate workers based on sexual orientation or transgender status. The Justices ruled in favor of workers, arguing that they were also protected under Title VII of the Civil Rights Act. \\nContact the Working Solutions Law Firm\\nHave you experienced discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including discrimination, retaliation, and sexual harassment. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Robert Sarver purchased the NBA Phoenix Suns team in 2004. Coming out of another unlucky  season for the team, the real estate mogul was tasked with an important endeavor of signing a free agent capable of radically improving the team’s success streak. Sarver set his mind on Steve Nash. Bill Duffy and 2003 Rookie of&hellip;</p>\\n"},{"id":11667,"path":"/blog/walmart-named-in-legal-cannabis-class-action-suit-for-retaliating-against-employees","slug":"walmart-named-in-legal-cannabis-class-action-suit-for-retaliating-against-employees","modified":"2022-09-23T09:58:10","title":"Walmart Named in Legal Cannabis Class Action Suit for Retaliating Against Employees","content":"Cannabis use has been legalized in 19 different states, so far. In New Jersey, state legislation has been passed to ensure employees who engage with cannabis recreationally are not penalized in the workplace. Still, many employees are subject to drug tests that continue to identify the presence of marijuana, amongst other substances. \\nWalmart and its subscription-based subsidiary Sam’s Club have been named in a class action suit that accuses the retailers of wrongfully terminating, or otherwise penalizing, employees with positive results for cannabis. \\nThe Case\\nErick Zanetich was offered a job with Walmart’s security department in January 2022. In February, the company revoked his offer after Erick tested positive for marijuana in a mandated drug test. Zanetich is the lead plaintiff in the case against Walmart and Sam’s Club. The class action is open to anyone who, on or after February 22, 2021, was fired, denied employment, or subjected to any other adverse employment action from any Walmart or Sam’s Club in New Jersey following a drug test that came back positive for cannabis.\\nThe New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (CREAMMA) was adopted in August 2021, which prevents employers from denying employment opportunities to candidates with detected cannabis use. \\nZanetich is requesting back pay for himself and others. Due to the size of damages, Walmart argued that the case should be tried in the New Jersey federal court. For Zanetick alone, the retail giant calculated he would have earned about $24,000 between his start date and time the lawsuit was filed. \\nThe Department of Labor in New York, another state where marijuana has been legalized, has similarly updated their terms to prohibit employers from retaliating against employees who engage with cannabis use outside of work. \\nCompanies may uphold policies of a drug free environment on their worksites. The legalization of cannabis use does not permit people to engage in such activity while they are on the clock. However, employers are obligated to respect the substance’s legalization and not punish its users. \\nContact the Working Solutions Law Firm\\nHas your employer retaliated against you for marijuana use outside of work? If so, seek legal counsel from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including retaliation, wrongful termination, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Cannabis use has been legalized in 19 different states, so far. In New Jersey, state legislation has been passed to ensure employees who engage with cannabis recreationally are not penalized in the workplace. Still, many employees are subject to drug tests that continue to identify the presence of marijuana, amongst other substances.  Walmart and its&hellip;</p>\\n"},{"id":11636,"path":"/blog/bloomberg-accused-of-evading-overtime-payments","slug":"bloomberg-accused-of-evading-overtime-payments","modified":"2022-09-22T09:34:56","title":"Bloomberg Accused of Evading Overtime Payments","content":"Two years ago, Bloomberg LP settled a $3 million lawsuit that accused the company of failing to pay its workers overtime wages. Now, Bloomberg is once again under fire for illegal payment practices. Heidi Diaz, a former human resources employee at Bloomberg, is the lead plaintiff in the class action, which seeks to include all Bloomberg employees who were employed after February 2020. \\nPrevious Overtime Violations: History Repeats Itself\\nIn its 2020 case involving wage-and-hour claims, a group of New York call center workers, who claimed that Bloomberg pressured them to work through lunchtime and beyond their shift without overtime pay. Diaz now says that despite its previous settlement over similar claims, the financial and media company continued to flout overtime regulations. Undeterred, Bloomberg continued its illegal and improper wage practices, thereby necessitating this action seeking redress for Bloombergs continued unlawful conduct, Diaz said. \\nDiaz recalls working through her lunch breaks and outside of her scheduled shifts without receiving overtime compensation. In the last two weeks of August 2022, for example, Diaz claims to have worked up to one hour after her shift at least four times and through her one-hour lunchtime six times. Diaz further states that Bloomberg had the ability to track the number of hours its employees worked — the company just chose not to make overtime payments accordingly. Bloomberg workers needed to swipe their security badges upon to go in and out of the building, and Diaz alleges that her manager saw that she was working overtime.\\nOne of the attorneys representing Diaz, Brett Gallaway, expressed her legal team’s desire to seek redress. We believe Bloomberg continues to skirt its obligations regarding employee compensation and will aggressively pursue all avenues of recovery on behalf of the proposed class,” Gallaway said.\\nFederal and State Laws on Overtime Regulations \\nThere are federal and state laws that protect individuals from wage violations in the workplace. According to the FLSA, employees are entitled to receive overtime pay for any hours worked over 40 per workweek at a “rate not less than one and a half times the regular rate of pay.” In this case, Diaz alleges that Bloomberg paid its employees half their regular rate of pay for overtime work, rather than the time and a half rate mandated by the FLSA.\\nSeveral states, including New York and New Jersey, acknowledge and uphold this law. Both state and federal regulations regarding overtime pay are in place to prohibit employers from refusing to pay their employees their rightfully earned wages. \\nSeek Legal Assistance Today \\nIf your employer has refused to pay you overtime wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive expert legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Two years ago, Bloomberg LP settled a $3 million lawsuit that accused the company of failing to pay its workers overtime wages. Now, Bloomberg is once again under fire for illegal payment practices. Heidi Diaz, a former human resources employee at Bloomberg, is the lead plaintiff in the class action, which seeks to include all&hellip;</p>\\n"},{"id":11611,"path":"/blog/have-you-been-wrongfully-terminated-contact-the-law-office-of-christopher-q-davis-today-2","slug":"have-you-been-wrongfully-terminated-contact-the-law-office-of-christopher-q-davis-today-2","modified":"2022-09-22T09:29:20","title":"Have You Been Wrongfully Terminated? Contact The Working Solutions Law Firm Today!","content":"Do you believe that youve been wrongfully terminated from your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including wrongful termination, retaliation, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you believe that you&#8217;ve been wrongfully terminated from your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&hellip;</p>\\n"},{"id":11633,"path":"/blog/new-york-state-law-requires-employers-to-provide-remote-workers-with-digital-copies-of-mandated-postings","slug":"new-york-state-law-requires-employers-to-provide-remote-workers-with-digital-copies-of-mandated-postings","modified":"2022-09-20T10:12:32","title":"New York State Law Requires Employers to Provide Remote Workers with Digital Copies of Mandated Postings","content":"Many companies have closed their office spaces for good and converted their operations entirely online. While the necessity of working in a physical office has recently become a highly debated topic, legislators have also been proactive in reaffirming and validating the protection of remote workers. \\n The New York State Assembly recently passed a bill that requires employers to make mandatory workplace postings available electronically for all employees. Postings include important notices for health and safety rules, minimum wage notices, and warnings against retaliatory behavior. While working in a virtual workplace, some workers may fall victim to overlooking their rights under standard labor laws. The new bill, which will go into effect once signed by Governor Kathy Hochul, will help to bridge the legal divide between remote and in-person work settings. \\nHow will the law affect remote workers and employers? \\nThe current state law requires employers to display all mandatory workplace postings in their physical workplace settings. A list of each field’s state-mandated postings can be found on the Department of Labor’s website here. \\nWith the recent amendments to the law, employers must also notify their employees that mandatory postings are available to them in a digital format. Language in employee handbooks and other onboarding materials should be updated regularly to inform employees where to find digital copies of these documents. \\nFurthermore, employers are ordered to create and upload digital copies of their mandatory postings to an internal service that employees can access may be a company-used HR system or virtual workplace platform. For companies without an internal website, employers should compile an email with the postings attached to it. These notices must be distributed company-wide once the bill is signed into law.\\nMandated postings help to inform employees of their rights in the workplace, regardless of the environment they are working in. The recent bill that updates state law, once signed, will seek to adequately equate offices with their remote work alternatives. \\nContact the Working Solutions Law Firm\\nDo you believe your rights have been neglected in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including retaliation, discrimination, as well as issues of unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Many companies have closed their office spaces for good and converted their operations entirely online. While the necessity of working in  a physical office has recently become a highly  debated topic, legislators have also been proactive in reaffirming and validating  the protection of remote workers.    The New York State Assembly recently passed a bill that&hellip;</p>\\n"},{"id":11628,"path":"/blog/questions-about-your-overtime-wages-contact-us-today","slug":"questions-about-your-overtime-wages-contact-us-today","modified":"2022-09-20T07:03:58","title":"Questions about Your Overtime Wages? Contact Us Today!","content":"Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 879-6986 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 879-6986 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&hellip;</p>\\n"},{"id":11608,"path":"/blog/starbucks-continues-to-face-former-managers-race-bias-suit","slug":"starbucks-continues-to-face-former-managers-race-bias-suit","modified":"2022-09-16T20:04:14","title":"Starbucks Continues to Face Former Manager’s Race Bias Suit","content":"In October 2019, a former Philadelphia-area regional director of Starbucks, Shannon Phillips, filed a race bias suit against the coffee giant. Following the wrongful arrest of two Black men at a Center Cinty store in 2018, Phillips, a white woman, alleged that her subsequent termination amounted to “reverse discrimination.” According to an article in the Philadelphia Inquirer, Phillips argued that Starbucks sought to “punish white employees who had not been involved in the arrests, but who worked in and around the city of Philadelphia, in an effort to convince the community that it had properly responded to the incident.”\\n\\nAllegations of Reverse Discrimination and Starbucks’ Response\\nThe suit alleges that Starbucks fired Phillips after 13 years of service and chose not to hire her for a temporary assignment position because she is white. Phillips claims that she had been praised for her “exceptional” work performance and was on track for a promotion leading up to the arrest incident. \\nIn response, Starbucks says that Phillips was lawfully terminated not to mitigate community backlash to the arrests, but rather for her complete failure to lead her team during a key moment in Starbucks history.” According to a Bloomberg Law article, her supervisors testified that Phillips “lacked awareness of how critical the situation was for Starbucks and its partners.”\\nFederal Judge Finds Evidence of Race Bias \\nThis month, U.S. District Judge Joel Slomsky ruled that Phillips offered sufficient evidence of suffering adverse employment action due to reverse race discrimination. Plaintiff has offered evidence from which a jury could conclude that Starbucks treated some Caucasian employees less favorably because of race after the April 2018 incident, thus giving rise to an inference of discrimination, Judge Slomsky wrote.\\nJudge Slomsky invoked testimony from Paul Sykes, a Black district manager whom Phillips supervised. According to a Law360 article, Sykes stated under deposition his belief that he was treated more favorably than Phillips due to his race, and that higher-ups at Starbucks were keen on sending a strong message to its customer base after the arrest incident.\\nJudge Slomsky further noted that Sykes remained employed despite directly overseeing the Center City store at the time of the incident, and despite complaints about his leadership style from various workers he supervised. Contrarily, Starbucks immediately fired the white store manager who had called the police on the two men. According to Judge Slomsky, this disparate treatment gives rise to an inference of race bias in support of Phillips.\\nDiscrimination and Retaliation Laws in New York State\\nUnder Section 296 of New York State Law, it is illegal for employers to discriminate against their employees based on “age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence.” \\nSeek Legal Assistance Today \\nHave you been the victim of workplace discrimination? The Working Solutions Law Firm is here to help! Our expert employment lawyers are located in New York City and in Livingston, New Jersey. Call us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel. \\nExpert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>In October 2019, a former Philadelphia-area regional director of Starbucks, Shannon Phillips, filed a race bias suit against the coffee giant. Following the wrongful arrest of two Black men at a Center Cinty store in 2018, Phillips, a white woman, alleged that her subsequent termination amounted to “reverse discrimination.” According to an article in the&hellip;</p>\\n"},{"id":11612,"path":"/blog/have-you-experienced-discrimination-or-retaliation-because-of-your-race","slug":"have-you-experienced-discrimination-or-retaliation-because-of-your-race","modified":"2022-09-16T12:10:29","title":"Have You Experienced Discrimination or Retaliation Because Of Your Race?","content":"","excerpt":""},{"id":11605,"path":"/blog/amarak-sued-again-for-unpaid-wages-and-failure-to-pay-overtime","slug":"amarak-sued-again-for-unpaid-wages-and-failure-to-pay-overtime","modified":"2022-09-14T12:02:10","title":"Amarak Sued Again for Unpaid Wages and Failure to Pay Overtime","content":"Aramark Corporation, a food service, facilities, and uniform service provider, faces a class action employment lawsuit. A subsidiary of the company failed to pay overtime wages to employees that have worked more than 40 hours per week, which is a direct violation of the Fair Labor Standards Act (FLSA), an act created to ensure fair working conditions. The lead plaintiff is LaTrecha Rice, who was a food service manager for the company. Currently, the suit is a class action that permits Aramark employees (starting as far back as August 31, 2019) who experienced similar mistreatment as Rice — loss of overtime wages and untimely payment of wages — to join. \\n\\nMisclassification as Unit Managers\\nAramark Services allegedly misclassified their unit managers as salaried employees, which exempted them from overtime pay. With this misclassification, the food service managers were illegally denied overtime pay for working over 40 hours per work. According to FLSA overtime laws, employees who work over 40 hours in a workweek must be paid “at a rate not less than time and one-half their regular rates of pay.” FLSA overtime laws apply only to non-exempt employees, who are employees that are hourly or “earn a salary that’s less than a minimum amount determined by the DOL,” or the Department of Labor. \\nOther ways to determine whether someone is eligible for overtime pay is to examine their work responsibilities. For instance, in LaTrecha Rice v. Aramark Services Inc., while Rice was hired as a food service manager with duties that included supervising other employees, most of her work consisted of non-managerial labor. According to a Law360 article, the unit managers did not “have the ability to hire, promote or fire employees, nor are their recommendations on such fronts given much thought.” Rather, their work consisted of preparing food and cleaning the kitchen. Despite the title of “unit manager,” Rice and other similarly situated employees did not hold managerial duties. This work-responsibility distinction is another reason Rice was wrongly categorized as an employee exempt from overtime pay. \\nRice’s Overtime Suit \\nDue to these losses in overtime wages, Rice filed a suit to recover these wages and to pay for damages. While this case originated in Ohio, Aramark is a nation-wide corporation that is notorious for violating federal work laws. In May 2021, a former Chef employee of the company sued on the grounds that she was not paid all of her wages and was discriminated against for her sex and autoimmune conditions. There was also a class action settlement in 2019 where Aramark paid $21 million for canceling bonuses and withholding pay from their managers. With a long history of violating federal labor laws, Rice’s case is another that will set an example to improve Aramark working environments. \\nSeek Legal Assistance Today \\nDo you have unpaid wages? Is your employee withholding overtime pay? If so, seek legal assistance from employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Our employment lawyers specialize in many areas of the law. Whatever your employment issue is, please reach out for a consultation today. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Aramark Corporation, a food service, facilities, and uniform service provider, faces a class action employment lawsuit. A subsidiary of the company failed to pay overtime wages to employees that have worked more than 40 hours per week, which is a direct violation of the Fair Labor Standards Act (FLSA), an act created to ensure fair&hellip;</p>\\n"},{"id":11589,"path":"/blog/are-you-missing-your-overtime-payments-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-missing-your-overtime-payments-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-09-13T09:25:54","title":"Are You Missing Your Overtime Payments? Contact The Working Solutions Law Firm Today!","content":"Are you missing your overtime payments from your employer? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. It is illegal for your employer to force you to work “off the clock,” or to falsely report your work hours. You can call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, workplace discrimination, and retaliation. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you missing your overtime payments from your employer? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. It is illegal for your employer to force you to work “off the clock,” or to falsely report your work hours.&hellip;</p>\\n"},{"id":11601,"path":"/blog/do-you-know-your-prevailing-wage","slug":"do-you-know-your-prevailing-wage","modified":"2022-09-12T16:27:55","title":"Do You Know Your Prevailing Wage?","content":"City workers are essential to keeping the public clean, safe, and functioning smoothly. A significant portion of infrastructure, however, is not actually owned by the city. The MTA, for instance, which runs New York City’s subway system, is operated as a private corporation. But transportation is just one of many critical public services to cities. As such, many city workers are hired as private contractors through third parties, like the MTA, to perform essential work. \\nCity workers are entitled to prevailing wages\\nTo reward and incentivize their critical work, New York state legislation insists that anyone who works on a government-funded project be paid a prevailing wage. A prevailing wage establishes a standard rate of pay and benefits for workers in a given occupation, which is calculated as an average from other employees working similar positions in an area like NYC. \\nIn a recent letter directed to the subway corporation MTA, New York City’s Comptroller, Brad Lander, reminded leadership of their obligation to ensure that prevailing wages are paid to their contractors. Revelations that subway cleaners hired during the pandemic to sanitize subway cars and stations have concerned state officials. \\nPrevailing wages are a right. Do not miss out on what you are owed. \\nAre you a city worker? \\nIf you are a contractor who performs public work or building services for the city, then you are entitled to a prevailing wage. Information for your position’s prevailing wage is legally obligated to be posted at your job site. \\nIf you work to maintain public city buildings, such as a custodian, security guard, or IT associate, and are employed through a contracted organization then you are entitled to a prevailing wage. If you work to improve public infrastructure like subway cleaners, construction workers, or electricians, then you are also entitled to a prevailing wage. \\nContact the Working Solutions Law Firm\\nStill not sure whether you’re owed a prevailing wage? Contact the Working Solutions Law Firm to find out. Speak with one of our representatives about the matter by calling our main line at 646-430-7930 or visit our website for a free chat online. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>City workers are essential to keeping the public clean, safe, and functioning smoothly. A significant portion of infrastructure, however, is not actually owned by the city. The MTA, for instance, which runs New York City’s subway system, is operated as a private corporation. But transportation is just one of many critical public services to cities.&hellip;</p>\\n"},{"id":11594,"path":"/blog/hsbc-executive-sues-employer-for-discrimination-and-retaliation","slug":"hsbc-executive-sues-employer-for-discrimination-and-retaliation","modified":"2022-09-09T17:36:12","title":"HSBC Executive Sues Employer For Discrimination and Retaliation","content":"Monique Thacker, a HSBC executive who worked at the financial institution for nearly a decade, recently sued her employer for national origin discrimination and whistleblower retaliation. According to the complaint filed in New York federal court, Thacker “was subjected to adverse employment actions and treated differently and worse than her white counterparts because of her national origin and because she raised concerns about serious compliance and regulatory issues.” \\nThacker’s Experience With Discrimination and Retaliation at HSBC \\nDespite being one of the bank’s top performers, Thacker’s superiors repeatedly refused to give her raises and promotions, while less-qualified white co-workers were given job titles involving work that Thacker had already been doing. After Thacker took on more responsibility and risk on the job in 2021, a co-worker suggested giving Thacker a raise. To this suggestion, Thacker’s supervisor, who had allegedly verbally assaulted her in 2019, responded with a profanity-laced way of saying no. In a separate instance, Thacker was yet again a victim of workplace verbal harassment when a senior HR manager, told Thacker “you’re dark” during a meeting. Thacker’s legal team responded to this comment emphasizing that it “was vile and offensive and is evidence of the national origin bias that thrives at HSBC.”\\nThe second part of the complaint alludes to the retaliation Thacker faced after reporting two HSBC employees for using WhatsApp against the company’s compliance codes. Because the two employees worked under an important team, they were not disciplined harshly. Thacker claims that this is “100% consistent with ‘Business’ ‘winning out’ over ‘Compliance’.” Following her report of the incident, Thacker claims that she was met with hostile behavior from other HSBC employees. One supervisor refused to speak to her, include her in important meetings, and ask for her feedback before making important decisions. According to the complaint, “HSBC discriminated against plaintiff in reckless disregard of her civil rights under New York State and New York City Human Rights statutes.”\\nDiscrimination and Retaliation Laws in New York State\\nUnder Section 296 of New York State Law, it is illegal for employers to discriminate against their employees based on “age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence.” \\nSection 740 of New York State Law protects employees from retaliation for reporting a violation of the law that “creates and presents a substantial and specific danger to the public health or safety.” In February 2022, New York Governor Kathy Hochul signed an amendment that expanded the scope of protected individuals and activities under the whistleblower law. \\nSeek Legal Assistance Today \\nHave you experienced discrimination or retaliation at work? The Working Solutions Law Firm is here to help! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel. \\nExpert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Monique Thacker, a HSBC executive who worked at the financial institution for nearly a decade, recently sued her employer for national origin discrimination and whistleblower retaliation. According to the complaint filed in New York federal court, Thacker “was subjected to adverse employment actions and treated differently and worse than her white counterparts because of her&hellip;</p>\\n"},{"id":11573,"path":"/blog/are-you-facing-retaliation-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-facing-retaliation-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-09-08T09:17:39","title":"Are You Facing Retaliation at Work? Contact The Working Solutions Law Firm Today!","content":"Is your supervisor retaliating against you in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. It is illegal for your employer to retaliate against you for reporting workplace violations or other improper behavior. Call us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including retaliation, discrimination, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your supervisor retaliating against you in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. It is illegal for your employer to retaliate against you for reporting workplace violations or other improper behavior. Call us today&hellip;</p>\\n"},{"id":11584,"path":"/blog/dc-mayor-signs-amended-ban-on-non-compete-agreements","slug":"dc-mayor-signs-amended-ban-on-non-compete-agreements","modified":"2022-09-07T08:48:18","title":"DC Mayor Signs Amended Ban on Non-Compete Agreements","content":"In response to widespread criticism of the Ban on Non-Compete Agreements Amendment Act of 2020, which sought to impose a near-total ban on non-competes, the Council of the District of Columbia has amended the law and postponed its enforcement date. The revised ban, named the Non-Compete Clarification Amendment Act of 2022, will be enforced starting October 1, 2022.\\nThe Ban on Non-Compete Agreements Amendment Act of 2020\\nThe District of Columbia Council had passed the original ban in a 12-0 vote on December 15, 2020. Its sweeping provisions prohibited employers operating in the District from restricting employees from working for another employer. The few exemptions to the ban applied to medical specialists earning more than $250,000 annually, religious officials, unpaid volunteers, and babysitters. Similarly exempt from the ban were city and U.S. government employees and buyers and sellers of businesses. \\nAccording to an article by the U.S. Chamber of Commerce, the law in its original form would have severely limited most businesses’ ability to safeguard their investments and protectable information. \\nThe Non-Compete Clarification Amendment Act of 2022\\nThe amended Act, which was passed by the council on July 12 and signed into law by Mayor Bowser shortly thereafter, greatly restricts the reach of the original ban. The legislation now applies only to employees who spend most of their time working in D.C. Moreover, while religious officials and unpaid volunteers are no longer excluded from the ban, all highly compensated employees — those earning $150,000 or more annually — are excluded. Finally, the Act limits the type of provision allowed in a non-compete. For instance, contracts cannot prohibit employees from “disclosing, using, selling, or accessing” sensitive or proprietary employer information. Furthermore, contracts cannot prohibit employees from earning anything of value from a person other than the employer if such work would introduce a conflict of interest.\\nAccording to the U.S. Chamber of Commerce, these amendments make the Act significantly more palatable to the D.C. business community, as employers will now be able to protect investments and information without curtailing job opportunities for their non-highly compensated employees.\\nSeek Legal Assistance\\nIf you have been presented with a non-compete agreement, the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey, can help ensure that you are getting a fair deal. Contact us today at (201) 817-9650 to schedule a free case evaluation and receive experienced legal counsel. \\nOur expert attorneys specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue may be, please reach out for a consultation today.","excerpt":"<p>In response to widespread criticism of the Ban on Non-Compete Agreements Amendment Act of 2020, which sought to impose a near-total ban on non-competes, the Council of the District of Columbia has amended the law and postponed its enforcement date. The revised ban, named the Non-Compete Clarification Amendment Act of 2022, will be enforced starting&hellip;</p>\\n"},{"id":11578,"path":"/blog/have-you-experienced-sex-discrimination-at-work-contact-us-today","slug":"have-you-experienced-sex-discrimination-at-work-contact-us-today","modified":"2022-09-07T06:41:33","title":"Have You Experienced Sex Discrimination at Work? Contact Us Today!","content":"Are you experiencing sex-based discrimination at work? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 817-9650 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Are you experiencing sex-based discrimination at work? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 817-9650 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the&hellip;</p>\\n"},{"id":11582,"path":"/blog/female-skywest-airlines-employee-retaliated-against-for-reporting-sexual-harassment","slug":"female-skywest-airlines-employee-retaliated-against-for-reporting-sexual-harassment","modified":"2022-09-06T14:03:14","title":"Female Skywest Airlines Employee Retaliated Against for Reporting Sexual Harassment","content":"In August 2022, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Skywest Airlines for creating a hostile work environment for female employee, Sarah Budd. Budd experienced sexual harassment from multiple male colleagues. When she reported their behavior, the airlines purportedly retaliated against her. According to an EEOC press release, “Utah-based SkyWest Airlines violated federal law by subjecting a female parts clerk to sexual harassment.\\nSexual Harassment in the Skywest Airlines Workplace \\nIn the EEOC’s lawsuit, the EEOC states that “explicit sexual conversations and conduct were a daily feature of the work environment at the overwhelmingly male Parts and Maintenance Divisions of SkyWest’s Dallas operation.” Some examples include various male employees — and at least one manager — suggesting their female counterpart make money through prostitution, requesting her to perform sexual acts, and frequently joking about rape. Specifically, one of the male employees argued that “rape victims were lying for attention” and made numerous comments joking about the severity of rape. \\nAfter reporting the blatant sexual harassment to management, Budd was placed on “indefinite administrative leave.” According to the EEOC press release, the airlines never requested her to return to work, nor did they create a safer environment for her to return to. Budd eventually resigned after months of being out of the workplace and losing equal employment opportunities and benefits provided to other workers. \\nLegal Protections Against Workplace Sexual Harassment \\nSkywest Airlines’ conduct in responding to and addressing Budd’s complaints violated Title VII of the Civil Rights Act of 1964, which “prohibits employment discrimination based on race, color, religion, sex and national origin.” In failing to rectify the sexually hostile work environment, Skywest Airlines failed to protect Budd — and other female employees — under federal law. \\nApart from Title VII, there are various laws in New York that protect against sex discrimination and harassment in the workplace. The New York City Human Rights Law “prohibits discrimination by most employers, housing providers, and public accommodations on the basis of gender.” New York State Labor Law requires all employers to have a sexual harassment policy that enables people to complain and report incidents of sexual harassment. As Alexa Lang, a trial attorney for the EEOC, rightfully says, “Everyone deserves to feel safe at work and no one should be pushed out of her workplace by pervasive jokes about sexual violence.”\\nSeek Legal Assistance Today \\nHave you experienced sex-based discrimination or retaliation in the workplace? If so, seek legal assistance from employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Our employment lawyers specialize in many areas of the law. Whatever your employment issue is, please reach out for a consultation today. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In August 2022, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Skywest Airlines for creating a hostile work environment for female employee, Sarah Budd. Budd experienced sexual harassment from multiple male colleagues. When she reported their behavior, the airlines purportedly retaliated against her. According to an EEOC press release, “Utah-based SkyWest Airlines violated&hellip;</p>\\n"},{"id":11567,"path":"/blog/fox-sports-sued-for-using-covid-as-a-mask-for-age-discrimination","slug":"fox-sports-sued-for-using-covid-as-a-mask-for-age-discrimination","modified":"2022-09-02T09:53:51","title":"Fox Sports Sued for Using COVID as a “Mask” for Age Discrimination","content":"Nine former workers at Fox Sports have sued the network for using COVID as a front for age discrimination. In the 21-page complaint, the workers claim that they were told to stay at home due to pandemic-related office closures and then left in limbo for over a year, not knowing whether their jobs were secure.\\nOlder Workers Sent Home and Shunned\\nAccording to a Law360 article, the nine ex-workers range from 49 to 80 years old and had worked in Fox’s graphic department for years. As a group, they had worked a total of 190 years for Fox and won Emmy Awards for their contributions to the network’s ascent. When COVID broke out, however, Fox sent these loyal workers home in the name of public health. For the next year and three months, Fox repeatedly assured them that it was working to bring them back. The plaintiffs sat dutifully by, taking the company’s reassurances at face value and passing up on other job opportunities. Meanwhile, the network hired, called back, and promoted younger employees to replace their older counterparts.\\nIn its defense, Fox claimed that it needed workers with new skill sets to accommodate changing business needs. The plaintiffs countered that the job requirements for their positions remained the same between the time they were sent home and when some employees returned to the office.\\nAftermath of the Alleged Ageism\\nThe plaintiffs further allege that Fox’s plan to eliminate older workers from its staff began even before the outbreak of the pandemic. The workers track the origins of this purported age discrimination back to 2017, when the network isolated a group of older graphic artists in a small room apart from the rest of the department, where they started to be assigned more “grunt work” and less desirable projects.\\nNatasha Chesler, who is representing the aggrieved workers, told Law360 that her clients deserved better. We forget that so much of our identity becomes tied to our jobs; its where you go every day, the same people you see, and it colors your whole world, Chesler said. To work somewhere for your whole career and be treated that way at the end, especially at a time during a global pandemic where life is already uncertain, and to have this added was an extreme blow. These are Emmy Award-winning artists who worked hard and deserve better and hopefully, we can get them some justice. \\nSeek Legal Assistance\\nIf you have faced age discrimination at work or believe you have been wrongfully terminated, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 817-9650 to schedule a free case evaluation and receive experienced legal counsel. \\nOur expert attorneys specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue or question is, please reach out for a consultation today.","excerpt":"<p>Nine former workers at Fox Sports have sued the network for using COVID as a front for age discrimination. In the 21-page complaint, the workers claim that they were told to stay at home due to pandemic-related office closures and then left in limbo for over a year, not knowing whether their jobs were secure.&hellip;</p>\\n"},{"id":11564,"path":"/blog/are-you-experiencing-disability-discrimination-in-the-workplace","slug":"are-you-experiencing-disability-discrimination-in-the-workplace","modified":"2022-09-01T18:14:31","title":"Are You Experiencing Disability Discrimination in the Workplace?","content":"&nbsp;\\n&nbsp;\\nHave you experienced disability discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; &nbsp; &nbsp; Have you experienced disability discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment&hellip;</p>\\n"},{"id":11558,"path":"/blog/walmart-sued-for-disability-discrimination","slug":"walmart-sued-for-disability-discrimination","modified":"2022-08-31T10:39:23","title":"Walmart Sued For Disability Discrimination by EEOC","content":"Once again, Walmart has found itself as a target of discrimination claims. On August 8th, the Equal Employment Opportunity Commission sued the retail giant for disability discrimation in one of its South Carolina locations. According to a press release from the agency, the lawsuit involves Walmart’s violation of the Americans with Disabilities Act (ADA) after it failed to provide reasonable accommodations to an employee with a disability. \\nLuis Quiñones, hired by Walmart as a stockperson, originally had his disability needs accommodated upon his hiring. Quiñones was allowed to use one of the store’s electric carts to perform his job duties. After seven months, however, a new manager told Quiñones that the electric carts were for customers and that he could no longer use them, despite the fact that other employees were allowed to when they had temporary injuries. Quiñones was unable to purchase his own electric cart for use. Without an electric cart, Quiñones was unable to perform his job duties, and as a result, Walmart placed him on indefinite unpaid leave. \\nDisability Discrimination Under Federal Law: The American with Disabilities Act\\nA regional attorney for the EEOC made a statement on the case saying that, “Walmart revoked a reasonable workplace accommodation that enabled Mr. Quiñones to perform the essential functions of his job despite his disability, and then failed to provide him with a reasonable alternative”. According to the EEOC, such action violates the Americans with Disabilities Act. \\nThe ADA requires that employers provide reasonable accommodation to their employees. Reasonable accommodations “enable an individual with a disability to have an equal opportunity not only to get a job, but successfully perform their job tasks to the same extent as people without disabilities”. By taking away the right to use an electric cart to one of its disabled employees, Walmart failed to provide a reasonable accommodation to Quiñones. \\nSeek Legal Assistance Today \\nHave you experienced disability-based discrimination at work? The Working Solutions Law Firm is here to help! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel. \\nExpert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Once again, Walmart has found itself as a target of discrimination claims. On August 8th, the Equal Employment Opportunity Commission sued the retail giant for disability discrimation in one of its South Carolina locations. According to a press release from the agency, the lawsuit involves Walmart’s violation of the Americans with Disabilities Act (ADA) after&hellip;</p>\\n"},{"id":11556,"path":"/blog/chipotle-workers-win-20-million-settlement-in-new-york-city-for-labor-violations","slug":"chipotle-workers-win-20-million-settlement-in-new-york-city-for-labor-violations","modified":"2022-08-29T13:16:08","title":"Chipotle Workers Win $20 Million Settlement in New York City for Labor Violations","content":"Chipotle workers in New York won a $20 million settlement from their employer for violating a series of state labor laws. The New York City Department of Consumer and Worker Protection found the make-your-own burrito company in breach of the state’s Fair Workweek law as well as Paid Safe and Sick Leave law infringements. \\nThe original suit filed, during Mayor Bill de Blasio’s tenure, initially sought $1 million in fines and restitution for about 2,600 workers. Since then, revelations about the fast-food chain’s management practices broadened and bolstered the city’s case. The final $20 million settlement is in addition to $1 million Chipotle will pay in civil penalties. A class of 13,000 hourly employees will receive $50 for every week they worked within a denoted five-year period.\\nNYC Fair Workweek Law Entitles Workers to Predictable Schedules \\nThe primary violation Chipotle is being held accountable for is flouting the Fair Workweek Law. New York City adopted the initiative in 2017, which requires employers to provide service, retail, and hospitality workers with schedules at least 14 days in advance. The law also states that current employees must be offered first priority for work shifts that become available before a business hires new people to fill them. \\nPredictability in the workplace is an issue that workers have struggled to maintain through the years of Covid. Providing workers with their work schedules ahead of time was difficult when restaurants were met with changing rules for dining. New York City’s food and service industry took a serious hit when the pandemic struck. At least 1,000 restaurants have closed since the pandemic began in March 2020. \\nIn a statement following the settlement’s announcement, city corporation counsel Sylvia Hinds-Radix said, This settlement shows that the city is committed to enforcing this local law, which improves the quality of life for workers who play a vital role in the citys economic recovery. The counsel also shared that 160 employees and the Service Employees International Union Local 32B submitted complaints against Chipotle. The $20 million settlement is a notable part of the largest fair workweek settlement in nationwide history. \\nThe court’s decision is another blow to Chipotle, which was ordered to settle a class action suit with customers who were misled to believe the chain offered free delivery. \\nContact the Working Solutions Law Firm Today!\\nAre you a service, retail, or hospitality worker who has been forced to work without proper notice? Has a manager ever denied your right to use your sick leave? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Chipotle workers in New York won a $20 million settlement from their employer for violating a series of state labor laws. The New York City Department of Consumer and Worker Protection found the make-your-own burrito company in breach of the state’s Fair Workweek law as well as Paid Safe and Sick Leave law infringements.  The&hellip;</p>\\n"},{"id":11551,"path":"/blog/is-your-work-schedule-unpredictable-contact-the-law-office-of-christopher-q-davis-today","slug":"is-your-work-schedule-unpredictable-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-08-29T13:05:10","title":"Is Your Work Schedule Unpredictable? Contact The Working Solutions Law Firm Today!","content":"Is your schedule at work unpredictable? Do your shifts ever get changed at the last minute with little notice? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Fair Workweek Laws protect employees against schedule changes that are made without required notice. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, such as discrimination, wrongful termination, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Is your schedule at work unpredictable? Do your shifts ever get changed at the last minute with little notice?  If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Fair Workweek Laws protect employees against schedule changes that are made&hellip;</p>\\n"},{"id":11546,"path":"/blog/district-judge-protects-lgbtq-employee-against-sex-based-discrimination-from-a-religious-non-profit","slug":"district-judge-protects-lgbtq-employee-against-sex-based-discrimination-from-a-religious-non-profit","modified":"2022-08-26T13:55:49","title":"District Judge Protects LGBTQ+ Employee Against Sex-Based Discrimination from a Religious Non-profit","content":"In August 2022, U.S. District Judge Catherine Blake issued a decision that reinforced the protection of LGBTQ+ rights from sex-based discrimination under Title VII of the Civil Rights Act. Doe v. Catholic Relief Services arose when Catholic Relief Services, a religious non-profit organization that focuses on humanitarian aid, refused to provide insurance coverage due to the employee’s same-sex marriage. John Doe sued CRS for discriminating against him and his husband on the basis of their sexual orientation. Judge Blake ruled in favor of Doe under the protections provided by Title VII, among other acts.\\nSex-based Discrimination in the Workplace\\nJohn Doe started working for CRS as a data analyst back in 2016. During his interview and onboarding process, Doe was told by a recruiter and a human resources employee that his husband would be covered by the CRS health care plan. Despite multiple reassurances — and after Doe and his family had already relocated to Baltimore, Maryland for the job — CRS terminated Doe’s husband’s health care coverage. According to a Law360 article, CRS did not “allow same-sex married couples to insure their spouses.” As documented in the case brief, Doe spent months trying to find an equitable solution with CRS. A senior employee, however, informed Doe that “‘some people that oversee CRS’ wanted him terminated and that if the plaintiff continued to ‘push the issue, doing so would hurt [him].’” The religious nonprofit canceled health care coverage for Doe’s husband in October 2017.\\nIn June 2018, Doe filed a claim under the EEOC against CRS for sex-based discrimination (which includes discrimination against one’s sexual orientation) and for retaliation under Title VII, the Equal Pay Act, the Maryland Fair Employment Practices Act, and the Maryland Equal Pay for Equal Work Act. In 2020, Doe sued CRS for discrimination on the basis of sex and sexual orientation, among other complaints including “breach of contract, negligent misrepresentation, and failure to pay wages under Maryland state law.”\\nProtection for LGBTQ+ Rights in the Workplace\\nTwo years later, Judge Blake found Doe’s claim of sex-based discrimination viable under Title VII and partially ruled in favor of the plaintiff. While Judge Blake dismissed some of the other counts — such as retaliation and negligent misrepresentation — her decision reinforced that Title VII does not exempt religious organizations. Created as a part of the Civil Rights Act in 1964, Title VII “prohibits employment discrimination based on race, color, religion, sex and national origin.” In this case, CRS was found to have discriminated against Doe. As Judge Blake wrote in her 23-page decision, “[w]hen CRS discriminates against a gay employee like Doe, it ‘necessarily and intentionally discriminates against the individual in part because of sex.’”\\nBesides Title VII, there are various state laws in place that protect people against sex-based discrimination in the workplace. The New York City Human Rights Law, for instance, “prohibits discrimination by most employers, housing providers, and public accommodations on the basis of gender.” Additionally, the NYC Commission on Human Rights, an agency that enforces City Human Rights Laws, also works to protect the LGBTQ+ community from workplace discrimination.\\nSeek Legal Assistance Today \\nDo you believe you have experienced sex-based discrimination or retaliation in the workplace? If so, seek legal assistance from employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Our employment lawyers specialize in many areas of the law. Whatever your employment issue is, please reach out for a consultation today. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In August 2022, U.S. District Judge Catherine Blake issued a decision that reinforced the protection of LGBTQ+ rights from sex-based discrimination under Title VII of the Civil Rights Act. Doe v. Catholic Relief Services arose when Catholic Relief Services, a religious non-profit organization that focuses on humanitarian aid, refused to provide insurance coverage due to&hellip;</p>\\n"},{"id":11432,"path":"/blog/working-solutions-nyc-announces-class-action-against-grocery-delivery-service-for-alleged-unpaid-wages-and-overtime","slug":"working-solutions-nyc-announces-class-action-against-grocery-delivery-service-for-alleged-unpaid-wages-and-overtime","modified":"2022-08-25T20:05:53","title":"Working Solutions NYC Announces Class Action Against Grocery Delivery Service for Alleged Unpaid Wages and Overtime","content":"August 5, 2022  New York, NY. Working Solutions NYC, a team of employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is announcing a class action against grocery delivery service firm, Getir, for failing to pay packers and other in-store personnel for worked lunch breaks and necessary pre-shift work, among other violations.\\nWorkers have extensive rights to earned wages and overtime pay under New York state law, explained Chris Q. Davis, managing partner at the law firm. Our law firms action extends to Getir employees in New York City, Boston, and Chicago. All current and former Getir packers and in-store employees are eligible to join.\\nPersons who would like to read the complaint, can visit /media/Complaint-Brooks-et-al-v.-Getir.pdf. Those who want to read a summary can visit https://www.workingsolutionsnyc.com/firm-files-class-action-lawsuit-against-grocery-delivery-service-getir-for-wage-violations/.\\nThose who want to learn more are referred to a the online magazine, Insider, which wrote a piece on the company. The magazine reported on the lawsuit and Getirs history of employing unfair and sketchy pay practices. The article explains how Getir has altered the way it pays its employees and tracks their hours multiple times, resulting in confusion and errors.\\nUNPAID WAGES AND OVERTIME\\nBeyond this particular case, issues of unpaid wages and overtime are more common than one might think in New York state. Employees who believe that they are owed wages, however, can take steps to protect their rights. First, they can read up on issues of unpaid wages and overtime in New York City (NYC), and New York more generally. A good place to start is the law firms page on unpaid wages and overtime. Second, they can reach out for a confidential attorney consultation. Third, working with an attorney, employees can decide what the next best steps are. Any employee who feels that they are being taken advantage of is encouraged to reach out for a confidential consultation at https://www.workingsolutionsnyc.com/contact-2/. Media representatives can reach out to Chris Q. Davis for further commentary and insights at that website address as well.\\nABOUT WORKING SOLUTIONS NYC\\nWorking Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>August 5, 2022 &#8211; New York, NY. Working Solutions NYC, a team of employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is announcing a class action against grocery delivery service firm, Getir, for failing to pay packers and other in-store personnel for worked lunch breaks and necessary&hellip;</p>\\n"},{"id":11516,"path":"/blog/are-you-facing-sex-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-facing-sex-discrimination-at-work-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-08-25T09:56:48","title":"Are You Facing Sex Discrimination At Work? Contact The Working Solutions Law Firm Today!","content":"Are you facing discrimination based on your sex in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. You can call us today at (646) 970-9482 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including workplace discrimination, FMLA, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you facing discrimination based on your sex in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. You can call us today at (646) 970-9482 to schedule a free case evaluation and receive experienced legal counsel. Our&hellip;</p>\\n"},{"id":11517,"path":"/blog/does-your-employer-owe-you-wages","slug":"does-your-employer-owe-you-wages","modified":"2022-08-24T11:10:28","title":"Does Your Employer Owe You Wages?","content":"","excerpt":""},{"id":11506,"path":"/blog/tesla-drives-away-attempts-to-fix-culture-of-discrimination","slug":"tesla-drives-away-attempts-to-fix-culture-of-discrimination","modified":"2022-08-24T08:25:25","title":"Tesla Drives Away Attempts to Fix Culture of Discrimination","content":"During its annual shareholder meeting, Tesla shut down several investor proposals aimed at improving an allegedly “toxic” work culture grounded in discrimination and harassment. Preliminary results from the meeting indicate that of the eight investor resolutions on the agenda, only one will survive opposition from Tesla. Three of the aborted resolutions sought to reduce racial and gender discrimination in the workplace while making Tesla’s board of directors more diverse. The sole surviving resolution is less radical; it will enable large shareholders to nominate alternate board members — a practice that is already common among large corporations.\\nAccording to a New York Times article, Tesla CEO Elon Musk remained silent on shareholder criticism when he spoke at the close of the meeting. Instead, he announced that Tesla had recently solidified its profitability and produced its three millionth vehicle.\\nA Checkered History of Employee Mistreatment \\nEarlier this summer, Tesla was hit with a string of lawsuits from investors and employees alike, claiming that the company had breached its fiduciary duty by creating an environment conducive to racial discrimination and sexual harassment. These allegations echoed similar complaints in a suit filed by California’s Department of Fair Employment and Housing earlier this year. According to one investor, Teslas toxic workplace culture has caused financial harm and irreparable damage to the companys reputation.” \\nA Resolution on Employee Discrimination Complaints\\nOne of the proposals considered at Tesla’s meeting seeks a review of the impact of mandatory arbitration on the ubiquity of employee discrimination complaints. Tesla currently requires employees to resolve complaints of discrimination and sexual harassment before an arbitrator rather than in court. Kristin Hull, CEO of Nia Impact Capital, maintains hope that the resolution reviewing this policy will pass this year in the context of the increased scrutiny surrounding Tesla’s treatment of employees.\\nIf history repeats itself, however, this possibility will not come to fruition. According to a Bloomberg article, shareholder activists have been unsuccessful thus far in calls for greater transparency about Tesla’s use of mandatory arbitration to address claims of sexual harassment and racial discrimination. Whether Tesla will ultimately prevail over its activist investors proposals therefore remains to be seen.\\nSeek Legal Assistance Today \\nHave you been the victim of racial discrimination or sexual harassment in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Call us at (201) 801-5103 to schedule a free case evaluation and receive expert legal counsel.\\nOur employment lawyers specialize in various areas of the law, including FMLA and unpaid wages and overtime. If you are facing any employment issue, please reach out for a consultation today.","excerpt":"<p>During its annual shareholder meeting, Tesla shut down several investor proposals aimed at improving an allegedly “toxic” work culture grounded in discrimination and harassment. Preliminary results from the meeting indicate that of the eight investor resolutions on the agenda, only one will survive opposition from Tesla. Three of the aborted resolutions sought to reduce racial&hellip;</p>\\n"},{"id":11502,"path":"/blog/home-health-care-agency-and-staffing-firm-expected-to-pay-2-5-million-for-overtime-wage-violations","slug":"home-health-care-agency-and-staffing-firm-expected-to-pay-2-5-million-for-overtime-wage-violations","modified":"2022-08-23T07:02:34","title":"Home Health Care Agency and Staffing Firm Expected to Pay $2.5 Million for Overtime Wage Violations","content":"Earlier this month, U.S. District Judge Christy Criswell Wiegand delivered a decision that found a home care agency and a staffing firm guilty of collaborating to withhold overtime wages. The suit, which was filed by the Department of Justice (DOJ) in 2019, accused Elder Resource Management Inc. and Staff Source Inc. of dividing their workers’ hours between each other to circumvent their payment responsibilities, which is outlined in the Fair Labor Standards Act. According to a Law360 article, Judge Wiegand concluded the bench trial and ordered the firms to pay close to “$2.5 million in unpaid wages and liquidated damages” to the affected employees. \\nOvertime Wage Violations Committed by Elder Resource Management and Staff Source \\nIn his decision, Judge Wiegand wrote that the two accused parties created a scheme in which they unlawfully split the paychecks of employees who worked entirely under Elder Resource Management to avoid compensating for overtime hours. Both entities provided separate paychecks which frequently accounted only for “straight time hours that should have earned time-and-a-half” pay. Judge Wiegand’s conclusion, in part, was based on the discovery that Staff Source was not an independent organization but one that operated under Elder Resource Management. Employees of Elder Resource Management testified in March, stating that they were unaware of Staff Source’s existence until they received paychecks and W-2s from the staffing firm. \\nThe article notes that Staff Source shared the home healthcare agency’s “hiring practices and procedures” and “received nearly of its revenue” from the company since it was established in 2014. Judge Wiegand concluded that Staff Source operated as an agent for Elder Resource Management so that the company could forgo legal responsibilities to provide minimum wage and overtime pay to workers — both of which are required under FLSA and the Home Care Rule. Under that rule, as instituted by the Department of Labor, “previously exempt workers who provided companionship services or home-based care” are also extended FLSA rights. As a result, both companies were … \\nFederal and State Laws on Overtime Wages \\nIn a statement provided by Adam Welsh of the Department of Labor, Judge Wiegand’s ultimate decision “sends [an] important message” and serves as a warning to home health care agencies who attempt to violate wage laws and provide inadequate pay to their employees. Federal laws protect workers from wage violations in the workplace. Under the FLSA, employees are entitled to receive overtime pay for any hours worked over 40 per workweek at a “rate not less than one and a half times the regular rate of pay.” Several states — including New York and New Jersey — acknowledge and uphold this law. \\nSeek Legal Assistance Today \\nIf you believe your employer has withheld or refused to pay your rightfully earned wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Earlier this month, U.S. District Judge Christy Criswell Wiegand delivered a decision that found a home care agency and a staffing firm guilty of collaborating to withhold overtime wages. The suit, which was filed by the Department of Justice (DOJ) in 2019, accused Elder Resource Management Inc. and Staff Source Inc. of dividing their workers’&hellip;</p>\\n"},{"id":11498,"path":"/blog/are-you-experiencing-sexual-harassment-in-the-workplace","slug":"are-you-experiencing-sexual-harassment-in-the-workplace","modified":"2022-08-18T14:32:55","title":"Are You Experiencing Sexual Harassment in the Workplace?","content":"&nbsp;\\n&nbsp;\\nHave you experienced sexual harassment in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; &nbsp; &nbsp; Have you experienced sexual harassment in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment&hellip;</p>\\n"},{"id":11487,"path":"/blog/honda-sued-for-overtime-pay-following-cyberware-attack","slug":"honda-sued-for-overtime-pay-following-cyberware-attack","modified":"2022-08-18T13:19:47","title":"Honda Sued for Overtime Pay Following Cyberware Attack","content":"Honda worker, Brandon Whatley, has filed a class action lawsuit against the automaker for unpaid overtime wages. Whatley claims that he did not receive overtime compensation after a cyberattack on workforce management company, Kronos, impacted Honda’s timekeeping system. According to an article on Law360, Whatley seeks to represent all former and current nonexempt employees in Alabama who worked at the company between the occurrence of the cyberattack on December 11 to the time Honda resumed normal timekeeping using Kronos software. \\nAllegations of Lost Overtime Pay\\nWhile Kronos was scrambling to regain system functionality, many employers lost access to data on employees’ worked hours. In a 14-page complaint, Whatley alleges that service disruption prevented Honda from tracking hours accurately for its employees. Instead, Honda paid workers based on “arbitrary considerations” or estimates of time or pay. Consequently, Whatley and other nonexempt employees were underpaid for the hours they worked during the week, including overtime.\\nWhatley claims to have worked approximately 55 hours per week at Honda since the onset of the disruption in Kronos’ services. He alleges that Honda failed to pay him his earned overtime wages — an amount equal to 1.5 times his regular pay rate — during the weeks following the outage.\\nThe suit highlights that “Honda pushed the effects of the Kronos outage onto the backs of its most economically vulnerable workers, making sure that it kept the money it owed to those employees in its own pockets, rather than take steps to make sure its employees were paid on time and in full for the work they did.” \\nThe Aftermath of the Kronos Attack\\nA corporate spokesman for Honda shared that addressing the repercussions of the cyberware attack is still an ongoing effort: “While we have worked to compensate associates for amounts owed as a result of the Kronos outage, due to the complexity of the timekeeping measures that were required to be used during the outage, we continue to work to reconcile and resolve outstanding concerns.” \\nHonda is not alone in facing litigation as a result of the Kronos attack. According to AL.com, employees at Tesla, PepsiCo, and the New York Metropolitan Transit Authority have also filed similar lawsuits.\\nFederal and State Laws on Overtime Regulations \\nThere are federal and state laws that protect individuals from wage violations in the workplace. According to the FLSA, employees are entitled to receive overtime pay for any hours worked over 40 per workweek at a “rate not less than one and a half times the regular rate of pay.” Several states, including New York and New Jersey, acknowledge and uphold this law. Both state and federal regulations regarding overtime pay are in place to prohibit employers from refusing to pay their employees their rightfully earned wages. \\nSeek Legal Assistance\\nHas your employer withheld your overtime pay? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment attorneys are experts in various areas of the law, including FMLA land unpaid wages and overtime. Please reach out for a consultation today to get your questions answered and your concerns addressed!","excerpt":"<p>Honda worker, Brandon Whatley, has filed a class action lawsuit against the automaker for unpaid overtime wages. Whatley claims that he did not receive overtime compensation after a cyberattack on workforce management company, Kronos, impacted Honda’s timekeeping system. According to an article on Law360, Whatley seeks to represent all former and current nonexempt employees in&hellip;</p>\\n"},{"id":11490,"path":"/blog/class-action-suit-to-proceed-for-drivers-misclassified-in-illinois","slug":"class-action-suit-to-proceed-for-drivers-misclassified-in-illinois","modified":"2022-08-17T09:20:06","title":"Class Action Suit to Proceed for Drivers Misclassified in Illinois","content":"When employees work more than 40 hours in a week, they are entitled to time and a half pay for overtime wages. This is a law recognized under the Fair Labor Standards Act, which protects workers from exploitative labor practices of history. The FLSA establishes a federal minimum wage, ensures sick leave, and sets child labor standards amongst other legal rights for workers. It is one of the most influential pieces of legislation affecting employee compensation in the country. \\nIndependent contractors do not receive benefits under the FLSA. While they may enjoy greater control over their schedule and physical operations, contract workers are not afforded traditional workplace securities. Contractors may be abruptly terminated without cause, are not guaranteed a minimum wage, and do not receive overtime, sick leave, or vacation pay. They are also liable for their own safety. Although independent contract work may be desirable for personal reasons, it is also a lucrative alternative for employers who wish to limit investment in worker protections. \\nTruck Drivers in Illinois\\nA group of Illinois truck drivers accused Bosman Trucking Inc of misclassifying them as independent contractors and denying them overtime pay. The drivers were recently granted certification to bring a class action lawsuit against their employer. \\nThe class will include drivers who were classified as independent contractors, drivers who were only paid straight time wages for workweeks that exceeded 40 hours, and individuals who were “treated as exempt from overtime requirements because of the Motor Carrier Act exemption.” \\nThe Legal Difference Between Contractors and Employees\\nIndependent contractors are responsible for their own safety while working. They are not eligible for workers’ compensation or covered by the Occupational Safety and Health Administration if they are injured while on the job.\\nThe Motor Carrier Act carves out overtime exemptions in the Fair Labor Standards Act. It withholds overtime pay from drivers who, like independent contractors, are responsible for their own operations, and namely, safety management. The exemption applies only to individuals whose job duties “must include the performance either regularly or from time to time, of safety-affecting activities on a motor vehicle used in transportation on public highways in interstate or foreign commerce. Employees must perform such duties as a driver, driver’s helper, loader, or mechanic.” The exemption does not apply to “commercial garages, firms engaged in the business of maintaining and repairing motor vehicles owned and operated by carriers, or firms engaged in the leasing and renting of motor vehicles to carriers.” \\nMisclassifying workers is a pernicious issue. Independent contractors, as an employment structure, are significantly different from traditional employees. The forthcoming class action case will expound on contractors’ vulnerability to financial abuse and spotlight the benefits traditional employees are entitled to receive.\\nContact the Working Solutions Law Firm Today\\nHave you been denied overtime wages at your job even after working 40 hours? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>When employees work more than 40 hours in a week, they are entitled to time and a half pay for overtime wages. This is a law recognized under the Fair Labor Standards Act, which protects workers from exploitative labor practices of history. The FLSA establishes a federal minimum wage, ensures sick leave, and sets child&hellip;</p>\\n"},{"id":11479,"path":"/blog/american-chicken-processors-sued-for-unlawful-wage-fixing","slug":"american-chicken-processors-sued-for-unlawful-wage-fixing","modified":"2022-08-15T19:47:00","title":"American Chicken Processors Sued for Unlawful Wage-Fixing","content":"It is no secret that Americans love chicken. Chicken is the most popular protein in the country, and the American chicken industry is the largest in the world. Producing such a popular product has led some poultry processors to engage in unlawful behavior to maximize their profits at the expense of their employees. In July, the Justice Department filed suit against three poultry processors and a data consulting firm. The lawsuit alleges that the chicken processing companies engaged in “wage-fixing”, a process that involves conspiring to share information about employee compensation with one another to keep wages low. \\nThe lawsuit has wide reach and involves some of the nation’s most dangerous workplaces. According to the New York Times, the three companies charged in the lawsuit —Cargill, Sanderson Farms, and Wayne Farms— employ more than 90% of the poultry processing workers in the United States. Poultry plants are some of the most unsafe places to work in the country. Vox News reports that due to the crowded and fast-paced nature of the work, “workers in animal slaughter and production face higher rates of injury than coal miners or construction workers.”\\nWhat is Wage-Fixing?\\nAccording to the Justice Department’s complaint, the unlawful activities conducted by the poultry giants involved collaborating with one another to determine worker wages and benefits. Instead of lawfully competing with one another to provide the most competitive market wage, the poultry processors engaged in a wage-fixing scheme. Information shared with each other and a third-party data firm allowed poultry processors to map out their competitor’s budgets and wages at individual plants around the country. With this knowledge, each processor was able to set its own employees’ wages accordingly. \\nBy obtaining information about their competitors’ wages, poultry processors could reduce costs by setting wages lower than what they would be without insider information. According to the Justice Department’s complaint, “the agreement to collaborate on compensation decisions and exchange information had the tendency and effect of suppressing competition for poultry processing workers and thereby suppressing these workers’ compensation.” \\nAnticompetitive Behavior and Workers’ Rights\\nIn the case against Cargill, Sanderson Farms, and Wayne Farms, the Justice Department claims that the wage-fixing behavior of the poultry processors violates the Sherman Act, an antitrust law traditionally used to regulate commerce and competition. More recently, the Justice Department has appeared keen to utilize antitrust law in order to fight employers who have colluded to suppress workers’ wages. This application of antitrust law to bring criminal charges for wage-fixing is still new and developing. In April 2022, defendants in a separate wage-fixing case in Texas attempted to convince the jury that such an agreement with their competitors did not exist. Importantly, however, the court rejected motions to dismiss the antitrust charges, validating the use of antitrust law to protect workers’ rights. \\nSeek Legal Assistance Today \\nIf you believe your employer has made unlawful arrangements with competitors, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 791-4140 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>It is no secret that Americans love chicken. Chicken is the most popular protein in the country, and the American chicken industry is the largest in the world. Producing such a popular product has led some poultry processors to engage in unlawful behavior to maximize their profits at the expense of their employees. In July,&hellip;</p>\\n"},{"id":11475,"path":"/blog/are-you-subjected-to-unlawful-labor-practices-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-subjected-to-unlawful-labor-practices-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-08-15T17:55:56","title":"Are You Subjected To Unlawful Labor Practices? Contact The Working Solutions Law Firm Today!","content":"Are you subjected to unlawful labor practices in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. You can call us today at (646) 970-9482 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including workplace discrimination, FMLA, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Are you subjected to unlawful labor practices in your workplace? If so, contact the employment lawyers at the Working Solutions Law Firm for legal assistance, located in New York City and in Livingston, New Jersey. You can call us today at (646) 970-9482 to schedule a free case evaluation and receive experienced legal counsel.&hellip;</p>\\n"},{"id":11459,"path":"/blog/chicken-farmers-accuse-perdue-farms-inc-of-misclassifying-employees-as-contract-workers","slug":"chicken-farmers-accuse-perdue-farms-inc-of-misclassifying-employees-as-contract-workers","modified":"2022-08-15T09:03:02","title":"Chicken Farmers Accuse Perdue Farms Inc. of Misclassifying Employees as Contract Workers","content":"There is no standard test to differentiate independent contractors from traditional employees. However, a number of common laws attempt to draw a line between the two employment classes. A Georgia federal court plans to consider the distinctions that define a self-employed worker in a case against Perdue Farms Inc. \\nContracted chicken farmers allege that their employer exerted excess control over their daily operations and maintenance while raising flocks for the poultry company. Roger Parker, a chicken farmer, believes that he and other farmers were misclassified as contract workers. Parker believes this to be a part of a nefarious scheme to deny the workers their rightfully earned wages. \\nGrowers are often unable to make enough money for basic living expenses under the compensation scheme that Perdue has designed, indicating that Perdues growers are often paid less than the minimum wage for their time worked, Parker said in a statement. He proposed a class action lawsuit against the poultry company to reclaim the affected farmers’ unpaid and overtime wages. \\nIndependent Contractor or Employee? \\nThere are several rules the government uses to distinguish between independent contractors and traditional employees. One common law states that “A worker is an employee when the business has the right to direct and control the worker.” \\nA critical aspect of this common law pertains to the instructions a worker must follow while on the job. For instance, employees are required to use the equipment a company provides to fulfill a job duty. Independent contractors, however, are expected to supply their own tools. \\nIn his complaint, Parker states that Perdue Farms Inc. did not allow farmers to utilize their own chicken housing facilities. The company allegedly ordered farmers to construct preferred “grow houses” that could hold thousands of chickens at a time. Parker claims that the company mandated expensive upgrades to be built “according to exacting, company-issued standards.” \\nMany farmers took out personal loans to build these facilities and preserve their relationship with Perdue. Even after a farmer constructed coop expansions, their position at the company was still threatened if they did not regularly update facilities to Perdue’s standards. Perdue required its supervisors to conduct regular inspections. \\nThe Case for Contracted Farmers\\nIn their proposed class action, farmers are attempting to gain employee status and Fair Labor Standards Act protections. This would guarantee benefits like a federal minimum wage and general reimbursements, as well as, overtime pay. In this particular matter, Perdue Farms Inc. will have to prove that they allowed farmers to work as contractors without excess control.\\nAlthough the gig economy has become a popular alternative to traditional employment, the structure is less robust. Independent contractors are considered at-will workers and can be terminated at any time. All people, however, regardless of employment status are protected against the consequences of unjust misclassification, discrimination, and harassment.\\nContact the Working Solutions Law Firm\\nHave you been misclassified at your job? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>There is no standard test to differentiate independent contractors from traditional employees. However, a number of common laws attempt to draw a line between the two employment classes. A Georgia federal court plans to consider the distinctions that define a self-employed worker in a case against Perdue Farms Inc. Contracted chicken farmers allege that their&hellip;</p>\\n"},{"id":11464,"path":"/blog/esri-settles-pay-discrimination-lawsuit-with-the-department-of-justice","slug":"esri-settles-pay-discrimination-lawsuit-with-the-department-of-justice","modified":"2022-08-11T20:41:28","title":"Esri Settles Pay Discrimination Lawsuit with the Department of Justice","content":"Esri, a digital mapping and analytics company based in Redlines, California, agreed to pay $2.3 million settlement in a discrimination lawsuit. The Department of Justice (DOJ) sued the tech company in 2017 following allegations that Esrii paid its female employees less than their male counterparts. \\nAfter a year-long investigation, the DOJ found that Esri systematically “discriminated against 143 female software development engineers and 33 female quality assurance engineers.” Esri responded to the DOJ’s pay discrimination allegations by accepting an Early Resolution Agreement — an act that allows thecontractor in question to willingly enter directly into a “conciliation agreement.”Additionally, the company pledged to review its compensation policies, offer substantive training to its employees, and institute annual reviews of its pay policies.\\nEsri’s Response to Allegations of Pay Discrimination against its Female Workers \\nAccompanying the payment of $2.3 million in back wages to rectify the unpaid wages of the 176 women named in the suit, Esri has also agreed to pay additional interest. Jenny R. Yang, a director at the Office of Federal Contract Compliance Programs (OFCCP), commented on the issue stating, “federal contractors must conduct annual pay equity audits” to accurately assess their compensation policies and to “remedy unjustified pay gaps.”\\nAlthough pay discrimination is illegal at the federal level and in various states, it remains prevalent issue in several other tech companies. According to an article published on HRDIVE, a survey conducted in 2020 revealed that tech companies “offered men higher salaries for the same job 63% of the time.” 57% of men negotiated to increase their initial salaries more than that of 50% of women. The survey also found that women were often unaware of the existing pay gap due to the lack of salary transparency in the workplace. Few women who did decide to bring the issue forth were more unsuccessful than their male counterparts. \\nFederal and State Laws on Equal Pay for Men and Women in the Workplace \\nDespite the unfavorable statistics, it is pivotal to note that any form of discrimination is prohibited in the workplace. Several laws are in place to ensure that men and women are treated equally. Namely, Title VII of the Civil Rights Act of 1964 protects employees from employment discrimination on the basis of gender, race, color, religion, sex, sexual orientation, and national origin. Furthermore, The Equal Right Act requires that men and women receive “equal pay for equal work.” The DOJ also implemented Executive Order 11246 which prohibits workplace discrimination by federal contractors. Several states, including New York and New Jersey, acknowledge and uphold these laws.\\nSeek Legal Assistance Today \\nIf you believe your employer has retaliated against you, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Esri, a digital mapping and analytics company based in Redlines, California, agreed to pay $2.3 million settlement in a discrimination lawsuit. The Department of Justice (DOJ) sued the tech company in 2017 following allegations that Esrii paid its female employees less than their male counterparts.  After a year-long investigation, the DOJ found that Esri systematically&hellip;</p>\\n"},{"id":11456,"path":"/blog/are-you-a-victim-of-gender-discrimination-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-a-victim-of-gender-discrimination-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-08-10T19:01:25","title":"Are You A Victim Of Gender Discrimination? Contact The Working Solutions Law Firm Today!","content":"Are you a victim of gender discrimination in your workplace? If yes, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. You can contact us today at (646) 970-9482 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including workplace discrimination, FMLA, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Are you a victim of gender discrimination in your workplace? If yes, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. You can contact us today at (646) 970-9482 to schedule a free case evaluation and receive experienced legal counsel. Our&hellip;</p>\\n"},{"id":11451,"path":"/blog/have-you-been-wrongfully-terminated-contact-the-law-office-of-christopher-q-davis-today","slug":"have-you-been-wrongfully-terminated-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-08-09T15:54:12","title":"Have You Been Wrongfully Terminated? Contact The Working Solutions Law Firm Today!","content":"Has your employer wrongfully terminated you? Unlawful and wrongful termination occurs when an employee is fired due to their race, religion, gender, disability status, or membership in another protected category.\\n If you believe you are the victim of wrongful termination, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Has your employer wrongfully terminated you? Unlawful and wrongful termination occurs when an employee is fired due to their race, religion, gender, disability status, or membership in another protected category. If you believe you are the victim of wrongful termination, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in&hellip;</p>\\n"},{"id":11447,"path":"/blog/female-whistleblower-fired-from-the-new-yorker-after-calling-out-workplace-inequity","slug":"female-whistleblower-fired-from-the-new-yorker-after-calling-out-workplace-inequity","modified":"2023-03-14T16:20:23","title":"Female Whistleblower Fired from the New Yorker After Calling Out Workplace Inequity","content":"On July 25, 2022, Erin Overbey — a former archives editor at the New Yorker — took to Twitter to share news of her termination from the magazine. Overbey, who had previously spoken up about gender and race inequity within her work environment, was placed on “performance review” shortly after bringing up such issues. Less than a week later, she was terminated.\\nRacial Inequality and Gender Disparity\\nOverbey has a history of being an outspoken critic regarding racism in the magazine industry. Last September, she used her platform on Twitter to directly criticize the New Yorker and the lack of diversity in her work field. In the lengthy Twitter thread, she writes, “White people are rarely actively racist at these publications. They simply never bother to challenge the status quo.” She places her then-magazine on the hot seat by tweeting the New Yorker’s diversity ratios, illustrating the scarce representation of authors of color in the publication. \\nAs a self-proclaimed “female whistleblower,” Overbey also openly criticized issues of sexism that she alleged existed within the culture of the New Yorker and the publication industry. On July 19, 2022, she took to Twitter again to share the sexism she endured firsthand. She tweeted, “Several yrs ago, when my @NewYorker newsletter hit a 70%+ unique open rate… I noted this accomplishment to a male icon of journalism. I was pleased by this feat &amp; thought he would be, too. Instead, he turned to me &amp; said, ‘Now don’t get cocky!’” Overbey went on to describe how this encounter would be uniquely understood by women, who are often told to downplay their professional accomplishments — something their male counterparts do not have to deal with. \\nPotential Retaliation in the Workplace\\nLess than a week after Overbey brought up accusations of gender disparity against the Condé Nast-owned weekly, her tenure as an archives editor for over two decades at the magazine was terminated. According to a New York Post article written by Ariel Zilber and Alexandra Steigard, a source shared that Overbey was terminated for a “‘pattern of conduct’ that was deemed ‘disruptive to the operation of the Company’ and which ‘undermines the journalistic ethics of our magazine.’” The article also noted that Overbey was disciplined for “self-plagiarism.”\\nAfter her termination, Overbey used Twitter to speak out, accusing her former editor-in-chief, David Remnick, of purposely adding errors into her work. She further tweeted, “I was informed that having ‘stylistic disagreements’ with an editor is a sign of disrespect. I had not been aware of this.” Overbey highlights how coincidental it seemed for the magazine to put her on performance review immediately after she raised concerns about gender inequity. She plans to speak with her union about filing a grievance for the termination. \\nIn her long chain of tweets, she asserts, “Whenever you raise concerns, criticisms, or alarms about one of the most powerful institutions in the media, they will use every tool at their disposal to oppose you. That is their prerogative… But I will defend myself in the strongest of terms.” \\nSeek Legal Assistance Today \\nDo you believe you have experienced sexism or retaliation in the workplace? If so, seek legal assistance from employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Our employment lawyers specialize in many areas of the law. Whatever your employment issue is, please reach out for a consultation today. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>On July 25, 2022, Erin Overbey — a former archives editor at the New Yorker — took to Twitter to share news of her termination from the magazine. Overbey, who had previously spoken up about gender and race inequity within her work environment, was placed on “performance review” shortly after bringing up such issues. Less&hellip;</p>\\n"},{"id":11438,"path":"/blog/former-vice-president-at-jpmorgan-files-retaliation-suit","slug":"former-vice-president-at-jpmorgan-files-retaliation-suit","modified":"2022-08-05T20:23:59","title":"Former JPMorgan Vice President Files Retaliation Suit","content":"Former JPMorgan Bank NA compliance attorney, Shaquala Williams, filed a retaliation lawsuit against the company in the New York Southern District court. Williams, who joined the company in July 2018 as vice president, was allegedly terminated from the company after raising concerns about multiple compliance failures. \\nAccording to an article published on Law360, JPMorgan initially requested a motion for summary judgment claiming that Williams’ termination resulted from her poor work performance and behavior. This was rejected by U.S. District Judge, Jed S. Rakoff, who instead ordered a trial to begin in November. Judge Rakoff did, however, dismiss William’s post-employment allegations.\\nWilliam’s Complaints and JPMorgan’s Response \\nAfter raising issues regarding the bank’s compliance failures, Williams claims that she received a “poor work performance review and written warning.” The warnings allegedly stated that Williams could be terminated if she did not make immediate professional improvements. Not only were her managers neglectful of her complaints, but Williams also argues that the company’s ultimate decision to fire her violated the “whistleblower retaliation provisions of the Sarbanes-Oxley Act.” Williams shared that following her termination from the bank, she received a job offer at the New York Attorney General’s office. A staff member attempted to contact JPMorgan, but the bank refused to provide information about her employment at the company. Consequently, Williams’ offer was rescinded.  \\nWhile JPMorgan has yet to comment on the ruling, the bank initially countered these allegations expressing that Williams’ termination was not related to her complaints but to her professional conduct. Furthermore, they alleged to have launched a lengthy investigation to examine the problems brought forth by Williams. This is not the first corruption lawsuit JPMorgan has encountered. The bank settled a $264 million suit with the SEC, U.S. Department of Justice, and the Federal Reserve in 2016 after being accused of infringing the Foreign Corrupt Policies Act. \\nFederal and State Laws on Workplace Retaliation \\nEmployees should not be punished for reporting violations or engaging in legally protected activity. For this reason, there are federal and state laws that are in place to protect employees from retaliation within the workplace. The U.S. Equal Employment Opportunity Commission prohibits employers from retaliating against their employees for any reason listed as a “protected activity.” In particular, it is unlawful for an employer to retaliate against an employee for filing or participating in a claim, lawsuit, or investigation. Many states, including New York and New Jersey, uphold and implement this law. \\nSeek Legal Assistance Today \\nIf you believe your employer has retaliated against you, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Former JPMorgan Bank NA compliance attorney, Shaquala Williams, filed a retaliation lawsuit against the company in the New York Southern District court. Williams, who joined the company in July 2018 as vice president, was allegedly terminated from the company after raising concerns about multiple compliance failures.  According to an article published on Law360, JPMorgan initially&hellip;</p>\\n"},{"id":11435,"path":"/blog/are-you-experiencing-retaliation-in-the-workplace","slug":"are-you-experiencing-retaliation-in-the-workplace","modified":"2022-08-04T19:41:18","title":"Are You Experiencing Retaliation in the Workplace?","content":"Have you experienced retaliation in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you experienced retaliation in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers specialize in many&hellip;</p>\\n"},{"id":11412,"path":"/blog/are-you-facing-pregnancy-discrimination-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-facing-pregnancy-discrimination-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-08-03T11:04:10","title":"Are You Facing Pregnancy Discrimination In Your Workplace? Contact The Working Solutions Law Firm Today!","content":"Has your employer ever discriminated against you for being pregnant or having a child? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Has your employer ever discriminated against you for being pregnant or having a child? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. &hellip;</p>\\n"},{"id":11384,"path":"/blog/new-mom-denied-a-serviceable-lactation-room-sues-walmart-for-discrimination","slug":"new-mom-denied-a-serviceable-lactation-room-sues-walmart-for-discrimination","modified":"2022-08-03T10:29:08","title":"New Mom Denied a Serviceable Lactation Room, Sues Walmart for Discrimination","content":"On July 7th, Florida resident Kyla Alegata filed suit against Walmart in federal court. After giving birth in the middle of the pandemic, the 21-year old mother found her employer to be inconsiderate of her needs as a new working mother. Alegata alleges that Walmart failed to provide pregnancy-related accommodations after her child’s birth in May 2020, and harassed her while she attempted to pump breast milk. She was ultimately fired in January of 2021 after she pointed out that the company’s actions violated federal law. \\nSex and Pregnancy Discrimination in the Workplace\\nAccording to The Washington Post, the lawsuit accuses Walmart of sex/pregnancy discrimination and retaliation, and paints the grisly details of Alegata’s experience as a deli and bakery worker needing to pump milk in the workplace. At work, Alegata found that the room designated for breast-feeding was often locked, forcing her to wait up to an hour for management to allow her inside. Inside the lactation room, other male employees were allowed to work on their laptops, creating an uncomfortable environment for the mother to express milk. After a doctor’s note requesting more reasonable accommodations was rejected by her deli manager, Alegata escalated the issue to the general manager. Two days later, she was fired. \\nAlegata’s difficult experience at Walmart illustrates just some of the ways that the pandemic has added additional strain to the lives of working mothers. The Pew Research Center reports that working mothers were more likely to have been “experiencing professional hurdles” than working fathers, and “treated as if they weren’t committed to their work because they have children” during the pandemic. According to Business Insider, Alegata claims that Walmart violated the Civil Rights Act of 1964 and the Pregnancy Discrimination Act when they denied her accommodation request and fired her. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. Furthermore, the Pregnancy Discrimination Act adds explicit protections for “women affected by pregnancy, childbirth, or related medical conditions.”\\nWalmart’s History of Sex Discrimination\\nA Walmart spokesperson commented on the lawsuit, stating that the termination was “for excessive absences that were unrelated to any breaks or protected activity.” Yet, the company is no stranger to accusations of sex discrimination. Earlier this year, Walmart was sued in a separate case involving an Iowa store where it was accused of providing a Black female employee with an unsanitary lactation space and failing to promote her because she had a newborn. In 2020, the company paid $20 million in order to settle a case that claimed Walmart’s physical hiring tests disproportionately excluded women from grocery filler positions. The pandemic was an extraordinarily difficult time, but difficult times should never be a reason for companies to discriminate against their employees.\\nSeek Legal Assistance Today \\nHave you experienced pregnancy or sex discrimination at work? The Working Solutions Law Firm is here to help! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 453-5878 to schedule a free case evaluation and receive experienced legal counsel. \\nExpert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>On July 7th, Florida resident Kyla Alegata filed suit against Walmart in federal court. After giving birth in the middle of the pandemic, the 21-year old mother found her employer to be inconsiderate of her needs as a new working mother. Alegata alleges that Walmart failed to provide pregnancy-related accommodations after her child’s birth in&hellip;</p>\\n"},{"id":11407,"path":"/blog/are-you-facing-retaliation-for-taking-sick-leave-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-facing-retaliation-for-taking-sick-leave-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-08-02T11:37:12","title":"Are You Facing Retaliation For Taking Sick Leave? Contact The Working Solutions Law Firm Today!","content":"Are you facing retaliation from your employer for taking sick leave related to COVID-19? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. You can contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including retaliation, FMLA, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Are you facing retaliation from your employer for taking sick leave related to COVID-19? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. You can contact us today at (646) 430-7930 to schedule a free case evaluation and&hellip;</p>\\n"},{"id":11400,"path":"/blog/quarantine-concerns-as-paid-sick-leave-protections-expire","slug":"quarantine-concerns-as-paid-sick-leave-protections-expire","modified":"2022-08-01T20:34:54","title":"Quarantine Concerns as Paid Sick Leave Protections Expire","content":"The persistence of the COVID-19 coronavirus and the revelation of monkeypox across the United States have troubled scientists and the American public. While individuals are instructed to quarantine if they contract any serious infection, workers are concerned about sick leave policies that do not account for the global health crises we are under. Congress passed several laws beginning in March 2020 to support Americans in their efforts to combat the spread through quarantine. But most of those laws expired. \\nNow, employees are left to balance limited sick leave policies with the growing number of infections the public has been warned to avoid. Quarantine is a necessary precaution to deter the spread of a disease’s contagion. But who should pay for it? \\nQuarantine at what cost? \\nOvertime, the quarantine period for isolating the COVID-19 virus has changed with the discovery of new research and the use of vaccines. Before the public had vaccines available, the recommended quarantine period was 14 days. This time was reduced to 10 days in January 2022, a few months after the first booster shots were rolled out. Since then, quarantine instructions for isolating the COVID-19 infection have decreased to just 5 days’ time. \\nCongress passed the Families First Coronavirus Response Act to help alleviate the financial burden of respecting quarantine periods. In it, workers would be compensated with their full-time pay while they completed two weeks’ of isolation, or a portion of their pay if they needed to care for someone else enduring the infection. \\nNearly a week after passing the Families First bill, President Donald Trump signed off on a $2.2 trillion stimulus bill to mitigate the effects of the pandemic on the economy. The Coronavirus Aid, Relief, and Economic Security (CARES) bill provided additional weekly unemployment benefits and expanded the unemployment program’s eligibility to more Americans. Notably, it also created a $367 billion small business grant program to subsidize the impacts the pandemic made on revenue. An additional $349 billion was allocated to the Paycheck Protection Program, so that employers could keep their workers paid and employed  even when they were out on sick leave. \\nAccounting for sick leave now\\nThe bills passed to address the pandemic’s economic and societal impacts have since expired. Employers tend to grant time off proportional to the amount of time an individual has worked for a company. But this puts many workers in a position to pay for their own quarantine if it exceeds their allotment of sick leave. \\nIt is wrongful for a company to terminate an individual in retaliation for a disclosed medical reason. Combating the spread of COVID-19 and monkeypox will require a united public effort to isolate either infection when contracted. Sick leave ought to be granted to people coping with serious health problems, and for prolonged illnesses the Family and Medical Leave Act may be able to assist coping individuals. Otherwise, advocating for quarantine compensation will take negotiation.\\nAs the country grapples with the future of the economy and another round of public health crises, Americans deserve to know that they won’t lose their job if they follow the right safety measures.\\nSeek Help with the Working Solutions Law Firm\\nHave you been retaliated against for taking sick leave? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The persistence of the COVID-19 coronavirus and the revelation of monkeypox across the United States have troubled scientists and the American public. While individuals are instructed to quarantine if they contract any serious infection, workers are concerned about sick leave policies that do not account for the global health crises we are under. Congress passed&hellip;</p>\\n"},{"id":11356,"path":"/blog/doj-investigates-pga-tour-over-potential-antitrust-violations-in-liv-golf-rivalry","slug":"doj-investigates-pga-tour-over-potential-antitrust-violations-in-liv-golf-rivalry","modified":"2022-07-28T10:52:58","title":"DOJ Investigates PGA Tour Over Potential Antitrust Violations in LIV Golf Rivalry","content":"The Department of Justice (DOJ) is investigating whether the PGA Tour engaged in anticompetitive behavior against its Saudi-backed competitor, the LIV Golf Invitational Series, according to the Wall Street Journal. Amid a battle that has divided professional golf, the tour has suspended 17 players who competed in the LIV Golf tournament. In a June memo to its members, the tour said that while players may defect to the LIV Golf series “for their own financial-based reasons,” they cannot expect the same PGA benefits and opportunities as members who abide by tour regulations.\\n1994 Investigation of the PGA Tour: Will History Repeat Itself?\\nIn some ways, DOJ’s investigation is par for the course. This is not the first federal probe into potential antitrust behavior by the PGA Tour. In 1994, the Federal Trade Commission investigated a rule that precluded PGA golfers from playing in non-PGA tournaments and another that restricted golfers’ television appearances. However, the FTC backed off within a year, and the tour got off scot-free.\\nNearly three decades later, the PGA Tour is saying “game on” to its second run-in with the law. This was not unexpected, a tour spokesperson wrote in an email to Law360. We went through this in 1994 and we are confident in a similar outcome. \\nLIV Golf Rivalry Rages On\\nLess keen on a similar outcome is LIV Golf CEO, Greg Norman. According to the New York Times, Norman has denounced the tour for acting as an “illegal monopoly” and denied that it has the right to blacklist players who participate in LIV Golf events. There is simply no recognized justification for banning independent contractor professional golfers for simply contracting to play professional golf, Norman wrote to LIV players and supporters.\\nAt this time, LIV Golf has successfully poached several top players from the PGA Tour with massive upfront payments, bankrolled by the sovereign wealth fund of Saudi Arabia. LIV has also loosened its purse strings by offering $25 million in prize money at its tournaments — a number that the PGA tour simply cannot match. The tour’s commissioner conceded, “The PGA Tour, an American institution, can’t compete with a foreign monarchy that is spending billions of dollars in [an] attempt to buy the game of golf.” Regardless of how LIV Golf’s antitrust allegations play out, its backing from a crown surely threatens the PGA Tour’s throne atop professional golf.\\nSeek Legal Assistance\\nDo you have questions about your rights as a contractor or employee? The Working Solutions Law Firm is here to help! Our employment lawyers are located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nExpert attorneys at our law firm specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The Department of Justice (DOJ) is investigating whether the PGA Tour engaged in anticompetitive behavior against its Saudi-backed competitor, the LIV Golf Invitational Series, according to the Wall Street Journal. Amid a battle that has divided professional golf, the tour has suspended 17 players who competed in the LIV Golf tournament. In a June memo&hellip;</p>\\n"},{"id":11358,"path":"/blog/are-you-facing-gender-discrimination-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","slug":"are-you-facing-gender-discrimination-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-07-28T10:15:01","title":"Are You Facing Gender Discrimination In Your Workplace? Contact The Working Solutions Law Firm Today!","content":"Are you facing gender discrimination in your workplace? If yes, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. You can contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including workplace discrimination, FMLA, and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you facing gender discrimination in your workplace? If yes, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. You can contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers&hellip;</p>\\n"},{"id":11352,"path":"/blog/are-you-a-victim-of-workplace-retaliation-contact-us-today","slug":"are-you-a-victim-of-workplace-retaliation-contact-us-today","modified":"2022-07-27T13:21:46","title":"Are You A Victim of Workplace Retaliation? Contact Us Today!","content":"","excerpt":"<p>&nbsp;</p>\\n"},{"id":11348,"path":"/blog/former-southwest-flight-attendant-awarded-5-1-million-in-abortion-discrimination-suit","slug":"former-southwest-flight-attendant-awarded-5-1-million-in-abortion-discrimination-suit","modified":"2022-07-26T17:22:45","title":"Former Southwest Flight Attendant Awarded $5.1 million in Abortion Discrimination Suit","content":"This past month, a former Southwest flight attendant was awarded $5.1 million in her abortion bias suit against Southwest Airlines and its flight attendant union. A Texas federal jury ruled in favor of plaintiff Charlene Carter on the grounds that Southwest Airlines retaliated against her for her religious beliefs. They also found that her union failed to properly represent her on this matter. After nearly five years, a weeklong trial, and a ten-hour jury deliberation, the verdict for Carter v. Transport Workers Union of America Local 556 et al. came back in favor of Carter. \\nCarter’s Termination and Suit to Prove Retaliation\\nCharlene Carter sued Southwest Airlines and her former union, Transport Workers Union of America Local 556, for wrongful termination and retaliation based on her beliefs regarding abortion. Prior to her termination in 2017, there was a long-winded history of animosity between Carter and her flight attendant union. \\nIn 2013, Carter resigned her membership from the union after discovering that her religious views regarding issues like abortion did not align with those of her union. In 2015, Carter began sending Facebook messages to union president Audrey Stone to criticize Stone and TWU Local 556. In January 2017, conflict between Carter and union members increased when union members — including Stone — participated in a Women’s March in Washington D.C., where Planned Parenthood (a nonprofit that provides reproductive health care) was a sponsor. \\nAccording to the factual history of Carter v. TWU LOCAL 556, photos from the Women’s March were featured in a Union newsletter, which also noted that the union brought together “more than two dozen Southwest Airlines flight attendants from around the country” to participate in the march. Carter alleged that Southwest knew about this behavior. As a critic of abortion and Planned Parenthood, Carter took to Facebook to continue expressing her opposition against those who support such a choice. According to a Law360 article, Carter called Stone “‘despicable’ and said abortion was murder. She also sent a video of purportedly aborted fetuses.” After Stone reported these actions, Southwest Airlines fired Carter for violating company policy on “bullying and use of social media.”\\nVerdict on Retaliation and Termination \\nAfter a weeklong trial, the Texas federal jury decided in favor of Carter in July 2022. They found that Southwest Airlines and TWU Local 556 discriminated against and failed to accommodate Carter’s religious beliefs, which violates Title VII of the Civil Rights Act. Southwest Airlines, however, maintains that they did not fire Carter for her beliefs; rather, they terminated her for the video of fetuses she sent on Facebook and for allegedly harassing the union president, who did not respond to her numerous Facebook critiques. \\nCarter was represented by the National Right to Work Legal Defense Foundation, whose vice president, Patrick Semmens, called her verdict a “tremendous victory.” The NRTW focuses on campaigns against compulsory union membership and is an advocate for workers’ rights. \\nSeek Legal Assistance Today \\nWhile our firm supports a womens right to choose to have an abortion, we also believe that all individuals deserve to work in free of discrimination based on their personal religious beliefs.\\nHave you experienced religious discrimination? Do you believe you have experienced retaliation or wrongful termination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>This past month, a former Southwest flight attendant was awarded $5.1 million in her abortion bias suit against Southwest Airlines and its flight attendant union. A Texas federal jury ruled in favor of plaintiff Charlene Carter on the grounds that Southwest Airlines retaliated against her for her religious beliefs. They also found that her union&hellip;</p>\\n"},{"id":11337,"path":"/blog/ny-attorney-general-orders-bar-owner-pay-500000-to-settle-sexual-harassment-discrimination-claims","slug":"ny-attorney-general-orders-bar-owner-pay-500000-to-settle-sexual-harassment-discrimination-claims","modified":"2022-07-25T16:25:15","title":"NY Attorney General Orders Bar Owner Pay $500,000 to Settle Sexual Harassment, Discrimination Claims","content":"New York Attorney General Letitia James ordered the owners of a decades-old bar in Nolita to pay $500,000 to a group of 16 current and former employees. The employees of Sweet &amp; Vicious alleged rampant sexual harassment and racial discrimination at the establishment, which the New York Attorney General’s office concurred with following a lengthy investigation. \\nThe case offered a notable win for employees in an industry where workers can be prone to objectification and harassment. In the years following the global #MeToo reckoning, more employees are banding together to defend their rights to a considerate workplace. And such legal implications seem to be paying off. In 2021, the EEOC reported a 10-year low for sexual harassment incidents reported nationwide. \\nSeriously Vicious \\nFollowing a 16-month investigation, the state Attorney Generals office found the owner of Sweet &amp; Vicious to have permitted and perpetuated a hostile work environment for his employees. Hakan Karahmutoglu was also accused of wage theft against his employees, amongst other serious civil right violations. He agreed to pay the settlement to avoid future litigation and to “allow everyone to move on.” \\nUnderstanding Legal Claims in the Service Industry\\nTo bring a case against one’s workplace, a plaintiff must prove that they suffered mistreatment at the direct hands of the alleged management. For example, a general manager who makes sexual remarks about the staff working for him would be a clear case of sexual harassment. A manager who learns of a worker’s disability status and subsequently ridicules them in front of others or reassigns their work to other people could also be argued as serious cases of discrimination. \\nIn the case of Sweet &amp; Vicious, plaintiffs alleged that their management cultivated a hostile workplace. While individuals like Hakan Karahmutoglu were personally accused of being assailants, negligence toward other acts of harassment and discrimination were also considered wrongful. Employers who defer intervention in the ongoing derogatory or harmful activity against their workers may be convicted, since they fail to uphold a reasonably safe working environment. \\nThe Case of Sweet &amp; Vicious \\nEmployees at Sweet &amp; Vicious were subjected to objectifying treatment from the bar’s owner and management. Comments about employees’ race, sexuality, and bodies were regularly made. The NY Attorney General’s report stated that on multiple occasions, a manager allegedly rubbed his body against a female employee at the bar.” Hakan Karahmutoglu referred to his female employees as “cows” and specifically ordered his managers to hire “pretty girls” who were “tall,” “blonde,” “beautiful,” and “sexy.” He also referred to Black employees as “gangsters” and one Puerto Rican manager as a “terrorist.” \\nThe Attorney General’s report also detailed complaints of unpaid wages. Employees of the Nolita bar said they were denied “overtime pay, full compensation, and some tips that were left by customers using a credit card.” Furthermore, the New York labor law states that employers must provide their workers with consistent wage notices and statements. Hakan Karahmutoglu and his management failed to comply with these laws, as well. \\nContact the Working Solutions Law Firm\\nHave you been the victim of workplace discrimination or sexual harassment? Has your employer withheld wages or tips from your paycheck? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including unpaid wages and overtime, sexual harassment, and wrongful termination. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>New York Attorney General Letitia James ordered the owners of a decades-old bar in Nolita to pay $500,000 to a group of 16 current and former employees. The employees of Sweet &amp; Vicious alleged rampant sexual harassment and racial discrimination at the establishment, which the New York Attorney General’s office concurred with following a lengthy&hellip;</p>\\n"},{"id":11330,"path":"/blog/former-black-agents-sue-state-farm-for-racial-discrimination-and-retaliation","slug":"former-black-agents-sue-state-farm-for-racial-discrimination-and-retaliation","modified":"2022-07-25T15:54:20","title":"Former Black Agents Sue State Farm for Racial Discrimination and Retaliation","content":"According to a recent article published by Law360, an Illinois federal judge ruled in favor of former State Farm agents who filed racial discrimination and retaliation claims against the company. The judge decided that State Farm must face the complaints presented by the class of former agents in a 47-page order stating that they have “sufficiently pled their case” against their employer. State Farm filed a motion to dismiss these claims by presenting several countering reasons, including a reference to the “intent and causation element of a Section 1981 racial discrimination claim.” However, the court refused to dismiss the claims and has given State Farm until July 25, 2022, to respond to these allegations. \\nInstances of Racial Discrimination in the Workplace Alleged by the Plaintiffs \\nIn the initial complaint filed in 2020, seven former agents and independent contractors listed many racially-charged discriminatory acts they were subject to while working for State Farm. The plaintiffs accused the company of disproportionately and harshly disciplining Black employees for violating company policies compared to their non-Black counterparts. The plaintiffs also claimed that the company intentionally withheld business opportunities from Black agents by assigning them to territories in less wealthy areas and non-Black agents to more “affluent” locations. According to the article, the plaintiffs alleged that State Farm practiced “race matching” by placing Black agents in neighborhoods with Black and minority-majority populations, where many have lower incomes. \\nPlaintiff Alton Williams applied to an agency in a wealthy part of northern Chicago. However, he claims that the company denied his request and assigned him to the farther western side of the city, known to be a “racially diverse” and “working class” area. He shared that the company fired him after auditing his business in 2017 and finding a “small number of auto insurance policies that had the wrong vehicle purchase dates listed on the applications.” Williams claimed that these were likely to be clerical or customer mistakes that did not impact the pricing of the vehicles. He explained that State Farm did not discipline non-Black employees who faced accusations of similar or more significant inaccuracies. \\nFederal and State Laws on Discrimination and Retaliation \\nThere are federal and state laws that protect employees from racial discrimination within the workplace. Title VII of the Civil Rights Act of 1964 prohibits various kinds of discrimination against individuals, including racial discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) also prohibits employers from retaliating against their employees for any reason listed as a “protected activity.” In particular, it is unlawful for an employer to retaliate against an employee for filing or participating in a claim, lawsuit, or investigation. Many states, including New York and New Jersey, uphold and implement this law. \\nSeek Legal Assistance Today \\nHave you experienced discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>According to a recent article published by Law360, an Illinois federal judge ruled in favor of former State Farm agents who filed racial discrimination and retaliation claims against the company. The judge decided that State Farm must face the complaints presented by the class of former agents in a 47-page order stating that they have&hellip;</p>\\n"},{"id":11305,"path":"/blog/do-you-have-unpaid-overtime-contact-the-law-office-of-christopher-q-davis-today","slug":"do-you-have-unpaid-overtime-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-07-21T12:22:21","title":"Do You Have Unpaid Overtime? Contact The Working Solutions Law Firm Today!","content":"Do you have unpaid overtime from your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Do you have unpaid overtime from your employer? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers specialize in&hellip;</p>\\n"},{"id":11269,"path":"/blog/red-robin-reaches-2-95-million-settlement-in-managers-overtime-lawsuit","slug":"red-robin-reaches-2-95-million-settlement-in-managers-overtime-lawsuit","modified":"2022-07-19T17:06:53","title":"Red Robin Reaches $2.95 Million Settlement in Managers’ Overtime Lawsuit","content":"Long branded as a family-friendly restaurant, Red Robin recently confronted accusations of not being equally worker-friendly. On July 5, the burger chain agreed to pay a $2.95 million settlement to a class of managers whose rightful overtime wages were allegedly withheld. \\n\\nOrigins of Unpaid Overtime Claims \\nRed Robin kitchen manager Eric Outlaw originally filed suit in 2018 accusing his employer of violating the Federal Labor Standards Act (FLSA) and New York labor law. According to Law360, the class now includes nearly 500 assistant managers and kitchen managers who say that Red Robin misclassified them as exempt from overtime, even though they routinely perform the physical tasks of non-exempt employees.\\nThe managers further contend that Red Robin failed to maintain accurate time records and provide an adequate budget to hire enough non-exempt employees. The budget shortfall led managers to work over 40 hours a week without fair compensation, an allegation reiterated in a similar unpaid overtime class action filed against Red Robin in April. According to Bloomberg Law, this recent suit centers on allegations that Red Robin denied at least 100 assistant managers due overtime pay and forced them to work through breaks. “Red Robin’s business model depends on lean staffing of its restaurants, including by relying on Secondary Managers to spend the majority of their time performing the same duties as non-exempt, hourly-paid workers,” the complaint alleged. While the April suit was brought in a California federal court, the parties in Outlaw v. Red Robin International, Inc. are seeking approval of their settlement agreement from a New York federal court. \\nThe Road to Settlement\\nUpon approval from the New York Eastern District Court, the $2.95 million settlement in Outlaw will end three years of litigation. While Red Robin has consistently denied allegations of overtime pay violations, the parties agreed to end the suit after three mediation sessions and a brief hiatus resulting from Red Robin’s financial instability during the COVID-19 pandemic.\\nFederal and State Laws on Overtime Regulations \\nThere are federal and state laws that protect individuals from wage violations in the workplace. According to the FLSA, employees are entitled to receive overtime pay for any hours worked over 40 per workweek at a “rate not less than one and a half times the regular rate of pay.” Several states, including New York and New Jersey, acknowledge and uphold this law. Both state and federal regulations regarding overtime pay are in place to prohibit employers from refusing to pay their employees their rightfully earned wages. \\nSeek Legal Assistance\\nIs your employer refusing to pay you for working overtime, or do you have questions about unpaid wages? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Long branded as a family-friendly restaurant, Red Robin recently confronted accusations of not being equally worker-friendly. On July 5, the burger chain agreed to pay a $2.95 million settlement to a class of managers whose rightful overtime wages were allegedly withheld.  Origins of Unpaid Overtime Claims  Red Robin kitchen manager Eric Outlaw originally filed suit&hellip;</p>\\n"},{"id":11263,"path":"/blog/the-department-of-labor-announces-protections-for-immigrants-in-labor-disputes","slug":"the-department-of-labor-announces-protections-for-immigrants-in-labor-disputes","modified":"2022-07-19T16:44:44","title":"The Department of Labor Announces Protections for Undocumented Immigrants in Labor Disputes","content":"The Department of Labor recently published guidance on how undocumented workers can shield themselves from intimidation and retaliation during labor disputes with their employers. Undocumented employees who fear reporting labor violations can now request that the Department of Labor seek the use of prosecutorial discretion from the Department of Homeland Security. Prosecutorial discretion gives a prosecutor the choice to either charge or not charge a person for a crime. In an immigration context, prosecutorial discretion could provide protection against deportation during an investigation into labor abuses. “For the Department of Labor to carry out the laws its enforces, workers must feel free to participate in its investigations and proceedings without fear of retaliation or consequences related to their immigration status,” the agency said in a press release explaining the new guidance.\\nEach request will be reviewed on a case-by-case basis, and unlike the lengthy visa process, which can take up to years, the new labor dispute process through the Department of Labor can be much faster, with the Department aiming to respond to requests within 30 days. The new guidelines were celebrated by labor advocates across the country. Rosario Palacios, an organizer from Georgia, recognized the impact that the procedure would have in expanding protections to more workers: “This is information that everyone needs to know. We’ve had a handful of folks who have successfully gone through this process because of the work of many volunteers and pro bono attorneys but we have over 100 more folks who can potentially qualify.”\\nWhat Protections Can the Department of Labor Provide to Undocumented Workers?\\nImmigration-related prosecutorial discretion can look different in every case. The Department of Homeland Security may choose to withhold or stop immigrant enforcement against a worker who has requested support from the Department of Labor. Other results allowing workers to access employment authorization include deferred action, which delays deportation, or immigration parole, which allows temporary stay in the United States. Importantly, making a request to the Department of Labor does not guarantee the use of prosecutorial discretion. As the National Immigrant Law Center reports, the new guidance marks a big step in the enforcement of labor and employment law across the country, but the process by which workers can seek protection based on their involvement in a labor dispute can still be made more clear, especially for the most vulnerable.\\nHow to Make an Immigration-Related Protection Request to the Department of Labor \\nUndocumented workers involved in a labor dispute and who wish to seek prosecutorial discretion should do the following:\\n\\nEmail the Department of Labor at statementrequests@dol.gov with the subject line “Request for Statement of DOL Interest.” \\nIn the email, include identifying information about the worksite, descriptions of the labor dispute and which laws it relates to, descriptions of labor-related retaliation or threats faced by workers, and descriptions of any fears about immigration-related retaliation experienced by workers which might prevent them from reporting violations. Wherever possible, include the time, place, and manner of such facts. \\nImportantly, requests should not include the immigration histories of individual workers or personally identifiable information, including dates of birth, Social Security Numbers or Alien Registration Numbers.\\n\\nFor more information, refer to the full FAQ published by the DOL.\\nSeek Legal Assistance Today \\nHave you been a victim of workplace retaliation? If so, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The Department of Labor recently published guidance on how undocumented workers can shield themselves from intimidation and retaliation during labor disputes with their employers. Undocumented employees who fear reporting labor violations can now request that the Department of Labor seek the use of prosecutorial discretion from the Department of Homeland Security. Prosecutorial discretion gives a&hellip;</p>\\n"},{"id":11260,"path":"/blog/experiencing-discrimination-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","slug":"experiencing-discrimination-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-07-19T16:40:49","title":"Experiencing Discrimination in Your Workplace? Contact the Working Solutions Law Firm Today!","content":"Have you been the victim of discrimination in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime.Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been the victim of discrimination in your workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers&hellip;</p>\\n"},{"id":11231,"path":"/blog/tesla-sued-for-race-discrimination-again","slug":"tesla-sued-for-race-discrimination-again","modified":"2022-07-18T16:29:12","title":"Tesla Sued for Race Discrimination, Again","content":"Tesla, Inc., a company not shy to public scrutiny, has been sued yet again. In late June of 2022, fifteen Black employees brought a lawsuit against the tech giant in Alameda County for racism. The case, Jasmin Wilson et. al. v. Tesla, is the newest one in a string of lawsuits that have accused the company of promoting a culture of sexual harassment and racial discrimination in the workplace. \\nRace Discrimination in the Workplace \\n\\nThis latest case, Jasmin Wilson et. al. v. Tesla, was filed in the Alameda Superior Court, with plaintiffs consisting of current and former employees. They allege Tesla “operates under a ‘pre-Civil Rights’ atmosphere of racial discrimination as a standard operating practice.” According to the same PR Newswire article, these plaintiffs have had to deal with blatant acts of racism such as graffiti on the restroom walls and workstations labeled with “KKK” and the “n-word.” These Black employees claim that they were often passed off for promotions and not given raises despite years of consistent good reviews. Some of these plaintiffs have even accused their coworkers of physical assault, with no action taken by management to address these attacks. \\nWorkers also filed other grievances such as being fired solely based on race. They were also told they “must work hard” because of their social status as a minority. As attorney Sahar Malek puts it, “[t]hese employees simply wanted to put in an honest days work for an honest days pay, and instead they were treated horribly by co-workers, supervisors, and even HR representatives… This can’t go ignored.” While founder and CEO Elon Musk was not listed as a defendant in the case, he is cited in one of the allegations against the company. \\nHistory of Racism and Harassment at Tesla\\nAs noted before, this case is not the first time Tesla has been sued for fostering a toxic and discriminatory work environment. Last December, in 2021, six women sued Tesla for sexual harassment at one of its factories, located in Fremont, California. According to The Washington Post, these female employees noted that they were subjected “to lewd comments and catcalling, physically intimate touching and discrimination.” Though some of them brought these issues to the attention of their superiors, others reported that their superiors often allowed—and even participated in—these sexist practices. \\nIn October 2021, former Tesla employee Owen Diaz was awarded $137 million by a jury in his discriminatory suit against the tech company; Diaz had also endured racist abuse and harassment. Though a judge had reduced the award to $15 million, Diaz still plans to combat Tesla’s racial abuse in a new trial. With so many ongoing suits against Tesla, one thing remains clear: the company is under fire for its discriminatory practices. \\nSeek Legal Assistance Today \\nHave you experienced racism or sexual harassment in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime.Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Tesla, Inc., a company not shy to public scrutiny, has been sued yet again. In late June of 2022, fifteen Black employees brought a lawsuit against the tech giant in Alameda County for racism. The case, Jasmin Wilson et. al. v. Tesla, is the newest one in a string of lawsuits that have accused the&hellip;</p>\\n"},{"id":11212,"path":"/blog/firm-files-class-action-lawsuit-against-grocery-delivery-service-getir-for-wage-violations","slug":"firm-files-class-action-lawsuit-against-grocery-delivery-service-getir-for-wage-violations","modified":"2022-07-16T15:25:07","title":"Firm Files Class Action Lawsuit Against Grocery Delivery Service Getir For Wage Violations","content":"On July 8, 2022, The Working Solutions Law Firm filed a lawsuit against grocery delivery service Getir for failing to pay packers and other in-store personnel for worked lunch breaks and necessary pre-shift work, among other violations. As a result of these unlawful practices, Getir employees were not paid all of their earned overtime wages. When they were paid overtime wages, the overtime rate was miscalculated, as performance bonuses were excluded from their regular rate of pay. These employees were also not paid for the cost of mandatory uniforms as required by New York law.\\nOur Firms lawsuit extends to Getir employees in New York City, Boston, and Chicago. The lawsuit covers retroactive compensation for unpaid wages and reimbursements dating back at least three years for Boston and Chicago employees and six years for New York City employees. All current and former Getir packers and in-store employees are eligible to join.\\nBusiness Insider recently reported on the lawsuit and Getirs history of employing unfair and sketchy pay practices. The article explains how Getir has altered the way it pays its employees and tracks their hours multiple times, resulting in confusion and errors. Notably, the article states that with the most recent change, employees are paid for the time they spent completing an order but not for busy tasks, which could include preparing to take an order once they arrived at work or repairing a bike that broke down on the street.\\nCLICK HERE TO READ OUR FILED COMPLAINT: Complaint (Brooks et al v. Getir)\\nContact Us Today!\\nOur law firm is committed to vindicating the rights of the Getir employees for these violations, and for all employees of food and grocery delivery services, many of whom are underpaid as a result of widespread wage violations and wage theft in this growing industry.\\nWhether you work for Getir or another food delivery service, our employment law firm is available to evaluate your potential claims and provide a free initial screening. If you believe you are being underpaid and you are employed as a delivery driver, courier, packer, or other employee or manager in the food delivery industry, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out to our attorneys for a consultation today.","excerpt":"<p>On July 8, 2022, The Working Solutions Law Firm filed a lawsuit against grocery delivery service Getir for failing to pay packers and other in-store personnel for worked lunch breaks and necessary pre-shift work, among other violations.  As a result of these unlawful practices, Getir employees were not paid all of their earned overtime wages.&hellip;</p>\\n"},{"id":11195,"path":"/blog/undocumented-construction-worker-awarded-650000-for-whistleblower-retaliation","slug":"undocumented-construction-worker-awarded-650000-for-whistleblower-retaliation","modified":"2022-07-15T20:05:56","title":"Undocumented Construction Worker Awarded $650,000 for Whistleblower Retaliation","content":"In June, a Massachusetts jury awarded an undocumented employee of Tara Construction Inc. a total of $650,000 for enduring retaliation at the hands of chief executive officer Pedro Pirez. The employee of the construction company suffered a serious injury on the job that was later reported to the Occupational Safety and Health Administration (OSHA). OSHA opened a rapid response investigation into the matter. Not long after, the U.S. Immigration and Customs Enforcement (ICE) found the injured employee and detained them. \\nThe lawsuit alleged that Pedro Pirez and his company facilitated the detention of the immigrant employee as a form of retaliation. After this, the Department of Labor got involved. Solicitor of Labor Seema Nanda verified, “The Department of Labor will not tolerate retaliation against employees who complain of workplace abuses, including when an employer seeks to use an employee’s perceived immigration status as a way to intimidate workers.” \\nThe Solicitor of Labor continued,“Successful enforcement of worker protection laws depends on workers being empowered and feeling safe enough to speak out for themselves and their fellow workers.” It is imperative for workers to feel confident disclosing concerns about their work conditions without a threat of retaliation. Employees who handle machinery and other large equipment, particularly on developing construction sites, are entitled to safety measures that protect them from otherwise dangerous jobs. \\nThe federal jury in Massachusetts assessed $200,000 in punitive damages against Tara Construction Inc. and $400,000 in punitive damages against CEO Pedro Pirez. They also awarded an additional $50,000 in compensatory damages. In total, the undocumented employee will walk away with $650,000. In OSHA’s published report of this decision, they also cited their Whistleblower Protection Programs webpage. \\nProtections Against Unsafe Working Conditions\\nThe Occupational Safety and Health Act protects workers from unsafe, unsanitary, and generally unlawful working conditions. The act ensures that a set of employment standards be guaranteed for all laborers, including undocumented workers. Under the OSH Act, employers are “responsible for providing safe and healthful workplaces for their employees.” \\nThe Occupational Safety and Health Administration (OSHA) enforces the Act amongst other labor laws. OSHA also assures that employees are able to speak openly about potential labor violations without fear of retaliation. When complaints are made, the Administration investigates and intervenes on behalf of employees if necessary. It is illegal for employers to retaliate against their whistleblower employees in the form of harassment, demotion, termination, or in the recent case of an undocumented construction worker, attempted deportation. \\nWhat Does This Ruling Mean for Immigrant Workers? \\nRetaliation is a serious violation of labor law, and damages may be significant. The Regional Solicitor of Labor in Boston was quoted in reiterating the final awards of the case, “We seek and obtain punitive damages under the laws we enforce to ensure employers understand that it is not only unlawful, but also costly, to retaliate.” \\nEmployees of any citizenship status are entitled to safe working conditions. Migrant workers are specifically protected under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The Department of Labor stands with workers against intimidation, retaliation, or mistreatment from their employers. Whistleblower complaints ensure that abuse does not go on  workers help workers in this way. And if you are the victim of workplace abuse, you, too, may be entitled to significant financial compensation. \\nSeek Legal Assistance Today \\nHave you been a victim of workplace retaliation? Has your employer expected you to work in unsafe working conditions? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime.Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p> In June, a Massachusetts jury awarded an undocumented employee of Tara Construction Inc. a total of $650,000 for enduring retaliation at the hands of chief executive officer Pedro Pirez. The employee of the construction company suffered a serious injury on the job that was later reported to the Occupational Safety and Health Administration (OSHA). OSHA&hellip;</p>\\n"},{"id":11184,"path":"/blog/are-you-a-victim-of-workplace-retaliation-call-us-today","slug":"are-you-a-victim-of-workplace-retaliation-call-us-today","modified":"2022-07-14T22:00:15","title":"Are You a Victim of Workplace Retaliation? Call Us Today!","content":"Has your employer retaliated against you? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 817-9650 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Has your employer retaliated against you? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 817-9650 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law,&hellip;</p>\\n"},{"id":11173,"path":"/blog/morgan-v-sundance-a-victory-for-workers-rights","slug":"morgan-v-sundance-a-victory-for-workers-rights","modified":"2022-07-12T14:49:21","title":"Morgan v. Sundance: A Victory for Workers’ Rights","content":"In May of 2022, the U.S. Supreme Court delivered a unanimous decision in Morgan v. Sundance protecting workers’ rights. The case is centered on the issue of arbitration, which occurs when two parties (such as an employer or an employee) appeal to a neutral third party to resolve a dispute. Arbitration clauses in work contracts may be used to protect both parties from costly legal disputes and resolve workplace issues. \\nOne key issue in Morgan v. Sundance was whether a company waives its right to arbitrate if they delay enforcement of the arbitration agreement. The Eighth Circuit Court of Appeals also considered whether the worker was prejudiced as a result of the delay. Sundance, Inc. failed to demand arbitration when Robyn Morgan first sued for unpaid overtime. While the Eighth Circuit Court ruled that this delay did not strip Sundance of its right to arbitration, the Supreme Court ultimately reversed the decision and ruled in favor of Morgan. \\nFacts of the Case: Failure to Pay Overtime Wages\\nIn September 2018, Morgan sued Sundance, which owned the Taco Bell franchise she worked at, for failure to pay overtime wages. The suit included Morgan and other employees who were similarly affected by the company’s lack of compensation. According to ScotusBlog, while Sundance initially resolved to fight the issue in court through litigation, it eventually “moved to dismiss the case on procedural grounds, filed an answer to the complaint, and attempted mediation.” When these actions failed to resolve the case, Sundance attempted to settle the dispute through arbitration by citing an arbitration clause that was in Morgan’s original job application.\\nIn response, Morgan contended that the company’s delay in enforcing the arbitration agreement constituted a waiver of arbitration. In order to determine whether Sundance was eligible to demand arbitration, the district court applied the Arbitration Waiver Test commonly used by federal courts. The test considered (1) whether the company was aware of its right to arbitrate (2) whether the company acted inconsistently with that right and (3) whether the plaintiff was prejudiced by the delay. Though the district court ruled in favor of Morgan, the Eighth Circuit reversed on the grounds that Morgan was not “prejudiced,” or harmed, by the delay. \\nSupreme Court Ruling in Morgan v. Sundance\\nIn a unanimous decision, the Supreme Court reversed the Eighth Circuit ruling in favor of Morgan. Delivering the decision for the Court, Justice Kagan wrote that “a court must hold a party to its arbitration contract just as the court would to any other contract. But a court may not devise novel rules to favor arbitration over litigation.” In previous cases, the Court has reinforced that the Federal Arbitration Act requires arbitration contracts to be placed on “equal footing” with other kinds of contracts. This standard is meant to ensure that, for the most part, arbitration contracts are similar to other legal contracts, rather than manipulated to favor one party over another.\\nIn the case for Morgan v. Sundance, however, the Supreme Court found that the requirement of demonstrating “prejudice,” or harm done, towards the plaintiff is uncommon outside the context of arbitration. As a result, the Court unanimously ruled in favor of Morgan, leading to a victory for workers’ rights.\\nSeek Legal Assistance Today \\nHave you experienced unpaid wages or unfair arbitration enforcements? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out to our attorneys for a consultation today.","excerpt":"<p>In May of 2022, the U.S. Supreme Court delivered a unanimous decision in Morgan v. Sundance protecting workers’ rights. The case is centered on the issue of arbitration, which occurs when two parties (such as an employer or an employee) appeal to a neutral third party to resolve a dispute. Arbitration clauses in work contracts&hellip;</p>\\n"},{"id":11167,"path":"/blog/experiencing-gender-discrimination-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","slug":"experiencing-gender-discrimination-in-your-workplace-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-07-12T10:16:47","title":"Experiencing Gender Discrimination In Your Workplace? Contact The Working Solutions Law Firm Today!","content":"Have you experienced gender discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime.Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Have you experienced gender discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.  Our employment lawyers specialize&hellip;</p>\\n"},{"id":11157,"path":"/blog/netflix-starbucks-and-other-companies-pledge-to-cover-employee-abortion-travel","slug":"netflix-starbucks-and-other-companies-pledge-to-cover-employee-abortion-travel","modified":"2022-07-11T11:40:42","title":"Netflix, Starbucks, and Other Companies Pledge to Cover Employee Abortion Travel","content":"Following the Supreme Court’s recent decision to overrule Roe v. Wade, which established the constitutional right to abortion, a growing number of companies have pledged to cover travel costs for employees seeking abortions out of state. To this end, major companies from various industries are expanding their health insurance coverage and offering abortion travel reimbursements. According to the New York Times, the first companies to act did so in response to the draft of the Court decision leaked in early May. Among other big names, this trailblazing group included Netflix, Starbucks, and JPMorgan.\\nCorporate Support of Reproductive Care\\nWhile the specifics of different company policies may differ, they reflect a shared goal of ensuring access to reproductive care. For instance, Law360 reports that Dick’s Sporting Goods will provide up to $4,000 in travel reimbursements for those enrolled in the company medical plan, while Zillow will reimburse employees up to $7,500 for health services that require significant travel. In addition to providing travel and lodging support, Airbnb has taken the added step of updating its leave policy to allow for up to 20 days of paid bereavement for a pregnancy loss. \\nLegal Ramifications of Abortion Reimbursements\\nAccording to Reuters, legal experts predict that companies espousing these new policies will face lawsuits, and that the federal law regulating benefits plans will provide critical — though limited – cover to self-insured companies. The Employee Retirement Income Security Act of 1974 (ERISA) has traditionally been interpreted to preclude states from making laws dictating the scope of health plan coverage. However, ERISA does not cover companies that do not fund their own health plans, and the law cannot defend any employer against criminal charges in states that make it a crime to aid and abet abortion. \\nThis treacherous legal territory is not lost on the companies who have come out in support of reproductive rights. In an email to NBC News, a Meta spokesperson said, We intend to offer travel expense reimbursements, to the extent permitted by law, for employees who will need them to access out-of-state health care and reproductive services. We are in the process of assessing how best to do so given the legal complexities involved.” In response to the overruling of Roe, therefore, companies must consider both the political promise and legal pitfalls of their policies.\\nAbortion Protections in New York\\nNew York boasts some of the countrys strongest labor laws protecting employees, and the same can be said for its abortion laws. In the wake of the overruling of Roe, New York Attorney General Letitia James spoke out to reassure that New Yorkers that their abortion rights will continue to be protected. She stated, “Even with today’s Supreme Court decision overturning Roe, abortion remains legal in New York. The people of New York — and all those who may come here seeking care — have my word that New York state has been and will continue to be a safe haven for abortion access. I will never stop fighting to protect the freedom to make our own decisions about our lives and futures.”\\nSeek Legal Assistance\\nHave you experienced pregnancy discrimination in the workplace, or do you have any questions about your rights? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Following the Supreme Court’s recent decision to overrule Roe v. Wade, which established the constitutional right to abortion, a growing number of companies have pledged to cover travel costs for employees seeking abortions out of state. To this end, major companies from various industries are expanding their health insurance coverage and offering abortion travel reimbursements.&hellip;</p>\\n"},{"id":11134,"path":"/blog/servicemembers-sue-marine-corps-for-religious-discrimination","slug":"servicemembers-sue-marine-corps-for-religious-discrimination","modified":"2022-07-08T18:05:44","title":"Service Members Sue Marine Corps For Religious Discrimination","content":"The United States has a long history of inserting religion within its public institutions. While a separation of church and state was first decreed in the Constitution, the First Amendment also established a citizen’s right to religious freedom  including its practice. This ensured that the government could not interfere with any individual’s personal religious decisions. But for citizens who opt to serve in government institutions, it’s become a legal challenge to balance personal liberties with government obligations. \\nThe struggle continues with a group of Marine Corps recruits who allege the military branch is oppressing their religious freedoms. Leadership has prevented several new trainees from continuing in the entry program unless they shave their beards and remove their turbans  actions, the plaintiffs insist, that seriously infringe on their closely held religious beliefs. \\nThe Religious Reasoning \\nMarine recruits Jaskirat Singh, Aekash Singh and Milaap Singh Chahal are Sikh American. They are joined by Capt. Sukhbir Singh Toor in a federal lawsuit filed in a Washington D.C. court. Together, they are suing the Marine Corps and the Department of Defense over imposed restrictions to articles of faith. The plaintiffs defend that donning a turban and beard are essential practices of their faith. Removing either would be a moral wrongdoing, according to their religion, as sinful as adultery. \\nThe United States Marine Corps has maintained a position on uniformity, unit cohesion, and discipline as a necessary undertaking for new recruits. It is intentional, the Corps say, to foster a culture of standards that everyone respects in the service. \\nOther military branches have looser rules on religious attire, however. The lawsuit questions the Corps’ logic, considering precedence for these other accommodations. \\nHistorical Military Appearances\\nOver the years, the Marine Corps has adjusted its policies on appearance to account for a diversifying military force. Women are not forced to shave their heads to participate in training, and they relaxed regulations for full-sleeve tattoos as they became more popular. Medical accommodations have also been approved for skin conditions that impede an individual from shaving their face daily.\\nEric Baxter of the Becket Fund for Religious Liberty, who represents the plaintiffs, suggested that it was “absurd” to deny Sikh Americans their own accommodations. Why are we telling them that Sikhs are second-class citizens and they shouldnt apply to the military if they want to be true to their faith? Baxter said. Its contrary to everything that America stands for.\\nThe Marine Corps has not always had such a stringent policy on articles of faith. For over two decades, military standards of appearance were widely considerate of religious exceptions. The Marine Corps allowed turbans and unshaved beards while in uniform if an individual filed a formal religious exemption. These rules were overturned in 1981 under Ronald Reagan’s presidency. A newspaper article at the time stated that the action applied to 15 Sikh service members, which noted that The Armys review found the wearing of beards, unshorn hair, turbans and religious bracelets contrary to Army operational and safety requirements. \\nThe Case to be Made for Religious Freedom\\nThe Marine Corps argues that a beard would interfere with combat functioning. Giselle Klapper, a senior staff attorney for the Sikh Coalition, replied in a statement. “It is time for the USMC to recognize what the U.S. Army, U.S. Air Force, and armed forces around the world already know: Articles of faith do not preclude Sikhs from capable military service.”\\nThe government and the Constitution together afford the public a unique set of liberties. Service members have a vested interest in defending their country, though they may feel inclined to enjoy such liberties while out on the field. Legalities around religious displays in connection to the government will surely adapt and change throughout time. But they are always a right worth advocating for.\\nContact the Working Solutions Law Firm Today\\nIf you have experienced religious discrimination in your workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 798-9870 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime.Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>The United States has a long history of inserting religion within its public institutions. While a separation of church and state was first decreed in the Constitution, the First Amendment also established a citizen’s right to religious freedom &#8211; including its practice. This ensured that the government could not interfere with any individual’s personal religious&hellip;</p>\\n"},{"id":11118,"path":"/blog/questions-about-the-warn-act-contact-us-today","slug":"questions-about-the-warn-act-contact-us-today","modified":"2022-07-07T20:44:43","title":"Questions about the WARN Act? Contact Us Today!","content":"Do you have questions about your rights under the Worker Adjustment Retraining Notification (WARN) Act? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\nOur employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about your rights under the Worker Adjustment Retraining Notification (WARN) Act? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&hellip;</p>\\n"},{"id":11128,"path":"/blog/ceo-of-emd-sued-for-flsa-violations","slug":"ceo-of-emd-sued-for-flsa-violations","modified":"2022-07-07T10:51:10","title":"CEO of EMD Sued for FLSA Violations","content":"EMD Sales Inc., an international food distribution company based in the Washington D.C. area, is currently facing an overtime lawsuit filed by three former and current employees. According to an article published by Law360, Faustino Sanchez Carrera, Magdaleno Gervacio, and Jesus David Muro had settled a previous overtime lawsuit against the company and its CEO, Elda Devarie, last year. The trio, however, urged the lower court to revisit its decision that “the companys Fair Labor Standards Act [FLSA] violations werent willful.” They alluded to the testimony made by Devarie to share that she was aware of overtime pay requirements under labor laws. These complaints were brought to the Fourth Circuit last month.\\nThe Fourth Circuit’s Decision and EMD’s Response \\nThe previous lawsuit, which took place in March 2021, was settled at approximately $300,000 in overtime pay and damages. EMD initially countered this decision, stating that the sales representatives were exempt from overtime pay since they mostly worked out of office. However, further investigation showed that the named employees restocked shelves and made orders inside of the chain stores, and therefore qualified for overtime pay. The article notes that the U.S. District Judge James K. Bredar did not determine whether the FLSA violations were “willful and cut off the statute of limitations at two years.”\\nBoth Devarie and the company appealed the courts decision, arguing that the judge should have reevaluated the presented evidence. Furthermore, EMD conveyed that Judge Bedar should not have only depended on Devaire’s testimony. They expressed that Devaire’s lack of awareness regarding her employees’ job responsibilities is not reflective of whether the overall company adheres to labor laws. According to the article, the three sales representatives cross-appealed and expressed that Devarie’s FLSA violations were willful. They supported their claims by highlighting another case from which “a two-part standard for determining whether an employers conduct crosses the line from negligence to recklessness” emerged.\\nFederal and State Laws on Overtime Pay \\nThere are federal and state laws that protect individuals from wage violations in the workplace. According to the Fair Labor Standards Act (FLSA), employees are entitled to receive overtime pay for any hours worked over 40 per workweek at a “rate not less than one and a half times the regular rate of pay.” Several states, including New York and New Jersey, acknowledge and uphold this law. Both state and federal regulations regarding overtime pay are in place to prohibit employers from refusing to pay their employees their rightfully earned wages. \\nSeek Legal Assistance Today \\nIf your employer has not compensated you for your overtime wages, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers have offices in both NY and NJ, and are available for confidential consultations at no charge over the phone and Zoom.","excerpt":"<p>EMD Sales Inc., an international food distribution company based in the Washington D.C. area, is currently facing an overtime lawsuit filed by three former and current employees. According to an article published by Law360, Faustino Sanchez Carrera, Magdaleno Gervacio, and Jesus David Muro had settled a previous overtime lawsuit against the company and its CEO,&hellip;</p>\\n"},{"id":11124,"path":"/blog/has-your-employer-refused-to-pay-your-overtime-wages-contact-us-today-2","slug":"has-your-employer-refused-to-pay-your-overtime-wages-contact-us-today-2","modified":"2022-07-07T10:47:52","title":"Has Your Employer Refused to Pay Your Overtime Wages? Contact Us Today!","content":"Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of&hellip;</p>\\n"},{"id":11083,"path":"/blog/working-solutions-nyc-announces-new-content-on-finding-an-attorney-for-unpaid-wages-in-new-york-ny","slug":"working-solutions-nyc-announces-new-content-on-finding-an-attorney-for-unpaid-wages-in-new-york-ny","modified":"2022-07-01T10:47:45","title":"Working Solutions NYC Announces New Content on Finding an Attorney for Unpaid Wages in New York, NY","content":"July 1, 2022  New York, NY. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce new content on unpaid wages under New York and New Jersey law in the question and answer format.\\nNonpayment of wages is not only illegal in both New York and New Jersey. It is also morally repugnant, explained Chris Q. Davis, managing partner at the law firm. It takes just a few brave employees to reach out for an employment lawyer to begin a possible action. The first step is confidential, and no risk and that is to talk with a lawyer in private.\\nPersons who would like to learn more can review the newly updated content at https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime/. That page has numerous questions and answers concerning unpaid wages under New York and New Jersey law. Some of the questions concern what employees can do if they are not being paid, can a worker sue over unpaid wages, and even disputes over correct payment (if a payment has been made). Finally, the page explains that the next best step is to reach out for a no obligation consultation with an attorney over unpaid wages.\\nFINDING AN ATTORNEY FOR UNPAID WAGES\\nHere is background on this release. Many workers basically sell their time to their employees. Its a bargain: the employee works, and he or she expects to be paid. Strict laws in both New York and New Jersey regulate how wages must be paid, and they give workers rights if they are not being paid correctly. The reality on the ground, however, is that many workers, especially minority workers, workers of lower education, undocumented workers, etc., may not understand or may be afraid to try to defend their rights. Fortunately, workers can reach out to an employment lawyer for a no obligation, confidential consultation with a lawyer. The lawyer can review the facts, the law, and give advice as to potential action, if any. Taking that first step is key, as the newly updated page explains. Persons who want to learn more about the employment lawyers at the law firm can visit https://www.workingsolutionsnyc.com/our-lawyers/.\\nABOUT WORKING SOLUTIONS NYC\\nWorking Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>July 1, 2022 &#8211; New York, NY. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce new content on unpaid wages under New York and New Jersey law in the &#8220;question and answer&#8221; format.</p>\\n"},{"id":11105,"path":"/blog/are-you-experiencing-religious-discrimination-in-the-workplace-call-or-live-chat-today","slug":"are-you-experiencing-religious-discrimination-in-the-workplace-call-or-live-chat-today","modified":"2022-06-30T15:47:16","title":"Are You Experiencing Religious Discrimination in the Workplace? Call or Live Chat Today!","content":"Are you suffering from religious discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you suffering from religious discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in&hellip;</p>\\n"},{"id":11086,"path":"/blog/big-win-for-employees-5th-circuit-rules-that-covid-19-is-not-a-natural-disaster-under-warn-act","slug":"big-win-for-employees-5th-circuit-rules-that-covid-19-is-not-a-natural-disaster-under-warn-act","modified":"2022-06-30T10:46:58","title":"Big Win for Employees: 5th Circuit Rules that COVID-19 Is Not a Natural Disaster Under WARN Act","content":"It’s hard for anyone to forget the chaos of March 2020. The initial onset of the COVID-19 pandemic led to all kinds of panic, including mass layoffs from thousands of companies and near-record unemployment. According to federal law, certain employers are required to provide 60 days advance notice to their employees before they execute a mass layoff, except if that layoff is caused by a natural disaster. Following a Texas lawsuit, the 5th Circuit Appeals Court ruled that the COVID-19 pandemic does not qualify as a natural disaster within the context of the WARN Act.\\nWhat is the WARN Act?\\nCongress passed the WARN Act, short for Worker Adjustment Retraining Notification, in 1988 with the purpose of protecting employees who are victims of mass company layoffs. Under this federal law, companies that have at least 100 employees are required to give 60 days written notice before 50 or more employees experience a layoff, a reduction in hours, or a site closure. These employees must have worked at least 6 months in the last year, and must average more than 20 work hours per week. The WARN Act provides three exceptions to the 60 days notice requirement, one of which is a natural disaster that causes a company layoff. Otherwise, if an employer does not provide 60 days notice, then they are in violation of federal law and are subject to legal action, as the 5th Circuit addresses in this lawsuit.\\nEasom v. US Well Services\\nIn this case, Scott Eason, Adrian Howard, and John Nau worked as oil and gas workers for US Well Services Inc. In the midst of the pandemic shutdowns of March 2020, US Well Services closed multiple of their Texas fracking sites, subsequently laying off hundreds of their employees without notice, while citing the “unforeseeable” consequences of the pandemic. Eason, Howard, and Nau filed a class action lawsuit against US Well Services, arguing that the mass layoff violated the 60 days notice requirement of the WARN Act. In response, US Well Services argued that COVID-19 was a natural disaster that caused the layoff, and thus the 60 day notice exemption applied. \\nHowever, the 5th Circuit Appeals Court found that COVID-19 does not fall into the definition of a “natural disaster” under WARN, since the act specifies that natural disasters include a “flood, earthquake, or drought currently ravaging the farmlands of the US.” The 5th Circuit explained further that Congress intentionally left out language like “disease,” “pandemic,” and “virus” when writing the natural disaster exception of the WARN Act. The 5th Circuit included other justifications in their ruling, but their finding that COVID-19 is not a natural disaster has overall validated the lawsuit against US Well Services for the WARN Act violation.\\nNew York WARN Act\\nThe guidelines for the WARN Act in New York are a little more specific than the federal guidelines. Some of the differences include:\\n\\nThe act applies to companies with at least 50 full time employees\\nAt least 25 employees must be laid off to trigger a notice requirement\\nCompanies must give 90 days notice, or alternatively provide 90 days of backpay\\n\\nSeek Legal Assistance Today\\nIf you were the victim of a mass layoff without any warning from your employer, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 798-9870 to schedule a free case evaluation and receive experienced legal counsel. Our NYC employment lawyers are ready to evaluate the facts vis-a-vis the law and assist you in identifying the best course of action.","excerpt":"<p>It’s hard for anyone to forget the chaos of March 2020. The initial onset of the COVID-19 pandemic led to all kinds of panic, including mass layoffs from thousands of companies and near-record unemployment. According to federal law, certain employers are required to provide 60 days advance notice to their employees before they execute a&hellip;</p>\\n"},{"id":11074,"path":"/blog/tesla-sued-for-laying-off-thousands-without-proper-notice","slug":"tesla-sued-for-laying-off-thousands-without-proper-notice","modified":"2022-06-28T16:21:37","title":"Tesla Sued for Laying Off ‘Thousands’ Without Proper Notice","content":"Last week, two former Tesla employees filed a class-action lawsuit against Tesla, accusing the electric automaker of laying off “thousands” of workers without issuing the federally required notice. \\n\\n“Zero Days Advance Notice” For Layoffs\\nUnder the Worker Adjustment and Retraining Notification Act (WARN Act), employers are required to provide 60 days advance written notice before a mass layoff. However, according to the complaint filed by John Lynch and Daxton Hartsfield, Tesla employees were fired “effectively immediately” and given no explanation for the “zero days advance notice.” For Lynch and Hartsfield, the layoffs came on the heels of an ominous email that Tesla CEO Elon Musk sent to top company executives on June 2. According to Reuters, Musk wrote that he had a “super bad feeling” about the economy and planned to eliminate 10% of Tesla’s salaried workforce. The complaint alleges that 500 employees were subsequently laid off at the Nevada plant where they formerly worked. Lynch and Hartsfield are now seeking to represent a nationwide class of thousands of Tesla employees who were laid off in May or June without advance notice. \\nTesla’s Reaction to the Complaint\\nThe workers’ attorney, Shannon Liss-Riordan, has urged affected employees to exercise restraint in the wake of their layoffs. In an email to Law360, Liss-Riordan wrote, Tesla is trying to get employees to sign severance agreement for just one week of pay, even though they are entitled to much more. We are urging employees not to sign the separation agreements. Lynch and Hartsfield are seeking compensation equal to the WARN Act, which entails back pay and benefits for 60 days after their termination notice.\\nFor the automotive giant, it seems that making controversial calls is a part of everyday business. Whatever the public perception may be, however, Musk told CNBC that the lawsuit is immaterial. “That is a small lawsuit of minor consequence,” he said. “Anything that relates to Tesla gets big headlines, whether it is a bicycle accident or something much more serious.”\\nNY WARN Act Guidelines\\nLayoffs of the magnitude alleged in the case of Tesla must comply with state labor laws. In New York, the WARN Act requires employers with 50 or more employees to provide notice 90 days in advance of a mass layoff, relocation, or closure. The WARN Act applies to:\\n\\nMass layoffs: This includes a layoff of at least 25 full-time employees or at least 250 employees at a single employment site. This applies only if the layoff is expected to last over six months. \\nReduction of hours: The law also applies if at least 25 full-time employees or at least 250 employees have their hours reduced by more than 50% each month for six months or longer. \\nClosure of employment site: The final instance is the permanent or temporary closure of a single site of employment that results in an employment loss for 25 or more full-time employees in a 30-day period.\\n\\nTo learn more about the WARN Act, check out our recent blog.\\nSeek Legal Assistance Today\\nIf you were terminated in a mass layoff without warning, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our NJ and NY employment lawyers are available for no obligation, private consultations.","excerpt":"<p>Last week, two former Tesla employees filed a class-action lawsuit against Tesla, accusing the electric automaker of laying off “thousands” of workers without issuing the federally required notice.  “Zero Days Advance Notice” For Layoffs Under the Worker Adjustment and Retraining Notification Act (WARN Act), employers are required to provide 60 days advance written notice before&hellip;</p>\\n"},{"id":11060,"path":"/blog/does-your-employer-owe-you-money-contact-the-law-office-of-christopher-q-davis-today","slug":"does-your-employer-owe-you-money-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-06-28T11:20:22","title":"Does Your Employer Owe You Money? Contact the Working Solutions Law Firm Today!","content":"Are you suffering from unpaid wage violations including overtime or fair pay issues? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you suffering from unpaid wage violations including overtime or fair pay issues? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&hellip;</p>\\n"},{"id":11062,"path":"/blog/improving-working-conditions-for-mets-minor-leaguers","slug":"improving-working-conditions-for-mets-minor-leaguers","modified":"2022-06-28T11:17:57","title":"Improving Working Conditions for Mets Minor Leaguers","content":"The federal poverty line currently falls around $13,000 per year. Minor Leaguers in New York, such as Mets players, have salaries that fall below $15,000. Besides the low salary, New York State Senator Jessica Ramos states that players also have “inadequate housing, nutrition, travel arrangements, and more.” According to an article from the Centre Daily Times, Senator Ramos sent a letter to Mets owner Steve Cohen in January urging the new owner to address these poor labor conditions and low wages. \\nSenator Ramos’ efforts to help discuss better working conditions for the players came to fruition when Cohen agreed to meet with non-profit organization Advocates for Minor Leaguers in April 2022. A follow-up meeting to continue discussing these employment issues was scheduled for June 13, but was postponed until further notice. \\nPoor Working Conditions \\nIn August of last year, The Athletic published multiple articles detailing the inadequate employment conditions Minor League athletes faced. In one article, struggles to find affordable housing are placed at the forefront of the conversation: “‘Finding a place to put your head at night is the hardest, most stressful thing to do as a minor leaguer,’ catcher Caleb Joseph, who signed with the Mariners organization in May after he was released by the Mets, told The Athletics Britt Ghiroli.” Some players spend more than 80% of their (already-low) income on housing, while others detailed living in their team’s clubhouse, out of cars, and even sleeping on lawn chairs and pool rafts. \\nFurthermore, players are not compensated for short-term housing in the city that they are placed in. According to the same article by The Athletic, players are assigned to a team “often at the very end of spring training” and are given only three days to figure out housing for the city they are assigned to. With a salary near the poverty level, players are already financially strained; without additional support for housing, their situation is only worsened. \\nChange and Progress for #FairBall\\nBack in September 2021, Minor Leaguers made an unprecedented effort to draw attention to their poor working and living conditions. They wore #FairBall wristbands to games and public events. The hashtag also started to trend on Twitter in an attempt to gain widespread support for the players. In a game between the Philadelphia Phillies and the Mets, players from both teams wore wristbands as a sign of solidarity and protest against poor employment conditions. Players from both teams said to The Athletic, “Minor League baseball players have been severely underpaid and silenced for decades… We love the game of baseball, but it needs to evolve. It is time for every Minor Leaguer to be paid a living wage.”\\nNow, in 2022, the Mets are finally progressing in the right direction by meeting with the Advocates for Minor Leaguers. In Ramos’ initial letter to Cohen, the senator worked with the Advocates and Mets Minor Leaguers to draft a list of proposed changes. As documented by The Athletic, some of these demands include covering the cost of in-season housing, providing meals during the season, and adjusting salaries based on the costs of living in the assigned city. \\nCo-signed by various other New York Senators, pressure is on Cohen and the Mets organization to improve working conditions. With plans to organize future meetings, many — including Senator Ramos and the Advocates — are optimistic that change will come. \\nSeek Legal Assistance Today \\nIf you are experiencing poor labor conditions or unfair wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our team of NJ and NY employment lawyers stands ready to advise you on the facts, the law, and whether litigation might be an option.","excerpt":"<p>The federal poverty line currently falls around $13,000 per year. Minor Leaguers in New York, such as Mets players, have salaries that fall below $15,000. Besides the low salary, New York State Senator Jessica Ramos states that players also have “inadequate housing, nutrition, travel arrangements, and more.” According to an article from the Centre Daily&hellip;</p>\\n"},{"id":11006,"path":"/blog/have-your-fmla-rights-been-violated-contact-us-today","slug":"have-your-fmla-rights-been-violated-contact-us-today","modified":"2022-06-21T20:35:56","title":"Have Your FMLA Rights Been Violated? Contact Us Today!","content":"Have your FMLA rights been violated? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have your FMLA rights been violated? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas&hellip;</p>\\n"},{"id":11015,"path":"/blog/monique-settles-discrimination-suit-with-netflix","slug":"monique-settles-discrimination-suit-with-netflix","modified":"2022-06-21T20:24:50","title":"Mo’Nique Settles Discrimination Suit With Netflix","content":"After a nearly three-year long lawsuit, stand-up comedian and actress Monique Hicks and streaming service Netflix Inc. officially concluded their legal dispute. Monique Hicks, professionally known as Mo’Nique, sued the company back in 2019 for lowballing her due to her status as a Black woman. \\nIn her suit, the successful actress and comedian points out the disparity between what she was offered from Netflix and what other comedians and actors were being paid. For a one-hour comedy special that would be exclusive to the streaming platform, Mo’Nique was offered $500,000, which is incredibly low in comparison to what her white and male counterparts were paid for similar services. Her lawsuit further noted that the streaming titan refused to leave room for negotiation. When she pointed out their discriminatory practices, they retaliated. \\nDiscrimination Based on Race and Gender\\nMo’Nique sued Netflix for violating fair employment and civil rights laws in California federal court. The California Fair Employment and Housing Act, for instance, “prohibits employment discrimination, harassment and retaliation based upon race, religious creed, color, national origin (including language use restrictions), ancestry, [and] disability,” among other protections. New York and New Jersey hold similar laws that protect against such forms of employment discrimination. \\nMo’Nique drew comparisons to how other contracted comedians were compensated and treated. As noted by a recent Law360 article, deals with other comedians and actors ranged in the multi-millions; there was “a $100 million deal with Jerry Seinfeld, a $60 to $70 million deal with Eddie Murphy, a $20 million deal with Ellen DeGeneres, and a $40 million deal with Ricky Gervais.” Mo’Nique’s mere half a million dollar offer does not hold a candle to the other offers. Furthermore, it is important to note that the drastic difference in higher pay correlates to a white, primarily male, demographic. Mo’Nique’s suit argued that the company’s actions perpetuated a tendency to underpay and undervalue the work of Black women. \\nBesides the low wages, Netflix’s proposed contract to Mo’Nique had strict rules, which were noted in her complaint. As reported in the same Law360 article, the streaming service “would have complete and total control’ of the project MoNique would be prohibited for one year from taping or negotiating with any third party for her next comedy special,” among other stringent restrictions. \\nResponse to Mo’Nique’s Suit\\nWhen the suit was originally filed in 2019, Netflix denied Mo’Nique’s accusations. As reported by the Washington Post, a spokesperson for the streaming company said, ​​“We care deeply about inclusion, equity, and diversity and take any accusations of discrimination very seriously. We believe our opening offer to Mo’Nique was fair  which is why we will be fighting this lawsuit.”\\nNow, three years later, the lawsuit is said to have concluded “amicably.” Although the parties’ respective attorneys have not responded for comments and details of a possible settlement are unclear, what is clear is that Mo’Nique’s suit sparks a larger conversation on employment discrimination based on race and gender. As noted in an article from the Guardian, Mo’Nique wrote on instagram, “I had a choice to make… I could accept what I felt was pay discrimination or I could stand up for those who came before me and those who will come after me. I chose to stand up.”\\nSeek Legal Assistance Today \\nIf you are experiencing employment discrimination based on race or gender, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>After a nearly three-year long lawsuit, stand-up comedian and actress Monique Hicks and streaming service Netflix Inc. officially concluded their legal dispute. Monique Hicks, professionally known as Mo’Nique, sued the company back in 2019 for lowballing her due to her status as a Black woman.  In her suit, the successful actress and comedian points out&hellip;</p>\\n"},{"id":11023,"path":"/blog/employee-sues-amazon-over-remote-work-expenses-in-forthcoming-class-action-suit","slug":"employee-sues-amazon-over-remote-work-expenses-in-forthcoming-class-action-suit","modified":"2022-06-21T20:21:42","title":"Employee Sues Amazon Over Remote-Work Expenses in Forthcoming Class Action Suit","content":"Last month, U.S. District Judge Vince Chhabria approved Amazon engineer David G. Williams’ request to file a class action against the e-commerce giant for costs incurred while he worked from home. \\nAmazon sought to dismiss the case, arguing that there was no viable claim for the company to be held responsible for reimbursements under California labor law. The company denied liability for the work-from-home expenses considering the government, not the business itself, ordered workers to stay home. Furthermore, Williams did not submit reimbursement requests. \\nAfter hearing arguments from both sides, Judge Chhabria concluded in Federal Court that “What matters is whether Williams incurred those expenses in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.” Regardless of what entity sent Williams to work remotely, “Amazon expected Williams to work from home after the stay-at-home orders were imposed.” And so, the class action case will go on. \\nThe Cost of Working From Home\\nWhen the COVID-19 pandemic struck the U.S. economy, local governments and businesses made difficult decisions to contain its spread. Schools and businesses closed down, and many Americans agreed to shelter-in-place to manage the public health crisis.\\nCalifornia took one of the most pro-active stances on combating COVID-19’s spread. In March 2020, Governor Gavin Newsom issued a statewide stay-at-home order to protect the health of his citizens and to help manage the strain on the healthcare system. Under this legal mandate, California-based businesses were directed to close in-person operations and accommodate a shift to virtual work or else temporarily halt business practices that could not be fulfilled remotely. Small business loans like the Paycheck Protection Program and other significant government expenditures were offered to compensate for the disruption. \\nMany businesses transitioned their daily operations to virtual settings. Zoom meetings and updates via Slack became a modern norm for workers. But this also meant workers were responsible for creating an office alternative for themselves. \\nDependable WiFi became a necessity for almost all Americans eager to stay connected while medical officials urged people to stay at least 6 feet apart at all times. But broadband Internet connection has never been accessible on a nationwide scale. The digital divide, so its called, also speaks to the costs associated with establishing reliable Internet connections. As such, many workers have struggled to cover out-of-pocket costs for the tools they need to keep their jobs. \\nHolding Amazon Accountable \\nIn David Williams’ proposed class action against Amazon, he alleges that the company should have been liable for the costs associated with working from home. Since Amazon employees like Williams were no longer taking calls in the office, he refers to utilities including personal phones, home WiFi, and electricity as expenses that his company should help cover.\\nThe firm representing Williams in his case is the Los Angeles-based Ackermann &amp; Tiljafef. Attorney Craig Ackermann disclosed to Reuters that several of the cases have settled, “with employers agreeing to give remote workers stipends of up to $83 per month.” \\nWhile Amazon may not have voluntarily closed their offices in California, they did insist their workers continue to fulfill work duties from home. This expectation lacked consideration for the costs associated with working remotely, which were deferred entirely to the worker. In the lawsuit against Amazon, Williams seeks to establish a class of fellow workers in California who were left to cover costs of $50-100 a month for home office expenses.\\nSeek Legal Assistance Today \\nIf your employer refuses to compensate you for work-related expenses, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, U.S. District Judge Vince Chhabria approved Amazon engineer David G. Williams’ request to file a class action against the e-commerce giant for costs incurred while he worked from home.  Amazon sought to dismiss the case, arguing that there was no viable claim for the company to be held responsible for reimbursements under California&hellip;</p>\\n"},{"id":10995,"path":"/blog/are-you-working-in-a-toxic-environment-contact-us-today","slug":"are-you-working-in-a-toxic-environment-contact-us-today","modified":"2022-06-21T20:16:22","title":"Are You Working in a Toxic Environment? Contact Us Today!","content":"Are you experiencing a toxic work environment? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you experiencing a toxic work environment? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many&hellip;</p>\\n"},{"id":11000,"path":"/blog/unitedhealth-reaches-192500-settlement-with-medical-consultants","slug":"unitedhealth-reaches-192500-settlement-with-medical-consultants","modified":"2022-06-21T20:14:38","title":"UnitedHealth Reaches $192,500 Settlement with Medical Consultants","content":"Earlier this year, a $192,500 settlement deal was reached in an overtime lawsuit filed by 17 medical records consultants working for UnitedHealth Group and Optum, a subsidiary. Their primary responsibility was to implement new software and provide direct support to hospital staff learning how to use this software. In the suit, the medical consultants claim they were misclassified as independent contractors rather than employees. The claims were originally brought forth in April 2019 by Oluro Olukayode on behalf of himself and other employees accusing UnitedHealth of violating the Fair Labor Standards Act (FLSA) and Maryland, Maine, and New York wage laws.\\nAccording to a recent Bloomberg Law article, “The 17 consultants will split $70,000 of the total, which amounts to 70% of their alleged unpaid overtime. Each will receive an individual payout based on the number of overtime hours they worked during the relevant period. Class counsel will receive $122,500 in attorneys’ fees and costs.” The deal was approved by a federal judge in Minnesota.\\nEmployee or Independent Contractor? \\nOftentimes, the line between employee and independent contractor can be blurry and confusing. Some employers use this to their advantage in order to avoid paying overtime wages. However, there are several clear distinctions between employees and independent contractors. Independent contractors can typically work for several employers at the same time and set their own hours. However, they are not protected by workplace anti-discrimination laws and are not entitled to overtime wages. On the other hand, employees are prohibited from working for other employers, and their hours are set by their employers. But, employees are protected by anti-discrimination laws and receive overtime wages. If you think you may have been misclassified as an independent contractor, you should seek expert legal counsel. \\nFederal and State Laws on Overtime Regulations \\nThere are federal and state laws that protect individuals from wage violations in the workplace. According to the Fair Labor Standards Act (FLSA), employees are entitled to receive overtime pay for any hours worked over 40 per workweek at a “rate not less than one and a half times the regular rate of pay.” Several states, including New York and New Jersey, acknowledge and uphold this law. Both state and federal regulations regarding overtime pay are in place to prohibit employers from refusing to pay their employees their rightfully earned wages. \\nSeek Legal Assistance Today \\nIf you have been misclassified as an independent contractor or believe you have unpaid wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n \\n&nbsp;","excerpt":"<p>Earlier this year, a $192,500 settlement deal was reached in an overtime lawsuit filed by 17 medical records consultants working for UnitedHealth Group and Optum, a subsidiary. Their primary responsibility was to implement new software and provide direct support to hospital staff learning how to use this software. In the suit, the medical consultants claim&hellip;</p>\\n"},{"id":11035,"path":"/blog/experiencing-racial-discrimination-at-work-call-or-live-chat-us-today","slug":"experiencing-racial-discrimination-at-work-call-or-live-chat-us-today","modified":"2022-06-21T20:12:47","title":"Experiencing Racial Discrimination at Work? Call or Live Chat Us Today!","content":"Do you believe you are experiencing racial discrimination at work? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you believe you are experiencing racial discrimination at work? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&hellip;</p>\\n"},{"id":11010,"path":"/blog/is-your-employer-refusing-to-pay-you-for-working-overtime-contact-the-law-office-of-christopher-q-davis-today","slug":"is-your-employer-refusing-to-pay-you-for-working-overtime-contact-the-law-office-of-christopher-q-davis-today","modified":"2022-06-21T20:11:09","title":"Is Your Employer Refusing To Pay You For Working Overtime? Contact The Working Solutions Law Firm Today!","content":"Are you missing out on work payments or have unpaid overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid wages and overtime, FMLA, and other matters  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Are you missing out on work payments or have unpaid overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment&hellip;</p>\\n"},{"id":10958,"path":"/blog/can-employers-discourage-fmla-leave-seventh-circuit-sides-with-employees","slug":"can-employers-discourage-fmla-leave-seventh-circuit-sides-with-employees","modified":"2022-06-14T16:08:27","title":"Can Employers Discourage FMLA Leave? Seventh Circuit Sides With Employees","content":"According to the U.S. Department of Labor, the Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. On June 1, 2022, the Seventh Circuit held that employers can be found in violation of the FMLA even without formally denying employees their benefits. More specifically, the court’s decision in Ziccarelli v. Dart established that discouraging FMLA leave can be just as unlawful as denying a leave request.\\nBackground of Ziccarelli v. Dart\\nIn 2016, Salvatore Ziccarelli was working as a correctional officer for the sheriff’s office. According to the court opinion, he had developed work-related post-traumatic stress disorder over the course of 27 years on the job. Ziccarelli sought to use his remaining FMLA and sick leave to attend an eight-week PTSD program. Although he had more than a month of FMLA leave available at the time, Ziccarelli claims that his office’s FMLA benefits manager said he could not take any more time off and would be disciplined if he were to do so. Fearing termination, Zicarelli retired and filed his lawsuit a few months later.\\nAccording to a Law360 article, the court reaffirmed that the FMLA bars employers from interfering with, restraining, or denying the exercise of FMLA rights,” as well as discriminating or retaliating against employees seeking to exercise these rights. In Ziccarelli’s case, the court concluded that the alleged threat of disciplinary consequences for taking leave was sufficient to state a claim of FMLA interference.\\nAlthough the Seventh Circuit serves only the states of Illinois, Indiana, and Wisconsin, its finding shores up employee rights under the FMLA nationwide. When it comes to FMLA violations, the court’s decision serves as a reminder that words can speak as loudly as actions. Employers need not deny, but merely discourage, FMLA leave to be found in violation of a federal right.\\nProtections Under the FMLA\\nWhile Ziccarelli had sought time off for his own health, the FMLA guarantees leave for more than an employee’s personal health concerns. Indeed, the Act allows eligible employees to take up to 12 weeks of unpaid leave during any 12-month period to attend to 1) the serious health condition of the employee, parent, spouse, or child; 2) for pregnancy or the care of a newborn child; or 3) for the adoption or foster care of a child. This broad statutory language, along with the Seventh Circuit’s recent decision, gives employers fair warning to remain tactful when responding to employee requests for FMLA leave. To learn more about employer responsibilities under the FMLA, check out our blog post on the five most common FMLA violations.\\nSeek Legal Assistance Today\\nIf your employer is interfering with your right to FMLA leave, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>According to the U.S. Department of Labor, the Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. On June 1, 2022, the Seventh Circuit held that employers can be found in violation of the FMLA even without formally&hellip;</p>\\n"},{"id":10970,"path":"/blog/elon-musk-poses-ultimatum-to-tesla-and-spacex-remote-workers","slug":"elon-musk-poses-ultimatum-to-tesla-and-spacex-remote-workers","modified":"2022-06-14T16:07:02","title":"Elon Musk Poses Ultimatum to Tesla and SpaceX Remote Workers","content":"In an email sent to the workers of his notable SpaceX and Tesla companies, Elon Musk ordered all employees to physically return to the office or else be terminated. With a promise to personally review any cases for appeal, Musk has officially mandated one of the strictest remote work policies in the technology industry.\\nThe mandate to be in-person is required for at least a full-time schedule. An employee can only do remote work if they spend “a minimum of 40 hours in the office per week.” He notes in a follow-up, however, “the more senior you are, the more visible must be your presence.” \\nAnalysts have predicted the company could lose more than 10 percent of its workforce following its policy change. This number correlates with the proportion of staff members Elon Musk reportedly plans to cut from the company due to the economy’s faltering. \\nLegal Rights for Remote Workers\\nWhile remote work may have been the norm for the past few years, some companies like Tesla and SpaceX are no longer interested in Zoom meetings and Slack messages. And while this may lead to an exodus of staff willing to leave their positions in favor of their flexibility, the issue of remote work ultimately comes down to company policy. \\nAs with the COVID-19 vaccine in a majority of states, private companies are responsible for creating their own rules to manage employee health. Many companies mandated their employees be fully vaccinated to continue working, remotely or not. Similarly, companies are entitled to set their own standards for in-person work. Most employees without serious medical concerns will have to abide by their company’s policies unless a compelling appeal can be made. \\nFor those seeking remote work accommodations on the basis of medical concern, a doctor’s note is not a golden ticket  but it is a useful record. If an employer insists all workers return to the office, a doctor may request accommodations for an immunocompromised patient. While an employer is free to ask appropriate questions and even deny the accommodation, workers with serious medical concerns have the right to request reasonable accommodations to protect themselves in the workplace. Workers should speak directly with their employer about what accommodations may be available.\\nBalancing Work Operations with COVID-19 Concerns\\nWith the persistence of COVID-19 across the country, many companies have struggled to maintain general rules on returning to the office. Apple, for instance, suspended its policy last month to physically attend the office at least three days a week after a resurgence of the virus. Remote work has become a popular, increasingly preferred, mode of operations for employees.\\nFor employees with medical conditions, working from home has also been revolutionary. Before COVID-19, employees were still contracting and spreading other illnesses that could seriously affect an immunocompromised worker. Masking inside of the workplace has been difficult to enforce. Remote work, therefore, has been embraced as a superior accommodation for those especially health conscious. \\nOver 100,000 workers look to Elon Musk as their leader between Tesla and SpaceX. His ultimatum to is strict but clear: work for the innovator in-person or not at all. \\nSeek Legal Assistance Today \\nIf you are experiencing medical or disability discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In an email sent to the workers of his notable SpaceX and Tesla companies, Elon Musk ordered all employees to physically return to the office or else be terminated. With a promise to personally review any cases for appeal, Musk has officially mandated one of the strictest remote work policies in the technology industry. The&hellip;</p>\\n"},{"id":10952,"path":"/blog/federal-judge-certifies-class-action-suit-against-equinox","slug":"federal-judge-certifies-class-action-suit-against-equinox","modified":"2022-06-14T16:05:42","title":"Federal Judge Certifies Class Action Suit Against Equinox","content":"A California federal judge ruled last month that employees of the luxury gym Equinox could organize as a class to challenge their employer in court. Personal trainers and group fitness instructors came together to complain about wage violations and other labor laws that their employer allegedly flouts. \\nEquinox argued before the judge that these matters should be dealt with on an individual basis, which is preferable for companies seeking to minimize publicity and settle cases quickly. U.S. District Judge William H. Orrick found, however, that “theres sufficient evidence of common questions of law and fact, namely Equinoxs alleged policies and practices.” Therefore, a class action is set to proceed. \\nEquinox Alleged Claims and Violations\\nThe Fair Labor Standards Act (FLSA) asserts that employees who work more than 40 hours a week should be compensated with overtime, at least time and a half’s worth, pay. Violations of the FLSA may include expectations for work-related activities to be completed on a worker’s own time. Claims can include activities like dry cleaning one’s own uniform or commuting to client sites while off-the-clock. \\nPlaintiffs in the Equinox case claim they were expected to prepare exercise programs and upkeep contact with Equinox members at any time during the day without compensation. Furthermore, trainers and instructors also complained about a company policy requiring them to teach at least “four, one-hour training sessions in a row without being able to take a rest break.” This is a violation of a California law that states a company “provides employees with the opportunity to take a 10-minute paid rest break during every four hours worked (or major fraction thereof).” \\nCreating a Class Action\\nLarge companies traditionally insist their employees to sign arbitration agreements. These agreements assert that employees will settle any disagreements with their employer outside of court with the use of an arbitrator, “an independent person or body officially appointed to settle a dispute.” \\nThe Federal Arbitration Act (FAA) upholds the enforceability of arbitration agreements with cases involving “controversy arising out of…contract, transaction, or refusal” In California, the Act is amended so that cases of economic duress may entitle an employee to litigate in court rather than through arbitration. \\nWhile applications of the amendment are limited, Equinox employees were found to have significant financial claims. A class of over 5,500 employees were alleged to have received inaccurate wage statements. Another class of 400 fitness instructions and other individuals were found to have meal break claims. The Fair Labor Standards Act also upholds an employee’s right to take a lunch break during the work day. \\nThe federal judge established the Equinox class of “all employees who worked for Equinox in California from 2018 to the present and who received at least one wage statement with certain pay codes.” Another class was certified “fitness instructors who worked for Equinox in California from 2015 until the present.” The final class consists of “individuals who worked for Equinox from 2015 until now with meal period claims.” \\nSeek Legal Assistance Today \\nIf you are experiencing unpaid wage violations or denials of your entitled lunch break, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A California federal judge ruled last month that employees of the luxury gym Equinox could organize as a class to challenge their employer in court. Personal trainers and group fitness instructors came together to complain about wage violations and other labor laws that their employer allegedly flouts.  Equinox argued before the judge that these matters&hellip;</p>\\n"},{"id":10935,"path":"/blog/amazon-accused-of-pregnancy-and-disability-discrimination-by-new-york-division-of-human-rights","slug":"amazon-accused-of-pregnancy-and-disability-discrimination-by-new-york-division-of-human-rights","modified":"2022-06-14T16:03:10","title":"Amazon Accused of Pregnancy and Disability Discrimination by New York Division of Human Rights","content":"Last month, the New York State Division of Human Rights (NY DHR) filed a complaint accusing Amazon of pregnancy and disability discrimination across the state. In the complaint, the division asserts that Amazon maintains a policy that wrongfully denies workplace accommodations to pregnant and/or disabled employees, and at times, forces them to take unpaid leave rather than providing an accommodation. As a recent Law360 article explains, the DHR is “seeking an order that Amazon stop its discriminatory conduct, change its policies regarding how accommodation requests are reviewed and pay fines, among other things. While the complaint is confidential at this time, results of the division’s investigation into the retail giant will be released once they are finalized. \\nAmazon employs consultants whose job it is to review requests for disability or pregnancy-related accommodation under state human rights laws. The state claims that Amazon worksite managers would override decisions made by these accommodation consultants, resulting in unlawful denials of healthcare-related accommodations. According to the Law360 article, “Moreover, state regulators claimed that Amazons accommodation policy unlawfully forces pregnant workers or people with disabilities to take unpaid medical leave even in instances where the accommodation consultant finds that a reasonable accommodation is available that would allow the person to continue performing the core duties of their job without imposing an undue burden on the company.”\\nSpecific Instances of Pregnancy, Disability Discrimination \\nIn one specific instance of pregnancy discrimination noted in the complaint, a pregnant employee was approved for a 25-pound maximum lifting restriction. Her worksite manager, however, refused to accept the accommodation. When the employee injured herself lifting boxes, Amazon put her on unpaid leave. \\nAnother employee was approved for a schedule modification due to a sleep-related medical condition, for which he provided medical documentation. Once again, a worksite manager denied the accommodation. \\nIn a third instance referenced in the complaint, an employee was denied a disability accommodation request in the form of reduced hours. Although an accommodation consultant recommended that the request be approved, a worksite manager refused to accept the proposed change to the schedule. After some internal debate, Amazon eventually decided not to offer a reduction of hours to the employee. The company suggested that there was not enough medical documentation to support the employees disability claim. The complaint alleges the employee was not offered time to provide suitable documentation before being denied an accommodation.\\nResponses to DHR Accusations \\nIn regard to the DHRs accusations, New York Governor Kathy Hochul stated, My administration will hold any employer accountable, regardless of how big or small, if they do not treat their workers with the dignity and respect they deserve.”\\nAmazon spokeswoman Kelly Nantel expressed shock at the complaints filing and the governor’s subsequent statement. She stated, Were surprised by the governors announcement this morning because weve been cooperating and working closely with her investigator on this matter and had no indication a complaint was coming. Since we havent received the complaint ourselves yet, were not in a position to comment further. Nantel also reiterated Amazon’s commitment to providing a safe working environment for pregnant and disabled workers. \\nNew York Protections Against Pregnancy and Disability Discrimination \\nAs Governor Hochul explained in her statement regarding the DHR suit, “New York has the strongest worker protections in the nation and was one of the first to have protections for workers who are pregnant and those with disabilities. Working men and women are the backbone of New York, and we will continue to take a stand against any injustice they face. Melissa Franco, the DHRs deputy commissioner for enforcement, reiterated Governor Hochul’s pride and commitment to protections for workers, stating, Since the 1970s — years before the Americans with Disabilities Act — New York state has prohibited discrimination against pregnant employees in the workplace. The division will work to ensure that everyone in our state is fully afforded the rights and dignities that the law requires.\\nSeek Legal Assistance Today \\nIf you are experiencing pregnancy or disability in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. If you feel youve been subject to wrongful termination, reach out for a consultation with a New York NY employment attorney.","excerpt":"<p>Last month, the New York State Division of Human Rights (NY DHR) filed a complaint accusing Amazon of pregnancy and disability discrimination across the state. In the complaint, the division asserts that Amazon maintains a policy that wrongfully denies workplace accommodations to pregnant and/or disabled employees, and at times, forces them to take unpaid leave&hellip;</p>\\n"},{"id":10946,"path":"/blog/have-you-experienced-pregnancy-discrimination-in-the-workplace-call-or-live-chat-today","slug":"have-you-experienced-pregnancy-discrimination-in-the-workplace-call-or-live-chat-today","modified":"2022-06-14T16:01:08","title":"Have You Experienced Pregnancy Discrimination in the Workplace? Call or Live Chat Today!","content":"Have you experienced pregnancy discrimination in the workplace or wrongful termination? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.\\n&nbsp;\\n&nbsp;","excerpt":"<p>&nbsp; Have you experienced pregnancy discrimination in the workplace or wrongful termination? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&hellip;</p>\\n"},{"id":10937,"path":"/blog/used-car-retailer-carvana-fuels-panic-with-2500-layoffs","slug":"used-car-retailer-carvana-fuels-panic-with-2500-layoffs","modified":"2022-06-14T15:58:29","title":"Used Car Retailer Carvana Fuels Panic with 2,500 Layoffs","content":"Last month, online used-car retailer Carvana cut 12% of its workforce in a mass layoff of 2,500 employees. Many of the impacted workers were let go via Zoom, recalling an incident from last December during which Better.com fired over 900 employees in similar fashion.\\nAftermath of the Mass Layoff\\nCarvana’s announcement was met with disappointment and disbelief, much of which was voiced on social media. “Carvana is just the next company to opt for the mass chaotic zoom firingwhy are we still firing people this way?” one Twitter user asked. According to Reuters, affected employees will receive a one-month severance package and an additional week of pay for every year that they had been with the company. The company also said that its executives will forego their salaries for the rest of 2022 to help fund this severance pay.\\nIn an arguably ill-timed press release, Carvana announced its $2.2 billion acquisition of vehicle auction business ADESDA on the same day as the layoffs. According to a Fortune article, the auto dealer hopes to use ADESA’s 56 facilities to rebound from its precarious position and expand growth into new markets.\\nCarvana’s Fall from Grace \\nPreviously branded as the “Amazon of Car Dealers,” Carvana flourished during the pandemic, as customers opted for the online car vendor over brick-and-mortar dealerships. Starting in late 2021, however, Carvana’s business boom reached the end of the road as the pandemic ebbed and economy-wide inflation ensued. The mass layoff came just a few weeks after the company posted a $506 million loss in the first quarter. According to ABC15, Carvana CEO Ernie Garcia attributed the layoffs to the company’s recent financial struggles, a larger automotive recession, and the company’s desire to align expenses with sales. Since January, Carvana shares have fallen 90% to $26.52 and now rank among those with the largest percentage declines since their last closing price.\\nNY Warn Act Guidelines\\nLayoffs of the magnitude present in the case of Carvana must comply with state labor laws. In New York, the New York Worker Adjustment and Retraining Notification Act (NY WARN Act) requires employers with 50 or more employees to provide notice 90 days in advance of a mass layoff, relocation, or closure. The WARN Act applies to:\\n\\nMass layoffs: This includes a layoff of at least 25 full-time employees or at least 250 employees at a single employment site. This applies only if the layoff is expected to last over six months. \\nReduction of hours: The law also applies if at least 25 full-time employees or at least 250 employees have their hours reduced by more than 50% each month for six months or longer. \\nClosure of employment site: The final instance is the permanent or temporary closure of a single site of employment that results in an employment loss for 25 or more full-time employees in a 30-day period.\\n\\nFor more information about the NY WARN Act, check out our recent blog.\\nSeek Legal Assistance Today\\nIf you were terminated in a mass layoff without warning, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, online used-car retailer Carvana cut 12% of its workforce in a mass layoff of 2,500 employees. Many of the impacted workers were let go via Zoom, recalling an incident from last December during which Better.com fired over 900 employees in similar fashion. Aftermath of the Mass Layoff Carvana’s announcement was met with disappointment&hellip;</p>\\n"},{"id":10928,"path":"/blog/experiencing-gender-discrimination-in-the-workplace","slug":"experiencing-gender-discrimination-in-the-workplace","modified":"2022-06-07T11:34:22","title":"Experiencing Gender Discrimination in the Workplace?","content":"If you believe you have been discriminated against on the basis of gender, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our discrimination attorneys will meet with you in private, assess the facts and the law, and work with you to define a reasonable plan of action.","excerpt":"<p>If you believe you have been discriminated against on the basis of gender, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our discrimination attorneys will meet with you in&hellip;</p>\\n"},{"id":10903,"path":"/blog/do-you-have-unpaid-wages-or-overtime-call-or-live-chat-today-2","slug":"do-you-have-unpaid-wages-or-overtime-call-or-live-chat-today-2","modified":"2022-06-02T14:07:09","title":"Do You Have Unpaid Wages or Overtime? Call or Live Chat Today!","content":"Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize&hellip;</p>\\n"},{"id":10908,"path":"/blog/u-s-mens-and-womens-soccer-teams-to-be-paid-equally-under-new-deal","slug":"u-s-mens-and-womens-soccer-teams-to-be-paid-equally-under-new-deal","modified":"2022-06-02T14:02:12","title":"U.S. Men’s and Women’s Soccer Teams to Be Paid Equally under New Deal","content":"Last month, the U.S. Soccer Federation released a statement regarding the implementation of a new collective bargaining agreement. Under this new agreement, which will be in effect until 2028, both the U.S. Men’s and Women’s National Teams will be paid equally. According to an article published on NPR, this decision follows the settlement of the lengthy pay dispute filed by the women’s team back in 2016 concerning the pay gap between male and female players. In the announcement released by the organization, the new collective bargaining agreement will include splitting the World Cup prize money equally between both teams. \\nThe New Deal Following the U.S. Women’s Soccer Team Equal Pay Lawsuit Settlement \\nAccording to a different NPR article, also published on NPR, the complaints in the 2016 equal pay lawsuit were made by five female members on the national team. The article noted that the members of the womens team were paid “thousands of dollars less than the men at nearly every level of competition.” Several female players also sued the organization in March of 2019, pointing to the pay gap between themselves and their male counterparts, despite the women’s team being more successful on the field. These claims, however, were dismissed by a federal judge, who allegedly justified the difference in compensation to the “structure of men’s and women’s contracts.” The players appealed the decision in 2021, asking the judge to revisit their performance on the field in comparison to the men’s team. Furthermore, the players advocated for the establishment of a new collective bargaining agreement. \\nThe settlement was reached in February with a promise to compensate both teams equally and “give the women’s team $22 million in back pay.” The two teams will also split the earnings from the World Cup prize money equally along with any commercial and ticket revenue. Members of the team expressed their positive thoughts on the outcome of the dispute stating the organization’s achievement in evidently displaying their “One Nation, One Team” anthem. \\nFederal and State Laws on Equal Pay and Gender Discrimination \\nThere are federal and state laws that protect individuals from unequal pay based on gender discrmination within the workplace. According to the Equal Pay Act (EPA), employers are required to provide equal pay for equal work for both men and women in the same workplace. In addition to EPA, Title VII of the Civil Rights Act of 1964 also prohibits employers from discriminating against their employees based on sex in pay and benefits. Several states, including New York and New Jersey, acknowledge and uphold this law.\\nSeek Legal Assistance Today \\nIf your employer has discriminated against you based on gender, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, the U.S. Soccer Federation released a statement regarding the implementation of a new collective bargaining agreement. Under this new agreement, which will be in effect until 2028, both the U.S. Men’s and Women’s National Teams will be paid equally. According to an article published on NPR, this decision follows the settlement of the&hellip;</p>\\n"},{"id":10890,"path":"/blog/former-allstate-employee-files-class-action-lawsuit-alleging-overtime-violations","slug":"former-allstate-employee-files-class-action-lawsuit-alleging-overtime-violations","modified":"2022-05-31T16:22:27","title":"Former Allstate Employee Files Class Action Lawsuit Alleging Overtime Violations","content":"In a class action lawsuit filed in an Illinois federal court against Allstate, former employee Nadia Ward sues the company for allegedly violating the Fair Labor Standards Act (FLSA). Ward, who has worked for Allstate for approximately nine months, claims she did not receive full compensation for the overtime hours she worked following the 2021 Kronos ransomware attack. Since the hack, Ward alleges that she and other employees at the company were paid less than the federally required time-and-a-half payment for their overtime hours. According to an article published on Top Class Actions, Ward plans to file suit on behalf of “nonexempt employees of Allstate who worked in the United States any time after the Kronos hack on Dec. 11, 2021.”\\nThe Kronos Attack and Overtime Lawsuits against Several Companies That Ensued \\nIn December of 2021, Kronos Inc. settled a lawsuit against affected workers in the state of Illinois, following the hack of the company’s payroll and timekeeping system for $15.3 million. The workforce management company was accused of “collecting workers’ biometric data without their consent and storing that data longer than is legal,” and thus violating Illinois state laws. Ward notes that Allstate has had trouble regulating and maintaining an accurate account of its payroll and timekeeping because it did not institute a new system after the hack. Ward states that Allstate used previous pay periods and estimates of the hours employees had worked to “avoid paying proper wages to non exempt hourly and salaried employees.” Ward claims that the company would duplicate amounts from old paychecks and would disregard overtime hours or compensate its workers inadequately, according to an article published on Law360. She also alleges in the suit that several employees were “not even paid for all their non overtime wages for hours worked in certain workweeks.”\\nAllstate is not the first company to have dealt with complaints of improperly paying their employees after the Kronos cyber attack. Companies such as Giant and PepsiCo, both affected by the attack, faced class action lawsuits for allegedly failing to accurately compensate their workers for the overtime hours they worked. \\nFederal and State Laws on Overtime Regulations \\nThere are federal and state laws that protect individuals from wage violations in the workplace. According to the Fair Labor Standards Act (FLSA), employees are entitled to receive overtime pay for any hours worked over 40 per workweek at a “rate not less than one and a half times the regular rate of pay.” Several states, including New York and New Jersey, acknowledge and uphold this law. Both state and federal regulations regarding overtime pay are in place to prohibit employers from refusing to pay their employees their rightfully earned wages. \\nSeek Legal Assistance Today \\nIf your employer has refused to accurately compensate you for your overtime hours, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In a class action lawsuit filed in an Illinois federal court against Allstate, former employee Nadia Ward sues the company for allegedly violating the Fair Labor Standards Act (FLSA). Ward, who has worked for Allstate for approximately nine months, claims she did not receive full compensation for the overtime hours she worked following the 2021&hellip;</p>\\n"},{"id":10895,"path":"/blog/overtime-lawsuit-filed-against-geico-granted-class-action-status","slug":"overtime-lawsuit-filed-against-geico-granted-class-action-status","modified":"2022-05-31T16:21:21","title":"Overtime Lawsuit Filed Against GEICO Granted Class Action Status","content":"In April, a federal judge granted class action status to a lawsuit filed by former GEICO claim adjuster Marc Pugliese accusing the company of violating state and federal overtime laws. Pugliese originally filed the lawsuit the U.S. District Court for Massachusetts in October 2021, claiming that GEICO pressured employees not to report any overtime hours they may have worked, despite the fact that workers in his position routinely worked overtime. Pugliese is also accusing the company of not paying employees for working through their 45-minute lunch break. According to a recent article on the lawsuit, “Pugliese claims the insurer directed him and other adjusters to always report working 7.75 hours each workday, or 38.75 hours each week, even though they ‘regularly and customarily’ put in eight to 10 hours a day, or as many as 50 hours a week.” This was an attempt on the part of GEICO to keep adjusters’ hours under 40 per week in order to avoid paying them time and a half wages for any hours worked over 40, as mandated by the Fair Labor Standards Act (FLSA) and the Massachusetts Wage Act (MWA).\\n\\nGEICO Pressures Workers Not to Report Hours\\nAccording to the complaint, GEICO employed “intimidation tactics and implied adverse employment consequences” in order to keep the adjusters’ hours under 40 per week. The suit accuses the insurer of creating a work environment in which workers who needed more than 7.75 hours a day to complete their duties were considered to be underperforming. In this way, GEICO was able to discourage workers from reporting their honest hours. According to the lawsuit, this pressured the workers “to stay quiet and allow GEICO to steal their hours/wages rather than speak up, complain about additional compensable work hours, and risk a poor workplace reputation, negative performance reviews, and risk additional negative workplace consequences.”\\nClass Action Certification\\nAfter the complaint was filed, Michael Loughlin, another claim adjuster who worked for GEICO for three years in the same area as Pugliese, was added to the suit as a second plaintiff. As previously mentioned, the suit was recently certified as a class action lawsuit by District Court Judge Denise J. Casper. The class includes all auto, residential, and catastrophic damage adjusters who worked for GEICO between October 2018 and March 2021 in Massachusetts. Casper noted case law stating that “an employer’s formal policy or process for reporting overtime will not protect the employer if the employer prevents or discourages accurate reporting in practice.” According to a recent article, the lawsuit “seeks unpaid overtime wages that it says are owed to more than 50 current and former adjusters, as well as applicable statutory damages.” \\nGEICOs Response to Lawsuit\\nGEICO has denied all allegations brought forth in the lawsuit. They accused Pugliese of hiding “his actual hours of work to cover performance and productivity deficiencies.” The company also stated in opposing class action certification that “it is legal for an employer to prohibit or limit overtime,” and to “evaluate its employees’ performance based on their efficiency.”\\nSeek Legal Assistance Today \\nIf you have unpaid overtime wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In April, a federal judge granted class action status to a lawsuit filed by former GEICO claim adjuster Marc Pugliese accusing the company of violating state and federal overtime laws. Pugliese originally filed the lawsuit the U.S. District Court for Massachusetts in October 2021, claiming that GEICO pressured employees not to report any overtime hours&hellip;</p>\\n"},{"id":10867,"path":"/blog/has-your-employer-refused-to-pay-your-overtime-wages-contact-us-today","slug":"has-your-employer-refused-to-pay-your-overtime-wages-contact-us-today","modified":"2022-05-27T10:42:29","title":"Has Your Employer Refused to Pay Your Overtime Wages? Contact Us Today!","content":"Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&hellip;</p>\\n"},{"id":10873,"path":"/blog/have-you-experienced-harassment-in-the-workplace-call-or-live-chat-our-office-today","slug":"have-you-experienced-harassment-in-the-workplace-call-or-live-chat-our-office-today","modified":"2022-05-27T10:41:28","title":"Have You Experienced Harassment in the Workplace? Call or Live Chat Our Office Today!","content":"Have you experienced sexual harassment in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Have you experienced sexual harassment in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize&hellip;</p>\\n"},{"id":10876,"path":"/blog/the-wonder-years-star-fred-savage-fired-for-sexual-misconduct","slug":"the-wonder-years-star-fred-savage-fired-for-sexual-misconduct","modified":"2022-05-27T10:38:58","title":"“The Wonder Years” Star Fred Savage Fired for Sexual Misconduct","content":"Earlier this month, it was announced that “The Wonder Years” star Fred Savage has been fired from his position as executive producer and director of the recent “The Wonder Years” reboot following sexual misconduct accusations. The details regarding the nature of the allegations against Savage remain unclear. However, he did undergo an internal investigation following the complaints. A spokesperson for 20th Television, also the production company for the series, stated, “recently, we were made aware of allegations of inappropriate conduct by Fred Savage, and as is policy, an investigation was launched. Upon its completion, the decision was made to terminate his employment as an executive producer and director of ‘The Wonder Years.’ ” Savage has not publicly commented on his termination. \\nSavages History in the Industry\\nSavage starred in the original “The Wonder Years” series, playing a suburban middle-class teenage boy in the 1960s and 1970s. After this role, he furthered his career by directing “Modern Family” and assisted with producing multiple episodes of “It’s Always Sunny in Philadelphia.” The reboot he was recently directing and producing aired on ABC last fall. The series tells the story of a young Black boy from a middle-class family living in Montgomery, Alabama in the same time period as the original “The Wonder Years.” Initially, Savage was not going to be involved in the reboot, saying, “I had to kind of get over myself a bit and realize that we were telling a new story.” However, he eventually decided to produce and direct the show. \\nThis is not the first time Savage has faced allegations of sexual misconduct. According to a recent Washington Post article, “in 1993, a former costume designer on the set of “The Wonder Years” filed a sexual harassment lawsuit against then-16-year-old Savage and his co-star Jason Hervey, who played Wayne Arnold, claiming the two physically and verbally harassed her . . .” Savage denied these allegations, eventually reaching a settlement. In 2018, a costume designer from Fox’s “The Grinder” filed a lawsuit against both Savage and Fox, accusing them of discrimination and gender harassment. She claimed that Savage hit her in the arm while she was dusting his suit. An investigation followed after which Fox found no evidence to support these allegations and defended Savage against these claims. \\nLaws On Sexual Harassment in the Workplace\\nThere are federal, state, and city laws that forbid sexual harassment in the workplace. Federally, the Civil Rights Act of 1964 outlaws sexual harassment as an illegal form of sex discrimination. Many states have additional protections against sexual harassment in the workplace. For example, New York State mandates that employers of one or more employees must have anti-sexual harassment training for all workers. Also, the New York State Human Rights Law does not require sexual harassment to be severe or pervasive to be against the law. This New York protection allows for more employees to take legal action against sexual harassment in the workplace.\\nSeek Legal Assistance Today \\nIf you are experiencing sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment attorneys are based in New York, NY, and Livingston, NJ, and work with clients throughout the region on employment issues, not only sexual harassment but other types of employment issues such as unpaid wages and overtime, discrimination, and FMLA issues.\\n \\n&nbsp;","excerpt":"<p>Earlier this month, it was announced that “The Wonder Years” star Fred Savage has been fired from his position as executive producer and director of the recent “The Wonder Years” reboot following sexual misconduct accusations. The details regarding the nature of the allegations against Savage remain unclear. However, he did undergo an internal investigation following&hellip;</p>\\n"},{"id":10846,"path":"/blog/twitters-ceo-fires-two-execs-amidst-elon-musks-buyout-deal","slug":"twitters-ceo-fires-two-execs-amidst-elon-musks-buyout-deal","modified":"2022-05-23T20:29:52","title":"Twitter’s CEO Fires Two Execs Amidst Elon Musk’s Buyout Deal","content":"Following Elon Musk’s announcement to buy Twitter for $44 billion, two executives of the company were let go. According to an article published on ABC News, two high-level executives were unexpectedly fired from the social media company in a memo from Twitter’s CEO, Parag Agrawal. Kayvon Bekpour, who led the company’s consumer position and Bruce Falck, who oversaw revenue, both took to Twitter to share the news. Beykpour, who was on paternity leave at the time, tweeted saying that he was “leaving the company after over 7 years” and that it wasn’t “how and when [he] imagined leaving Twitter.” \\nThe Basis of Beykpour and Falck’s Termination and Their Response \\nAccording to the article, Beykpour shared that Agrawal asked him to leave, saying that “he wants to take the team in a different direction.” Falck echoed Beykpour’s tweet stating that he too was let go from the company after five years and updated his bio to read “unemployed.” Both Beykpour and Falck further shared their numerous accomplishments that they achieved while working at the company and their appreciation for their team. In a similar article posted on the matter, Beykour mentioned that he is still on paternity leave and does yet know where his career is headed next. Agrawal responded to Beykpour’s tweets sharing his gratitude for the work that he has done: “your impact will be felt for a long time, by many people.”\\nThe article also mentions that Agrawal also took paternity leave recently after assuming the CEO position and received criticism for doing so by other executives at the company. Argrawal did comment on this matter, saying there would not be any more layoffs until the transfer of the company to Musk is completed. There are speculations that Musk, who holds a reputation for being a “workaholic,” may alter Twitter’s policy for employee paternity leave, which currently stands at 20 weeks. \\nFederal and State Laws on Parental Leave Rights \\nAlthough Agrawal declined to answer questions regarding why Beykpour was fired while on paternity leave, CEO of the Center for Parental Leave Leadership Amy Beacon expressed that “letting Beykpour go during his paternity leave is a huge misstep.” There are federal and state laws that protect employees from losing their jobs for taking parental leave. Under the Family Medical Leave Act (FMLA), eligible employees may take up 12-weeks of paternity or maternity leave. Employers are prohibited from discriminating against the parent on the basis of gender and are forbidden from retaliating against the employee for taking leave. \\nSeek Legal Assistance Today \\nIf your employer has fired or unfavorably treated you, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers are based in New York, NY, and Livingston, NJ, and represent clients throughout New York and New Jersey who need help with employment issues.","excerpt":"<p>Following Elon Musk’s announcement to buy Twitter for $44 billion, two executives of the company were let go. According to an article published on ABC News, two high-level executives were unexpectedly fired from the social media company in a memo from Twitter’s CEO, Parag Agrawal. Kayvon Bekpour, who led the company’s consumer position and Bruce&hellip;</p>\\n"},{"id":10854,"path":"/blog/private-firefighters-sue-for-unpaid-overtime","slug":"private-firefighters-sue-for-unpaid-overtime","modified":"2022-05-23T20:27:45","title":"Private Firefighters Sue for Unpaid Overtime","content":"Last month, private firefighters working for Lockheed Martin Corporations plant in Marietta, Georgia filed a lawsuit against their employer in the U.S. District Court for Northern District of Georgia. The firefighters are accusing Lockheed of not paying them their overtime wages and thus violating the Fair Labor Standards Act (FLSA). \\nGenerally, the FLSA exempts firefighters from receiving overtime. However, the complaint states that this exemption only applies to public agencies. Lockheed is a private, for-profit company; therefore, the firefighters claim that the company is legally obligated to pay its employees time-and-a-half wages for hours worked over 40 per week.\\nThe firefighters work a “24-48 schedule, meaning they work one 24-hour shift and are then off for 48 hours. This schedule operates on a three-week rotation. The firefighters work two 48-hour weeks and one 72-hour week, but never receive overtime pay for hours worked over 40 per week. According to a recent Bloomberg Law article,“Lockheed applies the same overtime policies and practices to other firefighters it employs across the country.” \\nLockheed’s Response to the Lawsuit \\nLockheed spokesperson Rob Fuller states that the companys “policy is not to comment on ongoing litigation.” Lockheed “is confident this case is without merit” and will “vigorously defend that position.” The case stands as a proposed class action lawsuit. \\nFederal and State Laws on Wage and Hour Violations\\nThere are both federal and state laws that protect employees from overtime wage violations in the workplace. According to the Department of Labor, covered nonexempt employees are entitled to a standard minimum wage and an overtime pay at a rate not less than one and one-half times the regular rate of pay required after 40 hours of work in a work week.” \\nAdditionally, New York Labor Laws further uphold FLSA regulations and suggest that employers should “understand the role of employment in dictating minimum wage, protecting workers, and providing benefits.” The state of New Jersey also acknowledges and upholds this law, stating that employees are to be paid overtime wages for “each hour of working time in excess of 40 hours in any week.” Both state and federal regulations regarding overtime pay are in place to prohibit employers from refusing to pay their employees their earned wages.\\nSeek Legal Assistance Today \\nIf you have unpaid overtime wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, private firefighters working for Lockheed Martin Corporation&#8217;s plant in Marietta, Georgia filed a lawsuit against their employer in the U.S. District Court for Northern District of Georgia. The firefighters are accusing Lockheed of not paying them their overtime wages and thus violating the Fair Labor Standards Act (FLSA).  Generally, the FLSA exempts firefighters&hellip;</p>\\n"},{"id":10837,"path":"/blog/costco-sued-by-ny-workers-for-wage-violations","slug":"costco-sued-by-ny-workers-for-wage-violations","modified":"2022-05-23T20:25:40","title":"Costco Sued by NY Workers for Wage Violations!","content":"Last month, former Costco employee, Heidi Burian, sued the retail giant on behalf of herself and other workers for violating the Fair Labor Standards Act (FLSA) and New York State law by failing to compensate them correctly and on time. The proposed class action suit was filed in the U.S. District Court for the Eastern District of New York and is said to include “hundreds, if not thousands” of Costco workers, according to the complaint. \\nWage and Hour Allegations Against Costco\\nThe workers are accusing Costco of maintaining an illegal pay practice by automatically deducting an unpaid 30-minute period from their employees’ paychecks. This was meant to be their 30-minute meal period. However, Costco would deduct this time whether the employees chose to not take this break or had to work through the 30-minute period in order to meet the demands of work. According to a recent Bloomberg Law article, “this practice resulted in unpaid overtime wages, as employees regularly worked 40 hours per week and often had to work through meal breaks . . .” \\nCostco is facing additional allegations of improperly paying their workers on a biweekly instead of a weekly basis. Manual workers are required by law to be paid weekly. According to the complaint, the Costco employees qualify as manual workers because they spend over 25% of their time at work performing physical and/or manual duties, such standing, walking around the store, and lifting and handling large items. \\nFederal and State Laws on Wage and Hour Violations\\nThere are both federal and state laws that protect employees from overtime wage violations in the workplace. According to the Department of Labor on FLSA, covered nonexempt employees are entitled to a standard minimum wage and an overtime pay at a rate not less than one and one-half times the regular rate of pay required after 40 hours of work in a work week.” Additionally, New York Labor Laws further uphold FLSA regulations and suggest that employers should “understand the role of employment in dictating minimum wage, protecting workers, and providing benefits.” Overall, both state and federal laws on overtime pay ensure that employees are legally entitled to receive adequate compensation for the hours they work. \\nSeek Legal Assistance Today \\nIf you believe you have unpaid wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers work out of New York City and New Jersey and can help you figure out the facts, the law, and your best course of action if you are facing unpaid wages or overtime issues.\\n \\n&nbsp;","excerpt":"<p>Last month, former Costco employee, Heidi Burian, sued the retail giant on behalf of herself and other workers for violating the Fair Labor Standards Act (FLSA) and New York State law by failing to compensate them correctly and on time. The proposed class action suit was filed in the U.S. District Court for the Eastern&hellip;</p>\\n"},{"id":10841,"path":"/blog/were-you-fired-while-on-parental-leave-call-or-live-chat-today","slug":"were-you-fired-while-on-parental-leave-call-or-live-chat-today","modified":"2022-05-23T20:23:06","title":"Were You Fired While on Parental Leave? Call or Live Chat Today!","content":"Were you fired while on parental leave? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Were you fired while on parental leave? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many&hellip;</p>\\n"},{"id":10818,"path":"/blog/former-athletic-trainer-sues-white-sox-for-discrimination","slug":"former-athletic-trainer-sues-white-sox-for-discrimination","modified":"2022-05-18T10:49:11","title":"Former Athletic Trainer Sues White Sox for Discrimination","content":"Earlier this month, former White Sox athletic trainer Brian Ball filed a lawsuit against the team alleging discrimination based on his sexual orientation, age, and disability status. Ball names White Sox executive vice president Ken Williams, general manager Rick Hahn, assistant general manager Jeremy Haber, and other members of White Sox management in the lawsuit, claiming that their actions resulted in significant emotional and monetary damages, as well as damage to his reputation and name.\\nBall was hired by the team in September 2000 as an assistant athletic trainer. In 2018, Williams and Haber learned that Ball was gay through undisclosed sources. Soon after, Ball was promoted to head athletic trainer following the retirement of the former head trainer. Two years later, Ball was told by management that his position was being “altered” to fit more of an administrative role. According to the lawsuit, he was told that he should not be giving any treatments to the players but directing the other trainers to do so.” \\nBall Experiences Discrimination Based on Sexual Orientation and Disability\\nLater that year, in July 2020, Ball was physically assaulted by two men. His car was also stolen in the attack, which was unrelated to the team. He was placed on medical leave by the team. According to a recent ESPN article, “Hahn made ‘continuous statements’ to athletic training personnel in September 2020 that Ball had a gambling, alcohol or drug addiction that was related to the carjacking.” The lawsuit states that none of these accusations are true. On October 26, 2020, Ball was informed that he was being dismissed from his position and was given a severance package. Ball claims that in December of 2020, an unnamed member of White Sox management reached out to him to disclose that his termination was as. a result of his sexual orientation. According to the lawsuit, the individual shared that this information was based on a knowledgeable White Sox senior management representative disclosure.” White Sox management opposed the validity of these claims, stating that Balls termination was based on his performance and did not run afoul of any of the protections afforded to employees under the law.\\nWhite Sox Response to Lawsuit\\nIn response to the lawsuit, the White Sox released a team statement: It is extremely disappointing that a former colleague, who was supported, developed and promoted over two decades, chose to attack the club in this way. It is also surprising to many who know Brian, and supported him throughout his career, to read the allegations included in his lawsuit. They went on to describe his allegations as “baseless” and expressed their intent to defend the team’s reputation. \\nSeek Legal Assistance Today \\nIf you are experiencing discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. A discrimination attorney can evaluate the facts, examine the legal issues, and work with you to decide on a course of action that meets your needs and is most likely to lead to a favorable action. Every case is different, as is every individual, so if you believe you have experienced discrimination, reach out for a free consultation, today. With offices in New York City, NY, and Livingston, NJ, our attorneys are eager to work with you!\\n \\n&nbsp;\\n&nbsp;","excerpt":"<p>Earlier this month, former White Sox athletic trainer Brian Ball filed a lawsuit against the team alleging discrimination based on his sexual orientation, age, and disability status. Ball names White Sox executive vice president Ken Williams, general manager Rick Hahn, assistant general manager Jeremy Haber, and other members of White Sox management in the lawsuit,&hellip;</p>\\n"},{"id":10829,"path":"/blog/if-you-have-experienced-discrimination-at-work-contact-our-offices-today","slug":"if-you-have-experienced-discrimination-at-work-contact-our-offices-today","modified":"2022-05-18T10:46:21","title":"If You Have Experienced Discrimination at Work, Contact Our Offices Today!","content":"If you have been discriminated against within the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. A discrimination attorney based in New York or New Jersey can look at the facts, evaluate them against the law, and help you make an educated decision as to your best options. Discrimination may take the form of race, sex, ethnicity, sexual orientation, pregnancy, etc.  you have rights in both the state of New York and of New Jersey. Reach out to an attorney for a free consultation.","excerpt":"<p>If you have been discriminated against within the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. A discrimination attorney based in New York or New Jersey can look&hellip;</p>\\n"},{"id":10815,"path":"/blog/class-action-announced","slug":"class-action-announced","modified":"2022-05-09T16:35:22","title":"Working Solutions NYC, a Team of Top-rated Employment Attorneys, Announces Nationwide Class Action on Unpaid Wages and Overtime","content":"New York, NY  April **, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on unpaid wages and overtime issues at https://www.workingsolutionsnyc.com/, is announcing details of a class action filed by the firm on behalf of COVID-19 Swabbers and Team Leads for unpaid wages and overtime against BioReference Laboratories. The action was filed in US District Court in New Jersey at https://www.njd.uscourts.gov/.\\nMany workers are not dealt with fairly when it comes to unpaid wages and/or overtime, explained Chris Q. Davis, managing partner at the law firm. We filed a Class Action Complaint on behalf of COVID-19 Swabbers and Team Leads staffed on Royal Caribbean cruises nationwide who were not paid for all of the hours they worked, and not reimbursed for all of their out-of-pocket business expenses. We plan to fight for our clients and pursue a just result.\\n\\nPersons who would like to learn more can review the information at https://www.workingsolutionsnyc.com/law-office-of-christopher-q-davis-files-nationwide-class-action-on-behalf-of-bioreference-swabbers-and-team-leads-for-unpaid-wages-and-unreimbursed-business-expenses/. Persons who would like to review the official complaint can visit /media/COMPLAINTRosenberg-et-al-v-BioReference.pdf.\\nHere is a summary of the allegations in the Class Action Complaint: Lead Plaintiff Larry Rosenberg and the Class Plaintiffs are bringing claims on behalf of all BioReference Swabbers and Team Leads who were assigned to Royal Caribbean Group cruise ships to conduct tests of cruise ship crew and passengers boarding or disembarking cruises in the cities of Bayonne, New Jersey; Los Angeles, California; Baltimore, Maryland; Miami, Florida; Fort Lauderdale, Florida; Galveston, Texas; Port Canaveral, Florida; Seattle, Washington; or Tampa, Florida.\\nThe violations alleged by Lead Plaintiff Rosenberg and the Class Plaintiffs include:\\n\\nFailing to pay for pre-boarding and post-boarding work activities and compensable waiting time before ship departure;\\nScheduling Plaintiffs for a one-hour unpaid meal break but requiring them to return to work after forty-five minutes to perform work like putting on their personal protective equipment and making other preparations so that they could begin performing tests immediately when they were back “on the clock” after lunch;\\nFailing to pay Plaintiffs for after-hours work performed “off the clock” on tasks such as performing administrative tasks, answering emails and texts, and remaining “on call” to answer the ship phone and respond to emergencies.\\n\\nPress and other interested parties seeking interview opportunities are encouraged to reach out to the law firm directly. Persons seeking employment attorneys in New York City including for unpaid wages and overtime can visit https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime/.\\nABOUT WORKING SOLUTIONS NYC\\nWorking Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY &#8211; April **, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on unpaid wages and overtime issues at https://www.workingsolutionsnyc.com/, is announcing details of a class action filed by the firm on behalf of COVID-19 Swabbers and Team Leads for unpaid wages and overtime against BioReference Laboratories. The action was&hellip;</p>\\n"},{"id":10795,"path":"/blog/kentucky-man-fired-following-panic-attack-in-response-to-unwanted-birthday-party-receives-450000","slug":"kentucky-man-fired-following-panic-attack-in-response-to-unwanted-birthday-party-receives-450000","modified":"2022-05-09T16:32:29","title":"Kentucky Man Fired Following Panic Attack in Response to Unwanted Birthday Party Receives $450,000","content":"In 2019, a Kentucky man was fired after having a panic attack in response to an unwanted office birthday celebration. Kevin Berling had been working for Gravity Diagnostics for about 10 months when he asked his manager not to plan any sort of party or celebration for his upcoming birthday, knowing that it would most likely trigger his anxiety disorder. While the manager was away, other office employees planned a birthday celebration for Berling. According to Mr. Berling’s lawyer, Tony Bucher, the “situation had quickly spiraled out of control” while the manager was away. When Mr. Berling heard about the lunchtime celebration, he had a panic attack and chose to spend his lunch break in his car to avoid the situation. \\nThe next day, his two supervisors called him into a meeting to address his “somber behavior” the previous day. The court filing states that the company claims that Berling was “violent” in this meeting and had frightened the supervisors. According to a recent New York Times article, a lawyer for the company stated that Berling “had clenched his fists, his face had turned red and he had ordered his supervisors to be quiet in the meeting, scaring them.” Bucher stated that these movements were physical coping mechanisms Berling was using to attempt to calm himself, and that while his fists were closed, they were “up around his chest, sort of closed in, almost hugging himself.” Following the meeting, Berling’s supervisors sent him home for the day, took his work keys, and told security that he should not be allowed to enter the building. Berling texted his supervisors later that day apologizing for the panic attack. \\nBerling Fired, Files Disability Discrimination Lawsuit\\nBerling was fired in an email three days later, which stated that he posed a safety threat to his coworkers. Before this incident, he received outstanding performance reviews and had never been disciplined. One month after he was fired, in September 2019, Berling filed a lawsuit against Gravity Diagnostics in Kentucky’s Kenton County Circuit Court alleging disability discrimination. After a two-day trial, which concluded earlier this year, a jury ruled that Berling had experienced an adverse employment action because of a disability and awarded him “$150,000 in lost wages and benefits and $300,000 for suffering, embarrassment and loss of self-esteem.” \\nResponse to the Ruling\\nJohn Maley, a lawyer for Gravity Diagnostics, stated that the company would be challenging the verdict of the lawsuit. They claim that one of the jurors obtained information outside of the trial. Maley also disagreed with the ruling on the grounds that the case did not meet the standard for disability discrimination, as Berling had never informed the company of his anxiety disorder or met the legal threshold for having a disability. He also stated that Berling’s employment was at-will, meaning that he could be fired for any legal reason. According to the company, these reasons included clenching his fists and telling his supervisors to be quiet. \\nIn response to the lawsuit, Julie Brazil, the founder and chief operating officer of Gravity Diagnostics, stated about the supervisors, “They were absolutely in fear of physical harm during that moment. They both are still shaken about it today.”\\nSeek Legal Assistance Today \\nIf you are experiencing disability discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our discrimination attorneys are based in New York City and New Jersey, but can work with a potential client over the phone, in person, or via Zoom.","excerpt":"<p>In 2019, a Kentucky man was fired after having a panic attack in response to an unwanted office birthday celebration. Kevin Berling had been working for Gravity Diagnostics for about 10 months when he asked his manager not to plan any sort of party or celebration for his upcoming birthday, knowing that it would most&hellip;</p>\\n"},{"id":10801,"path":"/blog/algorithmic-discrimination","slug":"algorithmic-discrimination","modified":"2022-05-09T16:28:06","title":"EEOC Pursues Case for Gig Workers in Algorithmic Age Discrimination Case","content":"The U.S. Equal Employment Opportunity Commission (EEOC) has charged the English-learning platform iTutorGroup Inc. with violation of federal age discrimination laws. The online platform pairs thousands of United States-based tutors with Chinese students to help them learn the English language.\\nSimilar to gig economy jobs available on American platforms Uber or DoorDash, the hiring process for tutors is automated, at least in part, by an algorithm. The Chinese education company is accused of directing its algorithm to automatically reject women over the age of 55 and men over the age of 60 from being hired as tutors. \\nHow Algorithms Manage Companies \\niTutorGroup Inc. is a Chinese digital platform headquartered in Shanghai. Its website boasts the company as a pioneer in online education: “We believe that the most effective way to learn is through personalized learning. To achieve this, we leverage big data analytics and use our advanced matching algorithm to seamlessly place our clients into the individualized learning experience that’s right for them.” \\nMore technology companies today exist to help automate day-to-day tasks for their users. Whether it’s delivering food and groceries, shipping packages, or hiring a dog walker, there are apps to hire someone local for almost any service. Helping to run those apps are algorithms, which companies build to connect users with workers. Uber, for instance, uses an algorithm to connect riders with the closest driver. The ride-hailing app also uses an algorithm to manage the hiring and firing of its gig workers. \\nBringing cases against algorithms can be difficult. Algorithms are considered proprietary information to companies – the “secret sauce” to what makes their product unique. As such, regulators have been deterred from inspecting algorithms to confirm they are programmed fairly. In the court case to come, litigators will need a lot of data to prove their suspicions to a court. \\nAlgorithms Used to Discriminate \\n“Age discrimination is unjust and unlawful. Even when technology automates the discrimination, the employer is still responsible,” said the EEOC Chair Charlotte A. Burrows about the iTutorGroup case. More than 200 qualified applicants were automatically denied the opportunity to work with iTutorGroup because of their age. While the platform was built in China, its operations are arguably still beholden to U.S. federal law. \\nThe case will be led by attorney Daniel Seltzer who said “The reach of the laws that the EEOC enforces is long – even fully remote workers providing services to clients abroad may well be employees who are protected from age and other types of discrimination.” As well as setting a precedent for how foreign technology companies may treat American workers in their hiring practices, the EEOC seeks “back pay and liquidated damages for the more than 200 applicants who were denied jobs because of their age.” The Commission also seeks injunctive relief, which would restrain similar companies from discriminating against workers in the future. \\nThe EEOC launched the Artificial Intelligence and Algorithmic Fairness Initiative in October 2021. The agency ensures that companies comply with federal law so that workers are protected from wrongful hiring/firing practices. This comes as more AI-driven hiring practices have been accused of biases. \\nSeek Justice with the Working Solutions Law Firm\\nIf you feel that a hiring algorithm has discriminated against you in the gig economy, then contact the Working Solutions Law Firm to speak with one of our discrimination attorneys in New York or New Jersey about your case.  Our employment law firm has locations in New York City and Livingston, NJ, with the ability to litigate across the country. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive a free consultation with a discrimination attorney.","excerpt":"<p>&nbsp; The U.S. Equal Employment Opportunity Commission (EEOC) has charged the English-learning platform iTutorGroup Inc. with violation of federal age discrimination laws. The online platform pairs thousands of United States-based tutors with Chinese students to help them learn the English language. Similar to gig economy jobs available on American platforms Uber or DoorDash, the hiring&hellip;</p>\\n"},{"id":10780,"path":"/blog/former-apple","slug":"former-apple","modified":"2022-05-04T11:28:38","title":"Former Apple Attorney Reprimanded for Reporting Domestic Abuse","content":"A former patent attorney at Apple recently published a personal article on Lioness explaining the company’s disregard for her domestic abuse claims against another co-worker. Jayna Whitt, who joined Apple in 2006 as a patent attorney and principal counsel, brought emotional and physical abuse claims forward against a co-worker whom she was romantically involved with. Whitt entered a relationship with the co-worker, whom she refers to by the alias name “Ted,” in 2012 and highlights several incidents in which she was a victim of physical and emotional harassment. These allegations were brought to Apple’s attention in 2021; however, the company closed the investigation the same year and instead reprimanded Whitt for three separate reasons. \\nAllegations Discussed in Whitt’s Personal Essay\\nIn an article published on Law360, the alleged abuse Whitt suffered from her co-worker lasted for several years and progressively got worse. In her personal essay, Whitt writes that Ted’s cycles “accelerated and escalated,” mentioning specific incidents where she was thrown on a table, grabbed by the neck, and spat on. Whitt explained that after these violent cycles, Ted would “go to greater lengths to regain her affections.” According to the article, Whitt began to question the accuracy of the stories Ted would tell her, and even hired private investigators to perform background checks on him. Her breaking point was in the year 2021, when Whitt noticed that Ted was prying into her online accounts and devices. \\nWhitt presented these claims along with evidence to an Apple employee relations representative, asserting that she had been “threatened and domestically abused” by her co-worker. The representative allegedly responded to Whitt’s claims and stated that the company could not proceed with her case without validation of the named complaints from other employees. Whitt expressed that Apple eventually closed the investigation and ‘reprimanded’ her. She highlights the company’s memo in her personal file, saying, “I was censured for allowing a personal relationship to interfere with my work, not adequately securing my devices and accounts, and being unprofessional during the investigation.” Feeling a lack of support from the company, Whitt decided to make her story public in her essay published on Lioness. \\nFederal and State Laws Against Retaliation\\nThere are federal and state laws that protect employees from retaliation. The U.S. Equal Employment Opportunity Commission (EEOC) prohibits employers from retaliating against their employees for any reason listed as a “protected activity.” In particular, it is unlawful for an employer to retaliate against an employee for filing or participating in a claim, lawsuit, or investigation. Many states, including New York and New Jersey, uphold and implement this law. \\nSeek Legal Assistance Today \\nIf your employer has retaliated against you, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. In addition, should you believe you are a victim of sexual harassment, reach out to a sexual harassment attorney.","excerpt":"<p>A former patent attorney at Apple recently published a personal article on Lioness explaining the company’s disregard for her domestic abuse claims against another co-worker. Jayna Whitt, who joined Apple in 2006 as a patent attorney and principal counsel, brought emotional and physical abuse claims forward against a co-worker whom she was romantically involved with.&hellip;</p>\\n"},{"id":10785,"path":"/blog/working-in-a-toxic-environment-contact-us-today","slug":"working-in-a-toxic-environment-contact-us-today","modified":"2022-05-04T11:24:58","title":"Working in a Toxic Environment? Contact Us Today!","content":"Are you experiencing a toxic work environment? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Are you experiencing a toxic work environment? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in&hellip;</p>\\n"},{"id":10764,"path":"/blog/law-office-of-christopher-q-davis-files-nationwide-class-action-on-behalf-of-bioreference-swabbers-and-team-leads-for-unpaid-wages-and-unreimbursed-business-expenses","slug":"law-office-of-christopher-q-davis-files-nationwide-class-action-on-behalf-of-bioreference-swabbers-and-team-leads-for-unpaid-wages-and-unreimbursed-business-expenses","modified":"2022-05-03T11:08:40","title":"Working Solutions Law Firm files nationwide class action on behalf of BioReference Swabbers and Team Leads for Unpaid Wages and Unreimbursed Business Expenses","content":"The Working Solutions Law Firm recently filed a class action lawsuit against BioReference Laboratories on behalf of current and former COVID-19 Swabbers and Team Leads (or “Plaintiffs”) staffed on Royal Caribbean cruises nationwide who were not paid for all of the hours they worked, and not reimbursed for all of their out-of-pocket business expenses. \\n\\nHere’s a summary of the allegations in our Class Action Complaint:\\nLead Plaintiff Larry Rosenberg and the Class Plaintiffs are bringing claims on behalf of all BioReference Swabbers and Team Leads who were assigned to Royal Caribbean Group cruise ships to conduct tests of cruise ship crew and passengers boarding or disembarking cruises in the cities of Bayonne, New Jersey; Los Angeles, California; Baltimore, Maryland; Miami, Florida; Fort Lauderdale, Florida; Galveston, Texas; Port Canaveral, Florida; Seattle, Washington; or Tampa, Florida.\\nThe violations alleged by Lead Plaintiff Rosenberg and the Class Plaintiffs include:\\n\\nFailing to pay for pre-boarding and post-boarding work activities and compensable waiting time before ship departure;\\nScheduling Plaintiffs for a one-hour unpaid meal break but requiring them to return to work after forty-five minutes to perform work like putting on their personal protective equipment and making other preparations so that they could begin performing tests immediately when they were back “on the clock” after lunch;\\nFailing to pay Plaintiffs for after-hours work performed “off the clock” on tasks such as performing administrative tasks, answering emails and texts, and remaining “on call” to answer the ship phone and respond to emergencies.\\n\\nBioReference classified all Swabbers and Team Leads inconsistently – they classified some as W2 employees while others were misclassified as independent contractors. Despite this, for all swabbers working for BioReference on Royal Caribbean cruises, including misclassified independent contractors, the conditions of employment were nearly identical.\\nIf you are looking for information on the lawsuit, please review our filed Complaint. We look forward to pursuing our clients claims in court.","excerpt":"<p>The Working Solutions Law Firm recently filed a class action lawsuit against BioReference Laboratories on behalf of current and former COVID-19 Swabbers and Team Leads (or “Plaintiffs”) staffed on Royal Caribbean cruises nationwide who were not paid for all of the hours they worked, and not reimbursed for all of their out-of-pocket business expenses.  Here’s&hellip;</p>\\n"},{"id":10741,"path":"/blog/frontier-reaches-settlement-in-recent-pregnancy-discrmination-lawsuit","slug":"frontier-reaches-settlement-in-recent-pregnancy-discrmination-lawsuit","modified":"2022-04-29T15:56:09","title":"Frontier Reaches Settlement in Recent Pregnancy Discrmination Lawsuit","content":"Following two pregnancy discrimination lawsuits in a span of two years, Frontier Airlines reached an agreement to reassess its policies regarding pregnant and nursing employees earlier this week. Frontier faced these lawsuits after several women who were pregnant, breastfeeding, or had recently given birth accused the airline of discrimination. In the recent lawsuit, filed in the Colorado District Court, three flight attendants who were pregnant and nursing claimed they were forced to take unpaid leave. According to a Law360 article on the matter, Frontier and the American Civil Rights Union (ACLU) released a joint statement regarding the airline’s promise to strengthen and improve its pregnancy policies and accommodations. \\nAllegations Named in the Suit \\nThe article notes the three claims brought forth by the flight attendants against the company for not providing alternative work that would allow employees to continue working, prohibiting women from flying after reaching 32 weeks of pregnancy, refusing to give breaks, and delegating sanitary spaces for nursing women. The plaintiffs collectively spoke out against these policies, stating that they were “serious penalties”for women who couldn’t comply both in and outside of the workplace. These allegations are similar to the initial lawsuit launched against the airline in December of 2019. Several Frontier pilots presented individual claims challenging the company’s policies around pregnant and nursing workers accusing the airline of violating Federal Aviation Authority law. The suit, which is still ongoing, specifically addresses federal regulations on granting breaks for pilots to “meet physiological needs.”\\nAccording to the settlements reached in court last week, Frontier agreed to refine multiple policies to include pregnancy-related absences under the Family and Medical Leave Act (FMLA) without taking disciplinary measures. Additionally, Frontier agreed to better accommodate its workers’ circumstances around not being able to fly during certain points in their pregnancy. The airline also mentioned its desire to enhance lactation sites in its base locations and allow flight attendants to safely pump while flying. \\nFederal and State Laws on Pregnancy Related Discrimination \\nThere are federal and state laws that protect employees from pregnancy-related discrimination in the workplace. According to the U.S. Equal Employment Opportunity Commission, the Pregnancy Discrimination Act of 1978 (PDA) forbids employers from discriminating against female employees based on pregnancy and/or subsequent medical issues. This includes any “aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.” Under the PDA, an employer must provide equal accommodations for these employees as it would for workers who have other kinds of disabilities. \\nSeek Legal Assistance Today \\nIf your employer has unfavorably treated you based on pregnancy and related medical conditions, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our discrimination attorneys can help with a range of discrimination issues in employment, ranging from employment to sexual harassment to racial discrimination. If you believe you may be a victim of discrimination in the workplace, reach out to our team of attorneys for a free, confidential consulation.","excerpt":"<p>Following two pregnancy discrimination lawsuits in a span of two years, Frontier Airlines reached an agreement to reassess its policies regarding pregnant and nursing employees earlier this week. Frontier faced these lawsuits after several women who were pregnant, breastfeeding, or had recently given birth accused the airline of discrimination. In the recent lawsuit, filed in&hellip;</p>\\n"},{"id":10749,"path":"/blog/workers-sue-pepsico-in-class-action-lawsuits-for-unpaid-wages-following-cyberattack","slug":"workers-sue-pepsico-in-class-action-lawsuits-for-unpaid-wages-following-cyberattack","modified":"2022-04-29T15:52:25","title":"PepsiCo Faces Unpaid Wages Class Action Lawsuit Following Cyberattack","content":"In December 2021, a cyberattack struck the beverage giant PepsiCo, locking workers out of their timekeeping system. The hack left workers without a reliable way to clock in and out of their shifts and disrupted the company’s ability to track employees wages and hours. Rather than creating a new system for effective timekeeping, PepsiCo opted to self-estimate the hours worked through at least December 2021. Now, a class action suit filed in Pennsylvania, among other states, argues that PepsiCo undercounted hours and underpaid their workers during its afflicted outage. \\nCyber Attacks in the Workplace\\nToday, the modern workforce is equipped with IT devices, automatic systems, and remote work options. Internet tools have helped to streamline many day-to-day operations, like tracking hours worked, compensating overtime wages, and paying workers with direct deposits. But the workforce has also faced a growing number of cyber attacks. Such attacks have inflicted serious consequences on workers and the rest of the economy. \\nThe United States, in 2020, was the victim of 57% of all cyber attacks in the world. Bad actors have made a particular target of the country’s foundational sectors, including healthcare, manufacturing, and the government. \\nIt has become increasingly important for companies to prepare for cyberattacks. It is recommended businesses have alternative systems in place so that unfortunate cyber events may not completely disrupt services. FEMA has offered a series of recommendations on how to prepare and prevent hacks from causing such disarray. \\nThe Attack at PepsiCo \\nAs workers were gearing up for the holiday season, PepsiCo became the regrettable victim of a hack on its Kronos timekeeping system. Once compromised by the ransomware, workers company-wide were unable to clock in and out of their shifts with the automatic, digital system. The company was unprepared to track workers’ hours with an alternative system, and chose not to install one in the meantime. Instead, PepsiCo decided to estimate hours worked in 2021 based on past pay periods and other imprecise methods. \\nThe Class-Action Case to Recover Wages \\nNow, workers in a Pennsylvania plant are taking on their employer in a class-action lawsuit to recover missed wages and other damages. During the holiday season, many PepsiCo workers increased their hours worked to help the company prepare for its influx of business, as well as their own plans for the gift-giving season. But plaintiffs in the case allege PepsiCo paid workers less than they worked in the workweek, including overtime hours. In the recent suit filed in Pittsburghs federal court, PepsiCo pushed the cost of the Kronos hack onto the most economically vulnerable people in its workforce.\\nThe complaint continues, “Many employees were not even paid their non-overtime wages for hours worked before 40 in a workweek. Additionally, the lawsuit describes PepsiCo paying an inaccurate rate for overtime hours. By law, companies must compensate overtime wages at a 1.5 times rate. PepsiCo allegedly did not fulfill its baseline financial obligation to workers or the law. \\nPepsiCo is being sued in violation of a number of laws including the Pennsylvania Minimum Wage Act, the states Wage Payment and Collection Law, and the Fair Labor Standards Act (FLSA) for failing to pay workers properly. \\nThe class-action lawsuits, of which there are several across different states, could result in substantial awards. \\nSeek Legal Assistance Today \\nIf your employer has underpaid any of your owed wages, including unpaid overtime, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Only a licensed employment lawyer in New York or New Jersey can evaluate the facts, look at the law, and advise you on the best course of action.","excerpt":"<p>In December 2021, a cyberattack struck the beverage giant PepsiCo, locking workers out of their timekeeping system. The hack left workers without a reliable way to clock in and out of their shifts and disrupted the company’s ability to track employees&#8217; wages and hours. Rather than creating a new system for effective timekeeping, PepsiCo opted to&hellip;</p>\\n"},{"id":10747,"path":"/blog/working-solutions-nyc-announces-updated-content-on-identifying-an-attorney-for-a-severance-dispute-in-new-york-city","slug":"working-solutions-nyc-announces-updated-content-on-identifying-an-attorney-for-a-severance-dispute-in-new-york-city","modified":"2022-04-29T15:45:37","title":"Working Solutions NYC Announces Updated Content on Identifying an Attorney for a Severance Dispute in New York City","content":"New York, NY  April 29, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey, is proud to announce new content on identifying an attorney for a severance dispute.\\nWhen confronted with a potential severance agreement, many employees in New York City can be overwhelmed, explained Chris Q. Davis, managing partner at the law firm. Employers often have a team of lawyers who draft these agreements to their favor, so our newly updated page helps employees take steps to learn about severance agreements and, especially, how to go about finding a best-in-class severance attorney in New York City.\\nPersons who would like to read the newly updated content can visit https://www.workingsolutionsnyc.com/for-employees/new-york-city-severance-agreements/. The page has new question and answer formatting, which allows a potential client to skim many issues that come into play during a potential severance package. Many employees start their journey by first questioning the issues and motivations around a severance package. Next, they turn to Internet articles and blog posts on severance law in New York and New Jersey. Finally, if desired, they seek out the best severance attorney in New York City or environs and usually have a no obligation consultation. The facts can be onerous and the law complex, thus making it useful to have a trained set of legal eyes evaluate the facts and the law and assist in potential steps. Only a trained attorney can give legal advice, of course, so nothing on the website or any blog post should be construed in that fashion. The best step is to reach out for a private, confidential, one-on-one consultation with an attorney. Persons who want to first browse the website and learn about the employment lawyers and learn that with law firm offices in both New York NY and Livingston NJ, the firm is easy to access. Indeed, phone and web consultations are available. A trained employment lawyer can evaluate the facts and law and give sound advice on the next, reasonable course of action.\\nABOUT WORKING SOLUTIONS NYC\\nWorking Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY &#8211; April 29, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey, is proud to announce new content on identifying an attorney for a severance dispute.</p>\\n"},{"id":10714,"path":"/blog/massachusetts-supreme-court-triples-wage-protections-for-workers","slug":"massachusetts-supreme-court-triples-wage-protections-for-workers","modified":"2022-04-26T12:05:40","title":"Massachusetts Supreme Court Triples Wage Protections for Workers","content":"Earlier this month, the Massachusetts Supreme Court Justices ruled that employees terminated in the state are entitled to triple their accrued wages if employers do not settle financial obligations the same day they separate. This is a significant decision that holds employers accountable for their employees’ due earnings without delay. \\nThe Wage Case with Haste \\nIn Reuter v. City of Methuen, a female custodian working for a local school district was convicted of larceny and subsequently terminated from her position. When the woman was finally relieved, the school still owed the plaintiff for her unused vacation time. The district did not reimburse the plaintiff for this time until three weeks later. \\nThe Massachusetts Wage Act covers vacation time guaranteed in any verbal or written contracts. The defending school district recognized it did not promptly compensate the plaintiff for her vacation time. In calculating their amount owed, the school tripled accrued interest for the three-week delay. Prior case law supported that the Wage Act only required employers to triple interest amounts owed in unpaid wages, as opposed to total wages. In Reuter v. City of Methuen, this interest-only interpretation was appealed to the Massachusetts Supreme Court. The state Supreme Court verified that employers would be obligated to triple all amounts owed, not just accumulated interest. Unpaid wages are strictly due the day an employee is “involuntarily separated” from their position. Employers must settle their financial obligations to employees, regardless to the reason for termination, or else be held substantially liable. \\nImplications for Employers \\nIn the case that closed April 4, 2022, the Massachusetts Supreme Court held that employers in the state must immediately settle any unpaid wages the day an employee is removed from their position. Whether it be one day or one year late, employers will be liable for triple the total amounts owed  not just interest. Unpaid wages of any sort are unlawfully burdensome for employees and fair grounds for a lawsuit. \\nThere are no exceptions. The Wage Act protects all employees equally, without concern for the reason they are removed from their position. Furthermore, the statute also protects employees who work remotely. Employers who wish to separate from any of their employees must be prepared to deliver any excess amounts owed themselves. Third-party services that are often used to direct deposit paychecks may be obstacles to quickly fulfilling obligations. This urges employers to be thoughtful about terminating employees without notice. \\nProtections for Employees \\nEmployees in Massachusetts can now operate comfortably knowing that any impending termination will come with the paycheck they are owed. The significant burden unpaid wages impose onto workers is insured with triple damages.\\nSeek Legal Assistance Today \\nIf you are suffering due to unpaid wages from a former employer, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Earlier this month, the Massachusetts Supreme Court Justices ruled that employees terminated in the state are entitled to triple their accrued wages if employers do not settle financial obligations the same day they separate. This is a significant decision that holds employers accountable for their employees’ due earnings without delay.  The Wage Case with Haste   In&hellip;</p>\\n"},{"id":10724,"path":"/blog/apple-workers-secure-30-million-in-decade-long-wage-lawsuit","slug":"apple-workers-secure-30-million-in-decade-long-wage-lawsuit","modified":"2022-04-26T12:04:26","title":"Apple Workers Secure $30 Million in Decade-Long Wage Lawsuit","content":"In November of last year, Apple workers finally ended a decade-long wage lawsuit against the tech giant. The lawsuit, originally filed in 2013, accused Apple of underpaying workers by forcing them to clock out before bag searches at the end of the day. Apple conducted these bag searches to ensure that employees were not stealing products. Workers alleged that these searches could take up to an hour. In 2015, Senior U.S. District Judge Alsup sided with Apple, ruling that these bag checks could have been avoided if employees did not bring bags to work. After this ruling was issued, the California Supreme Court ruled that under California’s Wage Order 7, workers should have been paid for the time spent searching their bags. Wage Order 7 states that employees should be paid for all hours worked, even if some of that time is not directly related to job duties. \\nApple Reaches Settlement With Workers\\nFinally, in 2020, the Ninth Circuit reversed Judge Alsups’s ruling and sided with the California Supreme Court. They ruled that any time spent on the employer’s property should be compensated, which includes the time spent searching bags. In April 2021, Judge Alsup awarded summary judgment to the Apple workers, and they reached a $29.9 million settlement with Apple in November. Additionally, Law360 reported that “The class counsel also secured a published and binding California Supreme Court decision, which essentially serves as an injunction against Apple from continuing to underpay workers for searches if the company ever re-instituted the policy.” \\nThe workers and class counsel are currently engaged in a dispute with the court regarding attorney fees. According to the Law360 article, the workers “asked a California federal judge to approve a $10 million class counsel award, arguing the attorneys achieved an ‘outstanding’ result to justify the fee thats already been chided by the judge.”\\nLawsuits Filed Against Apple and Other Tech Companies\\nThis is not the first time Apple has faced a lawsuit filed by former employees. In recent years, Apple has faced accusations of wrongful termination, wage and hour violations, and other allegations. One former employee started the #AppleToo movement, designed to create a space for current and former employees to share their negative experiences with the company. \\nBeyond Apple, the tech industry has faced an alarming amount of lawsuits alleging mistreatment of employees. Google has been sued for racial and gender discrimination in recent years and has also faced heat for anti-union activity. Amazon has also faced a large amount of lawsuits in recent years, including allegations of a toxic work environment, invasion of privacy, wrongful termination, pregnancy and disability discrimination, and misclassification.\\nSeek Legal Assistance Today \\nIf you are experiencing mistreatment in the workplace of any kind, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In November of last year, Apple workers finally ended a decade-long wage lawsuit against the tech giant. The lawsuit, originally filed in 2013, accused Apple of underpaying workers by forcing them to clock out before bag searches at the end of the day. Apple conducted these bag searches to ensure that employees were not stealing&hellip;</p>\\n"},{"id":10729,"path":"/blog/do-you-have-unpaid-wages-or-overtime-call-or-live-chat-today","slug":"do-you-have-unpaid-wages-or-overtime-call-or-live-chat-today","modified":"2022-04-26T12:02:26","title":"Do You Have Unpaid Wages or Overtime? Call or Live Chat Today!","content":"Do you have unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Do you have unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in&hellip;</p>\\n"},{"id":10711,"path":"/blog/has-your-employed-refused-to-pay-your-overtime-wages-contact-us-today","slug":"has-your-employed-refused-to-pay-your-overtime-wages-contact-us-today","modified":"2022-04-26T12:00:42","title":"Has Your Employer Refused to Pay Your Overtime Wages? Contact Us Today!","content":"Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&hellip;</p>\\n"},{"id":10707,"path":"/blog/cbd-store-owners-reach-settlement-in-overtime-lawsuit","slug":"cbd-store-owners-reach-settlement-in-overtime-lawsuit","modified":"2022-04-25T12:30:19","title":"CBD Store Owners Reach Settlement in Overtime Lawsuit","content":"Earlier this year, an hourly sales associate sued the operators of two CBD shops in Texas for unpaid overtime in violation of the Fair Labor Standards Act (FLSA). Jay and Jamie Ashley are the owners and managers of two CBD USA Plus franchises, Sherman Hemp LLC and Ashten LLC. Former employee Colin Ross told the court that rather than receiving one paycheck for his work, he would receive separate paychecks from each location. Ross accuses the Ashleys of maintaining this practice in order to avoid paying overtime for hours worked over 40 a week. Because he worked at both locations. Ross said that he and other employees consistently worked over 40 hours a week and never received overtime pay. As explained by a recent Law360 article, “Because the two shops share owners and employees, Ross alleged that the joint employment doctrine under the Fair Labor Standards Act requires that the hours worked by employees for both entities be aggregated for overtime pay purposes and that the joint employers be held liable for any failure to pay proper overtime compensation.” Because other employees had experiences similar to Rosss, this was a proposed class action lawsuit. \\nReaching a Settlement in the Overtime Lawsuit\\nRoss filed the proposed class action lawsuit on February 15. The Ashleys responded by initially denying any FLSA violations, claiming that their pay practices were legal. However, last month the Ashleys agreed to settle the lawsuit and are currently finalizing the settlement agreement. The joint notice of settlement states, The parties are in the process of preparing the settlement documents and expect to dismiss this case with prejudice with each party to bear its own costs and attorneys fees within the next 30 days.” \\nWhat Protections Do You Have Against Wage Violations?\\nhere are federal and state laws that protect individuals from wage violations in the workplace. The Fair Labor Standards Act (FLSA) is a federal law in place to protect individuals from wage violations such as these. According to the FLSA, employees are entitled to receive overtime pay for any hours worked over 40 per workweek at a “rate not less than one and a half times the regular rate of pay.” While this case was filed in Texas, New York and New Jersey also have laws in place to ensure you are paid properly by your employer. These state and federal regulations regarding overtime pay are in place to prohibit employers from refusing to pay their employees their earned wages. \\nSeek Legal Assistance Today \\nIf you are experiencing sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Earlier this year, an hourly sales associate sued the operators of two CBD shops in Texas for unpaid overtime in violation of the Fair Labor Standards Act (FLSA). Jay and Jamie Ashley are the owners and managers of two CBD USA Plus franchises, Sherman Hemp LLC and Ashten LLC. Former employee Colin Ross told the&hellip;</p>\\n"},{"id":10702,"path":"/blog/have-you-been-fired-for-medical-marijuana-or-cbd-use-call-or-live-chat-today","slug":"have-you-been-fired-for-medical-marijuana-or-cbd-use-call-or-live-chat-today","modified":"2022-04-20T13:16:26","title":"Have You Been Fired for Medical Marijuana or CBD Use? Call or Live Chat Today!","content":"Have you been fired for medical marijuana or CBD use? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Have you been fired for medical marijuana or CBD use? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment&hellip;</p>\\n"},{"id":10671,"path":"/blog/no-one-deserves-sexual-harassment-in-the-workplace-least-of-all-you-call-or-live-chat-working-solutions-nyc-today","slug":"no-one-deserves-sexual-harassment-in-the-workplace-least-of-all-you-call-or-live-chat-working-solutions-nyc-today","modified":"2022-04-19T10:41:31","title":"No One Deserves Sexual Harassment in the Workplace. Least of All, You. Call or Live Chat Working Solutions NYC Today.","content":"If you have experienced sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers handle a variety of worker claims, including sexual harassment, discrimination, and other issues. A sexual harassment attorney in NYC and NJ can help you evaluate the facts, the law, and potential options.","excerpt":"<p>&nbsp; If you have experienced sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers handle a variety of worker claims,&hellip;</p>\\n"},{"id":10679,"path":"/blog/activision-blizzard-settles-eeoc-sexual-harassment-lawsuit-for-18-million","slug":"activision-blizzard-settles-eeoc-sexual-harassment-lawsuit-for-18-million","modified":"2022-04-19T10:39:50","title":"Activision Blizzard Settles EEOC Sexual Harassment Lawsuit for $18 Million","content":"Earlier this year, the California Department of Fair Employment and Housing (DFEH) sued Activision Blizzard for creating a “frat boy” culture of “constant sexual harassment.” Along with sexual harassment, the lawsuit accuses the video game giant of gender discrimination and pregnancy discrimination. The suit alleges that female employees were routinely paid less than male employees and disciplined more harshly. As stated in the lawsuit, Very few women ever reach top roles at the company. The women who do reach higher roles earn less salary, incentive pay and total compensation than their male peers.” Activision Blizzard is also under investigation by the U.S. Securities and Exchange Commission (SEC) over its handling of sexual harassment and discrimination allegations.\\nEEOC Lawsuit and Settlement\\nIn addition to this lawsuit and investigation, the U.S. Equal Employment Opportunity Commission (EEOC) sued Activision Blizzard in September following a years-long investigation. The suit brings forth allegations of severe sexual harassment, pregnancy discrimination, and retaliation against the company. Last month, a California judge approved a settlement between the EEOC and Activision Blizzard that will provide an $18 million fund for eligible claimants who worked at the company beginning in September 2016. According to a recent NPR article,  “the DFEH had tried to move to intervene in the case, but was denied by the judge. Claimants who apply to receive money from the EEOC settlement waive any rights to any monetary relief provided by the DFEH lawsuit.”\\nResponse to the Settlement\\nIn response to the settlement, Activision Blizzard CeO Bobby Kotick stated, Our goal is to make Activision Blizzard a model for the industry, and we will continue to focus on eliminating harassment and discrimination from our workplace. The courts approval of this settlement is an important step in ensuring that our employees have mechanisms for recourse if they experienced any form of harassment or retaliation. This is a significant change in tune from the companys response to the DFEH lawsuit. In response to that suit, Activision Blizzard stated, The [Department of Fair Employment and Housing] includes distorted, and in many cases false, descriptions of Blizzards past. We have been extremely cooperative with the DFEH throughout their investigation . . . they rushed to file an inaccurate complaint, as we will demonstrate in court.”\\nSeek Legal Assistance Today \\nIf you are experiencing sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our sexual harassment attorneys in New York City and New Jersey can provide compassionate, confidential consultations to help you evaluate the facts, the law, and potential courses of action.","excerpt":"<p>Earlier this year, the California Department of Fair Employment and Housing (DFEH) sued Activision Blizzard for creating a “frat boy” culture of “constant sexual harassment.” Along with sexual harassment, the lawsuit accuses the video game giant of gender discrimination and pregnancy discrimination. The suit alleges that female employees were routinely paid less than male employees&hellip;</p>\\n"},{"id":10683,"path":"/blog/have-you-been-misclassified-call-or-live-chat-today","slug":"have-you-been-misclassified-call-or-live-chat-today","modified":"2022-04-19T10:37:08","title":"Have You Been Misclassified? Call or Live Chat Today!","content":"Have you been misclassified as an employee vs. an independent contractor? Do you believe you should be receiving overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Have you been misclassified as an employee vs. an &#8216;independent&#8217; contractor? Do you believe you should be receiving overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case&hellip;</p>\\n"},{"id":10687,"path":"/blog/uber-reaches-8-4-million-settlement-for-driver-misclassification-lawsuit","slug":"uber-reaches-8-4-million-settlement-for-driver-misclassification-lawsuit","modified":"2022-04-19T10:35:20","title":"Uber Reaches $8.4 Million Settlement for Driver Misclassification Lawsuit","content":"The driver misclassification suit against the prominent ride-share company, Uber, reached a preliminary deal last month. The suit was filed in the U.S. District Court for the Northern District of California after several Uber drivers in the state filed misclassification claims which prevented them from receiving full employment benefits. The preliminary deal will require Uber to pay $8.4 million to more than 1,300 Golden State drivers who have worked up until the enactment of Proposition 22 in 2020– a law implemented in the state of California categorizing ride-share drivers as independent contractors. The class members were given approximately $4,750 each. The federal judge on the case further reiterated that the amount will be placed in “the hands of the drivers” and the remaining will go to a San Francisco nonprofit organization. \\nAllegations Discussed in the Suit \\nAn article posted on Law360 highlights the complaints brought forth by the class members in the suit. The drivers expressed that they were misidentified as independent contractors by the company and were not provided with adequate pay. Additionally, they were not given reimbursements for business expenses, and were not given itemized pay statements. Although Proposition 22 is currently in place, they are still able to pursue their claims for the period they’ve worked prior to the passing of the law. Since the passing of this legislation, many workers in similar companies like Lyft and DoorDash, have shared their disapproval and urged the court to reconsider Proposition 22, deeming it as “constitutionally problematic.” \\nThis is not the first misclassification lawsuit that the company has encountered. In 2020, Uber faced another lawsuit for similar allegations which settled for $20 million for 11,000 drivers in the states of California and Massachusetts. Although the decisions reached by the court on both cases do not reverse or dismiss Proposition 2022, it provides a way for Uber drivers to receive compensation for the unlawful treatment they allegedly received by the company before the new law went into effect. \\nFederal Laws on Employee Misclassification\\nThere are federal and state laws that protect employees from being miscategorized as independent contractors and from being subjected to unlawful treatment in the workplace. The Department of Labor notes that an employer cannot classify their employees as independent contractors simply because they want to, but that there are “many factors that are considered in determining whether the employer has the right” to categorize their workers as employees or independent contractors . The DOL uses an “economic reality test” to decide who is an employee based on seven factors outlined by the U.S. The Supreme Court. Employers are required by law to classify their employees correctly and provide the FLSA benefits they are legally entitled to. \\nSeek Legal Assistance Today \\nIf your employer has misclassified you as an independent contractor, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers work out of both New York City and New Jersey and can evaluate potential issues such as unpaid wages and overtime as well as other issues regarding the misclassification of employees.","excerpt":"<p>The driver misclassification suit against the prominent ride-share company, Uber, reached a preliminary deal last month. The suit was filed in the U.S. District Court for the Northern District of California after several Uber drivers in the state filed misclassification claims which prevented them from receiving full employment benefits. The preliminary deal will require Uber&hellip;</p>\\n"},{"id":10648,"path":"/blog/overtime-wages","slug":"overtime-wages","modified":"2023-03-14T14:26:18","title":"DOL Sues New Jersey Company for Overtime Wage Violations","content":"In May of 2020, the Department of Justice (DOL) filed a lawsuit against FTR Electrical &amp; HVAC Services for denying its employees their overtime wages. The New Jersey-based company faced accusations of violating several parts of the Fair Labor Standards Act (FLSA). The DOJ filed the suit in the US District Court for the District of New Jersey, reaching an agreement of $712,000 to be paid by the company. According to an article published on Business Insider, the court ordered the company to pay “$355,846.92 in back wages for unpaid overtime and another $355,846.92 in liquidated damages to the 98 affected workers.” Furthermore, the company and its co-managers were required to pay an additional amount of $16,450. The case filing suggests that the defendants have agreed to pay the fines. \\nAllegations Discussed in the Suit&nbsp;\\nThe article notes that FTR Electrical &amp; HVAC Services provides air conditioning, heating, electrical, and ventilation services. Although the companys 89 employees regularly worked over 45 a week, their pay was allegedly capped at only eight hours and they were denied from receiving any overtime pay. The DOL added in the lawsuit that the company offered cash to the employees for some of the overtime hours they worked and requested that they not clock out, therefore, knowingly violating FLSA laws. Apart from withholding overtime wages, the company also faced allegations of not maintaining an accurate record of their employees’ hours and wages. The DOL’s District Director in the Wage and Hour Division in New Jersey state further explained the company’s infractions of willingly “depriving” employees of their earned wages “for the hard work they provided.” The suit also called for a “consent judgment” which will inhibit the company from violating any FLSA requirements in the future.&nbsp;\\nFederal and State Laws on Wage and Hour Violations in New Jersey&nbsp;\\nThere are federal and state laws that protect individuals from wage violations in the workplace. According to the Fair Labor Standards Act (FLSA), employees are entitled to receive overtime pay for any hours worked over 40 per workweek at a “rate not less than one and a half times the regular rate of pay.” The state of New Jersey acknowledges and upholds this law stating that employees are to be paid overtime wages for “each hour of working time in excess of 40 hours in any week.” Both state and federal regulations regarding overtime pay are in place to prohibit employers from refusing to pay their employees their earned wages.&nbsp;\\nSeek Legal Assistance Today&nbsp;\\nIf your employer has refused to pay your rightfully earned wages, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our unpaid wages and overtime attorneys are ready to help with a free initial case evaluation.\\n&nbsp;","excerpt":"<p>In May of 2020, the Department of Justice (DOL) filed a lawsuit against FTR Electrical &amp; HVAC Services for denying its employees their overtime wages. The New Jersey-based company faced accusations of violating several parts of the Fair Labor Standards Act (FLSA). The DOJ filed the suit in the US District Court for the District&hellip;</p>\\n"},{"id":10654,"path":"/blog/warn-act","slug":"warn-act","modified":"2022-04-11T17:06:16","title":"Remote Workers Earn Ensured Protection with WARN Act","content":"Since March 2020, companies have faced unique challenges in deciding how to manage cohorts of employees under shifting global forces. Some major companies, struggling to keep up with supply-chain issues and economic downturns, chose to lay off mass numbers of their workers. Other businesses adapted to the new pandemic-posed hurdles and directed their employees to work from home. \\nThe modern workforce in its hybrid glory may still feel precarious for workers. And even with their offered alternatives, businesses are still contending against significant geopolitical factors impacting the workflow. Now, U.S. lawmakers are reckoning with legal safeguards established to protect employees. Like everyone else, courts are considering their own modifications. \\nWhat is the WARN Act? \\nBusinesses that employ at least 100 full-time workers must abide by the Worker Adjustment and Retraining Notification (WARN) Act before laying off at least 50% of its force at a single employment site. A termination of this size qualifies as a mass layoff. The WARN Act often applies to workers employed at a factory plant or other major company location. The Act does not apply to government entities or contract workers. \\nThe WARN Act ensures that employees are offered advance notice to mass layoffs from their employer. Specifically, an employee is entitled to a written notice 60 days prior to terminations of this magnitude. \\nShould a business meet the qualifications for WARN Act liability, all employees irregardless of part-time vs. full-time status are eligible to receive advance notice. If an employee is terminated in a mass layoff and does not receive a 60-day forewarning, they may be authorized to pursue and collect legal damages. \\nHow is the WARN Act changing? \\nAs the WARN Act is currently written, it states that a 60-day notice is required when a business is laying off at least 50% of its workforce at a “single site of employment.” As more businesses are adapting to the modern work-from-home option, conceptions of an employment site must also be accommodated in the law.\\nThe United States District Court for the Eastern District of Virginia recently heard the case Piron v. General Dynamics Information Technology Inc. wherein employees of the defendant, who were operating under the company’s Flexible Work Location policy, sued the company in a class-action suit after enduring mass layoffs without prior warning. The company countered, arguing that no such warning would be obligated as these employees did not co-work at a pinnacle “single site of employment.” \\nEven before the pandemic struck, remote work existed for workers like bus drivers and railroad workers, whose job sites could be anywhere across the state. Regulation of the WARN Act for these workers contended that an employment site could be (1) their home base, (2) the location from which their work is assigned, or (3) the location to which they report. As in the case against General Dynamics Information Technology, courts are applying this regulation to modern workers’ options to work-from-home, or wherever else they choose. \\nHow does the WARN Act affect me?\\nIf you work at a private business, non-profit, or other non-government related organization that employs at least 100 other people, then you are entitled to a 60-days’ notice to forewarn any impending mass layoffs or facility closures. Whether you report from an office or your kitchen table, the WARN Act ensures that you are protected from sudden termination. \\nSeek Legal Assistance Today \\nIf you were terminated in a mass layoff without warning, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Since March 2020, companies have faced unique challenges in deciding how to manage cohorts of employees under shifting global forces. Some major companies, struggling to keep up with supply-chain issues and economic downturns, chose to lay off mass numbers of their workers. Other businesses adapted to the new pandemic-posed hurdles and directed their employees to&hellip;</p>\\n"},{"id":10634,"path":"/blog/comcast-faces-wage-and-hour-class-action-lawsuit","slug":"comcast-faces-wage-and-hour-class-action-lawsuit","modified":"2022-04-06T21:22:58","title":"Comcast Faces Wage and Hour Class Action Lawsuit","content":"Comcast and its recruiting agency Robert Half International are currently facing a wage and hour class action lawsuit filed by former employee Trevor Scott. In the lawsuit filed last month in Pennsylvania federal court, Scott alleges that he and other incident managers worked over 40 hours a week without proper compensation in violation of the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act. Scott claims that hourly employees such as himself were routinely made to work through unpaid meal breaks. They were also regularly asked to “hang back” after their shifts for 15 to 30 minutes. \\nComcast Wage and Hour Violations\\nAs explained by the lawsuit, Plaintiff was originally scheduled to work from 8 am to 4:30 pm, with one thirty (30) minute unpaid meal break. However, from the beginning, plaintiff rarely, if ever, received a full, uninterrupted meal break during the workday. Rather, plaintiff and, upon information and belief, class plaintiffs were regularly forced to work through their meal breaks in order to keep up with their workload. The complaint states that since 2018, hourly incident managers such as Scott were not allowed to clock over 40 hours a week, despite routinely working 7.5 to 10 hours over 40 a week. Most of these extra hours came from working through their breaks and from being asked to stay longer after their shifts had ended. \\nIn addition to these unfair practices, Scott claims that every nine days he would be assigned to work a 24-hour on call shift. The complaint expands upon this, saying, In this capacity, plaintiff would receive text message alerts randomly and frequently throughout the on-call period and would be required to accept the incident, open Comcasts SAP system, determine how to triage the incident, and send it to another team for review. Plaintiff would then have to wait (often for several hours) for the other team to respond and advise him what to do, after which he would coordinate the solution.” Due to this restrictive schedule, the managers were required to be constantly engaged for 24 hours. They did not receive any additional compensation for these shifts. Scott complained to his recruiter at Robert Half about these unfair practices. The recruiter told him that he would contact his manager, but he never heard back. According to a recent Law360 article, Scott was later terminated in October 2021 for pre-textual reasons. \\nResponse to Lawsuit\\nIn response to the lawsuit, a spokesperson for Robert Half stated, We are aware of the lawsuit, and are confident our pay practices comply with state and federal laws, including overtime, meal and rest break laws. Because this is an active legal matter, we cannot comment further.\\nSeek Legal Assistance Today \\nIf you are not being compensated correctly, in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Comcast and its recruiting agency Robert Half International are currently facing a wage and hour class action lawsuit filed by former employee Trevor Scott. In the lawsuit filed last month in Pennsylvania federal court, Scott alleges that he and other incident managers worked over 40 hours a week without proper compensation in violation of the&hellip;</p>\\n"},{"id":10636,"path":"/blog/do-you-have-unpaid-overtime-wages","slug":"do-you-have-unpaid-overtime-wages","modified":"2022-04-06T21:22:02","title":"Do You Have Unpaid Overtime Wages?","content":"","excerpt":""},{"id":10627,"path":"/blog/president-biden-signs-new-act-creating-new-paths-for-victims-of-workplace-sexual-misconduct","slug":"president-biden-signs-new-act-creating-new-paths-for-victims-of-workplace-sexual-misconduct","modified":"2022-04-06T21:21:21","title":"President Biden Signs New Act Creating New Paths for Victims of Workplace Sexual Misconduct","content":"On March 3, 2022, President Joe Biden signed into law an act to permit victims of workplace sexual misconduct the right to seek justice in a courtroom. Traditionally, employers force employees to address any legal matters through arbitration.\\nThe Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 liberates employees subject to forced arbitration agreements with the option to bring claims of sexual harassment, assault, or discrimination before the court.\\nHistory of Arbitration \\nThe 2021 Act amends the Federal Arbitration Act (FAA), which was first signed into law in 1926. It originally served to formalize how disputes between contract holders may be addressed. It established that an arbitrator  an independent individual  may be appointed to settle disputes between employee and employer. \\nArbitration has since become a preferable method for employers to manage legal issues with their employees. Many employment contracts today elucidate arbitration as the sole option to rectify complaints against a company. While arbitration is promoted as a speedier process toward solving workplace cases, it is also desirable to employers for being less costly to the company  and less high-profile than litigation.\\nWhat the Amendment Will Mean for Employees\\nThe new Act recently signed into law by President Biden updates the original Arbitration Act to account for recent reckonings with sexual misconduct across the work force. It will allow victims of such crimes to hold their employers accountable in court, where a judge may rule on their case.Bidens amendment to the Federal Arbitration Act accommodates people who have suffered sexual harassment, assault, and discrimination to seriously prosecute their issues beyond the scene of the crime.\\nThe option to seek justice in court will offer victims a thorough, formal investigation into their attackers. While court proceedings may take more time than arbitration, they have shown to be more successful for plaintiffs. Court decisions, unlike arbitration, can also be appealed. Should a victim be dissatisfied with the decision of the court, they may appeal their case to a higher one for another review. \\nThis legal carveout is the first of its kind. Other forms of discrimination on the basis of race, disability, or religion are still subject to forced arbitration agreements. Overall, The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is a progressive step for employees everywhere. It signals to companies that sexual misconduct is to be viewed as a serious problem with serious payouts.\\nSeek Legal Assistance Today\\nIf you are experiencing sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>On March 3, 2022, President Joe Biden signed into law an act to permit victims of workplace sexual misconduct the right to seek justice in a courtroom. Traditionally, employers force employees to address any legal matters through arbitration. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 liberates employees subject to&hellip;</p>\\n"},{"id":10641,"path":"/blog/are-you-being-compensated-correctly-call-or-live-chat-today-to-find-out-if-you-have-wage-and-hour-claims","slug":"are-you-being-compensated-correctly-call-or-live-chat-today-to-find-out-if-you-have-wage-and-hour-claims","modified":"2022-04-06T21:20:21","title":"Are You Being Compensated Correctly? Call or Live Chat Today to Find Out if You Have Wage and Hour Claims!","content":"Are you being compensated correctly? Do you believe you have wage and hour claims? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Are you being compensated correctly? Do you believe you have wage and hour claims? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced&hellip;</p>\\n"},{"id":10606,"path":"/blog/working-solutions-nyc-announces-updated-page-on-wages-and-overtime-attorney-in-new-york-and-new-jersey","slug":"working-solutions-nyc-announces-updated-page-on-wages-and-overtime-attorney-in-new-york-and-new-jersey","modified":"2022-03-31T16:36:02","title":"Working Solutions NYC Announces Updated Page on Wages and Overtime Attorney in New York and New Jersey","content":"New York, NY  March 31, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce new content on unpaid wages and overtime issues.\\n\\nThe working class experiences the most difficulties when it comes to unpaid wages and overtime, explained Chris Q. Davis, managing partner at the law firm. Our newly updated content takes a question and answer format to help working-class people use the Internet to learn some of the basics on unpaid wages and overtime, and then to reach out to a New York or New Jersey employment lawyer for help.\\nPersons who would like to read the newly updated content can visit https://www.workingsolutionsnyc.com/for-employees/unpaid-wages-and-overtime/. The page has several new questions and answers on topics such as what to do if wages are not paid, can a person sue for unpaid wages, what happens if an employer is incorrectly calculating pay, and even how one might write a demand letter for unpaid wages. While not legal advice, the new content helps persons get the basics on the issues of unpaid wages and overtime. It then recommends that any interested person reach out for a no-obligation consultation with an employment lawyer, as only a trained employment lawyer can assess the facts and the law and then give advice as to the best course of action, if any. Another course of action is to read the law firms blog, which has many posts on key topics such as whether or not a person may have been misclassified as a strategy to underpay wages or reduce overtime at https://www.workingsolutionsnyc.com/have-you-been-misclassified-do-you-have-unpaid-overtime-wages-call-or-live-chat-today/.\\nIDENTIFYING AN ATTORNEY FOR UNPAID WAGES AND OVERTIME IN NY AND NJ\\nHere is background on this release. First and foremost, working class people face a tough working environment in New York and New Jersey. Workers may be required to work long hours, yet not receive legally required overtime. Or, they may work and not get paid according to the requirements of the law. In any event, reaching out to an employment lawyer who understands the issues around unpaid wages and overtime is a good next step. Often, the worker only vaguely suspects that something is amiss. A trained employment lawyer can evaluate the facts and law and give sound advice on the next, reasonable course of action.\\nABOUT WORKING SOLUTIONS NYC\\nWorking Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY &#8211; March 31, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce new content on unpaid wages and overtime issues.</p>\\n"},{"id":10609,"path":"/blog/google-faces-yet-another-racial-discrimination-lawsuit","slug":"google-faces-yet-another-racial-discrimination-lawsuit","modified":"2022-03-31T16:32:44","title":"Google Faces Yet Another Racial Discrimination Lawsuit","content":"Earlier this month, a former Google employee filed a racial discrimination lawsuit against the tech giant. The suit was filed in U.S. District Court by April Curley. Curley worked for Google from 2014 to 2020, when she was terminated. During her time with the company, Curley facilitated programs that recruited employees from historically Black colleges and universities. \\nThroughout her years of employment, Curley claims to have experienced an extremely hostile work environment. She stated that she was routinely mistaken for two other Black female employees. According to a recent New York Times article, “She said that she and those colleagues had not been permitted to speak or present during important meetings and that she had felt demeaned and sexualized when a manager asked which colleagues she wanted to sleep with.” When she spoke up in meetings or challenged Google policies, Curley claims she was “reprimanded” and her pay was reduced as a result. She was placed on a performance review plan and later terminated in September 2020. \\nRacial Discrimination at Google\\nThis is not the first time Google has fallen under fire for racism within the company. As stated in the lawsuit, “Google is engaged in a nationwide pattern or practice of intentional race discrimination and retaliation and maintains employment policies and practices that have a disparate impact against Black employees throughout the United States.” Despite being a rapidly growing company, Google has failed in many ways to increase diversity within its workforce. According to Google’s 2021 diversity report, “Black+” employees make up 4.4 percent of Google’s U.S. employees. “Black+” includes those who identify as more than one race, one of which is Black. This percentage is well below the national average at the time, which was 9.1 percent for digital publishing and search companies. \\nAdditionally, as explained by the New York Times article, “The lawsuit said Google systematically hired Black employees at a lower job status than was appropriate for their experience. Since pay is tied to job levels, this allowed the company to underpay Black employees relative to their peers.” The complaint states that Black employees were often placed in lower paying positions because they were not “Googly” enough. According to the lawsuit, this is an arbitrary term that contributed to racial discrimination at the company. The complaint alleges that another contributing factor is the “hazing” that Black candidates endure during the hiring process, during which they are internationally asked more difficult questions. \\nOther Incidents of Racism at Google and in Tech\\nThroughout the years, many Black employees have voiced their complaints about their experiences with racism at Google. Earlier this year, reports were released indicating that Google was being investigated by the California Department of Fair Employment and Housing (DFEH) for alleged harassment and discrimination against Black female workers. Last year, Google paid $3.8 million to settle a gender and racial discrimination lawsuit. These are just a few examples of the many incidents of racial discrimination at Google and in the tech industry at large. \\nSeek Legal Assistance Today \\nIf you are experiencing racial discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n \\n&nbsp;\\n&nbsp;\\n&nbsp;","excerpt":"<p>Earlier this month, a former Google employee filed a racial discrimination lawsuit against the tech giant. The suit was filed in U.S. District Court by April Curley. Curley worked for Google from 2014 to 2020, when she was terminated. During her time with the company, Curley facilitated programs that recruited employees from historically Black colleges&hellip;</p>\\n"},{"id":10604,"path":"/blog/working-solutions-nyc-announces-new-content-on-finding-a-discrimination-attorney-in-nyc-greater-new-york-and-new-jersey","slug":"working-solutions-nyc-announces-new-content-on-finding-a-discrimination-attorney-in-nyc-greater-new-york-and-new-jersey","modified":"2022-03-31T16:31:22","title":"Working Solutions NYC Announces New Content on Finding a Discrimination Attorney in NYC, greater New York, and New Jersey","content":"New York, NY  March 31, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce new content on discrimination issues in the question and answer format.\\nDiscrimination in employment is not only illegal. It is also morally repugnant, explained Chris Q. Davis, managing partner at the law firm. Many workers, however, may not know their rights or even what constitutes discrimination in employment and elsewhere in New York, New Jersey, and even federal law.\\nPersons who would like to learn more can review the newly updated content at https://www.workingsolutionsnyc.com/for-employees/discrimination/. The content now has a question and answer format, with some of the question areas being what is discrimination, what are some examples of discrimination in employment, what is the EEOC (Equal Employment Opportunity Commission), the four types of discrimination, and the laws and regulations concerning discrimination in New York and New Jersey. The new format helps employees learn a little about these issues in a quick and easy format, but is clearly not legal advice. Thus the next best step is for an employee or other person who feels that they have experienced discrimination to reach out to an attorney for a consultation. An employer with experience in discrimination law can evaluate the facts and the law and help the potential client to determine the best next step.\\nIDENTIFYING THE BEST EMPLOYMENT LAWYER IN NY &amp; NJ\\nHere is background on this release. Every person who has experienced discrimination wants the best discrimination lawyer in New York City, NY, or NJ, to represent him or her in a potential case. The most important factor in finding the best discrimination lawyer, however, is to realize that it is not one size fits all. The best lawyer for a client or case is going to be almost as unique as the best life-partner. Thus the best step is to do some research on the Internet, and then reach out for a no obligation consultation. This is especially true when it comes to discriminations. Persons who want to learn more about the employment lawyers at the law firm can visit https://www.workingsolutionsnyc.com/our-lawyers/.\\nABOUT WORKING SOLUTIONS NYC\\nWorking Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY &#8211; March 31, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce new content on discrimination issues in the &#8220;question and answer&#8221; format.</p>\\n"},{"id":10615,"path":"/blog/have-you-experienced-racial-discrimination-in-the-workplace-call-or-live-chat-today","slug":"have-you-experienced-racial-discrimination-in-the-workplace-call-or-live-chat-today","modified":"2022-03-31T16:29:21","title":"Have You Experienced Racial Discrimination in the Workplace? Call or Live Chat Today!","content":"Have you experienced racial discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Have you experienced racial discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize&hellip;</p>\\n"},{"id":10586,"path":"/blog/inhumane-amazon-culture","slug":"inhumane-amazon-culture","modified":"2022-03-28T11:55:02","title":"Anonymous Source Sheds Light on Inhumane Amazon Culture, Toxic Work Environment","content":"Amazon is notorious for treating their warehouse and transportation employees poorly, but recent allegations have accused Amazon of treating their white collared positions appallingly as well. A recent article, written anonymously, tells the tragic story of a former Amazon workers experience with the company during his wifes battle with cancer. The anonymous source claims that he took a job with Amazon because of the enticing annual salary of $300,000, believing that the rumors about the workplace culture were over exaggerated. After starting the job, he realized he was terribly mistaken. The work culture was described as inhumane and heartless, and employees are allegedly treated as “cogs in a machine.” \\nThe anonymous individual’s wife was diagnosed with a malignant brain tumor. After this diagnosis his productivity declined, and he was warned by his superiors that this decline would not be tolerated. When he explained the situation, they did not care, and provided him with two options: he could go on family leave and forfeit his income, or he could stay in his position and work more productively so he could keep his job. Seeing no other option, he stayed and worked to the best of his ability to be as productive as possible. This was still not enough for his superiors, who then allegedly assigned him to a project that was designed to have employees fail. Such projects were used to validate letting employees go. The individual took family leave for a few months in order to avoid hitting a breaking point. When his wife entered hospice, he returned to his position so he could make ends meet. Amazon subsequently fired him with little to no remorse for his situation. He was placed on COBRA for three months, and during this time his wife sadly passed away. He described staying up every night during her last week just to be with her. It was extremely painful, and the fact that Amazon did not express any care for his situation made finances a constant underlying stressor. He believes it was a combination of his direct boss and the overall Amazon work culture that generated this inhumane experience. \\nWhat Can Employees Do to Combat Toxic Work Environments? \\n\\nTalk to human resources to address the situation. Human resource departments are in place to handle issues with the workplace.\\nCall a lawyer to see if you have a legal claim against the establishment. This could include a discrimination or overtime claim. \\nKeep a journal of clear detailed examples of what you witness within the workplace. This should be kept on a personal device or notebook, so that the company can not access the information. \\nUse mindfulness practices to combat the toxic environment.\\n\\nSeek Legal Assistance Today\\nIf you are facing a toxic work environment, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 817-9650 to schedule a free case evaluation and receive experienced legal counsel. With offices in New York and New Jersey, our team of employment lawyers works hard to be the best for each client. This includes discrimination litigation. In addition, the FMLA may provide protection in some situations; speaking with an FMLA lawyer in New York City, and/or New Jersey may be your best option.","excerpt":"<p>Amazon is notorious for treating their warehouse and transportation employees poorly, but recent allegations have accused Amazon of treating their white collared positions appallingly as well. A recent article, written anonymously, tells the tragic story of a former Amazon worker&#8217;s experience with the company during his wife&#8217;s battle with cancer. The anonymous source claims that&hellip;</p>\\n"},{"id":10591,"path":"/blog/is-your-overtime-always-counted-on-the-clock-call-646-430-7930-if-its-not","slug":"is-your-overtime-always-counted-on-the-clock-call-646-430-7930-if-its-not","modified":"2022-03-28T11:52:28","title":"Is Your Overtime Always Counted on The Clock? Call 646-430-7930 If It’s Not!","content":"Have you worked overtime without compensation? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Have you worked overtime without compensation? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many&hellip;</p>\\n"},{"id":10595,"path":"/blog/boston-market","slug":"boston-market","modified":"2022-03-28T11:51:53","title":"Boston Market Employees Sue Employer for Wage Violations","content":"Several workers of the fast-food retail, Boston Market, filed a complaint against the corporation for wage violations. The lawsuit was filed in the United States District Court for the Southern District of New York in November of last year. Plaintiff Thomas Fitzpatrick, along with several other manual workers at Boston Market Corp, stated multiple allegations against the fast-food chain for refusing to pay their wages on time and thus violating the New York Labor Laws (NYLL). \\nAllegations Brought Forth in the Suit \\nFitzpatrick, who worked in the New York and New Jersey locations of Boston Market Corp. from July 2000 through March 2021, held several managerial positions at the company such as Assistant Manager, Area Manager, General Manager, and Area Supervisor. According to the complaint, some of Fitzpatrick’s duties included regularly submitting time records and payroll records to the appropriate payroll companies. As a result of this, he was able to see that he and others named in the suit were getting paid on a bi-weekly basis. This is a violation of New York state laws since employers are required to pay all manual workers (including managers) on a weekly basis. Fitzgerald also mentioned in the suit that he directly spoke with the other employees regarding their pay and confirmed that the company was paying its workers bi-weekly. Boston Market Corp. is not the first fast-food retailer that has faced allegations of unfair labor practices. Chipotle workers in New York City also filed a class-action lawsuit against the fast-food giant for several wage and hour violations in 2021. \\nFederal and State Laws on Wage and Hour Violations in New York\\nThere are federal and state laws that protect individuals from wage-hour violations and unfair treatment in the workplace. For New York State, in particular, the Labor Law Section 191 of the NYLL mandates that all manual workers get paid “weekly and not later than seven calendar days after the end of the week in which the wages are earned.” Additionally, in July 2021, the state laws were amended to ensure greater job security to New York City fast-food workers who are now “for cause” employees. With this change, fast-food employers can only terminate their workers with a “just cause”. Furthermore, employers are required to grant their employees up to a thirty-day probationary period and prove that they have violated the written just cause requirements before they can be discharged. With state and federal laws on fair labor practices that are in place, employees are entitled to their rights and can file complaints when and if these regulations are being violated by their employer.\\nSeek Legal Assistance Today \\nIf your employer has refused to pay your earned wages on time, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. If youre looking for an unpaid wages and overtime attorney, our staff can help you either in New York or New Jersey.","excerpt":"<p>Several workers of the fast-food retail, Boston Market, filed a complaint against the corporation for wage violations. The lawsuit was filed in the United States District Court for the Southern District of New York in November of last year. Plaintiff Thomas Fitzpatrick, along with several other manual workers at Boston Market Corp, stated multiple allegations&hellip;</p>\\n"},{"id":10568,"path":"/blog/are-you-being-discriminated-against-for-using-medical-marijuana-call-or-live-chat-today","slug":"are-you-being-discriminated-against-for-using-medical-marijuana-call-or-live-chat-today","modified":"2022-03-22T12:43:25","title":"Are You Being Discriminated Against for Using Medical Marijuana? Call or Live Chat Today!","content":"Are you being discriminated against for using medical marijuana? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Are you being discriminated against for using medical marijuana? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&hellip;</p>\\n"},{"id":10564,"path":"/blog/new-jersey-trucking-company-sued-for-refusing-to-hire-medical-marijuana-patient","slug":"new-jersey-trucking-company-sued-for-refusing-to-hire-medical-marijuana-patient","modified":"2022-03-22T12:42:23","title":"New Jersey Trucking Company Sued for Refusing to Hire Medical Marijuana Patient","content":"Earlier this year, a New Jersey trucking company was sued after refusing to hire a medical marijuana patient following a pre-employment drug test that came back positive for marijuana. Duane Hunt filed the complaint in January of this year, accusing Matthews International Corp of violating the New Jersey Law Against Discrimination.\\nHunt had applied for a position as a driver in February 2021. Soon after he applied, the company expressed a strong interest in hiring him. According to the complaint, manager Matthew Geisler “expressed excitement over Mr. Hunts resume and communicated his desire to both interview Mr. Hunt, and to hire someone for the position as soon as possible. Hunt claims he was then offered a position by Geisler based on his resume. He then attended a follow-up interview with branch manager Timothy Byrne, who also expressed interest in hiring him. Following this interview, Hunt received an official offer letter from the company’s talent acquisition team. The offer letter stated that Hunt’s employment would begin February 24, 2021, pending the completion of a background check and drug test. The complaint alleges that at this point, Geisler asked Hunt, When you take the drug test, we arent going to find anything, right? Hunt replied, “No, it’s all medical.” \\nHunt Discriminated Against for Medical Marijuana Use\\nWhen Hunt arrived at the drug testing facility to complete the drug test, he attempted to speak with someone regarding his status as a medical marijuana patient. Hunt has held a license for medical marijuana use since 2019. However, he was simply told he would be contacted if his drug test was positive. On February 24, the day his employment was scheduled to begin, Hunt did not hear from Geisler. When Hunt reached out to him, Geisler told him that his drug test had detected TCH in his system. Hunt reiterated that he had a medical marijuana license. According to the complaint, Gesiler stated that ”he would no longer be able to hire Mr. Hunt and would have to look into some things before getting back to him.\' After this phone call, Hunt followed up by sending Geisler a photo of his medical marijuana card, but he never heard back from him or anyone else at the company. \\nHunt Files Discrimination Lawsuit\\nHunt later filed the lawsuit, claiming he was discriminated against based on his disability and status as a medical marijuana patient. As stated in the complaint, Defendants failed to address plaintiffs disability, did not engage plaintiff about an accommodation and instead plaintiffs offer of employment was immediately withdrawn due to the companys unwillingness to provide, or even discuss, a very reasonable accommodation of plaintiffs disability. Plaintiff suffered emotional distress, anxiety, and humiliation and embarrassment.” According to a Law360 article, Hunt seeks “declaratory relief, damages for lost pension, health insurance and other benefits, and wages, among other things, as well as reimbursement of litigation costs and a jury trial.”\\nSeek Legal Assistance Today \\nIf you are experiencing disability discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Whether its unpaid wages or overtime, a wrongful termination case, or some type of discrimination, your best course of action is to reach out to a New York City or New Jersey employment lawyer, today.","excerpt":"<p>Earlier this year, a New Jersey trucking company was sued after refusing to hire a medical marijuana patient following a pre-employment drug test that came back positive for marijuana. Duane Hunt filed the complaint in January of this year, accusing Matthews International Corp of violating the New Jersey Law Against Discrimination. Hunt had applied for&hellip;</p>\\n"},{"id":10559,"path":"/blog/department-of-labor-sues-georgia-hotel-owner-for-wage-hour-violations","slug":"department-of-labor-sues-georgia-hotel-owner-for-wage-hour-violations","modified":"2022-03-22T12:39:57","title":"Department of Labor Sues Georgia Hotel Owner for Wage-Hour Violations","content":"The Department of Labor (DOL) filed a federal lawsuit against the owner of four hotels in Helen, Georgia. Labor Secretary, Martin Walsh, filed the complaint in the Northern District of Georgia against owner Ashvin Patel for allegedly violating the Fair Labor Standards Act (FLSA). Several managers working at the named hotels: Hofbrau Riverfront Hotel, Americas Best Value Inn, Jameson Hotel, and Budgetel Inn, complained of not receiving adequate compensation for the hours they worked. According to an article published in Law360, the allegations were brought forth in May 2020. Following the complaints, an investigation was launched by the DOL on the employment practices at the hotels. \\nAllegations Brought Forth in the Suit \\nAfter the complaints were filed, Patel allegedly threatened the managers stating that they would be fired and forced to find other living accommodations. The article highlights the case of one of the defendants who worked as a manager at the Americans Best Value Inn. Lynn reported that she worked from 6:30 am to 11 pm, received room and board, and a salary of $600 per month. After Patel discovered the complaints presented by Lynn, she was demoted to the position of a Janitor at the Jameson hotel. Before Lynn finally decided to leave, she shared that she was given an unfair amount of tasks to complete compared to her counterparts. The other hotel managers named in the suit shared similar stories of making $600-700 a month and being expected to be on-call 24 hours a day. Walsh also mentions in the suit that Patel had warned his employees to “falsify their compensation details for the investigation” by reporting to have received $400 in tips every month and to misrepresent their hours and start dates. Patel has yet to officially respond to these allegations. \\nFederal and State Laws against Disability Wage and Hour Violations\\nThere are federal and state laws that protect individuals from wage-hour violations and unfair treatment in the workplace. According to the Fair Labor Standards Act (FLSA), employers are required to pay their workers the federal minimum wage of $7.25 per hour. Employers are also mandated to accurately report and compensate for the hours worked by their employees, including “all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace”. Additionally, the Equal Employment Opportunity Commission (EEOC) protects employees from being retaliated against for “protected activities” such as being involved in a complaint process. Specifically, the EEOC prohibits employers from “making an employee’s work more difficult” as a result. \\nSeek Legal Assistance Today\\n\\nIf your employer has refused to provide you with your earned wages, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. With offices in New York and New Jersey, our team of employment lawyers works hard to be the best for each client. This includes discrimination litigation.","excerpt":"<p>The Department of Labor (DOL) filed a federal lawsuit against the owner of four hotels in Helen, Georgia. Labor Secretary, Martin Walsh, filed the complaint in the Northern District of Georgia against owner Ashvin Patel for allegedly violating the Fair Labor Standards Act (FLSA). Several managers working at the named hotels: Hofbrau Riverfront Hotel, Americas&hellip;</p>\\n"},{"id":10556,"path":"/blog/have-you-experienced-disability-discrimination-in-the-workplace-call-or-live-chat-today","slug":"have-you-experienced-disability-discrimination-in-the-workplace-call-or-live-chat-today","modified":"2022-03-22T12:38:13","title":"Have You Experienced Disability Discrimination in the Workplace? Call or Live Chat Today!","content":"Have you experienced disability discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid wages, overtime, FMLA, and more. Whatever your employment issue is, please reach out for a free consultation with a NY or NJ employment law lawyer, today.\\n&nbsp;\\n&nbsp;","excerpt":"<p>&nbsp; Have you experienced disability discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize&hellip;</p>\\n"},{"id":10549,"path":"/blog/former-employee","slug":"former-employee","modified":"2022-03-22T12:35:51","title":"Industrial Company Pays Former Employee $250K to End Depression Bias Lawsuit","content":"Georgia industrial company Ranews Management Co. Inc. recently paid a former employee $250,000 as part of a deal to end a depression bias lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) in December. According to a recent Law360 article, the company provides “industrial coatings, manufacturing, fabrication, product assembly and integration services to large and small companies.” J. Bryant Beeland was employed there as a chief financial officer. \\nIn 2018, Beeland took a six week leave following a depressive episode that led to suicidal thoughts. According to the EEOC, Beeland’s colleagues and supervisors were initially supportive of his leave, telling him to take all the time that he needed. However, he was treated completely differently upon his return to work. When he returned, his CEO allegedly asked Beeland, How can I trust you to do my accounting work if you have another episode? Beeland was terminated not long after this. The lawsuit claims his termination was in violation of the Americans with Disabilities Act (ADA). \\nResolving the Disability Discrimination Lawsuit\\nRanews Management Co. Inc. and the EEOC reached a deal to resolve litigation related to Beeland’s termination. According to a consent decree filed last month, the company has agreed to pay Beeland $250,000 and to train its workforce on ADA compliance. Marcus G. Keegan, regional attorney for the EEOCs Atlanta office, has expressed his satisfaction with the deal, stating, The ADA makes it clear that employment decisions must be made based on employee qualifications rather than on stereotypes about an employees disability. The EEOC is pleased the employee here has been compensated and Ranews Co. agreed to take the necessary steps to … train its executives, managers, and employees on its obligations under the ADA, in an effort to prevent this from happening in the future.\\nLaws Protecting Against Disability Discrimination\\nThere are federal and state laws that protect individuals from disability discrimination, retaliation, and unfair treatment in the workplace. The ADA “prohibits discrimination against qualified individuals with disabilities. This law also requires “reasonable accommodation” to be given to individuals with disabilities so that they have “equal access to services, programs, and opportunities. According to the U.S. Equal Employment Opportunity Commission (EEOC), an employer is prohibited from “discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.” Furthermore, the EEOC also protects employees from retaliation from their employer for a “protected activity,” such as a disability. Violations of these laws can be considered discrimination against individuals with disabilities. \\nSeek Legal Assistance Today\\nUnfortunately, disability discrimination cases filed against employers are not uncommon. Our law firm has reported on incidents of disability discrimination at Home Depot, Walmart, Amazon, and other major companies. If you have experienced disability discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment attorneys work hard for every client, with the goal of being the best employment lawyer for them. We service New York and New Jersey.","excerpt":"<p>Georgia industrial company Ranew&#8217;s Management Co. Inc. recently paid a former employee $250,000 as part of a deal to end a depression bias lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) in December. According to a recent Law360 article, the company provides “industrial coatings, manufacturing, fabrication, product assembly and integration services to large&hellip;</p>\\n"},{"id":10535,"path":"/blog/ibm-sued","slug":"ibm-sued","modified":"2022-03-16T11:07:10","title":"IBM Sued For Age Discrimination Following Investigation","content":"An older generation of workers is spending more time as a part of the workforce. The AARP reported in a 2021 study that “the number of workers aged 50+ has increased by 80% over the past 20 years.”In other words, older people are working longer. But as industries pivot toward innovations in technology and the Internet, companies are looking to compete with a younger workforce. This has resulted in numerous age discrimination lawsuits against American tech companies within recent years. \\nAllegations of Discrimination at IBM\\nIBM has been named in a recent lawsuit for allegedly plotting against its older employees. Following an investigation by the Equal Employment Opportunity Commission, executives at the notable tech company are revealed to have strategized terminations of older employees to make room for a new generation of tech savvy workers. In one of the publicized emails, executives referred to their population of older workers as “dinobabies” while worrying about their competitive standing. In order to gain traction in modern fields like cloud computing and social media, former executives allegedly sought to replace non-Millennial workers. The need for change was fervent, as the “dated maternal workforce” was “a real threat for [IBM].” \\nHistory of IBM \\nFounded in 1911, IBM established itself as a revolutionary technology company. The company invented the first fully electronic computing machine, which over 25% of workers are using to complete their jobs remotely. IBM CEO Arvid Krishna predicted that over 80% of his company’s workers would opt for a hybrid working model, splitting time between their designated corporate office and remote options. \\nThe transition to digital workspaces has come easier for some employees more than others. “Digital natives” refer to a population that has grown up in a world integrated with the modern Internet and its connected devices. They are often equipped with smart phones, social media, and personal experience communicating through the Internet’s new channels. The term originated with Millennials, who were still in their developing years when the Internet was commercialized. The transition to remote work has ostensibly been a smoother transition for these younger, digital natives. \\nThe desire for more workers with modern skills is not a legitimate reason to punish the existing workforce. In an effort to catch up with newer tech companies, IBM is being sued for implementing an apparent “strategy” between 2013 and 2018 that targeted their older workers. A Propublica investigation found that in just those five years, more than 20,000 workers above the age of 40 were fired from their positions at the company. The proclaimed “dinobabies” were planned in emails to be made “an extinct species.” Such derogatory language and explicit plotting is a violation of the Equal Employment Opportunity Commission’s (EEOC) rules to protect workers over the age of 40. Age discrimination violates the Age Discrimination in Employment Act of 1967. \\nSeek Legal Assistance Today \\nIf you are experiencing age discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our discrimination lawyers work out of both New York, NY, and Livingston, NJ, making our team available to anyone facing potential age discrimination in either New York or New Jersey.","excerpt":"<p>An older generation of workers is spending more time as a part of the workforce. The AARP reported in a 2021 study that “the number of workers aged 50+ has increased by 80% over the past 20 years.”In other words, older people are working longer. But as industries pivot toward innovations in technology and the&hellip;</p>\\n"},{"id":10542,"path":"/blog/have-you-experienced-age-discrimination-in-the-workplace-call-or-live-chat-us-today","slug":"have-you-experienced-age-discrimination-in-the-workplace-call-or-live-chat-us-today","modified":"2022-03-16T11:01:49","title":"Have You Experienced Age Discrimination in the Workplace? Call or Live Chat Us Today!","content":"Have you experienced age discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid wages, overtime, FMLA, and more. Whatever your employment issue is, please reach out for a free consultation with a lawyer, today.","excerpt":"<p>&nbsp; Have you experienced age discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize&hellip;</p>\\n"},{"id":10525,"path":"/blog/working-overtime-with-not-enough-pay-call-or-live-chat-today","slug":"working-overtime-with-not-enough-pay-call-or-live-chat-today","modified":"2022-03-10T20:26:02","title":"Working Overtime With Not Enough Pay? Call or Live Chat Today!","content":"Are you working overtime hours without compensation? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including unpaid wages, overtime, FMLA, and more. Whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Are you working overtime hours without compensation? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in&hellip;</p>\\n"},{"id":10516,"path":"/blog/sbkpop","slug":"sbkpop","modified":"2023-03-14T14:26:33","title":"Subway, Burger King, and Popeyes Fined for Violating Child Labor Laws","content":"Subway, Burger King, and Popeyes operators in South Carolina have been fined by the Department of Labor (DOL) for allegedly violating child labor laws. Some of these violations include allowing minors to work more hours than permitted by law and assigning them to perform tasks that are not permitted by law. According to a statement made by the DOL, these fast-food restaurants illegally employed workers under the age of 18 at hours and in occupations that jeopardized their safety.”&nbsp;\\nExamples of Child Labor Law Violations\\nA recent Business Insider article shed light on the specific child labor law violations that these restaurants are accused of. In four South Carolina Subway stores, 13 employees between the ages of 14 and 15 worked past 9 p.m. during the summer months. At another store, 15-year-olds were working past 7 p.m. during non-summer months. These are both violations of child labor laws in relation to hours that children are allowed to work during summer months. At this same Subway, several minors were engaged in what the DOL described as “prohibited baking activities.” As explained by the Business Insider article, “Workers aged 14 and 15 can prepare food as part of their job, but cant bake, remove items from ovens, or place products on cooling trays under federal labor law.”&nbsp;\\nAt a South Carolina Burger King, two 15-year-olds worked more hours during a school week than is allowed by law. According to federal law, child employees cannot work longer than 18 hours per week at this age during school weeks. The same violation occurred at a South Carolina Popeyes, where three 15-year-old workers also worked over 18 hours during school weeks. The DOL stated that the Popeyes operator, clocked out some employees automatically while they continued to perform work.” The department was able to recover $2031 in overtime back wages and liquidated damages for nine Popeyes workers. Lastly, Business Insider reported that “three 16-year-old employees who were allowed to work as delivery drivers at Frodos Pizza in Greenville, South Carolina, violating a federal law that prevents employees aged 16 and under from driving vehicles as part of their job.”\\nMore Information on Child Labor Law Violations&nbsp;\\nJamie Benefiel, district director of the DOLs Wage and Hour Division in Columbia, South Carolina, stated, Restaurant industry employers must understand and comply with child labor laws concerning hours and occupations. Industry employers, workers and their parents should contact us with their questions about youth employment laws.” The Wage and Hour Divisions Southeast region reported large numbers of child labor law violations in recent years. This spike is most likely related to the fact the restaurants are struggling to retain employees during the pandemic, meaning that existing employees are working longer hours, including children.&nbsp;\\nSeek Legal Assistance Today&nbsp;\\nIf you believe your labor and employment rights are being violated, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. We are a team of best-in-class employment attorneys working in the New York and New Jersey area and vigorously defending clients who may have issues such as severance agreements, unpaid wages and overtime, and discrimination.\\n&nbsp;","excerpt":"<p>&nbsp; Subway, Burger King, and Popeyes operators in South Carolina have been fined by the Department of Labor (DOL) for allegedly violating child labor laws. Some of these violations include allowing minors to work more hours than permitted by law and assigning them to perform tasks that are not permitted by law. According to a&hellip;</p>\\n"},{"id":10509,"path":"/blog/do-you-have-questions-about-your-employee-benefits-call-or-live-chat-today","slug":"do-you-have-questions-about-your-employee-benefits-call-or-live-chat-today","modified":"2022-03-08T15:54:44","title":"Do You Have Questions About Your Employee Benefits? Call or Live Chat Today!","content":"Do you have questions about your employee benefits? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Do you have questions about your employee benefits? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize&hellip;</p>\\n"},{"id":10491,"path":"/blog/main-tesla-factory-sued-for-racial-discrimination-abuse-again","slug":"main-tesla-factory-sued-for-racial-discrimination-abuse-again","modified":"2022-03-08T15:53:37","title":"Main Tesla Factory Sued for Racial Discrimination, Abuse Again","content":"Toxicity in the workplace can often be subtle. Microaggressions like avoidance of eye contact or dismissal of input are objectionable interactions, but they take time and repetition to recognize as an illicit problem. Other times, toxicity in the workplace is more bold. Racial slurs, derogatory treatment, and blatant exclusion from opportunities are unfortunate indications that you may be working in a discriminatory environment. \\nAt the Tesla production factory in Fremont, California, bold may be an understatement. A recent lawsuit brought forth by the California Department of Fair Employment and Housing was publicized following a three-year investigation into the company’s work culture and apparent abuse against workers on the factory floor. At the main plant, located within the lucrative San Francisco Bay Area, some Black workers spent time on their literal hands and knees scrubbing factory floors, while “no other groups of workers had to do the same,” according to a MotherJones article. \\nIncidents of Racial Discrimination at Tesla\\nThe recent class-action lawsuit brought against Tesla accuses its main factory of cultivating a work environment that demeans, belittles, and stifles its Black workers. Witness testimonies refer to managers remarking Black workers with racial hostilities, including the n-word and derogatory comparisons to animals. The factory itself was commonly referred to as “the plantation,” and fellow workers of different origins would hurl racist expletives in their own languages. Systemic issues with Black worker mobility were also noted, as promotions were regularly withheld from Black workers and prioritized for others. Worse, instances of retaliation taken against Black workers who complained about their abusive treatment were reported as unjustified. Those who did speak up for themselves were punished with relocations to undesirable locations, denials to bonuses, and in some cases, termination. \\nTesla’s Corporate Response to Alleged Racial Discrimination\\nIn their corporate response, Tesla boasts that its Employee Relations team “responds to and investigates all complaints,” and also mentioned its Diversity, Equity, and Inclusion team. In the published lawsuit, these internal teams are cited as being negligent toward worker privacy. One incident describes a human resources staff member who notified a supervisor of a worker’s accusations against them almost immediately after the complaint was filed. The Black worker suffered further retaliation as a result, including unjustified write-ups for “belligerence” and perpetual harassment from their accused supervisor.\\nThe electric vehicle company known for its outspoken CEO, or self-proclaimed “Technoking,” has a fervent mission to drive a new generation into the future of technology. The firm continues to hold its own line that it has established a “safe, fair, respectful, and inclusive” workplace. The new lawsuit follows a 2021 Federal Court decision in favor of Owen Diaz, a Black contractor who worked at the Tesla Fremont factory who also faced racial abuse from superiors and staff members that went unresolved. The Court ordered Tesla to pay the defendant $137 million in damages. \\nSeek Legal Assistance Today \\nIf you are experiencing racial discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Toxicity in the workplace can often be subtle. Microaggressions like avoidance of eye contact or dismissal of input are objectionable interactions, but they take time and repetition to recognize as an illicit problem. Other times, toxicity in the workplace is more bold. Racial slurs, derogatory treatment, and blatant exclusion from opportunities are unfortunate indications that&hellip;</p>\\n"},{"id":10497,"path":"/blog/apple-to-expand-employee-benefits-following-complaints-and-labor-shortages","slug":"apple-to-expand-employee-benefits-following-complaints-and-labor-shortages","modified":"2022-03-08T12:51:34","title":"Apple to Expand Employee Benefits Following Complaints and Labor Shortages","content":"Apple has announced that beginning April 4, the tech company will expand employee benefits for both full-time and part-time employees in over 250 stores nationwide. Some of these benefits will include sick days, vacation days, and paid parental leave. These changes in company policy come on the heels of months of complaints from employees about poor conditions. They also come in response to nationwide labor shortages. As reported by an Engadget article, “Apple, like many corporations, is having a tough time recruiting and retaining hourly workers in a tight labor market.” \\nDuring the pandemic, Apple employees, like many others, suffered through store closures, reduced hours, low pay, and staffing shortages. Many of them voiced their complaints. In recent years, Apple has faced accusations of wage and hour violations and wrongful termination. Notably, dozens of Apple employees organized Christmas Eve walkouts to protest poor conditions. However, unlike its employees, Apple has not been struggling during the pandemic. According to the Engadget article, “The testimony of these workers presents a stark contrast to Apples financial standing during the pandemic, which has produced several consecutive record-breaking quarters.” \\nChanges to Apple Employee Benefits \\nApple has announced several changes to their employee benefits. The company will double the amount of sick days for full-time and part-time employees. For full-time employees, this will amount to twelve days instead of six. Additionally, Apple has promised more flexibility in their sick leave policy. The company will allow workers to use sick days for mental health or to care for a family member. Lastly, part-time workers will now receive up to six weeks of paid parental leave along with paid vacation days. \\nOther Companies Implementing Changes\\nCompanies such as Walmart, Amazon, and Fedex have also expanded employee benefits in an attempt to retain more hourly workers. Some have offered “hazard pay” or “thank you bonuses” to incentivize workers during uneasy times. While these changes are promising, many of them have proved to be temporary. A Public Citizen article reported that “despite their windfall of nearly $30 billion and the worsening pandemic, both Walmart and Amazon halted hazard pay by mid-summer.” According to the same article, “Out of the top eight U.S.-based supermarket companies, only three consistently provide extra pay for their workers: Costco, Publix and Target.”\\nSeek Legal Assistance Today \\nIf you have questions about your employee benefits, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. As employment lawyers in New York, NY, and New Jersey, our team of attorneys can help employees with issues such as unpaid wages and overtime.","excerpt":"<p>Apple has announced that beginning April 4, the tech company will expand employee benefits for both full-time and part-time employees in over 250 stores nationwide. Some of these benefits will include sick days, vacation days, and paid parental leave. These changes in company policy come on the heels of months of complaints from employees about&hellip;</p>\\n"},{"id":10469,"path":"/blog/working-solutions-nyc-a-ny-nj-employment-law-firm-announces-new-post-on-unpaid-overtime-and-retail-work","slug":"working-solutions-nyc-a-ny-nj-employment-law-firm-announces-new-post-on-unpaid-overtime-and-retail-work","modified":"2022-03-05T16:22:39","title":"Working Solutions NYC, a NY & NJ Employment Law Firm, Announces New Post on Unpaid Overtime and Retail Work","content":"New York, NY  March 5, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce a new post on unpaid overtime in the retail sector.\\n\\nRetail and hourly workers are among those workers in New York and New Jersey who might, in some circumstances, be cheated out of overtime and wages, explained Chris Q. Davis, managing partner at the law firm. Our post surveys recent issues surrounding Walmart and allegations around unpaid overtime and unpaid wages for retail employees. That case was right here in New York and New Jersey.\\nPersons who would like to read the post can visit https://www.workingsolutionsnyc.com/walmart-fails-to-slow-down-unpaid-overtime-lawsuit-filed-by-night-managers/. The post is a good summary of the issues surrounding unpaid wages and overtime; lay people might enjoy reading it as an example. Even more important, however, is a discussion with any impacted individual in New York or New Jersey who believes that they are entitled to unpaid wages and/or overtime pay. Another option is to read the information page on unpaid wages and overtime. That page summarizes the basics. Reaching out to a nearby employment lawyer in New York and New Jersey is an excellent next step.\\nFINDING A LAWYER FOR UNPAID IN NEW YORK AND NEW JERSEY\\nHere is background on this release. First and foremost, retail workers face a tough working environment in New York and New Jersey. Long hours, difficult work relationships with supervisors, and a conflict of interest between employers who want to pay as little as possible and employees who seek a decent wage all make for a conflict-heavy environment. Employees may be required to work long hours, yet not receive legally required overtime. Or, they may work and not get paid. In either situation, reaching out to an employment lawyer in New York and New Jersey who understands the issues around unpaid wages and overtime is a good step. Often, the layperson only vaguely suspects that something is amiss. A trained legal mind can evaluate the facts and law and give sound advice on the next, reasonable course of action.\\nABOUT WORKING SOLUTIONS NYC\\nWorking Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY &#8211; March 5, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce a new post on unpaid overtime in the retail sector.</p>\\n"},{"id":10480,"path":"/blog/are-you-experiencing-racial-discrimination-in-the-workplace-call-or-live-chat-today","slug":"are-you-experiencing-racial-discrimination-in-the-workplace-call-or-live-chat-today","modified":"2022-03-04T13:54:00","title":"Are You Experiencing Racial Discrimination in the Workplace? Call or Live Chat Today!","content":"Are you experiencing racial discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Are you experiencing racial discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize&hellip;</p>\\n"},{"id":10488,"path":"/blog/former-home-depot-employee-sues-company-for-disability-discrimination","slug":"former-home-depot-employee-sues-company-for-disability-discrimination","modified":"2022-03-04T13:53:14","title":"Former Home Depot Employee Sues Company for Disability Discrimination","content":"Former Home Depot employee, Jasmine Michelle Tracy, filed a federal complaint against the company for disability discrimination. In an article published by Law 360, Tracy explains that she was put on permanent leave after sharing with her supervisors that she was using medical marijuana to treat her Post-Traumatic Stress Disorder (PTSD). Tracy was hired at the Manchester, Connecticut location in May of 2020, and shortly after disclosing her medical situation, she was sent to Human Resources to complete a “reasonable accommodations” form. The company ultimately defended its decision to place Tracey on indefinite leave, stating that medical marijuana is illegal according to federal law. \\nAllegations Brought Forth in the Suit \\nAccording to the Law 360 article, the reasonable accommodations form Tracey filled out was sent to Home Depot’s medical management team for further review. She reported that several days later, she met with her manager and was told that she was being placed on leave for using medical marijuana. Tracy attempted to dispute the management’s decision by expressing that medical marijuana was not interfering with her job performance. The article reports that the company claimed to reconsider this decision. However, the following day Tracy left work early due to “anxiety over whether she would be placed on leave.” She returned to work the following week and was told she would be put on permanent leave “until she wasn’t being treated for anxiety with medical marijuana anymore.” In the complaint, Tracy disputes Home Depot’s policy, expressing that the company’s decision is inconsistent with Connecticuts Palliative Use of Marijuana Act. Although a decision has yet to be reached, Home Depot has responded to the allegations saying that the company follows federal law. \\nFederal and State Laws Against Disability Discrimination and Retaliation \\nThere are federal and state laws that protect individuals from disability discrimination, retaliation, and unfair treatment in the workplace. According to the U.S. Equal Employment Opportunity Commission (EEOC), an employer is prohibited from “discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.” Furthermore, the EEOC also protects employees from retaliation from their employer for a “protected activity,” such as a disability. For Tracey’s case in particular, the legality of medical marijuana use differs from state and federal law. However, both federal and state laws protect all employees from experiencing discriminatory and unjust treatment in the workplace. \\nSeek Legal Assistance Today \\nIf you believe you have been a disability discrmination, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (6460 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Former Home Depot employee, Jasmine Michelle Tracy, filed a federal complaint against the company for disability discrimination. In an article published by Law 360, Tracy explains that she was put on permanent leave after sharing with her supervisors that she was using medical marijuana to treat her Post-Traumatic Stress Disorder (PTSD). Tracy was hired at&hellip;</p>\\n"},{"id":10477,"path":"/blog/are-you-experiencing-gender-discrimination-in-the-workplace-call-or-live-chat-today","slug":"are-you-experiencing-gender-discrimination-in-the-workplace-call-or-live-chat-today","modified":"2022-03-04T11:52:02","title":"Are You Experiencing Gender Discrimination in the Workplace? Call or Live Chat Today!","content":"&nbsp;\\nAre you experiencing gender discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; &nbsp; Are you experiencing gender discrimination in the workplace? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&hellip;</p>\\n"},{"id":10472,"path":"/blog/working-solutions-nyc-announces-new-post-on-employment-law-trends-in-new-york-for-2022","slug":"working-solutions-nyc-announces-new-post-on-employment-law-trends-in-new-york-for-2022","modified":"2022-03-02T16:19:18","title":"Working Solutions NYC Announces New Post on Employment Law Trends in New York for 2022","content":"New York, NY  March 2, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce new content on employment law issues in New York State for 2022.\\nAs employment lawyers in New York City, we keep a keen eye on legal developments not just in New York City but in New York state and neighboring New Jersey, explained Chris Q. Davis, managing partner at the law firm. New laws and regulations are giving employees certain rights and creating opportunities for employees to fight for those rights.\\nPersons who would like to learn more can visit the post at https://www.workingsolutionsnyc.com/new-york-employment-laws-to-watch-for-in-2022/. The post overviews changes in 2022 to various New York employment laws such as minimum wage updates, clarification for sick leave, and paid family leave updates. These changes in tandem with existing law can give employees key rights vis-a-vis an employer. However, many lay people do not know their rights and may need to consult with an employment lawyer in the relevant state (New York or New Jersey) to weigh the facts and the law. Only a licensed attorney can evaluate the facts and the law and give legal advice; each situation is unique and thus any person who believes that they may have an issue such as FMLA leave, unpaid wages and/or overtime, or a severance pay dispute is encouraged to reach out to an employment lawyer.\\nFINDING THE BEST EMPLOYMENT LAWYER IN NEW YORK CITY\\nHere is background on this release. Every employee wants the best employment lawyer in New York City to represent him or her in a potential case. Among the characteristics of the best lawyers are a large number, and positive review count on Internet sites, an up-to-date website and blog, and an awareness of legal issues and changes. But beyond that, the most important factor in finding the best employment lawyer in New York City is to realize that it is not one size fits all. The best employment lawyer is going to be almost as unique as the best life-partner. Thus the best step is to do some research on the Internet, and then reach out for a no obligation consultation. Persons who want to learn more about the employment lawyers at the law firm can visit https://www.workingsolutionsnyc.com/our-lawyers/.\\nABOUT WORKING SOLUTIONS NYC\\nWorking Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>New York, NY &#8211; March 2, 2022. Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce new content on employment law issues in New York State for 2022.</p>\\n"},{"id":10450,"path":"/blog/fired-after-positive-marijuana-drug-test-results-contact-us-today","slug":"fired-after-positive-marijuana-drug-test-results-contact-us-today","modified":"2022-03-01T14:58:48","title":"Fired after Positive Marijuana Drug Test Results? Contact Us Today!","content":"Were you terminated from your job after receiving positive marijuana drug test results? Seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers can evaluate the facts and law of your situation and advice on potential legal action if applicable.","excerpt":"<p>Were you terminated from your job after receiving positive marijuana drug test results? Seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers can evaluate the facts and law of your&hellip;</p>\\n"},{"id":10454,"path":"/blog/questions-about-overtime-wages-call-or-live-chat-us-today","slug":"questions-about-overtime-wages-call-or-live-chat-us-today","modified":"2022-03-01T14:57:12","title":"Questions About Overtime Wages? Call or Live Chat Us Today!","content":"Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Do you have questions about unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers&hellip;</p>\\n"},{"id":10458,"path":"/blog/gender-discrimination-lawsuit","slug":"gender-discrimination-lawsuit","modified":"2022-03-01T14:56:28","title":"US Women’s National Team Reaches $24 Million Settlement in Gender Discrimination Lawsuit!","content":"Earlier last month, the United States Women’s National Team (USWNT) reached an agreement with US Soccer to end a lengthy pay equity dispute, resulting in a $24 million settlement. In a joint statement, US Soccer and the USWNT said, “We are pleased to announce that, contingent on the negotiation of a new collective bargaining agreement, we will have resolved our longstanding dispute over equal pay and proudly stand together in a shared commitment to advancing equality in soccer.” The dispute began in March 2019, when the USWNT filed a gender discrimination lawsuit against US Soccer, claiming they were paid less than the men’s team. Their claims were rejected in May 2020. The USWNT proceeded to appeal the decision in July 2021, stating that the previous ruling “defies reality” and is “legally wrong.” They expressed their desire to continue fighting for equal pay, describing their efforts as “bigger than anything we could ever win in football.”\\nWhat Does the Settlement Include?\\nThe agreement reached last month ensures that the women’s and men’s teams will receive an equal rate of pay “in all friendlies and tournaments, including the World Cup,” according to a recent CNN article. The $24 million lawsuit includes $22 million for the players and $2 million for an account to fund the players’ goals once they leave the USWNT and charitable efforts to promote the sport, specifically for women and girls. In the joint statement released last month, US Soccer and the USWNT also stated, “Getting to this day has not been easy. The U.S. Women’s National Team players have achieved unprecedented success while working to achieve equal pay for themselves and future athletes. Today, we recognize the legacy of the past USWNT leaders who helped to make this day possible, as well as all of the women and girls who will follow. Together, we dedicate this moment to them.”\\nReactions to the Settlement\\nSeveral USWNT players, including two-time World Cup winners Megan Rapinoe and Alex Morgan, expressed their joy at the agreement reached with USWNT. Rapinoe stated, “The thing I look forward to and I’m really proud of is that justice comes in the next generation never having to go through what we went through – it’s equal pay across the board from here on out.” US Soccer President Cindy Parlow Cone echoed Rapinoe’s enthusiasm, stating, “They’re not only the best players in the world, they are great ambassadors for our sport and so now that we can work arm in arm together to grow the game both here at home and abroad and to raise the level of the women’s game across the globe, I think is really special and I’m really looking forward to turning the page on this and working together with our women’s team.”\\nSeek Legal Assistance Today \\nIf you have experienced gender discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Earlier last month, the United States Women’s National Team (USWNT) reached an agreement with US Soccer to end a lengthy pay equity dispute, resulting in a $24 million settlement. In a joint statement, US Soccer and the USWNT said, “We are pleased to announce that, contingent on the negotiation of a new collective bargaining agreement,&hellip;</p>\\n"},{"id":10436,"path":"/blog/fired-for-taking-leave-contact-us-today","slug":"fired-for-taking-leave-contact-us-today","modified":"2022-02-22T12:32:50","title":"Fired for Taking Leave? Contact Us Today!","content":"If you were fired for taking medical leave, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our FMLA attorneys can evaluate your potential case and recommend courses of action.","excerpt":"<p>If you were fired for taking medical leave, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our FMLA attorneys can evaluate your potential case and recommend courses&hellip;</p>\\n"},{"id":10441,"path":"/blog/pay-frequency","slug":"pay-frequency","modified":"2022-02-22T12:31:22","title":"Pay Frequency Class Action Filed Against Party City","content":"On January 26th a new class action against Party City was filed. The plaintiffs allege that Party Citys breaking the New York State Labor Law. In New York State, manual workers are required to be paid on a weekly basis. Currently, Party City employees who believe they are manual workers are paid biweekly. The complaint originated with Radhames Guzman who worked as a sales associate at two different Party City locations in New York in 2020 and 2021. The “excessive manual labor” described in the complaint includes unpacking and sorting merchandise, shelving items, stocking store aisles, and some janitorial duties. The class includes all former and current employees of Party City in New York over the last six years who were paid on a biweekly basis. There are approximately 48 Party City storefronts within New York, so the class has the potential to be quite large. \\nFrequency of Pay Laws in New York State\\nThe New York State Labor Law Section 191 requires employers to pay manual workers weekly. This means that the employee must receive compensation for the week in which the pay was earned no later than seven calendar days afterwards. In Section 190(4) of the New York State Labor Law, “a mechanic, workingman, or laborer.” The state has long held that manual laborers are employees whose time on the clock requires physical labor at least 25% of the time. Physical labor has been interpreted quite broadly in the past to include many physical tasks performed by employees. Other workers such as clerks are required to be paid at least twice a month. There are also special frequency of payment requirements for railroad workers and commission salesmen. Section 191 of the New York State Labor Law covers all private sector employees, which is the majority of the employed population in New York State. One prominent group that is excluded are those who work for federal, state, or local governments. \\nCheck out our other blogs and infographics on timely wage payments, overtime, and employment laws to watch for in 2022! \\nSeek Legal Assistance Today \\nIf you have been misclassified or your frequency of pay is incorrect, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>On January 26th a new class action against Party City was filed. The plaintiffs allege that Party City&#8217;s breaking the New York State Labor Law. In New York State, manual workers are required to be paid on a weekly basis. Currently, Party City employees who believe they are manual workers are paid biweekly. The complaint&hellip;</p>\\n"},{"id":10423,"path":"/blog/walmart-fails-to-slow-down-unpaid-overtime-lawsuit-filed-by-night-managers","slug":"walmart-fails-to-slow-down-unpaid-overtime-lawsuit-filed-by-night-managers","modified":"2022-02-16T18:50:51","title":"Walmart Fails to Slow Down Unpaid Overtime Lawsuit Filed by Night Managers","content":"Last month, Walmart filed a motion for partial summary judgment in an attempt to dismiss some of the claims brought against the retail giant in an unpaid overtime pay lawsuit filed by night managers. The plaintiffs in the lawsuit, which was filed in 2016, have accused Walmart of misclassifying night managers as exempt from overtime pay in violation of the New Jersey Wage and Hour Law (NJWHL) and New York labor law. The lawsuit was filed as a proposed class action; however, the plaintiffs were denied certification in April 2020. \\nWalmart brought forth two claims in their motion. First, they argued that the statute of limitations on the New Jersey wage law that the plaintiffs brought their claims under has run out. Next, they claim that under the fluctuating workweek method, the workers should only receive half their overtime rate if it is ruled that damages are owed. U.S. District Court Judge Madeline Cox Arleo denied both of these claims, dismissing the motion for partial summary judgment. \\nWhy Were Walmarts Claims Dismissed?\\nAccording to a recent Law360 article, “In 2016, the NJWHL had a two-year statute of limitations and it did not allow workers to seek damages under the law . . . The law has since been amended by the New Jersey Legislature to extend the statute of limitations to six years and allows potential victims to seek damages, according to Walmarts motion.” But Walmart argues that this amendment cannot be applied retroactively; therefore, the employees’ claims should be dismissed. However, in the employees’ response to Walmart’s motion, they stated that they are no longer seeking damages under the NJWHL. Judge Arleo sided with the workers, making the companys statute of limitations argument irrelevant. \\nWalmart then argued that according to the fluctuating workweek method, the employees should only receive half their overtime pay. As explained by the Law360 article, “. . . every appeals case that dealt with the method ruled that as long as an employee agreed to work for a fixed rate and their hours fluctuated each week, if theyre later found to be entitled to overtime in a misclassification suit, the employee needs to be paid only a half-time premium.” Walmart claimed that this applies to the workers filing the lawsuit. David Roth, the attorney representing the workers, disagreed, stating, Our position is and has always been that the fluctuating workweek should be strictly construed and requires a clear unambiguous agreement between the employee and employer that clearly states that the salary covers all hours worked.” Judge Arleo agreed with Roth and once again nixed Walmart’s claims, saying, The court finds that there is a genuine dispute of material fact as to whether the parties mutually understood that plaintiffs salaries were intended to compensate them for all time worked.” For example, one employee was under the impression that their salary covered the 48 hours they were scheduled to work, while another thought their salary only covered 40 hours. \\nWalmarts Response to Unpaid Overtime Lawsuit\\nAbby Williams, a spokesperson for Walmart, stated that the company believes that these individual associates are classified and compensated correctly” and that they “plan to continue to defend the company. She claims that Walmart takes its responsibility to classify workers correctly very seriously. \\nSeek Legal Assistance Today \\nIf you have been misclassified or have unpaid overtime wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, Walmart filed a motion for partial summary judgment in an attempt to dismiss some of the claims brought against the retail giant in an unpaid overtime pay lawsuit filed by night managers. The plaintiffs in the lawsuit, which was filed in 2016, have accused Walmart of misclassifying night managers as exempt from overtime&hellip;</p>\\n"},{"id":10428,"path":"/blog/have-you-been-misclassified-do-you-have-unpaid-overtime-wages-call-or-live-chat-today","slug":"have-you-been-misclassified-do-you-have-unpaid-overtime-wages-call-or-live-chat-today","modified":"2022-02-16T18:49:07","title":"Have You Been Misclassified? Do You Have Unpaid Overtime Wages? Call or Live Chat Today!","content":"Have you been misclassified? Do you have unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Have you been misclassified? Do you have unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our&hellip;</p>\\n"},{"id":10384,"path":"/blog/new-york-employment-laws-to-watch-for-in-2022","slug":"new-york-employment-laws-to-watch-for-in-2022","modified":"2022-02-14T17:28:13","title":"New York Employment Laws to Watch for in 2022","content":"The ball in Time Square was not the only thing being dropped in 2022, some employment laws dropped as well. Continuing into 2022 is Covid-19 Vaccination Leave, which requires New York employers to provide up to 4 hours of paid leave in order to receive the initial phased Covid-19 shots or boosters. \\nMinimum Wage Updates\\nThe new year brought with it an increase in wage requirements. All employers are required to post the new minimum wage requirements as well as their industry-specific poster. In particular, as of December 31, 2021, the minimum wage increased state-wide from $12.50/hour to $13.20/hour. In, Nassau, and Suffolk the minimum wage was matched to New York City’s rate of $15/hour. Exempt employees in these three areas now must earn at least $1,125/week, while in the rest of the state it is required to pay exempt employees $990/week. \\nClarification for Sick Leave \\nThe requirements to take sick leave in New York were recently clarified so that employees who suspect a physical or mental injury, illness, or health condition are permitted to take sick leave. This means that formal diagnosis by a medical professional is not required in order to take sick leave in New York. In addition, Covid-19 vaccination side-effects are now included in sick leave, however the amount of leave depends on the size of the company. The clarifications also mentioned that employers must count the number of employees nationwide, not just the number of employees within New York State. For example, employers with over 100 employees must permit each employee to take at least 56 hours of paid sick leave per calendar year. \\nPaid Family Leave Updates \\nNew York State expanded the definition of family member to include siblings as of January 1, 2022. The 60 day cap for intermittent Paid Family Leave (PFL) has been revoked. Instead the amount of intermittent PFL an employee is permitted to take is dependent on how many hours the individual works per week. This update directly impacts those who work over 5 days per week, because it will permit them to take a longer PFL. \\nTo learn more about minimum wage, sick leave, and paid family leave check out some of our other blogs!\\nSeek Legal Assistance Today \\nIf you are an employee with questions about minimum wage requirements or an employer with questions about sick leave, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers can review the facts and give advice as to the best course of action.","excerpt":"<p>&nbsp; The ball in Time Square was not the only thing being dropped in 2022, some employment laws dropped as well. Continuing into 2022 is Covid-19 Vaccination Leave, which requires New York employers to provide up to 4 hours of paid leave in order to receive the initial phased Covid-19 shots or boosters.  Minimum Wage&hellip;</p>\\n"},{"id":10387,"path":"/blog/delivery-workers","slug":"delivery-workers","modified":"2022-02-14T17:27:13","title":"Delivery Workers Sue Same Day Delivery Inc. For Alleged Wage and Hour Violations","content":"Five employees of Same Day Service Inc. filed an overtime suit against the courier service last month. The suit was filed in the New York federal court and includes multiple wage law violations. The defendants claim that the company has refused to pay its workers for working overtime and has prohibited them from documenting their hours accurately. According to an article published on Law360, the defendants regularly work six eight-hour days each week but have not received time-and-a-half wages for their overtime hours as promised by the Fair Labor Standards Act (FLSA) and New York state wage laws (NYLL). Same Day Delivery has refrained from responding to these allegations.\\nClaims Brought Forth in the Suit \\nThe defendants, who are represented by Levin-Epstein &amp; Associates PC, have shared that regardless of the hours they’ve worked their “paychecks remained the same,” according to the article. In addition to overtime pay violations, the suit also claims that the company regularly takes between “$100 and $700 a week from each driver’s tips.” The defendants added to these claims, stating that the company did not provide wage notices or pay statements as required by state and federal laws. A supervisor, Janiqua Mayo, was barred by the corporation from monitoring the actual number of hours that specific employees worked, according to the suit. The suit, which contains a total of five different claims, also includes allegations of labor law violations. Despite working long hours, the workers mentioned not receiving adequate meals and rest breaks. \\nFederal and State Laws Against Wage and Hour Law Violations \\nThere are federal and state laws that protect individuals from unfair labor and wage practices in the workplace. According to the Department of Labor on FLSA, covered nonexempt employees are entitled to a standard minimum wage and overtime pay “at a rate not less than one and one-half times the regular rate of pay required after 40 hours of work in a workweek.” Furthermore, employers are also required to keep employee time and pay records. The New York Labor Laws further uphold FLSA regulations and require that every employee receives a 30-minute break, with the amount varying depending on shift/working hours. Overall, both state and federal laws on overtime pay ensure that employees are legally entitled to receive adequate compensation for the hours worked. \\nSeek Legal Assistance Today \\nIf you believe you have been a victim of wage and hour violations, seek assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our unpaid wages and overtime lawyers represent victims in New York and New Jersey.","excerpt":"<p>Five employees of Same Day Service Inc. filed an overtime suit against the courier service last month. The suit was filed in the New York federal court and includes multiple wage law violations. The defendants claim that the company has refused to pay its workers for working overtime and has prohibited them from documenting their&hellip;</p>\\n"},{"id":10394,"path":"/blog/do-you-have-unpaid-overtime-wages-call-or-live-chat-our-office-today","slug":"do-you-have-unpaid-overtime-wages-call-or-live-chat-our-office-today","modified":"2022-02-14T17:24:19","title":"Do You Have Unpaid Overtime Wages? Call or Live Chat Our Office Today!","content":"Do you have unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Do you have unpaid wages or overtime? If so, seek legal assistance from the employment lawyers at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in&hellip;</p>\\n"},{"id":10404,"path":"/blog/do-you-have-questions-about-medical-marijuana-use-and-your-employment","slug":"do-you-have-questions-about-medical-marijuana-use-and-your-employment","modified":"2022-02-14T17:22:53","title":"Do You have Questions about Medical Marijuana Use and Your Employment?","content":"Do you have questions about medical marijuana use and your employment? Have you been fired and may be in the status of wrongful termination? Seek legal assistance from the employment attorneys at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 817-9650 to schedule a free case evaluation and receive advice from an experienced team of employment lawyers. Our employment lawyers specialize in many areas of the law, including medical marijuana laws, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today. Whether you are in NYC, NY, or New Jersey, reach out for a free consultation with an employment lawyer who understands the ins and outs of employment law, unlawful termination, and the new situation vis-a-vis medial marijuana.","excerpt":"<p>Do you have questions about medical marijuana use and your employment? Have you been fired and may be in the status of wrongful termination? Seek legal assistance from the employment attorneys at the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 817-9650 to schedule&hellip;</p>\\n"},{"id":10381,"path":"/blog/questions-about-your-severance-agreement-contact-us-today","slug":"questions-about-your-severance-agreement-contact-us-today","modified":"2022-02-14T17:20:15","title":"Questions about Your Severance Agreement? Contact Us Today!","content":"If you have questions or concerns about your severance agreement, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 817-9650 to schedule a free case evaluation and receive experienced legal counsel. As employment lawyers, we have offices in both in New York City and Livingston, NJ, and can assist with employment claims such as severance agreement disputes as well as unpaid wages and overtime, FMLA, etc.","excerpt":"<p>&nbsp; If you have questions or concerns about your severance agreement, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 817-9650 to schedule a free case evaluation and receive experienced legal counsel. As employment lawyers, we have offices in both in New York&hellip;</p>\\n"},{"id":10397,"path":"/blog/former-miami-dolphins-head-coach-brian-flores-accuses-nfl-of-racial-discrimination","slug":"former-miami-dolphins-head-coach-brian-flores-accuses-nfl-of-racial-discrimination","modified":"2022-02-14T16:52:16","title":"Former Miami Dolphins Head Coach Brian Flores Accuses NFL of Racial Discrimination","content":"As the Super Bowl excitement fades, the NFL faces much bigger questions than which commercial was the best. Brian Flores, former coach of the Miami Dolphins, has filed a putative class action lawsuit against the league alleging racial discrimination. Since being fired as head coach for the Dolphins in January, Flores has been rejected from other head coaching jobs as well. In his lawsuit, Flores states that this is a result of widespread, systemic racism in the NFL. He claims that he and other Black coaches have been subjected to years of discriminatory hiring practices. \\nAs explained by a recent New York Times article, “The N.F.L. has acknowledged repeatedly that there are not enough coaches and team executives of color even as about 70 percent of players are Black.” In an attempt to address this disparity, the league adopted the Rooney Rule twenty years ago. This rule requires all NFL teams to interview a “diverse list of candidates for coaching and general manager positions.” However, the number of non-white head coaches in the league remains extremely low. Additionally, many coaches of color feel that they are interviewed for coaching positions solely to fulfill the requirements of the Rooney Rule. In his lawsuit, Flores accuses the league of just that. \\nNFL Teams Named in the Lawsuit\\nFlores named several teams in the lawsuit, including the Miami Dolphins, the Denver Broncos, and the New York Giants. Before he was hired by the Dolphins, Flores participated in what he described as a “sham” interview with the Broncos, during which the team manager, team president, and others showed up over an hour late. As stated in the lawsuit, “It was clear from the substance of the interview that Mr. Flores was interviewed only because of the Rooney Rule, and that the Broncos never had any intention to consider him as a legitimate candidate for the job.” The Broncos proceeded to hire a white man, Vic Fangio, as their new head coach. The team has stated that the allegations brought forth in the lawsuit are “blatantly false.” \\nFlores then brings forth allegations of racial discrimination against the Miami Dolphins and also accuses owner Stephen Ross of offering him money to purposely lose games in order to improve the team’s position in the draft. The Dolphins have responded by stating that they “vehemently deny any allegations of racial discrimination.” They added that “the implication that we acted in a manner inconsistent with the integrity of the game is incorrect.”\\nAfter Flores was fired from the Dolphins, he was scheduled to interview with the New York Giants for the head coach position. Before Flores had even completed his interview, New England Patriots Coach Bill Belichick sent him a text message congratulating him on the position. Flores responded by asking Belichick if the text was intended for Brian Daboll, who had already completed his interview with the Giants. Belichick texted back, “I think they are naming Daboll. I’m sorry about that. BB.” In the lawsuit, Flores states he was “humiliated in the process as the New York Giants subjected him to a sham interview in an attempt to appear to provide a Black candidate with a legitimate chance at obtaining the job.” A Giants spokesperson denied these allegations. \\nReactions to Lawsuit \\nThe NFL issued a statement in response to the lawsuit, saying it is “deeply committed to ensuring equitable employment practices” and “will defend against these claims, which are without merit.” Flores and his legal team are now faced with the difficult task of proving that race was a factor when he was turned down for coaching jobs. Many believe that this will prove to be impossible. However, Flores remains steadfast in his goal to address systemic racism in the NFL. He has said, “I may be risking coaching the game that I love and that has done so much for my family and me. My sincere hope is that by standing up against systemic racism in the N.F.L., others will join me to ensure that positive change is made for generations to come.” \\nSeek Legal Assistance Today \\nIf you are experiencing racial discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>As the Super Bowl excitement fades, the NFL faces much bigger questions than which commercial was the best. Brian Flores, former coach of the Miami Dolphins, has filed a putative class action lawsuit against the league alleging racial discrimination. Since being fired as head coach for the Dolphins in January, Flores has been rejected from&hellip;</p>\\n"},{"id":10365,"path":"/blog/2022paytransparency","slug":"2022paytransparency","modified":"2022-02-02T15:37:07","title":"2022 Brings Big Changes to NYC Pay Transparency Laws","content":"The new year has brought promising changes to pay transparency and pay equity laws across the country. Some of these changes include requiring for salary ranges to be posted and prohibiting employers from asking about a candidates past salary. In 2022, New York City is leading the pay transparency charge! As a recent Bloomberg Law article notes, “New York City employers are about to be required to tell the world how much their jobs pay. While several jurisdictions have more limited disclosure requirements, New York City would join only Colorado requiring this information be included in job postings.” This new pay transparency law will become effective on May 15, 2022. It will require all employers to post the minimum and maximum salary on all job postings. \\nRecent History of Pay Transparency Laws Across the Nation\\nCalifornia was the first state to begin to implement these types of changes in 2018, when it required employers to provide pay scale information to job applicants upon request. This request could only be met after the applicant completed at least one interview. Cities in Maryland, Ohio, and Washington followed suit, implementing various versions of pay transparency laws. However, the requirement to provide pay scale information remained contingent upon a request by the applicant and in some cases an interview and/or offer of employment. As Bloomberg Law astutely points out, “Not surprisingly given that most job seekers are not employment law experts, these requests were few and far between for most employers.” In 2021, some states saw further improvements to pay transparency laws. For example, Connecticut, Nevada, Rhode Island, and Colorado all began requiring proactive disclosure of pay scale information. In Nevada, employers are now required to provide pay scale information to applicants after their interview, regardless if the applicant requests the information.\\nHow Will the New NYC Pay Transparency Law Affect Employers?\\nThe new New York City pay transparency law will most likely bring about big organizational and structural changes for many New York City employers. According to the Bloomberg Law article, this is because “It is challenging to consistently post accurate salary ranges on jobs—and it is even more complex to do so without risking blowback.” For instance, posting the minimum and maximum salaries on all job postings will require a great deal of consideration, data, and research on the part of employers. \\nSeek Legal Assistance Today \\nIf you are an employee with questions about how much you should be being paid or an employer with questions about compliance with new pay scale laws, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers can review the facts and give advice as to the best course of action.","excerpt":"<p>The new year has brought promising changes to pay transparency and pay equity laws across the country. Some of these changes include requiring for salary ranges to be posted and prohibiting employers from asking about a candidate&#8217;s past salary. In 2022, New York City is leading the pay transparency charge! As a recent Bloomberg Law article&hellip;</p>\\n"},{"id":10370,"path":"/blog/are-you-being-compensated-correctly-is-your-salary-fair-if-youre-unsure-call-or-live-chat-today","slug":"are-you-being-compensated-correctly-is-your-salary-fair-if-youre-unsure-call-or-live-chat-today","modified":"2022-02-02T15:34:58","title":"Are You Being Compensated Correctly? Is Your Salary Fair? If You’re Unsure, Call or Live Chat Today!","content":"Are you being compensated correctly? Is your salary fair? If youre unsure, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Are you being compensated correctly? Is your salary fair? If you&#8217;re unsure, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many&hellip;</p>\\n"},{"id":10361,"path":"/blog/do-you-believe-you-were-discriminated-against-based-on-your-gender","slug":"do-you-believe-you-were-discriminated-against-based-on-your-gender","modified":"2022-02-02T15:33:57","title":"Have You Experienced Gender Discrimination in the Workplace?","content":"Do you believe you were discriminated against based on your gender? If yes, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 879-6986 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including gender discrimination, and other areas of employment law such as FMLA, unpaid wages or overtime, or severance agreements.","excerpt":"<p>Do you believe you were discriminated against based on your gender?  If yes, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 879-6986 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many&hellip;</p>\\n"},{"id":10344,"path":"/blog/were-you-terminated-after-taking-maternity-leave-have-you-experienced-pregnancy-discrimination-call-or-live-chat-today","slug":"were-you-terminated-after-taking-maternity-leave-have-you-experienced-pregnancy-discrimination-call-or-live-chat-today","modified":"2022-01-28T11:10:13","title":"Were You Terminated After Taking Maternity Leave? Have You Experienced Pregnancy Discrimination? Call or Live Chat Today!","content":"Have you experienced pregnancy discrimination? Were you retaliated against for taking maternity or paternity leave? Do you believe your Family and Medical Leave Act (FMLA) right are being violated? If so, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>&nbsp; Have you experienced pregnancy discrimination? Were you retaliated against for taking maternity or paternity leave? Do you believe your Family and Medical Leave Act (FMLA) right are being violated? If so, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at&hellip;</p>\\n"},{"id":10348,"path":"/blog/former-soulcycle-employee-files-lawsuit-for-alleged-pregnancy-discrimination","slug":"former-soulcycle-employee-files-lawsuit-for-alleged-pregnancy-discrimination","modified":"2022-01-28T11:08:50","title":"Former SoulCycle Employee Files Lawsuit for Alleged Pregnancy Discrimination","content":"A former employee of SoulCycle filed a complaint against the fitness company for wrongful termination and pregnancy discrimination. Jordan Kafenbaum, who worked as a senior director of instructor programming and talent management, accused SoulCycle of retaliating against her when she took maternity leave. According to an article published in law360, Kafenbaum states that she was terminated in April 2020, while she was four weeks into her maternity leave. She shared that the company first demoted her to a lower-level position before ultimately firing her and attributing her termination to the “economic fallout of the coronavirus pandemic.” Kafenbaum filed the case in New York federal court in August 2020. \\nClaims Discussed in the Suit \\nKafenbaum, who worked at the company for seven years, expressed that she was under consideration for a Vice Presidential position before her termination. However, Kafenbaum explained that this changed once she informed the company of her pregnancy. The first instance of alleged retaliation Kafenbaum alludes to is when her boss announced her pregnancy to a room full of other employees without her approval. Additionally, Kafenbaum mentioned that the company had begun discussions with her to assume a potential new role as her maternity leave approached. In the suit, Kafenbaum states that the company’s reasoning for her termination, regarding the financial implications of the pandemic, is a front for discrimination. \\nThe law360 article on the matter notes that Kafenbaum was not the only employee who was fired for going on or requesting maternity leave, but that multiple other women were also let go, with the company using “COVID-19 as an excuse.” Kafenbaum further references instances where higher-level employees made negative criticisms about paternity leave. She shares her overall sentiment, emphasizing her dismay to see a company that is “founded by and managed by women…penaliz[ing] its own female employees for childbirth and maternity leave.”\\nFederal Laws against Discrimination Towards Pregnancy Leave \\nThere are federal and state laws that protect individuals from pregnancy discrimination in the workplace. The Pregnancy Discrimination Act (PDA) “forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.” Further, according to the Family and Medical Leave Act (FMLA), a new parent qualifies for 12 weeks of leave for the care of a new child, if the employee “worked for the employer for 12 months prior to taking the leave.” These laws ensure that employees in these classes are protected from retaliation by their employers. \\nSeek Legal Assistance Today \\nIf you believe your employer has retaliated against you for taking maternity leave, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. We are employment lawyers in New York City and Livingston, NJ.","excerpt":"<p>A former employee of SoulCycle filed a complaint against the fitness company for wrongful termination and pregnancy discrimination. Jordan Kafenbaum, who worked as a senior director of instructor programming and talent management, accused SoulCycle of retaliating against her when she took maternity leave. According to an article published in law360, Kafenbaum states that she was&hellip;</p>\\n"},{"id":10351,"path":"/blog/sexual-harassment-lawsuit-filed-against-former-new-york-post-editor","slug":"sexual-harassment-lawsuit-filed-against-former-new-york-post-editor","modified":"2022-01-28T11:06:56","title":"Sexual Harassment Lawsuit Filed Against Former New York Post Editor","content":"Former New York Post high-level editor Michelle Gotthelf filed a lawsuit last week alleging sex-based discrimination and retaliation for reporting sexual harassment. Gotthelf began working for the Post as a reporter in 2000. She then served as the editor in chief for the publication’s website until she was dismissed last week without cause, according to the lawsuit. In the complaint, Gotthelf accuses Col Allan, former top editor of The Post, of harassing her for many years, beginning in 2013. The suit alleges that Allan “delighted in degrading Ms. Gotthelf, and women generally, in front of her mostly male peers.” Gotthelf brought her complaints to Jesse Angelo, publisher and chief executive at the time. Angelo allegedly told her that there was not much that could be done about the situation. \\nHistory of Sexual Harassment\\nIn 2015, Gotthelf claims that Allan told her, “We should sleep together.” She was very uncomfortable with the suggestion that they have sexual relations and once again made a complaint to two editors, the human resources (HR) department, and Angelo. In 2016, Allan retired for several years before joining the Post again as an advisor in 2019. However, some employees of the Post have stated that he still maintained a large role in running the newsroom, even as an advisor. Once Allan returned, Gotthelf claims that she was treated poorly “in retaliation for her complaints about Mr. Allan’s sexual harassment.” For example, as reported by the New York Times, “In 2019, when she was the editor of the tabloid’s website, he ordered her to remove an article on an accusation of rape against former President Donald J. Trump by the writer E. Jean Carroll.” When Gotthelf disagreed, Allan was once again abusive towards her. She reported his behavior to the chief executive of News Corp and to the company’s head of HR. The suit states that she was told, “if Mr. Allan ‘tells you to do something, you do it.’” \\nIn November of 2021, during a meeting with current Post editor Keith Poole, Gotthelf shared her negative experiences with Allan. She was fired last week, just two months after the meeting. The day that Gotthelf left the Post, a spokeswoman for the publication stated, “Any suggestion of wrongdoing related to the management changes announced today is meritless.” In an interview last week, Ms. Gotthelf said, “I never wanted to be the news, but women should not be treated like this in the workplace.”\\nOther Instances of Sexual Harassment and Hostile Work Environment\\nAccording to the New York Times article, “The Post faced a lawsuit similar to Ms. Gotthelf’s in 2009, when the journalist Sandra Guzman accused the paper and Mr. Allan of firing her after she complained about a hostile workplace environment.” This lawsuit was settled in 2013. Unfortunately, accusations of sexual harassment in the workplace are not uncommon. Our firm has blogged on sexual harassment lawsuits filed against video game creators, celebrity chefs, and government officials. \\nSeek Legal Assistance Today \\nIf you are experiencing sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Former New York Post high-level editor Michelle Gotthelf filed a lawsuit last week alleging sex-based discrimination and retaliation for reporting sexual harassment. Gotthelf began working for the Post as a reporter in 2000. She then served as the editor in chief for the publication’s website until she was dismissed last week without cause, according to&hellip;</p>\\n"},{"id":10331,"path":"/blog/fmla-violated","slug":"fmla-violated","modified":"2022-01-25T13:13:50","title":"Are Your FMLA Rights Being Violated? Do You Have Questions About Leave? Call or Live Chat Today!","content":"Do you believe your Family and Medical Leave Act (FMLA) right are being violated? Do you have questions about taking leave or paid time off? If yes, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers specialize in many areas of the law, including FMLA, and other areas of unpaid wages and overtime, etc.  whatever your employment issue is, please reach out for a consultation today.","excerpt":"<p>Do you believe your Family and Medical Leave Act (FMLA) right are being violated? Do you have questions about taking leave or paid time off? If yes, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a&hellip;</p>\\n"},{"id":10334,"path":"/blog/golf-club-employee","slug":"golf-club-employee","modified":"2022-01-25T13:11:48","title":"Golf Club Employee Fired for Following Covid Guidelines","content":"Andrew Balint worked at Leewood Golf Club in Eastchester as the assistant general manager from 2019 to the summer of 2020. In March of 2020, Leewood Golf Club began remote services due to the onset of the Covid-19 pandemic. During this time, Balint said he could perform all of his duties satisfactorily as a remote employee. In June 2020, there was a push from the board of the club to move back to in-person activities. Balint informed his boss of his asthma and type-1 diabetes, which put him at higher risk for contracting a Covid-19 with serious symptoms. Balint and the administration made an agreement to adhere to necessary safety guidelines, such as masking and social distancing. Once the club reopened for in-person activities, Balint reported that many people did not adhere to the guidelines. Balint reported to his boss that he felt uncomfortable under these conditions and that he would like to work remotely. Balint was subsequently fired, and once he obtained an attorney was rehired for a short period of time. Over this period, Balint was forced to work a 100 person event, which was against the state guidelines that explicitly set the maximum number of people for non essential gathering to 50 people. After working the event for 20 minutes, Balint left and was fired once again. Balint filed a lawsuit under the Americans with Disabilities Act stating that his diabetes and asthma were not accommodated for by his employers. The lawsuit was recently settled, but the details were not disclosed to the public.\\nWhat is the Americans with Disabilities Act?\\nThe Americans with Disabilities Act requires accommodations for all qualified workers within the United States as long as it does not cause undue hardship to the employer. The ADA defines a disability as, “a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.” The employer must weigh the accommodation with other factors that may create undue hardships for the company, such as generating a hazardous work environment. This definition creates a high standard for employers to uphold when accommodating employees with disabilities. \\nPotential reasonable accommodations for individual who are high risk for contracting a serious case of Covid-19 are:\\n\\npermitting telework\\nmodified work schedules\\nproviding additional protective gear such as N95 masks or alternative protective gear \\n\\nCheck out some of our other blogs to learn more about the Americans with Disabilities Act. \\nSeek Legal Assistance Today \\nIf you have a disability that your employer is not accommodating, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our attorneys specialize in employment law, and can help advise employees on potential employer / employee disputes in New York and New Jersey.","excerpt":"<p>Andrew Balint worked at Leewood Golf Club in Eastchester as the assistant general manager from 2019 to the summer of 2020. In March of 2020, Leewood Golf Club began remote services due to the onset of the Covid-19 pandemic. During this time, Balint said he could perform all of his duties satisfactorily as a remote&hellip;</p>\\n"},{"id":10327,"path":"/blog/sexual-harassment-workplace","slug":"sexual-harassment-workplace","modified":"2022-01-25T13:08:59","title":"Have You Experienced Sexual Harassment in the Workplace? Call or Live Chat Us Today!","content":"If you have experienced sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers handle a variety of worker claims, including sexual harassment, discrimination, and","excerpt":"<p>If you have experienced sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers handle a variety of worker claims, including&hellip;</p>\\n"},{"id":10320,"path":"/blog/legislation-aimed","slug":"legislation-aimed","modified":"2022-01-18T17:23:49","title":"Legislation Aimed at Addressing Sexual Misconduct in the Workplace Receives Bipartisan Support","content":"Last summer, Senator Kirsten Gillibrand (D-N.Y.) introduced a bill aimed at removing barriers preventing employees from suing over workplace sexual misconduct. The bill, titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (S. 2342), was introduced with bipartisan support and is seen as a legal extension of the #MeToo movement. The bill currently has backing from 10 Republican senators and has a good chance of attaining the 60 votes it needs to advance in the chamber. According to a recent Bloomberg Law article, it is most likely “the employment bill with the best chance of becoming law ahead of the mid-term elections.” \\nWhat Are Mandatory Arbitration Clauses? And Why Do They Hurt Victims of Sexual Misconduct? \\nMany employment contracts include language that prevents employees from suing their employers for sexual misconduct in the workplace, instead forcing them to seek redress through arbitration. The arbitration process occurs out of court and usually behind closed doors. This often leads to a lack of accountability on the part of the employer. As explained by the Bloomberg article, “. . . employers generally assert that the arbitration process is more efficient and less costly than litigation to resolve allegations. Critics contend that such agreements discourage workers from coming forward to allege sexual harassment or assault.” And while some employers have removed such binding arbitration clauses from employment contracts in recent years, many still remain in place. \\nHow Will the Proposed Bill Help Victims of Sexual Misconduct?\\nThe proposed bill would do away with mandatory arbitration clauses in instances of alleged sexual harassment or misconduct in the workplace. It is unusual for employment bills that are viewed as hurting employers to receive Republican support. However, as previously mentioned, the bill currently enjoys bipartisan support. This is most likely a result of the significant impact the #MeToo movement has had on both politics and the law. The bill has been backed by multiple advocacy groups, most notably by former Fox News anchor and co-founder of Lift Our Voices Gretchen Carlson. In 2016, Carlson sued then-CEO of Fox News Roger Ailes for sexual harassment, prompting several other women at Fox to step forward. Ailes was eventually fired and Carlson received a $20 million settlement. Carlson has been outspoken against forced arbitration, asserting that it hurts sexual harassment and assault victims and creates an unfair imbalance of power between employee and employer. \\nPeter Knudsen, director of communications for the American Association for Justice, commented hopefully on the prospects for this bill. “Seeing this level of bipartisan support for a bill is rare these days. Survivors of sexual harassment and assault deserve the choice on how to seek accountability, and the fact that there has been no organized opposition to this principle gives us hope that the bill will continue to gain momentum and move forward.”\\nSeek Legal Assistance Today \\nIf you are experiencing sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our sexual harassment lawyers work in both New York and New Jersey, and we offer a full suite of employment law services. Whatever your potential legal issues is, if it concerns employment, give our employment lawyers a call today.","excerpt":"<p>Last summer, Senator Kirsten Gillibrand (D-N.Y.) introduced a bill aimed at removing barriers preventing employees from suing over workplace sexual misconduct. The bill, titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (S. 2342), was introduced with bipartisan support and is seen as a legal extension of the #MeToo movement. The&hellip;</p>\\n"},{"id":10316,"path":"/blog/did-your-boss-retaliate-against-you","slug":"did-your-boss-retaliate-against-you","modified":"2022-01-14T17:28:17","title":"Did Your Boss Retaliate Against You?","content":"If you believe your employer has retaliated against you, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our retaliation lawyers work in both NYC and NJ, and we offer a free, confidential consultation with an employment lawyer.","excerpt":"<p>If you believe your employer has retaliated against you, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our retaliation lawyers work in both NYC and NJ, and we offer&hellip;</p>\\n"},{"id":10312,"path":"/blog/boss-dumps-500-pounds-of-pennies-on-former-employees-driveway-prompting-dol-lawsuit","slug":"boss-dumps-500-pounds-of-pennies-on-former-employees-driveway-prompting-dol-lawsuit","modified":"2022-01-13T18:38:02","title":"Boss Dumps 500 Pounds of Pennies on Former Employee’s Driveway, Prompting DOL Lawsuit","content":"Plenty of us have difficult bosses. But not many of us have bosses who will dump 500 pounds of pennies in front of our homes. Andreas Flaten, a former employee at an auto repair shop in Georgia owned by Miles Walker, contacted the US Department of Labor after he never received his final paycheck. Flaten had quit his job after getting into an argument with Walker, his boss. Flaten told the DOL he was owed $915. When the DOL contacted Walker regarding the owed wages in March 2021, he refused to pay. \\nA few hours later, Walker had a change of heart. He proceeded to give Flaten his final paycheck in the form of 91,500 oil-covered pennies dumped onto Flaten’s driveway. He also included a note containing profanity. Flaten’s girlfriend documented the pennies on the driveway. In an interview with Fox 5 Atlanta, Flaten said that it took hours to move the pennies off of his driveway. He also mentioned that moving the pennies flattened the tire of his wheelbarrow. \\nWalker posted the following to his company’s website after dumping the pennies: What started out as a gotcha to a subpar ex-employee, sure got a lot of press  Let us just say that maybe he stole? Maybe he killed a dog? Maybe he killed a cat? Maybe he was lazy? Maybe he was a butcher? \\nDOL Files Lawsuit Against Walker\\nFollowing this incident, the DOL filed a lawsuit against the auto repair shop last month for violation of federal labor laws. The lawsuit accuses Walker of retaliating against Flaten after he contacted the agency regarding his unpaid wages. According to a recent CNN Business article, “The Labor Department is seeking $36,971 in back wages and damages on behalf of multiple employees including Flaten. An investigation found Walker and the shop engaged in retaliation and broke overtime laws by only paying employees a flat weekly rate.” The DOL suit also accuses the auto shop of keeping inaccurate wage records. \\nResponse to DOL Lawsuit\\nIn a statement made in response to the lawsuit, Atlanta DOL Wage and Hour Division District Director Steven Salazar said, By law, worker engagement with the US Department of Labor is protected activity. Workers are entitled to receive information about their rights in the workplace and obtain the wages they earned without fear of harassment or intimidation. Walker told CBS46. It doesnt matter. He got paid, thats all that matters. Hes a f***** weenie for even bringing it up.\\nSeek Legal Assistance Today \\nIf you are experiencing a hostile work environment or have unpaid wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Plenty of us have difficult bosses. But not many of us have bosses who will dump 500 pounds of pennies in front of our homes. Andreas Flaten, a former employee at an auto repair shop in Georgia owned by Miles Walker, contacted the US Department of Labor after he never received his final paycheck. Flaten had&hellip;</p>\\n"},{"id":10297,"path":"/blog/wrongful-termination-2","slug":"wrongful-termination-2","modified":"2022-01-11T18:15:14","title":"Have You Been Wrongfully Terminated? Contact Us Today!","content":"If you believe you have been wrongfully terminated, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our wrongful termination lawyers work in both NYC and NJ, and we offer a free, confidential consultation with an employment lawyer.","excerpt":"<p>If you believe you have been wrongfully terminated, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our wrongful termination lawyers work in both NYC and NJ, and we offer&hellip;</p>\\n"},{"id":10305,"path":"/blog/invasion-of-privacy-lawsuit-filed-by-amazon-flex-driver-paused","slug":"invasion-of-privacy-lawsuit-filed-by-amazon-flex-driver-paused","modified":"2022-01-11T16:57:52","title":"Invasion of Privacy Lawsuit Filed by Amazon Flex Driver Paused","content":"In December 2020, Amazon Flex driver Drickey Jackson filed a complaint against Amazon accusing the company of invasion of privacy under the California Constitution and violation of the federal Wiretap Act. The lawsuit seeks to include any Flex drivers whose social media activity was monitored in a manner similar to Jacksons. The complaint alleges that the e-commerce giant used an Orwellian-sounding and sophisticated and secret program to monitor closed Facebook groups managed by Flex drivers. In these groups, drivers would discuss working conditions, unionization, and strikes. Jackson accused Amazon of hiring “intelligence-gathering experts” to monitor drivers’ social media, allowing the company to anticipate planned protests and strikes. According to a recent Law360 article, “The original filing included screenshots of the monitoring program, including a login page to Amazons disputed Social Media Bank, which said, ‘Most of the Post/Comment screenshots within the site are from closed Facebook groups. It will have detrimental effect if it falls within the reach of any of our Delivery partners.’”\\nAmazon’s Response to Flex Driver Lawsuit \\nThe next month, Amazon claimed that Jackson was obliged to arbitration outside of court on the basis that he agreed to Amazon’s 2016 terms of service. In his filing, Jackson responded by saying, This case concerns the monitoring of posts made by Plaintiff in his private time, in a private Facebook group, as a private citizen,” claiming that his employment contract with Amazon did not apply to this type of privacy dispute. U.S. District Judge William Q. Hayes agreed with Jackson in September 2021, prompting Amazon to appeal this decision to the Ninth Circuit. \\nJudge Agrees to Stay the Case \\nAccording to the Law360 article, “Amazon argued that there was a ‘dearth’ of Ninth Circuit authority on the arbitration issues presented by its appeal and that not staying the dispute would cause the company ‘to lose the well-recognized benefits that individual arbitration offers’ if the Ninth Circuit were to overturn the district courts decision.” In late November 2021, Judge Hayes agreed to stay on the proposed class action case. He cited the lack of similar cases applying relevant California law and the harm that would be done to Amazon if the company was forced to continue defending against a proposed class action that could very well end in individual arbitration. In his ruling, Judge Hayes also added that a stay would serve the public interest by promoting strong federal policy encouraging arbitration as a prompt, economical and adequate method of dispute resolution for those who agree to it.” The case is currently on hold. \\nSeek Legal Assistance Today \\nIf you believe your privacy rights have been violated or if you have questions about your employment contract, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In December 2020, Amazon Flex driver Drickey Jackson filed a complaint against Amazon accusing the company of invasion of privacy under the California Constitution and violation of the federal Wiretap Act. The lawsuit seeks to include any Flex drivers whose social media activity was monitored in a manner similar to Jackson&#8217;s. The complaint alleges that&hellip;</p>\\n"},{"id":10301,"path":"/blog/have-you-been-misclassified-call-or-live-chat-our-office-today","slug":"have-you-been-misclassified-call-or-live-chat-our-office-today","modified":"2022-01-10T19:11:20","title":"Have You Been Misclassified? Call or Live Chat Our Office Today!","content":"Do you believe you may be misclassified as an independent contractor? Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Do you believe you may be misclassified as an independent contractor? Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.</p>\\n"},{"id":10276,"path":"/blog/10276-2-attorney-overtime-unpaid-wages","slug":"10276-2-attorney-overtime-unpaid-wages","modified":"2022-01-04T15:27:23","title":"Matco’s $15.8 Million Misclassification Deal","content":"Matco Tools allegedly misclassified distributors of their products as independent contractors. An independent contractor is a self-employed individual or contracted entity that provides a service to another entity as a nonemployee. As such, Matco Tools did not have to provide employee benefits; which resulted in allegedly denying the distributors overtime pay, timely wages upon termination, meal breaks, rest breaks, reimbursement for business expenses, and accurate wage statements. John Fleming worked as a distributor for Matco Tools from 2012 to 2018. Fleming claims to have worked 20 hours of overtime each week, and alleges the company classified him as an independent contractor in order to avoid labor law requirements. He acquired an attorney to sue Matco Tools in 2019 and filed for class certification in October 2020. The class includes 273 franchisees who allege to have unpaid overtime hours as well as unpaid wages. Over a month later Matco Tools, urged the court not to certify the class, because Fleming did not accurately represent the class as a former franchisee. The company argued that his case was an attorney-manufactured lawsuit. In July, Judge Orrick said that the class size was manageable to seek civil penalties under the Private Attorneys General Act (PAGA) for hour and wage allegations. In Mid-December, Toolmaker Matco agreed to a 15.8 million dollar deal with the franchisees. Matco Tools will pay the class $13.5 million and relieve more than $2.3 million of debt, which will amount to an average of over $42,000 per class member.\\n \\nHow to tell if you are misclassified as an independent contractor?\\nHere are four signs:\\n\\nThe employer determines your location, hours (including overtime), and how you execute your job.\\n\\nThe majority of independent contractors have the ability to decide how and when to accomplish their workload. If you’re working on an employer’s schedule and they determine how you do your job, you may be an employee.\\n\\n\\nYou do not have a set end date, but rather you are hired for an indefinite timeline. \\n\\nThe majority of independent contractors are hired for a particular project that has a specific start and end date. So, if you do not have an estimated end date, then you may be an employee.\\n\\n\\nYour equipment is supplied by the employer.\\n\\nIndependent contractors tend to supply their own equipment, since the entity hiring them does not need to reimburse the contractor for business expenses. If your employer is supplying your equipment, you may be an employee.\\n\\n\\nYour job is indistinguishable from other full time employees.\\n\\nIf your job is the same in all facets to a full time employee, then you may be a misclassified employee.\\n\\n\\n\\nIf you are an employee misclassified as an independent contractor, you may be entitled to unpaid wages, overtime compensation, and more under labor law. Check out our infographic on the differences between employees and independent contractors to learn more!\\n Seek Legal Assistance Today \\nIf you are misclassified as an independent contractor, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our attorneys specialize in employment law, and can help advise employees on potential employer / employee disputes in New York and New Jersey. This may result in unpaid overtime and wages and other issues; our employment lawyers are based in New York, NY, and Livingston, NJ. Reach out for a free consultation today with an employment lawyer.","excerpt":"<p>Matco Tools allegedly misclassified distributors of their products as independent contractors. An independent contractor is a self-employed individual or contracted entity that provides a service to another entity as a nonemployee. As such, Matco Tools did not have to provide employee benefits; which resulted in allegedly denying the distributor&#8217;s overtime pay, timely wages upon termination,&hellip;</p>\\n"},{"id":10269,"path":"/blog/california-investigates","slug":"california-investigates","modified":"2022-01-04T15:23:07","title":"California Investigates the Treatment of Black Women Employees at Google","content":"According to an article published on Business Insider, Google is currently undergoing an investigation by the California Department of Fair Employment and Housing (DFEH) for alleged harassment and discrimination against Black female workers. The DFEH interviewed several Black women previously employed at Google’s parent firm, Alphabet. While Google has responded to the allegations expressing their efforts to build an inclusive workplace, this is not the first time that Google has been accused of mistreating its workers. This time last year, a senior-level employee, Timnit Gebru, was fired after sending an email conveying the issues minority workers experienced while working. \\nOngoing Harassment and Discrimination Claims at Google \\nThis case by DFEH, in particular, addresses the treatment of Black female employees at the company. From those interviewed, some have filed formal complaints alleging growing discrimination and harassment at the company as more Black women get hired. Another article on the matter by the Guardian highlights the increase in complaints just this year. Google released a recent statement emphasizing their effort to ensure inclusivity and a focus to build a workplace that is “representative and equitable.” However, both former and current employees continue to express their discontentment. The Guardian’s article specifically mentions seven allegations from employees who felt “marginalized on projects as Black women and not taken as seriously” as their other colleagues. Another high-level employee, Erika Munro Kennerly, who resigned from the company last year, shared a similar sentiment of being “undervalued.” Several employees who have left Google after Gebru’s resignation have informed NBC that they were “told to take mental health leave” by Google when speaking out on racism and sexism within the workplace. \\nFederal and State Laws against Workplace Discrimination and Harassment \\nSeveral state and federal laws restrict unfair treatment in the workplace. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on protected classes such as “race, color, religion, sex, and national origin.” State laws like the New York City Human Rights Law also protect employees from being discriminated against in the workplace. Additionally, this law bans acts of “retaliation, discriminatory harassment, and bias-based profiling by law enforcement.” Both federal and state laws are in place to ensure that employees are represented equally and fairly despite their backgrounds. Acts of sexism or and denying employees opportunities based on gender are both examples of gender-based discrimination which, is also a namely protected class. \\nSeek Legal Assistance Today \\nIf you are experiencing discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. Our employment lawyers have offices in both New York City and New Jersey, and we provide free consultations for employees who believe that they might be experiencing employment discrimination in New York or New Jersey.","excerpt":"<p>According to an article published on Business Insider, Google is currently undergoing an investigation by the California Department of Fair Employment and Housing (DFEH) for alleged harassment and discrimination against Black female workers. The DFEH interviewed several Black women previously employed at Google’s parent firm, Alphabet. While Google has responded to the allegations expressing their&hellip;</p>\\n"},{"id":10280,"path":"/blog/misclassified-independent","slug":"misclassified-independent","modified":"2022-01-04T15:19:34","title":"Misclassified as an Independent Contractor? Contact Us Today!","content":"If you have been misclassified as an independent contractor, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. This may create unpaid wages and overtime among other reasons. If you think you may have an issue, be sure to reach out to an employment attorney in New York City today.","excerpt":"<p>If you have been misclassified as an independent contractor, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel. This may create unpaid wages and overtime among other reasons. If you&hellip;</p>\\n"},{"id":10283,"path":"/blog/happy-new-year-from-the-law-office-of-christopher-q-davis","slug":"happy-new-year-from-the-law-office-of-christopher-q-davis","modified":"2021-12-31T13:08:36","title":"Happy New Year from the Working Solutions Law Firm!","content":"","excerpt":""},{"id":10272,"path":"/blog/happy-holidays-from-the-law-office-of-christopher-q-davis","slug":"happy-holidays-from-the-law-office-of-christopher-q-davis","modified":"2021-12-24T12:03:50","title":"Happy Holidays from the Working Solutions Law Firm!","content":"","excerpt":""},{"id":10240,"path":"/blog/concerns","slug":"concerns","modified":"2021-12-21T21:05:51","title":"Concerns about Your Employment Severance Agreement? Contact a Severance Lawyer Today!","content":"If you have questions or concerns about your severance agreement, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>If you have questions or concerns about your severance agreement, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. </p>\\n"},{"id":10247,"path":"/blog/better-com-zoom","slug":"better-com-zoom","modified":"2021-12-21T21:03:43","title":"Better.com Fires More Than 900 Employees Over Zoom","content":"Earlier this month, Better.com CEO Vishal Garg announced in a Zoom meeting that he would be firing 15% of the company. This announcement affected over 900 employees and came directly before the holiday season. In a recording of the Zoom call, Garg can be heard saying, If youre on this call, you are part of the unlucky group that is being laid off. Your employment here is terminated effective immediately. Later in the call, Garg added, This is the second time in my career Im doing this, and I do not want to do this. The last time I did it, I cried.” Among the employees laid off were the entire diversity, equity and inclusion recruiting team. \\nBullying in the Workplace at Better.com\\n\\nGarg cited performance, productivity, and market efficiency as the reasons for the layoffs. However, Better.com announced in May that it was going public through a special purpose acquisition company (SPAC). Earlier this month, the digital mortgage lending company received $750 million as part of the deal. According to CNN Business, the company is prepared to have over $1 billion on its balance sheet. \\nPrior to the layoffs, Garg has come under fire for treating employees poorly. For example, he sent an email to staff saying, You are TOO DAMN SLOW. You are a bunch of DUMB DOLPHINS SO STOP IT. STOP IT. STOP IT RIGHT NOW. YOU ARE EMBARRASSING ME. Additionally, the Daily Beast reported that one of Garg’s close associates received huge perks, such as millions of dollars worth of stock options. That employee was later placed on leave for administrative bullying. \\nAll of these actions are clear evidence for bullying in the workplace. Employees and consumers can use their legal rights to fight back against bullying even after they have left their employment. While there are no anti-bullying laws in the U.S. as there are in Europe, other laws provide safety from the actions of bullies. \\nHow to Handle Bullying in the Workplace\\nThis type of thoughtless mass action often has consequences. Under the New York Worker Adjustment and Retraining Notification Act (NY WARN Act), New York employers with 50 employees or more are required to provide written notice to employees and government offices 90 days in advance of these employment events: \\n\\nMass layoffs: This includes a layoff of at least 25 full-time employees or at least 250 employees at a single employment site. This applies only if the layoff is expected to last over six months.\\n\\n\\nReduction of hours: The law also applies if at least 25 full-time employees or at least 250 employees have their hours reduced by more than 50% each month for six months or longer. \\n\\n\\nClosure of employment site: The final instance is the permanent or temporary closure of a single site of employment that results in an employment loss for 25 or more full-time employees in a 30-day period.\\n\\nSo if you were terminated by a bully without notice and with a meager severance package, contact our office! For more information about the NY WARN Act, check out our recent blog. \\n Seek Legal Assistance Today \\nIf you are experiencing bullying in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our attorneys specialize in employment law, and can help advise employees on potential employer / employee disputes in New York and New Jersey.","excerpt":"<p>Earlier this month, Better.com CEO Vishal Garg announced in a Zoom meeting that he would be firing 15% of the company. This announcement affected over 900 employees and came directly before the holiday season. In a recording of the Zoom call, Garg can be heard saying, &#8220;If you&#8217;re on this call, you are part of the&hellip;</p>\\n"},{"id":10243,"path":"/blog/if-you-have-experienced-gender-based-discrimination-at-work-contact-our-offices-today","slug":"if-you-have-experienced-gender-based-discrimination-at-work-contact-our-offices-today","modified":"2021-12-20T17:02:12","title":"If You Have Experienced Gender-Based Discrimination at Work, Contact Our Offices Today!","content":"If you believe you have been discriminated against on the basis of gender, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>If you believe you have been discriminated against on the basis of gender, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel.</p>\\n"},{"id":10230,"path":"/blog/concerns-about-unpaid-overtime-wages-call-or-live-chat-us-today","slug":"concerns-about-unpaid-overtime-wages-call-or-live-chat-us-today","modified":"2021-12-18T13:48:24","title":"Concerns about Unpaid Overtime Wages? Call or Live Chat Us Today!","content":"If you have questions about your overtime wages or believe that your employer has not paid them, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>If you have questions about your overtime wages or believe that your employer has not paid them, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. </p>\\n"},{"id":10218,"path":"/blog/drivers","slug":"drivers","modified":"2021-12-09T17:00:31","title":"Driver Shortages Prompt Questions About Overtime Pay in Trucking Industry","content":"In recent years, the trucking industry has faced serious driver shortages. According to the American Trucking Associations (ATA), there is a shortage of 80,000 drivers. So what is causing this significant shortage of drivers? According to Alec Costerus, who has spent about ten years in the industry, the answer is simple: many truck drivers are not paid overtime, leading to a lack of economic incentive for people to become truck drivers. \\nWhy Arent Some Drivers Entitled to Overtime Pay? \\nAccording to an opinion piece Costerus wrote for the Wall Street Journal, “The American Trucking Associations (ATA) members who cry about a driver ‘shortage’ are the same ones who asked for the motor-carrier exemption to overtime pay in the Fair Labor Standards Act (FLSA), citing the difficulty in paying drivers for inclement weather, traffic or accident delays, truck breakdowns, delays at shippers and consignees, etc.” The FLSA establishes minimum wage and overtime pay for many workers; however, it also has some exemptions. In regard to the trucking industry, it states, “any employee with respect to whom the Security of Transportation has the power to establish qualifications and maximum hours” is not entitled to overtime pay. For this reason, many truck drivers do not receive overtime pay. \\nShould These Drivers Receive Overtime Pay?\\nCosterus claims that many of the issues that the ATA cites are no longer relevant. For example, in December 2019, logging devices that are able to track vehicles and hours of service down to the second were implemented. This eliminates many concerns regarding paying drivers for certain delays, such as weather, accidents, or traffic. U.S. hours-of-service laws limit over-the-road long-haul truckers to driving 70 hours in eight days. Therefore, many job-related actions, such as fueling up or waiting at maintenance docks, are performed off the clock in order to maximize those 70 hours. \\nEven though truck drivers work long hours away from home and are not entitled to overtime pay, they are still not well paid. The annual pay for a truck driver is $50,909 according to ZipRecruiter. If a worker drives 70 hours over eight days and takes two weeks off a year, their hourly wages total to $16.58. This is below the minimum wage in many states. Because of this, there is little to no economic incentive for people to become company drivers. Incentivizing truck drivers is the only way to address the driver shortage and retention issues. As Costerus says, “The simple, economically viable and socially equitable solution is to eliminate the overtime-pay exemption under the FLSA. Using the example above, the driver’s income would grow to $87,320, much more commensurate with the hours worked and the living conditions endured.”\\nDoes this Overtime Exemption Apply to You? \\nAccording to the FLSA requirements, the overtime exemption applies to workers employed by motor carriers working as drivers, drivers’ helpers, mechanics, or loaders who ​​”have job duties that affect the safety of operation of motor vehicles while in transportation on public highways in interstate or foreign commerce” and “drive(s) a motor vehicle that does not fall within the small vehicle exception.” It is important to note that if you do not drive across state lines or assist in the transportation of goods across state lines, the exemption does not apply to you. \\nSeek Legal Assistance Today \\nIf you have questions about overtime pay, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. Our unpaid wages and overtime lawyer staff is happy to field your initial questions, analyze the facts, and give you assistance on your best next steps. With offices in New York City and in New Jersey, our legal team is ready to help as employment law attorneys.","excerpt":"<p>In recent years, the trucking industry has faced serious driver shortages. According to the American Trucking Associations (ATA), there is a shortage of 80,000 drivers. So what is causing this significant shortage of drivers? According to Alec Costerus, who has spent about ten years in the industry, the answer is simple: many truck drivers are&hellip;</p>\\n"},{"id":10205,"path":"/blog/justice-department-files-lawsuit-against-uber-for-overcharging-passengers-with-disabilities","slug":"justice-department-files-lawsuit-against-uber-for-overcharging-passengers-with-disabilities","modified":"2021-12-07T18:28:28","title":"Justice Department Files Lawsuit Against Uber for Overcharging Passengers With Disabilities","content":"According to an article published on BBC, Uber is currently undergoing a lawsuit for overcharging people with disabilities. The Department of Justice (DOJ) filed the lawsuit on November 10th, accusing the ride-share company of charging wait time fees to individuals with disabilities who require more time to enter a car. Uber disagreed with these accusations stating that their wait time fees were not specific to passengers with disabilities. The company’s spokesperson further countered the claims by explaining that Uber reimbursed their disabled riders for any wait charges they received. The suit, filed in the U.S. District Court for the Northern District of California, claims that Uber violates the Americans with Disabilities Act (ADA). The attorney general on the case, Kristen Clarke, shared with BBC that the lawsuit intends to show that “Uber cannot penalize passengers with disabilities simply because they need more time to get into a car.”\\nDiscriminatory Allegations against Uber \\nUber’s wait charge policy began in 2016; this essentially requires passengers to pay a “per minute wait time fee” if they are not in the vehicle within two minutes after the driver has arrived. However, passengers who use wheelchairs, walkers, or have other disabilities may take longer to get inside their car. According to the DOJ’s article on the matter, the lawsuit alleges Uber’s violation of the ADA by not including exceptions and more accessibility for disabled passengers in their policy. Clarke added to this sentiment that Uber cannot discriminate against individuals who have disabilities because they, like everyone else, “deserve equal access to all areas of community life.” This is not the first time that Uber has faced discrimination claims. The BBC article mentions two previous lawsuits filed against Uber for discriminatory allegations against passengers with disabilities in separate instances. The first was filed by a blind woman who was refused rides on 14 occasions, while the second was filed by a paralympic man who claimed to have Ubers regularly drive off when noticing his wheelchair. \\nFederal Laws against Discrimination Towards Individuals with Disabilities \\nThere are federal laws that protect individuals with disabilities from receiving unequal treatment from public services. Specifically, the ADA is a federal law that “prohibits discrimination against qualified individuals with disabilities. This law also requires “reasonable accommodation” to be given to individuals with disabilities so that they have “equal access to services, programs, and opportunities. Title II of the ADA particularly addresses public services and transportation, mentioning that people with disabilities cannot be restricted from the “benefits of the services, programs, or activities of a public entity” because of his/her disability. A violation of these laws can be considered discrimination against individuals with disabilities. \\n Seek Legal Assistance Today \\nIf you believe you have been discriminated against for having a disability, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>According to an article published on BBC, Uber is currently undergoing a lawsuit for overcharging people with disabilities. The Department of Justice (DOJ) filed the lawsuit on November 10th, accusing the ride-share company of charging wait time fees to individuals with disabilities who require more time to enter a car. Uber disagreed with these accusations&hellip;</p>\\n"},{"id":10208,"path":"/blog/wrongful-termination","slug":"wrongful-termination","modified":"2021-12-07T18:19:51","title":"Have You Been Misclassified or Wrongfully Terminated? Call or Live Chat Us Today!","content":"Misclassified or Wrongfully Terminated?\\nAre you an employee who has been misclassified as an independent contractor? Do you think you have been wrongfully terminated from your position? Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Misclassified or Wrongfully Terminated? Are you an employee who has been misclassified as an independent contractor? Do you think you have been wrongfully terminated from your position? Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case&hellip;</p>\\n"},{"id":10199,"path":"/blog/paralegal-sues","slug":"paralegal-sues","modified":"2021-12-02T18:00:38","title":"Paralegal Sues Law Firm for Violation of FMLA Rights","content":"Last month, Catherine Danforth, a former paralegal at Wilson Elser Moskowitz Edelman &amp; Dicker LLP, sued the firm in Georgia federal court for violation of the Family and Medical Leave Act (FMLA). Danforth had worked for the firm since 2019. In February 2021, she disclosed information about her psychiatric disorders to two office administrators. Shortly after this, she overheard these administrators referring to her as a “nutcase.”\\nHow did the firm violate Danforth’s FMLA rights? \\nAccording to a recent Law360 article, the firm “insisted on changing her duties after learning about her psychiatric problems rather than granting her request to accommodate her by keeping her position the same.” Danforth alleges that she suggested a compromise, but the firm never followed up on her request. Because of this, Danforth’s conditions flared up, and she was subsequently hospitalized. Despite obtaining a doctor’s note clearing her for work, the firm did not allow her to return to the workplace. Instead, they placed her on unpaid leave. \\n\\nOnce her leave was over, she was not allowed to return to working in the office, while other employees in her position were permitted to do so. She was later fired in April. According to the complaint, The effect of defendants actions has been to deprive plaintiff of a job, as well as income in the form of wages, health insurance, prospective retirement benefits, Social Security, and other benefits due to [her] solely because of her right to leave under the FMLA.” Before her termination, Danforth had received praise for her performance at work. \\nWhat protections are provided under FMLA? \\nThe Family and Medical Leave Act, or FMLA, ensures job-protected, unpaid leave for medical and/or family-related circumstances requiring absences from work. You may have heard the FMLA referred to as the “maternity leave law.” However, the Act does much more than guarantee time off for new mothers. It allows eligible employees to take up to 12 weeks of unpaid leave during any 12-month period to attend to 1) the serious health condition of the employee, parent, spouse, or child; 2) for pregnancy or the care of a newborn child; or 3) for the adoption or foster care of a child. For individuals who meet the qualifications, guaranteed leave with job protection is a federal right. For more information, you can read our recent blog on how to handle FMLA-related terminations. \\nSeek Legal Assistance Today \\nIf your FMLA rights are being violated seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. An FMLA attorney can help you review the facts and the law and decide on the best course of action.","excerpt":"<p>Last month, Catherine Danforth, a former paralegal at Wilson Elser Moskowitz Edelman &amp; Dicker LLP, sued the firm in Georgia federal court for violation of the Family and Medical Leave Act (FMLA). Danforth had worked for the firm since 2019. In February 2021, she disclosed information about her psychiatric disorders to two office administrators. Shortly&hellip;</p>\\n"},{"id":10191,"path":"/blog/fmla-termination","slug":"fmla-termination","modified":"2021-11-29T17:20:29","title":"F Stands for Fired: How to Handle An FMLA-Related Termination","content":"Have you been fired in connection with a long-term illness or disability? A family member’s illness or disability? A pregnancy, maternity leave, or even an adoption? You’re not alone. FMLA-related terminations are among the most common employment law violations every year—but many people still aren’t aware that their job is protected under the FMLA.\\nThe Family and Medical Leave Act, or FMLA, ensures job-protected, unpaid leave for medical and/or family-related circumstances requiring absences from work. This act allows eligible employees to take up to 12 weeks of unpaid leave during any 12-month period to attend to 1) the serious health condition of the employee, parent, spouse, or child; 2) for pregnancy or the care of a newborn child; or 3) for the adoption or foster care of a child. For individuals who meet the qualifications, guaranteed leave with job protection is a federal right.\\nIf you think that you may be terminated explicitly because you have requested FMLA leave, or if you feel that you are quietly being set up for termination in retaliation for having requested or taken FMLA leave, the key to successfully navigating the workplace minefield as your employer’s intentions become known to you is recognizing whether a claim exists for an FMLA violation. So here’s what our firm thinks you should know:\\nYou do not need to specifically request FMLA leave in order to be protected by the law.\\nWhen you submit a request for time off to your employer, you don’t need to say any magic words for your leave period to qualify as protected under the FMLA. As long as the requirements for protection are met, you will still have a legal claim if you are fired for taking leave, or even just submitting the leave request. \\nGenerally, employees must be employed for one year in order to both qualify for FMLA leave and be protected from FMLA-related termination.\\nUnfortunately, if you’ve only been at your workplace for a short period, it is unlikely that you will qualify for leave under the FMLA. Additionally, in most cases, employees must have worked a minimum of 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within a 75-mile radius. However, both private- and public-sector companies are covered, and statistically, both small and large employers are equally likely to provide full FMLA coverage—approximately 80% of each will do so.\\nFailing to follow your company’s policies for taking leave, requesting leave, or returning to the workplace can, under certain circumstances, prevent an employee from being able to assert legal claims for a termination that is otherwise clearly related to FMLA leave.\\nEven if you have a strong case for an FMLA violation, failing to follow the proper procedures for requesting and taking leave can harm your ability to seek legal reparations. So, as a protective measure, make sure to closely follow your employer’s policies in case a termination later occurs and appears to be FMLA-related. \\nProvide medical certification and be as specific as possible about when you are likely to return to work.\\nProviding medical certification of your reason for requesting leave can help you to argue your case more effectively later on, if it becomes necessary. If an employer does not have a prescribed form for providing medical certification for leave but requests proof of the medical condition related to your leave request, use one of the model forms proposed by the federal Department of Labor. \\nBe sure to make preparations for returning to work once your leave is finished, including providing any necessary “fitness for duty” certifications or requesting any necessary reasonable accommodations under the Americans with Disabilities Act (ADA).\\nYour employer is required to make workplace accommodations for you if you have disabling symptoms upon your return from medical leave. Many employees, however, forget to request those accommodations when they are preparing to return to work. Employers often require employees to make these requests to a particular HR office or employee, and require the use of particular forms. Also, employers are permitted to require you to fill out a “fitness for duty” certification as a prerequisite of reinstatement to your position. However, if your employer requires certification, they must inform you and provide you with either a certification form or guidelines for certification requirements. \\nBe aware that requesting the benefit of short- or long-term disability insurance through your employer or employer-sponsored benefits program is not the same as requesting unpaid leave from your workplace for a disabling medical condition.\\nWhile some employer benefit programs may provide disability insurance benefits which pay an employee’s salary when they are out on leave, qualifying for disability insurance benefits is not the same as requesting permission to leave the workplace. Employees who are applying for short- or long-term disability benefits must also separately apply for FMLA or FMLA-qualifying leave through their employer.\\nIf your leave exceeds 3 months (12 weeks), your employer may lawfully replace you or eliminate your position under the FMLA.\\nAfter 12 weeks of leave, you are no longer entitled to job protection under the FMLA. However, it is possible that you may still be protected under the Americans with Disabilities Act (ADA), or other city and state disability discrimination statutes. In general, even if an employee is forced to take a longer period of leave because of the severity of his or her FMLA-qualifying medical condition, the employee’s boss may still legally decide to terminate them. If you suspect your leave may last longer than 12 weeks, it is best to consult with an attorney immediately.\\nLeave need not be taken in a single 3-month chunk.\\nFMLA leave can actually be taken over a period of months or even years, intermittently. Employees with ongoing doctors’ visits or procedures, and those with chronic conditions requiring periodic hospitalization or time off, are also eligible for and entitled to FMLA leave. Terminating an employee for taking time off for medical visits or procedures related to FMLA-qualifying conditions or illnesses that require ongoing care is also illegal.\\nKnow that there are certain signs that may indicate when an employer is preparing to fire an employee for FMLA-related reasons.\\nBy paying close attention, employees may actually be able to sense when there is a likelihood of termination related to their FMLA leave. If your duties are taken away from you while you are on leave, or if a replacement employee is hired or positioned to take your job, that is a red flag that preparations may be in the works for your termination. If these or similar things occur proximately to your request for leave or the leave itself, you may have legal rights and good evidence in the event of a litigation.\\nSeek Legal Assistance Today \\nIf you believe your FMLA rights are being violated,, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n \\n&nbsp;","excerpt":"<p>Have you been fired in connection with a long-term illness or disability? A family member’s illness or disability? A pregnancy, maternity leave, or even an adoption? You’re not alone. FMLA-related terminations are among the most common employment law violations every year—but many people still aren’t aware that their job is protected under the FMLA. The&hellip;</p>\\n"},{"id":10156,"path":"/blog/working-solutions-nyc-announces-new-content-on-amazon-flex-and-finding-a-nyc-lawyer-for-wrongful-termination-or-misclassification","slug":"working-solutions-nyc-announces-new-content-on-amazon-flex-and-finding-a-nyc-lawyer-for-wrongful-termination-or-misclassification","modified":"2021-11-24T16:03:44","title":"Working Solutions NYC Announces New Content on Amazon Flex and Finding a NYC Lawyer for Wrongful Termination or Misclassification","content":"Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce new content on Amazon Flex, wrongful termination, and misclassification issues in New York and New Jersey. \\n\\nAmazon Flex is a program by the mammoth retailer in which people drive their own cars to deliver packages and it is available in New York and New Jersey.\\nAmazon Flex may seem like a good way to make extra income, explained Chris Q. Davis, managing partner at the law firm. As our blog post explains, however, many people have apparently been terminated essentially by an algorithm and in certain cases they may or may not have an employment issue. Any person who believes that they have been wrongfully terminated or misclassified as an independent contractor vs. an employee should reach out to an attorney.\\nPersons who would like to read the new blog post on Amazon flex can visit https://www.workingsolutionsnyc.com/wednesday-worklaw-alert-amazon-flex-drivers-being-terminated-by-automated-system/. That post has become a popular piece of content on the Internet and social media as participants in the Amazon Flex program become concerned over potential wrongful termination and/or misclassification as a contractor vs. an employee. Each situation is unique, and anyone  who for any reason  feels like they have been wrongfully terminated or misclassified should reach out to a NY employment lawyer for a consultation. Only a licensed, trained lawyer can evaluate the facts and the law to assess whether one has a cause of action or not. Secondarily, those who are looking for a New York wrongful termination attorney . That information page explains some of the basics about wrongful termination in New York and the importance of reaching out to an employment attorney for a case evaluation.\\nThe reality is that contractors and employees have rights, and the best step can be reaching out to an employment attorney for a consultation about potential wrongful termination and/or misclassification as a contractor vs. an employee. Fortunately, the law firm offers a no obligation case evaluation over the phone, Internet, or in person as warranted.\\nABOUT WORKING SOLUTIONS NYC\\nWorking Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey at https://www.workingsolutionsnyc.com/, is proud to announce new content on Amazon Flex, wrongful termination, and misclassification issues in New York and New Jersey.</p>\\n"},{"id":10186,"path":"/blog/do-you-have-questions-about-your-fmla-rights-contact-our-office-today","slug":"do-you-have-questions-about-your-fmla-rights-contact-our-office-today","modified":"2021-11-23T21:37:10","title":"Do You Have Questions about Your FMLA Rights? Contact Our Office Today!","content":"According to the U.S. Department of Labor, the Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. If you have concerns on whether your employer has violated your FMLA rights or have questions about what they are, contact our office today to speak to one of our expert attorneys!","excerpt":""},{"id":10158,"path":"/blog/working-solutions-nyc-announces-new-post-on-furloughed-workers-and-new-yorks-warn-act","slug":"working-solutions-nyc-announces-new-post-on-furloughed-workers-and-new-yorks-warn-act","modified":"2023-03-14T14:26:58","title":"Working Solutions NYC Announces New Post on Furloughed Workers and New York’s WARN Act","content":"Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce new content on furloughed workers and the requirements for New Yorks WARN Act. The WARN Act requires employers to send notices about certain employment decisions, such as mass layoffs, to employees and relevant government entities before the decisions are implemented.\\nSince the beginning of the Pandemic, New York workers have faced a turbulent employment environment, explained Chris Q. Davis, managing partner at the law firm. Our latest post dives into these issues, especially New York employees who may have been furloughed and are now being formally terminated. In certain circumstances, they may have a course of action for unpaid wages or even wrongful termination. It depends and is case-by-case, so the best course of action is to reach out to an attorney for a case evaluation. \\nPersons who would like to learn more can visit the post at https://www.workingsolutionsnyc.com/have-you-been-furloughed-for-six-months-or-more-you-may-be-eligible-to-receive-sixty-days-of-pay-under-the-warn-act/. The post explains that in March 2020, thousands of New York workers were laid off as the pandemic began. And while some of these workers were able to return to the workplace, many were without work for months. If a person was furloughed for six months or more, they may be eligible to receive sixty days of pay and benefits under the New York Worker Adjustment and Retraining Notification Act (NY WARN Act). The WARN Act requires employers to send notices about certain employment decisions, such as mass layoffs, to employees and relevant government entities before the decisions are implemented.\\nWhile it is not up to the employee to figure out the law, any employee who feels that they may have been wrongfully terminated, not paid wages or overtime that was due to them, or furloughed and then not paid the appropriate severance pay or other pay for unpaid wages, should reach out to an employment attorney for a consultation. They can also visit the website for short, summary information. For example, the page on unpaid wages and overtime explains some of the basics about unpaid wages and overtime in New York. New Yorks laws are stringent but it may take a trained attorney to effectively confront activity by an employer.\\nABOUT WORKING SOLUTIONS NYC\\nWorking Solutions NYC is a law firm with offices in New York (New York City) and New Jersey that is committed to serving the possible needs of clients who are seeking an attorney. This includes but is not limited to claims of discrimination, retaliation, FMLA violations, wrongful termination, benefits &amp; vacation pay, FLSA violations such as unpaid &amp; overtime wages, severance agreements, and sexual harassment. For employers, the law firm handles issues such as litigation defense, handbook &amp; contract drafting, compliance &amp; HR advisory services, small business services, and startup services. Persons who may have employment law issues are encouraged to reach out to the law firm for a confidential, no obligation consultation.","excerpt":"<p>Working Solutions NYC, a team of top-rated employment attorneys working on severance, FMLA, and unpaid wages issues in New York and New Jersey is proud to announce new content on furloughed workers and the requirements for New York&#8217;s WARN Act.</p>\\n"},{"id":10147,"path":"/blog/do-you-have-unpaid-overtime-wages-call-or-live-chat-us-today","slug":"do-you-have-unpaid-overtime-wages-call-or-live-chat-us-today","modified":"2021-11-19T15:55:50","title":"Do You Have Unpaid Overtime Wages? Call or Live Chat Us Today!","content":"Are you confused about your overtime pay? Do you think you might have unpaid overtime wages? You might be right! Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 989-1920 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Are you confused about your overtime pay? Do you think you might have unpaid overtime wages? You might be right! Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 989-1920 to schedule a free case evaluation and receive experienced legal counsel. </p>\\n"},{"id":10150,"path":"/blog/9-million-dollar-settlement-for-wonder-bread-drivers-misclassified-as-independent-contractors","slug":"9-million-dollar-settlement-for-wonder-bread-drivers-misclassified-as-independent-contractors","modified":"2021-11-19T15:53:46","title":"$9 Million Dollar Settlement for Wonder Bread Drivers: Misclassified as Independent Contractors","content":"Drivers for Flower Foods Inc., parent company of Wonder Bread, are working towards a $9 million settlement in a class action lawsuit that accused the company of misclassifying drivers as independent contractors. \\nBackground on Misclassification Lawsuit\\nLepage Bakeries became a subsidiary of Flower Foods, Inc. in 2012. Since 2013, Lepage has contracted independent distributors who purchase distribution rights to sell and distribute products to customers in defined territories. According to the lawsuit, the job responsibilities of the distributor and the distributor’s relationship with Lepage went beyond the distributor agreements. Distributors were required to arrive at certain warehouses at certain times to stock the delivery vehicles or to deliver products to customers at specified times. Because Lepage classified distributors as independent contractors, the workers were unable to be paid overtime, something that the plaintiffs looked to recover in the lawsuit. \\nMisclassification Lawsuit\\nThe class action lawsuit was initially filed in 2015 by plaintiff, Timothy Noll. Noll alleged that the company Flower Foods, Inc., and its subsidiary Lepage Bakeries Park Street LLC, and delivery company CK Sales Co. LLC have violated federal and state laws by purposely misclassifying their distribution drivers as independent contractors. Flower Foods, Inc. denied them legal protections and benefits including guaranteed minimum wage and overtime pay. After a lengthy dispute, Noll and Flower Foods, Inc. finally agreed on a settlement. The class action lawsuit was litigated in Maine. \\nImportant Information about the Misclassification Lawsuit\\nThe final settlement payment of $9 million will be distributed to those named in the class action, and to other qualifying drivers. Noll will receive a payment of $10,000 The companies involved in the class action suit will pay the attorney fees of $7.5 million. The payments available to drivers is dependent on several factors including the number of weeks they drove for Flower Foods, Inc., the territories they worked in, and state wage deductions. Additionally, Lepage Bakeries will provide more job opportunities by offering qualified drivers positions as route sales representatives. In the non-monetary side of the lawsuit Flower Foods Inc.,Lepage Bakeries, and CK Sales, have agreed to drop their current employment. Flower Foods, Inc. has also agreed to buy back the distribution rights of the drivers, an estimated cost of $3.3 million. \\nRelated Wage Claim Lawsuits\\nIn 2016, Flower Foods, Inc. was also involved in a wage and hour class action lawsuit. Plaintiff Rodney Robinson alleged that the company had violated the Fair Labor Standards Act and the Kansas Wage Payment Act. He specifically mentioned how Flower Foods, Inc. did not compensate him, nor the employees listed in the class action suit, for time worked putting on and taking off required uniforms and gear. Flower Foods, Inc. settled the lawsuit in 2017 with a payment of $1.2 million. \\nSeek Legal Assistance Today\\nIf you have not received adequate compensation for your labor, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Drivers for Flower Foods Inc., parent company of Wonder Bread, are working towards a $9 million settlement in a class action lawsuit that accused the company of misclassifying drivers as independent contractors. </p>\\n"},{"id":10152,"path":"/blog/free-independent-contractor-consultation-call-or-live-chat-us-today","slug":"free-independent-contractor-consultation-call-or-live-chat-us-today","modified":"2021-11-19T15:49:34","title":"Free Independent Contractor Consultation! Call or Live Chat Us Today!","content":"","excerpt":""},{"id":10121,"path":"/blog/have-you-been-furloughed-for-six-months-or-more-you-may-be-eligible-to-receive-sixty-days-of-pay-under-the-warn-act","slug":"have-you-been-furloughed-for-six-months-or-more-you-may-be-eligible-to-receive-sixty-days-of-pay-under-the-warn-act","modified":"2021-11-11T11:42:27","title":"Have You Been Furloughed for Six Months or More? You May Be Eligible to Receive Sixty Days of Pay Under the WARN Act!","content":"In March 2020, thousands of New York workers were laid off as the pandemic began. And while some of these workers were able to return to the workplace, many were without work for months. If you were furloughed for six months or more, you may be eligible to receive sixty days of pay and benefits under the New York Worker Adjustment and Retraining Notification Act (NY WARN Act). The WARN Act requires employers to send notices about certain employment decisions, such as mass layoffs, to employees and relevant government entities before the decisions are implemented. \\nWARN Act Guidelines \\nUnder the NY WARN Act, New York employers with 50 employees or more are required to provide written notice to employees and government offices 90 days in advance of these employment events: \\n\\nMass layoffs: This includes a layoff of at least 25 full-time employees or at least 250 employees at a single employment site. This applies only if the layoff is expected to last over six months.\\n\\n\\nReduction of hours: The law also applies if at least 25 full-time employees or at least 250 employees have their hours reduced by more than 50% each month for six months or longer. \\n\\n\\nClosure of employment site: The final instance is the permanent or temporary closure of a single site of employment that results in an employment loss for 25 or more full-time employees in a 30-day period.\\n\\nWARN Act Violations \\nBecause many employers did not anticipate that layoffs and/or furloughs would exceed six months, they did not send out the notices mandated by the WARN Act. They may now need to assess whether they are in compliance with WARN standards. Employers that are found to be in violation of the WARN Act can face penalties, including daily fines and back pay for workers. These violations require employers to provide employees with 60 days of back pay and benefits. \\nSeek Legal Assistance Today \\nIf you believe you are owed wages under the WARN Act, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In March 2020, thousands of New York workers were laid off as the pandemic began. And while some of these workers were able to return to the workplace, many were without work for months. If you were furloughed for six months or more, you may be eligible to receive sixty days of pay and benefits&hellip;</p>\\n"},{"id":10115,"path":"/blog/apple-faces-wrongful-termination-claims-by-a-former-employee","slug":"apple-faces-wrongful-termination-claims-by-a-former-employee","modified":"2021-11-10T13:47:59","title":"Apple Faces Wrongful Termination Claims by A Former Employee","content":"A former Apple employee recently filed claims against the company for unlawful termination. Janneke Parrish, who held the position of an Apple Program Manager (AAPL), was fired on October 14, 2021. While there is no comment from Apple on the matter, the company’s CEO gave an earlier statement to employees, expressing their disapproval of confidential information leaks. Parrish explained to CNN Business that she was fired days later, after refusing to turn over personal files on her desktop before deleting them. Parrish filed a complaint to the National Labor Relations Board (NLRB), in which she expressed deleting files that were “private conversations” and ones that were not “Apple’s business to know.” Back in August, Parrish helped create the #AppleToo movement with a colleague, Cher Scarlette, to encourage Apple employees to speak up about their negative experiences in the workplace. The article notes that goal behind #AppleToo is to “call attention to systemic issues within Apple’s culture” that have been left unaddressed.\\nThe Goal of the #AppleToo Movement and Its Alleged Effect on Parrish’s Termination \\n The #AppleToo movement, which shares similar values to the original #MeToo movement created by Tarana Burke in 2006, prompted employees to share their negative experiences, namely discrimination, racism, and sexism. Parrish stated that Apple holds a culture of “secrecy” that has allowed systemic issues to persist within the company. During an interview with CNN Business, Parrish said that Apple employees submitted several reports of various incidents every week since the creation of the movement. The movement gives a platform for Apple employees to expose the ongoing issues that they face at work but do not feel comfortable openly discussing. Parrish argued that her organizing efforts to unveil the company’s unlawful labor practices dared “to disturb Apple’s universe,” which she believes is the reason behind her termination.\\nFederal and State Laws against Retaliation and Descrimination in the Workplace\\nThere are federal and state laws that protect employees from wrongful termination based on various class factors. For example, the Title VII of the Civil Rights Act of 1964 ensures that employees are not discriminated against on the basis of race, color, religion, sex, and national origin. The U.S. Employment Opportunity Commission (EEOC) also protects employees from retaliation through the Americans with Disabilities Act and the Equal Pay Act. According to the EEOC, retaliatory actions can be classified as “any action taken with regard to employment” including termination. Although the existence of these laws does not completely prevent unlawful practices from taking place, it ensures that employees can take action to defend their rights in the workplace. \\nSeek Legal Assistance Today \\nIf you believe you have been wrongfully terminated, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A former Apple employee recently filed claims against the company for unlawful termination.  Janneke Parrish, who held the position of an Apple Program Manager (AAPL), was fired on October 14, 2021. While there is no comment from Apple on the matter, the company’s CEO  gave an earlier statement to employees, expressing their disapproval of confidential&hellip;</p>\\n"},{"id":10094,"path":"/blog/if-you-were-furloughed-for-six-months-or-more-you-may-be-eligible-for-90-days-of-pay","slug":"if-you-were-furloughed-for-six-months-or-more-you-may-be-eligible-for-90-days-of-pay","modified":"2021-11-09T18:22:21","title":"If you were furloughed for six months or more, you may be eligible for 90 days of pay!","content":"","excerpt":""},{"id":10089,"path":"/blog/experiencing-sexual-harassment-in-the-workplace-call-or-live-chat-us-now","slug":"experiencing-sexual-harassment-in-the-workplace-call-or-live-chat-us-now","modified":"2021-11-05T06:56:37","title":"Experiencing Sexual Harassment in the Workplace? Call or Live Chat Us Now!","content":"","excerpt":""},{"id":10086,"path":"/blog/andrew-cuomo-charged-with-sexual-harassment","slug":"andrew-cuomo-charged-with-sexual-harassment","modified":"2021-11-04T22:46:21","title":"Andrew Cuomo Charged with Sexual Harassment","content":"This Thursday, October 28, Former Governor Andrew Cuomo was charged with the misdemeanor criminal complaint of forcible touching. This complaint was based on the account of one of roughly a dozen women whose accusations of sexual harassment resulted in Cuomo’s resignation from office in August. \\nSexual Harassment Allegations\\nIn an investigation report released on August 3, 2021, New York Attorney General Letitia James concluded that former Governor Andrew Cuomo sexually harassed multiple women and violated state law.” The investigation found that Cuomo had harassed current and former state employees, as well as several women outside of the state government. Cuomo’s sexual harassment included unwelcome and nonconsensual touching as well as comments of a suggestive or sexual nature, ultimately resulting in a hostile work environment for women. The investigation details the sexual harassment allegations of eleven women, and found all eleven women to be credible.\\nResponse to Sexual Harassment Allegations\\nCuomo has denied the allegations and continues to attempt to discredit the investigation and ensuing report. In a speech made on the day the report was released, Cuomo stated that he has never “touched anyone inappropriately or made inappropriate sexual advances. Despite Cuomo’s denial of sexual harassment, he was charged on Thursday with a misdemeanor sex-crime complaint. \\nSexual Harassment Complaint\\nThe complaint specifically centers around an alleged interaction between Cuomo and a female aide at the governor’s residence on December 7, 2020. The aide had accused Cuomo of sexual harassment while they were alone at his residence last year. She had filed a complaint against Cuomo in August and the subsequent investigation resulted in the criminal complaint signed by an investigator from the Albany County sheriff’s office. The criminal complaint said that Mr. Cuomo did “intentionally, and for no legitimate purpose, forcibly place his hand under the blouse shirt of the victim and onto her intimate body part”. \\nNext Steps \\nCuomo will be required to appear in court on November 17, 2021 to be arraigned on the charge of forcible touching. Forcible touching is a Class A misdemeanor with a penalty of up to one year in jail and up to three years of probation. The Albany County sheriff Craig Apple believes that there is a strong case against Cuomo. Some of the evidence against Cuomo includes a text message from his cell phone, State Police Blackberry PIN messages, State Police aviation records for December 7 as well as swipe-card entry records from the State Capital. \\nSeek Legal Assistance Today\\n\\nIf you are experiencing a hostile work environment or sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>This Thursday, October 28, Former Governor Andrew Cuomo was charged with the misdemeanor criminal complaint of forcible touching. This complaint was based on the account of one of roughly a dozen women whose accusations of sexual harassment resulted in Cuomo’s resignation from office in August.  Sexual Harassment Allegations In an investigation report released on August&hellip;</p>\\n"},{"id":10083,"path":"/blog/experiencing-racial-discrimination-in-the-workplace-call-or-live-chat-us-today","slug":"experiencing-racial-discrimination-in-the-workplace-call-or-live-chat-us-today","modified":"2021-11-03T11:06:50","title":"Experiencing Racial Discrimination in the Workplace? Call or Live Chat Us Today!","content":"","excerpt":""},{"id":10072,"path":"/blog/invesco-seeking-new-trial-after-fired-employee-receives-1-million-in-fmla-lawsuit","slug":"invesco-seeking-new-trial-after-fired-employee-receives-1-million-in-fmla-lawsuit","modified":"2021-10-28T20:32:20","title":"Invesco Seeking New Trial after Fired Employee Receives $1 Million in FMLA Lawsuit","content":"Raslyn Cobbin-Wooten, a former media relations director at Invesco Ltd, filed a lawsuit against her former employer claiming she was fired for taking time off under the Family and Medical Leave Act (FMLA). She had originally sued the company in 2019 for racial discrimination, claiming that she was denied certain amenities and privileges that a white counterpart was offered. She met with her supervisor in 2017 to discuss these disparities, and her supervisor never passed her complaints along to Human Resources (HR). When Cobbin-Wooten herself reported it to HR, there was no response, and she received a negative review from the supervisor. She was later placed on a “personal improvement plan.” After taking FMLA leave due to health concerns, she was placed on an “indefinite performance improvement plan.” A jury sided with her in June and awarded her $1 million for her FMLA claims. \\nInvesco Seeks New Trial\\nNow, Invesco is seeking a new trial, arguing that the jurys $1 million award incorrectly included $618,500 in punitive damages. Punitive damages are damages that exceed simple compensation and are awarded to punish the defendant for poor conduct. Cobbin-Wooten has objected to the companys request for a new trial, stating to the court that the company offered no compelling argument to set aside the jurys verdict. Cobbin-Wooten also told U.S. District Judge Kenneth M. Hoyt that the company failed to object during the original trial, meaning that it waived the argument. She added that there is no Fifth Circuit ruling that FMLA prohibits punitive damages. She stated, The statute does not expressly exclude punitive damages, and at least one federal court has held that the FMLA allows for compensatory and punitive damages.”\\nInvescos Pretrial Misconduct\\nCobbin-Wooten herself had also requested a new trial based on her Title VII racial discrimination claims, which the jury had rejected. Judge Hoyt denied her request for a new trial, stating that she had already been paid back her lost wages under the FMLA claim. However, the judge did sanction Invesco’s attorneys for their conduct before the trial. According to a recent Law360 article, “Judge Hoyt sanctioned Invescos attorneys for walking out of a deposition with the companys human resources director Rick Rarick twice to discuss a previously recorded conversation between Cobbin-Wooten and Rarick that came to light in the opposing counsels questioning.” \\nEven after their behavior during the deposition, the attorneys continued to display misconduct by asking the court for a summary judgement based on a false representation that they had investigated Cobbin-Wooten’s racial discrimination claims, which they had not. A summary judgement is a judgement entered by a court for one party against the other without a full trial. Judge Hoyt described this behavior as constituted obstruction and unprofessionalism.” He sanctioned the company and its counsel $3,480 for Cobbin-Wootens attorney fees and also gave Cobbin-Wooten $385,000 in liquidated damages, plus 6% prejudgement interest. Eric J. Cassidy, Cobbin-Wooten’s attorney, stated, The point is, the jury gave $1 million exactly, which to me indicates an intent to give $1 million, and if they were told they couldnt give punitive damages under FMLA, they could have maybe made a decision that was different on discrimination.” \\nSeek Legal Assistance Today \\nIf your FMLA rights are being violated, you might benefit from consulting with an FMLA lawyer in New York or New Jersey. Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Raslyn Cobbin-Wooten, a former media relations director at Invesco Ltd, filed a lawsuit against her former employer claiming she was fired for taking time off under the Family and Medical Leave Act (FMLA). She had originally sued the company in 2019 for racial discrimination, claiming that she was denied certain amenities and privileges that a&hellip;</p>\\n"},{"id":10067,"path":"/blog/facebook-agrees-to-pay-14-25-million-to-settle-discrimination-lawsuit-filed-by-the-justice-department","slug":"facebook-agrees-to-pay-14-25-million-to-settle-discrimination-lawsuit-filed-by-the-justice-department","modified":"2021-10-25T19:56:42","title":"Facebook Agrees to Pay $14.25 Million to Settle A Discrimination Lawsuit Filed by the Justice Department","content":"Last week, Facebook finally settled a discrimination lawsuit filed against the social media site in December of 2020. The complaint, filed by the Department of Justice, alleged that the company had refused to “recruit, consider or hire qualified and available U.S. workers.” Instead, the company offered to give more than 2,000 job positions to foreign workers who held temporary visas. According to an article published in the New York Times, the $14.25 million settlement includes a $4.75 million payment to the government and a $9.5 million payment to “eligible victims” in the suit. Under this agreement, Facebook is required to better promote job opportunities and make them more accessible for U.S. workers to apply. \\nThe Points Discussed in the Discrimination Suit\\nThe suit was filed after a two-year-long investigation to determine whether Facebook intentionally hired immigrant workers over U.S. workers. The results were that the company regularly hired H1-B and other temporary visa holders between January and September of last year. The company allegedly made jobs more accessible to foreign workers but did not promote them to U.S. workers. Another article by the Times highlights that Facebook used “less effective methods” when advertising job listings to probable U.S. applicants. The Department of Justice expressed that Facebook’s job hiring tactics were a violation of federal labor laws. The company will therefore be required to place more effort towards recruiting U.S. workers in the future. Facebook responded to the settlement stating that it had “met federal standards” but agreed to settle the lawsuit and move forward. U.S. officials added that Facebook will give training to employees on “federal anti-discrimination requirements.” \\nFederal and State Laws for Workplace Discrimination\\nBoth federal and state laws protect employees from being victims of discrimination in the workplace. Namely, Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against workers on the basis of “race, color, religion, national origin or sex.” Additionally, some states have amended their laws to further protect individuals from unfair treatment in the workplace. In New York state, new legislation was signed in 2019 that strengthened “protections against discrimination and harassment in the New York State Human Rights Law.” The current laws in place ensure that employers are giving equal treatment to all of their employees and are not making exceptions based on individualized preferences. \\nSeek Legal Assistance Today \\nIf you have experienced discimination in the workplace, you might benefit from a discrimination attorney in New York or New Jersey. Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646)-430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last week, Facebook finally settled a discrimination lawsuit filed against the social media site in December of 2020. The complaint, filed by the Department of Justice, alleged that the company had refused to “recruit, consider or hire qualified and available U.S. workers.” Instead, the company offered to give more than 2,000 job positions to foreign&hellip;</p>\\n"},{"id":10063,"path":"/blog/is-your-employer-violating-your-fmla-rights-call-or-live-chat-our-office-today","slug":"is-your-employer-violating-your-fmla-rights-call-or-live-chat-our-office-today","modified":"2021-10-21T11:50:49","title":"Is Your Employer Violating Your FMLA Rights? Call or Live Chat with an Attorney Today!","content":"","excerpt":""},{"id":10060,"path":"/blog/questions-about-severance-pay-call-or-live-chat-us-today","slug":"questions-about-severance-pay-call-or-live-chat-us-today","modified":"2021-10-20T06:33:57","title":"Questions About Severance Pay? Call or Live Chat Us Today!","content":"","excerpt":""},{"id":9997,"path":"/blog/chipotle-finally-reaches-an-8-million-settlement-after-a-lengthy-overtime-class-action-lawsuit","slug":"chipotle-finally-reaches-an-8-million-settlement-after-a-lengthy-overtime-class-action-lawsuit","modified":"2021-10-13T12:53:47","title":"Chipotle Finally Reaches an $8 Million Settlement After a Lengthy Overtime Class-Action Lawsuit","content":"After an eight-year long overtime class-action lawsuit, Chipotle has finally agreed to an $8 million settlement. The nationwide lawsuit, which began in 2012, was filed by former employee Maxcimo Scott, who worked in one of the fast-food’s NY chains. Scott— along with several other employees who were similarly situated—alleged to have experienced a violation of their rights under the Wages and the Fair Labor Standards Act (FLSA) and New York labor law violations. The seven employees who are listed on the suit expressed not receiving overtime wages despite working over 40-hour weeks. Nonetheless, the lawsuit was finally closed out earlier this month with $15,000 service awards for the seven named plaintiffs and $500 for the sixty-four opt-in plaintiffs, according to Law360. Chipotle has even offered to pay an additional $6.1 million for attorneys fees and costs.\\nThe Points Discussed in the Class-Action Lawsuit\\nAccording to an article published on Restaurant Business, an attorney working on the case explained that there were “lost overtime wages” for the plaintiffs “that amounted to $1.1 million.” The case underwent a long battle with a series of failed attempts to reach an agreement, including one settlement conference in 2015 and a mediation last November– both of which did not lead to a resolution. The article notes that the two parties eventually arrived at a decision but spent several months negotiating agreeable terms. The final results of the case follow a similar lawsuit that was filed in March of this year: Chipotle had agreed to pay $15 million to end an overtime dispute for over 4,500 workers who were misclassified to be exempt from federal overtime laws. In both cases, former employees of the company expressed their deep disappointment with the company’s alleged failure to uphold labor laws after working long and strenuous hours. \\nFederal and State Laws for Overtime Wages \\nThere are both federal and state laws that protect employees from overtime wage violations in the workplace. According to the Department of Labor on FLSA, covered nonexempt employees are entitled to a standard minimum wage and an overtime pay “at a rate not less than one and one-half times the regular rate of pay required after 40 hours of work in a work week.” Additionally, New York Labor Laws further uphold FLSA regulations and suggest that employers should “understand the role of employment in dictating minimum wage, protecting workers, and providing benefits.” Overall, both state and federal laws on overtime pay ensure that employees are legally entitled to receive adequate compensation for the hours they work. \\nSeek Legal Assistance Today \\nIf your employer has failed to pay your earned overtime wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646)-430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>After an eight-year long overtime class-action lawsuit, Chipotle has finally agreed to an $8 million settlement. The nationwide lawsuit, which began in 2012, was filed by former employee Maxcimo Scott, who worked in one of the fast-food’s NY chains. Scott— along with several other employees who were similarly situated—alleged to have experienced a violation of&hellip;</p>\\n"},{"id":9993,"path":"/blog/syracuse-university-to-pay-3-7-million-to-settle-pay-bias-lawsuit","slug":"syracuse-university-to-pay-3-7-million-to-settle-pay-bias-lawsuit","modified":"2021-10-11T14:35:36","title":"Syracuse University to Pay $3.7 Million to Settle Pay Bias Lawsuit","content":"Syracuse University will pay $3.7 million to settle a proposed class action lawsuit filed on Friday on behalf of five female faculty members at the university, Fiona Chew, Tula Goenka, Barbara Jones, Audie Klotz and Elisabeth Lasch-Quinn. The suit alleges that the university violated state and federal anti-discrimination laws by paying and promoting female faculty members less than their male counterparts. Later in the day on Friday, the faculty members filed a memorandum in Kings County Supreme Court requesting approval of the deal. The memorandum states, These negotiations were at all times at arms-length, and they have produced a result that plaintiffs counsel believes to be in the best interests of the class members in light of the costs and risks of continued litigation.” The memorandum also states that much of the lawsuit is based on information gathered from a December 2017 faculty salaries report that showed pay gaps between men and women in certain colleges and disciplines. The plaintiffs claim that the evaluation methods used by the university systemically underrated female faculty members, therefore resulting in a lower rate of promotions in comparison to male faculty members. \\nThe proposed class represents about 680 current and former faculty members who worked for the university between January 8, 2014 and last Friday in the positions of assistant, associate, and full-time professor. According to the recent Law360 article, the breakdown for the settlement is as follows: “The proposed settlement allocated $3 million for tenured or tenure-track associate and full-time professors and $340,000 for tenured or tenure-track assistant professors. For non-tenure track associate and full-time professors and assistant professors, the proposed settlement allocated $300,000 and $73,000, respectively.”\\nResponse to Syracuse Lawsuit \\nDeirdre A. Aaron of Outten &amp; Golden LLP, counsel for the proposed class, stated, We think the settlement provides meaningful relief to not only our clients but to other female faculty at the university, and we are encouraged that the university is committed to ensuring that these issues dont arise going forward.” She expressed hope that this lawsuit will bring greater visibility to gender bias in academia and higher education. \\nSyracuse University has not issued a public statement in response to the lawsuit. According to the memorandum, they are denying the lawsuit’s allegations. \\nSeek Legal Assistance Today \\nIf you are experiencing gender-based discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Syracuse University will pay $3.7 million to settle a proposed class action lawsuit filed on Friday on behalf of five female faculty members at the university, Fiona Chew, Tula Goenka, Barbara Jones, Audie Klotz and Elisabeth Lasch-Quinn. The suit alleges that the university violated state and federal anti-discrimination laws by paying and promoting female faculty&hellip;</p>\\n"},{"id":9987,"path":"/blog/tesla-ordered-to-pay-roughly-130-million-in-damages-in-racial-harassment-lawsuit","slug":"tesla-ordered-to-pay-roughly-130-million-in-damages-in-racial-harassment-lawsuit","modified":"2021-10-08T16:51:20","title":"Tesla Ordered to Pay Roughly $130 Million in Damages in Racial Harassment Lawsuit","content":"A federal jury found that Tesla Inc. subjected an employee to racial harassment and did not take the appropriate steps to prevent said employee from being harassed. The jury awarded the employee, Mr. Owen Diaz, more than $130 million dollars in damages. \\nA Racially Hostile Environment\\nOwen Diaz worked as an elevator operator at Tesla’s Fremont, California factory in 2015 and 2016. In his lawsuit, Diaz stated that he and other employees were called the N-word and told to “go back to Africa” by other Tesla employees. Diaz also stated that other employees drew swastikas and racist slurs in a bathroom stall and left derogatory caricatures of Black people around the factory. Diaz said that he was working in an environment that resembled a “scene straight from the Jim Crow era.” Diaz, his son and another Black former employee sued Tesla Inc. for the racial harassment they suffered while working for the company. \\nThe Verdict of the Lawsuit\\nThe jury agreed that Tesla Inc. was responsible for a racially hostile environment by failing to combat the racial harassment that Mr. Diaz and others experienced while working at the Fremont factory. The jury ordered the company to pay $130 million dollars in punitive damages and $6.9 million in emotional damages. Lawrence Organ of the California Civil Rights Law Group represented Mr. Diaz. Organ said of the verdict, “It’s a great thing when one of the richest corporations in America has to have a reckoning of the abhorrent conditions at its factory for Black people.” Organ added that both Mr. Diaz and himself hope that this lawsuit sends a message to corporate America to “look at your workplace and, if there are problems there, take proactive measures to protect employees against racist conduct. It is happening, and we need to do something about it.\\nTesla’s Response:\\nTesla responded with an official statement on their website this Monday, October 4. The statement asserted that Mr. Diaz was a contract employee rather than an official employee of Tesla. They also stated that the use of racial slurs was a common practice at the facility that Mr. Diaz worked at and that they thought the language was used in a “friendly manner”. The statement also asserted that there was “no witness testimony or other evidence” that anyone ever heard the racial slurs used toward Mr. Diaz. Tesla Inc. believes that the verdict reached by the jury is unfair and does not account for the changes made by the company. Since 2016, Tesla Inc. has added an Employee Relations team, a Diversity, Equity &amp; Inclusion team, and a comprehensive Employee Handbook. \\nSeek Legal Assistance Today\\nIf you have experienced racial harassment or discrimination in the workplace, you might benefit from a NYC discrimination lawyer. Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A federal jury found that Tesla Inc. subjected an employee to racial harassment and did not take the appropriate steps to prevent said employee from being harassed. The jury awarded the employee, Mr. Owen Diaz, more than $130 million dollars in damages.  A Racially Hostile Environment Owen Diaz worked as an elevator operator at Tesla’s&hellip;</p>\\n"},{"id":9982,"path":"/blog/are-you-experiencing-pregnancy-discrimination-in-the-workplace-call-or-live-chat-our-office-today","slug":"are-you-experiencing-pregnancy-discrimination-in-the-workplace-call-or-live-chat-our-office-today","modified":"2021-10-07T11:28:25","title":"Are you experiencing pregnancy discrimination in the workplace? Call or live chat our office today!","content":"","excerpt":""},{"id":9975,"path":"/blog/new-lawsuit-launched-against-salt-bae","slug":"new-lawsuit-launched-against-salt-bae","modified":"2021-10-06T17:43:51","title":"New Lawsuit Launched Against Salt Bae","content":"Recently, a lawsuit was launched against Nusr-Et, a chain of steakhouses run by Nurset “Salt Bae” Gokce, who became an internet sensation for viral videos displaying him cutting and serving steak. Nusr-Et has locations in prominent cities across the world most notably New York and Dubai and sports an expensive menu that features a $275 tomahawk wagyu steak.\\nInformation about Salt Bae Lawsuit\\nLast month, Louis Pechman, who successfully sued Nusr-Et in 2019, filed another lawsuit against Nusr-Et on the behalf of five grill men, who would work upwards of seventy hours a week without overtime compensation. The suit alleges that Nusr-Et avoided properly paying the plaintiffs by misclassifying them as managers and would pay them a flat weekly salary. This misclassification began as early as the plaintiffs’ visa applications when Gokce originally recruited them from Turkey to relocate to the United States in 2018 and 2019. Information on their visas and their official job descriptions drummed up their duties to justify their classification as exempt workers. Additionally, they were forfeited the extra hour of pay that certain restaurant workers are entitled to if their shifts last more than ten hours. The lawsuit also alleges that Gokce and managers instructed the plaintiffs to work extra hours in addition to their twelve hour shifts when Gokce was present. During unrest in New York City this past summer, the plaintiffs were instructed to work as overnight security to ensure the locations were not vandalized.\\nThe plaintiffs also detailed that when Gokce was present in their respective establishments he would create a hostile work environment by cursing at the plaintiffs and blaming other employees’ mistakes on them.\\nLaws that Protect Non-Exempt Workers\\nUnder the Fair Labor Standards Act (FLSA), non-exempt workers are entitled to overtime pay that is 1.5 times their normal hourly wage after working more than forty hours in a given work week. As well, the spread of hours rule grants certain non-exempt employees an extra hour of pay on top of their total wages if their shift is longer than ten hours.\\nSeek Legal Assistance Today\\nIf you have overtime claims or are experiencing a hostile work environment, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 970-9482 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Recently, a lawsuit was launched against Nusr-Et, a chain of steakhouses run by Nurset “Salt Bae” Gokce, who became an internet sensation for viral videos displaying him cutting and serving steak. Nusr-Et has locations in prominent cities across the world most notably New York and Dubai and sports an expensive menu that features a $275&hellip;</p>\\n"},{"id":9956,"path":"/blog/questions-about-overtime-wages-call-or-live-chat-us-now","slug":"questions-about-overtime-wages-call-or-live-chat-us-now","modified":"2021-10-05T18:42:00","title":"Questions About Overtime Wages? Call Or Live Chat Us Now!","content":"","excerpt":""},{"id":9928,"path":"/blog/judge-rules-that-student-athletes-can-plausibly-allege-ncaa-as-employer","slug":"judge-rules-that-student-athletes-can-plausibly-allege-ncaa-as-employer","modified":"2021-09-27T22:03:56","title":"Judge Rules that Student Athletes Can Plausibly Allege NCAA as Employer","content":"Last week, a federal judge dismissed a proposed wage class action claim filed by student athletes against multiple universities. However, the judge did not dismiss the claims against the National Collegiate Athletic Association (NCAA), saying the athletes “plausibly alleged the regulatory body is their joint employer under the Third Circuits four-factor ‘Enterprise test’” according to a recent Law360 article. The term “Enterprise test” was coined after the Third Circuits 2012 ruling in Re: Enterprise Rent-A-Car Wage &amp; Hour Employment Practices Litigation and is used to determine whether a person or entity can be classified as an employer. \\nStudent Athletes File Suit Against Universities and NCAA \\nThe suit was filed in November 2019 by Ralph Trey Johnson, a former football player at Villanova University. In the suit, Johnson alleges that NCAA student athletes are employees under the Glatt test, a test used to determine what an intern should receive in exchange for their work. The suit claims that under this test, NCAA student athletes are employees and therefore owed minimum wage under the Fair Labor Standards Act and Pennsylvania law. Other student athletes joined the suit, and the group sought collective certification in April 2020. This bid is still pending. \\nJudge Makes Employment Distinction Between Universities and NCAA\\nAfter the universities and the NCAA filed their motions to dismiss, the federal judge applied the four steps of the Enterprise test. According to the Law360 article, these four steps examine “if an alleged employer can hire and fire the relevant employees; has authority to ‘promulgate work rules and assignments and to set the employees conditions’ of employment; is involved in day-to-day employee supervision and discipline; and has actual control of employee records.” The judge determined that the steps do not describe the relationship between the universities and athletes, but that they do describe the relationship between the NCAA and athletes. \\nU.S. District Judge John R. Padova stated that the NCAAdoes more than just impose rules regarding the recruitment of intercollegiate athletes; it also investigates violations of those rules and imposes penalties, including the firing of student athletes, for those violations.” He added, We thus conclude that the complaint plausibly alleges that the NCAA exercises significant control over the hiring and firing of student athletes, including plaintiffs, such that the complaint satisfies the first factor of the Enterprise test with respect to the NCAA. For example, if a student athlete does not comply with NCAA rules, the association has the right to suspend or fire the athlete. \\nSeek Legal Assistance Today \\nIf you are experiencing any employment issues, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last week, a federal judge dismissed a proposed wage class action claim filed by student athletes against multiple universities. However, the judge did not dismiss the claims against the National Collegiate Athletic Association (NCAA), saying the athletes “plausibly alleged the regulatory body is their joint employer under the Third Circuit&#8217;s four-factor ‘Enterprise test’” according to&hellip;</p>\\n"},{"id":9924,"path":"/blog/questions-about-your-severance-agreement-call-or-live-chat-us-today","slug":"questions-about-your-severance-agreement-call-or-live-chat-us-today","modified":"2021-09-23T13:12:57","title":"Questions About Your Severance Agreement? Call or Live Chat Us Today!","content":"","excerpt":""},{"id":9918,"path":"/blog/free-independent-contractor-consultation-4","slug":"free-independent-contractor-consultation-4","modified":"2021-09-22T23:57:01","title":"Free Independent Contractor Consultation","content":"","excerpt":""},{"id":9915,"path":"/blog/are-you-experiencing-a-hostile-work-environment","slug":"are-you-experiencing-a-hostile-work-environment","modified":"2021-09-21T19:22:54","title":"Are you experiencing a  hostile work environment?","content":"","excerpt":""},{"id":9861,"path":"/blog/nycs-covid-19-vaccine-mandate-on-hold","slug":"nycs-covid-19-vaccine-mandate-on-hold","modified":"2021-09-17T17:00:28","title":"NYC’s COVID-19 Vaccine Mandate on Hold","content":"On September 15, 2021, two New York State federal judges ruled for temporarily blocking the COVID-19 vaccine mandate for New York City public school staff and all New York healthcare workers. \\nCovid-19 Vaccine Mandates\\nOn August 16, 2021, Cuomo announced that all healthcare workers in New York state must get at least one dose of a COVID-19 vaccine by September 27, 2021. Similarly, on August 23, 2021, Mayor de Blasio mandated that all New York City public school staff must be vaccinated for the upcoming school year. The mandate gave the Department of Education until September 27, 2021 to receive at least one dose of a vaccine. \\nPublic Response to Vaccine Mandates\\nThis Monday, hundreds of protesters rallied in Foley Square to speak out against mandatory vaccination for public school staffers. Protesters said that their main concern was that their employment is contingent on their medical decisions. In a news conference in August regarding the vaccine mandate, Mayor de Blasio said that the vaccine mandate will “help ensure that everyone is safe”. \\nCases Against Vaccine Mandates\\nThis Tuesday, Judge Laurence Love issued a restraining order against Mayor de Blasio’s vaccine mandate. This ruling is the result of several municipal unions suing the city over mandatory vaccinations. According to District Council 37 Executive Director Henry Garrido, “While we do believe our members should get the vaccine, we do not believe it should be a condition of employment.” Also on Tuesday, Judge David Hurd temporarily suspended the state’s mandatory vaccination of healthcare workers following lawsuits by a group of medical professionals. The healthcare workers sued the state because they said the vaccine mandate violated their constitutional rights by refusing religious exemptions. Judge Love set September 22, 2021 as the hearing date for the Department of Education case and Judge Hurd gave the state until September 22, 2021 to respond to the healthcare workers lawsuit. \\nState’s Response to Vaccine Mandate Lawsuits\\nMayor de Blasio is seemingly unperturbed and states that the city still plans on implementing the vaccine mandates on September 27, 2021. Governor Kathy Hochul states that New York state will appeal any court rulings against the vaccine mandates. However, until September 22, 2021, there is a hold on COVID-19 vaccine mandates for New York City public school staff and New York healthcare workers. \\nEmployee Vaccine Rights\\nEmployee rights in regards to vaccinations vary. There are some private corporations like Google or Uber that are mandating vaccinations for their employees in order for them to return to work. This is also often dependent on whether a company or workforce is returning to in-person work. There are a select group of people protected by the Americans with Disabilities Act who are not required to return to work in-person. \\nSeek Legal Assistance Today\\nIf you have any questions about vaccines in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>On September 15, 2021, two New York State federal judges ruled for temporarily blocking the COVID-19 vaccine mandate for New York City public school staff and all New York healthcare workers.   Covid-19 Vaccine Mandates On August 16, 2021, Cuomo announced that all healthcare workers in New York state must get at least one dose of&hellip;</p>\\n"},{"id":9855,"path":"/blog/concerns-about-your-fmla-rights-call-or-live-chat-us-today","slug":"concerns-about-your-fmla-rights-call-or-live-chat-us-today","modified":"2021-09-16T20:38:26","title":"Concerns about Your FMLA Rights? Call or Live Chat Us Today!","content":"","excerpt":""},{"id":9851,"path":"/blog/having-issues-in-the-workplace-call-or-live-chat-our-office-today","slug":"having-issues-in-the-workplace-call-or-live-chat-our-office-today","modified":"2021-09-14T14:54:21","title":"Having Issues in the Workplace? Call or Live Chat Our Office Today!","content":"","excerpt":""},{"id":9846,"path":"/blog/can-paid-family-leave-encourage-employees-to-return-to-work-earlier","slug":"can-paid-family-leave-encourage-employees-to-return-to-work-earlier","modified":"2021-09-10T17:25:26","title":"Can Paid Family Leave Encourage Employees to Return to Work Earlier?","content":"According to an article published on CNBC, the Bipartisan Policy Center and Morning Consult conducted a survey to determine whether paid family leave can push unemployed Americans to return to work sooner. The survey found that 37 percent of employees who have stopped working due to the pandemic would agree to come back to work if their employer offered paid family leave. Furthermore, 58 percent of American employees who have reduced their hours also stated that they would work longer if their employer instituted the policy. These findings came after a similar survey, conducted by the same organization last year, discovered that millions of workers quit their jobs due to “caregiving responsibilities.” The majority of these employees— who happen to be people of color—expressed the difficulties of simultaneously fulfilling caregiving and rigid workplace responsibilities.\\nWhat Do the Results of the Survey Suggest?\\nThe article notes that the United States is one of the few wealthy countries without a national family paid leave policy. Currently over “79% of workers do not have access to paid family leave, while 60% do not have access to paid medical leave.” With the rise of the pandemic and schools closing, caregivers have faced challenges with balancing their home and work responsibilities. As a result, many have lost their jobs and became dependent on federal unemployment benefits. An associate director at the Bipartisan Policy Center referred to the survey results to explain why employees need “workplace flexibility” and how they can receive that through paid family leave. \\nPotential Changes to the Family Medical Leave Act\\nSince the Family and Medical Leave Act (FMLA) was established in 1993, many have encouraged states to implement paid leave policies over the years after seeing that unpaid leave is not affordable or accessible for all employees. According to the article, “only nine states, including New York, New Jersey, and Washington D.C. have instituted paid leave programs.” However, even in states that have created paid family leave programs, there are still “barriers to access.” Employees must meet certain criteria in order to be granted FMLA. Due to the existing limitations of FMLA, coupled with the pandemic, there is a stronger need for change to occur in the workplace. While amendments to FMLA have yet to be enacted, President Joe Biden proposed a plan to pay “up to 12 weeks of paid family leave by raising taxes” in an announcement to the American Families Plan back in April.\\nSeek Legal Assistance Today \\nIf your employer has violated your FMLA rights, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646)-430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>According to an article published on CNBC, the Bipartisan Policy Center and Morning Consult conducted a survey to determine whether paid family leave can push unemployed Americans to return to work sooner. The survey found that 37 percent of employees who have stopped working due to the pandemic would agree to come back to work&hellip;</p>\\n"},{"id":9841,"path":"/blog/usps-exposed-for-years-of-wage-theft","slug":"usps-exposed-for-years-of-wage-theft","modified":"2021-09-10T12:18:18","title":"USPS Exposed for Years of Wage Theft","content":"A recent Associated Press (AP) article exposed the United States Postal Service (USPS) for systemic wage theft throughout recent years. The piece begins by introducing Nancy Campos, a 59-year-old mail carrier working in Midland, Texas, who has repeatedly been cheated out of her pay. In January, she worked thirteen days in a row without a lunch break and even worked on Martin Luther King Jr. Day. That day, she took a picture of her time sheet so she could compare it to her pay stub. When she checked her pay stub two weeks later, it was just as she had expected: she was missing six hours of overtime pay, totaling up to $200 in unpaid wages. Campos said, “I knew what was going to happen because it happens every pay period.”\\n \\nMail carriers are expected to swipe in and out of their shift within an eight hour time frame. This is because the USPS does not want to pay the carriers overtime wages, which are 50% extra per hour under the Fair Labor Standards Act (FLSA). The AP article states that the USPS has faced pressure from the inspector general to keep overtime pay to a minimum. However, mail carriers have explained it is usually impossible to complete all of their deliveries—along with sorting and unloading mail—within this eight hour shift. In recent months, the combination of a spike in online shopping and the mounting debt crisis faced by the USPS has resulted in managers robbing workers of their overtime pay. \\nInvestigation into Wage Theft by the USPS\\nAn investigation conducted by the Center for Public Integrity revealed that Campos is just one of many mail carriers who has been cheated by the USPS. Arbitrators and federal investigators discovered that the agency has been illegally underpaying hourly workers across the country for years. The AP article reports, “From 2010 to 2019, at least 250 managers in 60 post offices were caught changing mail carriers’ time cards to show them working fewer hours, resulting in unpaid wages, according to a batch of arbitration award summaries obtained by Public Integrity for cases filed by one of the three major postal unions.” Additionally, these managers rarely received more than a slap on the wrist for their actions. In fact, records show that some of them continued to alter time cards even after they were caught. \\nAccording to data collected from the Department of Labor, the USPS has been cited 1,150 times by the federal government since 2005 for underpaying letter carriers and other employees. Collectively, these workers lost about $659,000 in pay, less than half of which they received back from the Postal Service after negotiations with the DOL . While the data collected from the Center for Public Integrity and the Department of Labor is telling, it is far from the full picture: these statistics do not account for arbitration cases that were settled before reaching arbitration. \\nResponse from the USPS\\nDavid Partenheimer, a spokesperson for the USPS, said the Postal Service does not condone supervisors altering time cards and claims that the agency takes these instances of wage theft very seriously. In an email to the Center for Public Integrity, Partenheimer writes, “This position is messaged to the postal workforce directly from postal leaders, including the Vice President, Delivery Operations, who periodically reissues policies regarding appropriate timecard administration for supervisors.” As mentioned earlier, the USPS has faced serious financial hardships in recent months, especially during the pandemic. \\nSeek Legal Assistance Today \\nIf you are experiencing wage theft, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646)-430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n&nbsp;","excerpt":"<p>A recent Associated Press (AP) article exposed the United States Postal Service (USPS) for systemic wage theft throughout recent years. The piece begins by introducing Nancy Campos, a 59-year-old mail carrier working in Midland, Texas, who has repeatedly been cheated out of her pay. In January, she worked thirteen days in a row without a&hellip;</p>\\n"},{"id":9838,"path":"/blog/unpaid-overtime","slug":"unpaid-overtime","modified":"2021-09-09T18:14:52","title":"Unpaid Overtime?","content":"","excerpt":""},{"id":9833,"path":"/blog/questions-about-your-wages-hours-or-employment","slug":"questions-about-your-wages-hours-or-employment","modified":"2021-09-02T14:26:58","title":"Questions About Your Wages, Hours, or Employment?","content":"","excerpt":""},{"id":9826,"path":"/blog/are-you-experiencing-gender-discrimination-in-the-workplace","slug":"are-you-experiencing-gender-discrimination-in-the-workplace","modified":"2021-08-31T15:25:18","title":"Are You Experiencing Gender Discrimination in the Workplace?","content":"","excerpt":""},{"id":9813,"path":"/blog/three-former-kraft-heinz-factory-workers-file-30-million-racial-discrimination-lawsuit","slug":"three-former-kraft-heinz-factory-workers-file-30-million-racial-discrimination-lawsuit","modified":"2021-08-27T11:17:27","title":"Three Former Kraft Heinz Factory Workers File $30 Million Racial Discrimination Lawsuit","content":"Three black former factory workers filed a $30 million lawsuit against Kraft Heinz (KHC) for repeated threats and racial discrimination from their coworkers and supervisors. According to a CNN Business article, the lawsuit was filed in the US Eastern District Court of California last week by Alex Horn, Lance Aytman, and Keith Hooker. The plaintiffs claim that they, and other black employees at the factory based in Tulare, California, have been victims of racial threats, derogatory remarks, and ongoing harassment for several years. When they approached their supervisors about the issues they were experiencing, they were told to “keep their heads down or else they could join the unemployment line.” Initially, the company hesitated to respond to the allegations. However, they later disclosed that they would investigate and take immediate action based upon any policies that were violated. \\nInformation Outlined in the Racial Discrimination Lawsuit \\nIn the article, the three plaintiffs highlighted many incidents in which they felt racially targeted. They mentioned instances where some coworkers drew swastikas on their lockers, referred to them by the n-word, and taunted them to quit. Hooker, who has worked at the company for over 22 years, stated that he resigned after receiving death threats in 2018. While Aytman and Horn, who had been at the company for eight years, were fired for “pretextual grounds.” On all of these occasions, the plaintiffs expressed the disregard their supervisors had for their accusations. The lawsuit further alleges that the racial hate and threats they faced have left significant psychological impacts on all three men. According to the article, Aytman suffers from anxiety and depression, which he alleges resulted from the “hostile work environment.” While Kraft Heinz has stated their intent towards creating a more inclusive and diverse environment, they have not commented on the specific allegations of this lawsuit. \\nLaws That Protect Employees from Racial Harassment and Discrimination in the Workplace\\nVarious federal and state laws protect employees from racial discrimination and harassment in the workplace. Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees based on religion, sex, race, and several other factors. Additionally, the U.S. Equal Employment Opportunity Commission protects employees from being punished for “asserting their rights to be free from employment discrimination including harassment.” Furthermore, under federal law, it is illegal to harass an employee on the basis of race through offensive or derogatory remarks, displaying racially offensive symbols, or racial slurs.\\nSeek Legal Assistance Today \\nIf you have been a victim of racial discrimination and harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Three black former factory workers filed a $30 million lawsuit against Kraft Heinz (KHC) for repeated threats and racial discrimination from their coworkers and supervisors. According to a CNN Business article, the lawsuit was filed in the US Eastern District Court of California last week by Alex Horn, Lance Aytman, and Keith Hooker. The plaintiffs&hellip;</p>\\n"},{"id":9806,"path":"/blog/wednesday-worklaw-alert-should-i-sign-my-severance-agreement","slug":"wednesday-worklaw-alert-should-i-sign-my-severance-agreement","modified":"2021-08-25T19:16:58","title":"Wednesday Worklaw Alert: Should I Sign My Severance Agreement?","content":"First of all, what is a severance agreement? A severance agreement is a contract between you and your employer that outlines each of your responsibilities and rights when you are terminated from your job. Sometimes, the wording of severance agreements can benefit the employer at the cost of the employee. An employment lawyer can assist in reviewing your severance agreement and, if necessary, negotiate the terms with your employer to ensure you know your rights and are maximizing your benefits. \\nWhat should I look for in a severance agreement? \\nGeneral release of all claims \\nLook for a general release at the end of a severance package – it usually starts by saying something like, “You agree to release any and all claims….” Some releases are “limited,” or are for only particular claims, but most are for all possible claims, and you will no longer be able to hold the company responsible for any claim or prior grievance you may have against them. Make sure you do not sign an agreement that takes away your ability to file claims, such as whistleblower or workers’ compensation. \\nContinuing health coverage \\nOften, severance agreements will have provisions for “bridge the gap” health insurance, or COBRA. You want to be certain there will be no gap in your insurance coverage and if there is no mention of health insurance continuation or any mention of termination of health insurance immediately, you absolutely do not want to sign until you consult with a lawyer.\\nReferences \\nMany employers will offer to provide references in a severance pay agreement. Be wary of severance agreements that do not offer to provide references, especially if the company you’re working for is simply reducing their workforce. Ensure your employer is contractually bound to provide references to future employers. \\nMutual non-disparagement \\nThis is another common clause that you need to watch out for. If you sign, you could be barred from ever speaking “ill” of the company or disparaging them in any way; it sounds simple enough, but the definition of “disparagement” is largely a subjective one. If asked to sign a non-disparagement agreement, it’s important that you work with a severance agreement lawyer to ensure it is mutual versus one sided. \\nSeverance amount \\nReview the total package and ensure that it is sufficient to sustain you until you are able to find new employment. Sometimes, employers provide a low amount with the expectation that employees will negotiate it. \\nReason for termination \\nTypically, a severance agreement will include the reason for your termination. If possible, the severance agreement should list a reason for termination that will not automatically exclude you from being able to file for unemployment benefits.\\nNon-compete clause \\nCheck the agreement for any non-compete clauses that are more restrictive than any you signed at the start of your employment. \\nMutual releases \\nEnsure that if you are releasing your employer, your employer is also releasing you. \\nSeek Legal Assistance Today \\nIf you would like your severance agreement reviewed or negotiated, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>First of all, what is a severance agreement? A severance agreement is a contract between you and your employer that outlines each of your responsibilities and rights when you are terminated from your job. Sometimes, the wording of severance agreements can benefit the employer at the cost of the employee. An employment lawyer can assist&hellip;</p>\\n"},{"id":9801,"path":"/blog/unsure-about-your-severance-agreement-call-or-live-chat-our-office-today","slug":"unsure-about-your-severance-agreement-call-or-live-chat-our-office-today","modified":"2021-08-24T11:48:04","title":"Unsure About Your Severance Agreement? Call or Live Chat Our Office Today!","content":"","excerpt":""},{"id":9796,"path":"/blog/fda-approves-pfizer-biontech-vaccine","slug":"fda-approves-pfizer-biontech-vaccine","modified":"2021-08-23T16:31:03","title":"FDA Approves Pfizer-BioNTech Vaccine","content":"On August 23, 2021, the U.S. Food and Drug Administration (FDA) fully approved the Pfizer-BioNTech coronavirus vaccine. This licensing could help increase inoculation rates and is likely to encourage the already growing wave of vaccine mandates by employers and universities.\\nVaccine Milestones\\nThe Pfizer-BioNTech vaccine is the first licensed vaccine for coronavirus. This means that the vaccine has been approved for use outside of emergency use authorization. Rebranded Comirnaty, the Pfizer-BioNTech vaccine has been approved for two doses, three weeks apart, for individuals 16 and older. The vaccine is also available to adolescents ages 12 to 15 and certain immunocompromised indivuals are now eligible for a third dose under emergency authorization. The vaccine is composed of messenger RNA (mRNA), a kind of genetic material that is used by the body to mimic one of the proteins in the virus that causes COVID-19. The vaccine causes the individual’s immune system to react defensively to the virus that causes COVID-19. According to the FDA, the mRNA in the vaccine is only present in the body for a short period of time and does not alter or impact an individual’s genetic material. Over 200 million Americans have already received the vaccine. \\nA Speedy Process\\nSome critics of the agency have been pushing the FDA to move faster with the approval process, claiming that the emergency authorization of the vaccine demonstrated the safety and effectiveness of the shot. Despite the criticism, the approval process for the Pfizer-BioNTech vaccine was the fastest in FDA history. The vaccine was approved less than four months after Pfizer filed for licensing in May of this year. Unless a previously unobserved side effect develops, the FDA approval of the vaccine will last indefinitely.\\nMoving Forward with the Pfizer Vaccine\\nThe Center for Disease Control’s vaccine advisory committee is expected to meet soon to decide on recommending the approved vaccine. The advisory committee has already recommended the Pfizer-BioNTech vaccine for use in an emergency capacity, so it is almost certain that they will recommend the licensed product. Pfizer-BioNTech has also submitted early-stage data to the FDA for its booster licensing application. \\nVaccine Mandates by Employers\\nThere may be an increase in vaccination rates with the federal approval of the vaccinations. However, this could also be attributed to the spike in cases of the Delta Variant. There are predictions that the licensing of the Pfizer-BioNTech will lead to increased vaccine requirements by colleges, workplaces, and concert or film venues. This summer, many companies such as Google and United Airlines began to mandate vaccinations for their employees. Experts believe that federal approval will encourage other companies to follow suit. These vaccine requirements are designed to protect workers against the highly contagious virus.\\n\\nSeek Legal Assistance Today\\nIf you have any questions about vaccines in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>On August 23, 2021, the U.S. Food and Drug Administration (FDA) fully approved the Pfizer-BioNTech coronavirus vaccine. This licensing could help increase inoculation rates and is likely to encourage the already growing wave of vaccine mandates by employers and universities. Vaccine Milestones The Pfizer-BioNTech vaccine is the first licensed vaccine for coronavirus. This means that&hellip;</p>\\n"},{"id":9792,"path":"/blog/disability-case-against-walmart-results-in-woman-receiving-125-million-dollars","slug":"disability-case-against-walmart-results-in-woman-receiving-125-million-dollars","modified":"2021-08-20T17:37:09","title":"Disability Case Against Walmart Results in Woman Receiving 125 Million Dollars","content":"Marlo Spaeth and her sister\\nMarlo Spaeth, who has down syndrome, worked for Walmart in Wisconsin for 16 years. She consistently received positive performance reviews from management. Walmart decided to elongate Spaeth’s usual shift despite her disability. Spaeth later requested an accommodation for her disability. She asked to leave 60 to 90 minutes early from the shift. Ms. Spaeth was denied the accommodation.Walmart fired Marlo Spaeth in 2015 due to her disability. Spaeth’s sister reports that Marlo was devastated and lost all sense of purpose after she was fired. The sisters sued Walmart (EEOC v. Walmart Stores East LP, in the U.S. District Court for the Eastern District of Wisconsin, Case No. 17-cv-70) and the lawsuit concluded in July 2021. The jury found that the alleged conduct violated the Americans with Disabilities Act. Ms. Spaeth was awarded 150,000 in compensatory damages and 125,000,000 in punitive damages. Walmart’s spokesman, Randy Hargrove, stated, “We take supporting all our associates seriously and for those with disabilities, we routinely accommodate thousands every year.” While Chicago District Director of the EEOC, Julianne Bowman, said “Employers, no matter how large, have an obligation under the law to evaluate the individual circumstances of employees with disabilities when considering requests for reasonable accommodations. Ms. Spaeth’s request was a simple one and denying it profoundly altered her life.”\\nAmericans with Disabilities Act \\n  The Americans with Disabilities Act requires accommodations for all qualified workers within the United States as long as it does not cause undue hardship to the employer. The ADA defines a disability as, “a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.” Undue hardship is defined by the EEOC as, “is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work. This definition creates a high standard for employers to uphold when accommodating employees with disabilities. The regulations also outline potential reasonable accommodations. Some examples of reasonable accommodations according to the EEOC for employees with intellectual disabilities include providing someone to read or interpret application materials, demonstrating to the applicant what the job requires, modifying tests and training materials, and replacing a written test with an expanded interview. However, there are many different ways to accommodate employees who have an intellectual disability. Check out some of our other blogs to learn more about the Americans with Disabilities Acts. \\nSeek Legal Assistance If Your Disability is Not Accommodated \\nIf your employer has failed to provide reasonable accommodations for your disability, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 879-6986 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Marlo Spaeth, who has down syndrome, worked for Walmart in Wisconsin for 16 years. She consistently received positive performance reviews from management. Walmart decided to elongate Spaeth’s usual shift despite her disability. Spaeth later requested an accommodation for her disability. She asked to leave 60 to 90 minutes early from the shift. Ms. Spaeth was&hellip;</p>\\n"},{"id":9777,"path":"/blog/do-you-believe-your-employer-is-not-paying-you-properly-seek-expert-legal-advice","slug":"do-you-believe-your-employer-is-not-paying-you-properly-seek-expert-legal-advice","modified":"2021-08-19T15:53:45","title":"Do You Believe Your Employer Is Not Paying You Properly? Seek Expert Legal Advice!","content":"","excerpt":""},{"id":9773,"path":"/blog/wednesday-worklaw-alert-google-may-cut-pay-of-employees-who-work-from-home","slug":"wednesday-worklaw-alert-google-may-cut-pay-of-employees-who-work-from-home","modified":"2021-08-18T17:21:25","title":"Wednesday Worklaw Alert: Google May Cut Pay of Employees who Work from Home","content":"As offices and workplaces across the country reopen, many employees are wondering whether they have the option to continue working from home. Recently, Google announced that employees in the US who choose to work from home may receive a permanent pay cut. The company designed a “pay calculator” that shows employees the effect that working from home or changing offices will have on their pay. A Google spokesperson said, Our compensation packages have always been determined by location, and we always pay at the top of the local market based on where an employee works from.” Google will not change employees pay if they work fully remotely from the same city. \\nOther tech giants, such as Facebook and Twitter, have also been experimenting with similar employee pay structures based on work location. However, smaller companies like Reddit and Zillow remain dedicated to offering consistent pay regardless of work location, claiming that it helps promote diversity within their companies. \\nReactions from Google Employees \\nSeveral Google employees have expressed their displeasure with the new policy. One employee in Stamford, Connecticut, an hour train ride from New York, would be paid 15% less working remotely. Another Google employee who works in Seattle but has a two-hour commute said that they would receive a 10% pay cut for working remotely. The employee commented, Its as high a pay cut as I got for my most recent promotion. I didnt do all that hard work to get promoted to then take a pay cut. \\nImplications of Google’s Work from Home Policy \\nMany experts in the field have expressed worries about the implications of Google’s new policy. Jake Rosenfeld, a sociology professor at Washington University in St. Louis, believes that this move by Google will disproportionately impact certain groups, such as families. Whats clear is that Google doesnt have to do this, Rosenfeld said. Google has paid these workers at 100% of their prior wage, by definition. So its not like they cant afford to pay their workers who choose to work remotely the same that they are used to receiving.\\nEmma Bartlett, a partner at employment lawyers CM Murray, believes that these pay cuts will be demoralizing for employees and will create division within a company. A recent BBC article mentioned Barlett’s comments on the matter, saying, “In the UK, its a fundamental part of employment law that employers cannot alter aspects of contracts such as rates of pay without the consent of employees, or without terminating those contracts and renegotiating them.” Bartlett also expressed worries about the impact this policy could have on the gender pay gap, especially if women work from home for childcare reasons. She also added that employees who work from home may be treated differently in other respects, especially if they are being paid less. \\nSimilar to these experts, our firm is also skeptical about Google’s new policy. It seems like a strategic move to simply reduce costs at the expense of employees, as there is no real business need to cut salaries.\\nSeek Legal Assistance Today \\nIf you are being discriminated against for choosing to work from home or have any questions about your employer’s policies, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n&nbsp;","excerpt":"<p>&nbsp; As offices and workplaces across the country reopen, many employees are wondering whether they have the option to continue working from home. Recently, Google announced that employees in the US who choose to work from home may receive a permanent pay cut. The company designed a “pay calculator” that shows employees the effect that&hellip;</p>\\n"},{"id":9769,"path":"/blog/returning-to-the-office","slug":"returning-to-the-office","modified":"2021-08-17T14:52:36","title":"Returning to the Office?","content":"","excerpt":""},{"id":9764,"path":"/blog/tesla-pays-a-former-employee-1-million-after-battling-a-racial-discrimination-lawsuit","slug":"tesla-pays-a-former-employee-1-million-after-battling-a-racial-discrimination-lawsuit","modified":"2021-08-16T13:20:38","title":"Tesla Pays A Former Employee $1 Million after Battling a Racial Discrimination Lawsuit","content":"A former Tesla employee won $1 million from a ruling that found his supervisors guilty of using racial slurs towards him. According to a recent Bloomberg article, Melvin Berry began working for the Tesla office in Alameda, California back in 2015 as a materials handler and left the company after just18 months. Berry is one of the many employees who have filed complaints of racial targeting at the company. The results of his case finally put an end to the years of disregard towards prior racial allegations that have been left unresolved by the electric-car mogul. \\nThe Details Mentioned in Melvin Berry’s Lawsuit \\nBerry filed a lawsuit in 2017 after encountering an incident in which his supervisor referred to him by the “N-word” during a work shift. When Berry confronted his supervisor, he was met with “more physically demanding tasks and was “required to work longer hours.” Initially, Tesla dismissed the allegations, stating that the company was strictly against “any form of harassment, or unfair treatment of any kind.” The Bloomberg article explains that discrimination lawsuits tend to be harder for employees to win as it can be difficult to acquire concrete evidence. Nevertheless, Berry’s arbitrator, Elaine Rushing, mentioned in a hearing that “Case law is clear that one instance of a supervisor directing the N-word at a subordinate is sufficient to constitute severe harassment.” Berry’s case was settled for $1 million including his attorneys’ fees and legal costs, as well as additional payments in damages and emotional distress.\\nFederal Laws Against Racial Discrimination in the Workplace \\nTesla has dealt with several other allegations of racial discrimination including a report in the same year regarding the company’s failure to get rid of “hateful graffiti in common areas.” Additionally, the article also mentions other instances in which employees were fired from the company after filing complaints about the mistreatment they had received. While Berry’s case, fortunately, had a positive outcome, it is important to note that any form of discrimination in the workplace is a violation of both federal and state laws. The Title VII of the Civil Rights Act of 1964 prohibits several forms of discrimination and retaliation against individuals in the workplace based on race, color, religion, national origin, and sex. The U.S. Equal Employment Opportunity Commission further highlights that it is unlawful to harass a person because of their racial background by using “racial slurs, derogatory remarks” or through displays of “racially-offensive symbols.”\\nSeek Legal Assistance Today \\nIf you have experienced racial discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A former Tesla employee won $1 million from a ruling that found his supervisors guilty of using racial slurs towards him. According to a recent Bloomberg article, Melvin Berry began working for the Tesla office in Alameda, California back in 2015 as a materials handler and left the company after  just18 months. Berry is one&hellip;</p>\\n"},{"id":9761,"path":"/blog/religious-discrimination-at-work-call-us-today","slug":"religious-discrimination-at-work-call-us-today","modified":"2021-08-12T15:50:26","title":"Religious Discrimination at Work? Call Us Today!","content":"","excerpt":""},{"id":9757,"path":"/blog/possible-impacts-of-the-coronavirus-delta-variant-financial-recovery-in-nyc","slug":"possible-impacts-of-the-coronavirus-delta-variant-financial-recovery-in-nyc","modified":"2021-08-11T16:10:02","title":"Possible Impacts of the Coronavirus Delta Variant: Financial Recovery in NYC","content":"New York City is finally beginning to show signs of life. But that headway may be threatened by an increase in coronavirus cases from the spread of the Delta variant.\\nPotential Issues in Midtown\\nMidtown Manhattan is one of the areas expected to be hit hardest by the Delta variant. Due to its lack of residential population, Midtown lacks the local support that has sustained many areas during lockdown. The central area of Manhattan largely depends on office workers and tourists for business and was left severely in need of clientele in the wake of the pandemic. Hotels and restaurants closed, office buildings and stores lost tenants, and a normally bustling Time Square was left vacant. However,with the gradual reopening of New York over the last few months, things have slowly started returning to normal. Stores and restaurants are reopening and bouncing back, and people have begun returning to the workspace. However, efforts to reopen NYC, Midtown in particular, may be challenged due to the increase in cases of the highly contagious Delta variant. The increase in cases, in addition to the subsequent possibility of more lockdowns, poses a serious threat to New York’s financial recovery. \\nKeeping the Momentum \\nIn an effort to keep the momentum of reopening the city while protecting New Yorkers and visitors, Mayor Bill de Blasio mandated proof of vaccinations for certain indoor activities. On August 3, 2021, de Blasio announced that beginning later this month, New York will require anyone dining indoors at a restaurant or working out at a gym to show proof of vaccination. Workers at these establishments also must prove that they have had at least one shot of an approved vaccine. The order goes into effect August 16, 2021 with full enforcement beginning September 13. De Basio is also encouraging many private companies to mandate vaccination, and many have. Companies like Facebook, Google, and Disney that have offices in New York have announced that their employees must be vaccinated prior to returning to the workplace. \\n \\nPossible Third Wave\\nWith the threat of a third wave of coronavirus, some companies that had been planning on transitioning back to in person work after Labor Day are postponing their return. The issue of returning to work is also complicated by the increase of remote and hybrid work arrangements. The ability to work from home negates the necessity of an office space, which could mean that office buildings may never be as full as they were pre-covid, seriously decreasing the number of clientele in areas like Midtown. \\n&nbsp;\\nSeek Legal Assistance Today\\nIf you have any questions about your employment status or believe you have been wrongfully terminated, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n&nbsp;","excerpt":"<p>New York City is finally beginning to show signs of life. But that headway may be threatened by an increase in coronavirus cases from the spread of the Delta variant. Potential Issues in Midtown Midtown Manhattan is one of the areas expected to be hit hardest by the Delta variant. Due to its lack of&hellip;</p>\\n"},{"id":9754,"path":"/blog/experiencing-age-based-discrimination-at-work","slug":"experiencing-age-based-discrimination-at-work","modified":"2021-08-10T18:59:54","title":"Experiencing Age Based Discrimination at Work?","content":"","excerpt":""},{"id":9748,"path":"/blog/new-york-state-governor-andrew-cuomo-faces-an-investigation-for-11-sexual-harassment-allegations","slug":"new-york-state-governor-andrew-cuomo-faces-an-investigation-for-11-sexual-harassment-allegations","modified":"2021-08-06T10:59:03","title":"New York State Governor Andrew Cuomo Faces an Investigation for 11 Sexual Harassment Allegations","content":"New York’s Governor, Andrew Cuomo, is currently undergoing a criminal investigation for alleged sexual harassment claims against eleven women. In a report released earlier this week by the state’s attorney general, Letitia James, Cuomo has reportedly “harassed current and former state employees in violation of both federal and state laws.” Cuomo’s alleged misconduct includes a pattern of inappropriate groping, kissing, and suggestive comments in the workplace. The report also highlights one particular instance where Cuomo “retaliated against a woman who made her allegations public.” According to the investigators, the governors administration promoted a “climate of fear” and a “toxic” work environment that violated the legal standards Cuomo had agreed to abide by. \\nVarious Responses to the Sexual Harassment Allegations \\nWhen questioned about the charges brought against him by his former executive assistant, Charlotte Bennett, Cuomo defended his actions saying that they were “misunderstood” and were misaligned with his true intentions. Various legal representatives, from both Cuomo and his accusers, have given statements about what these claims could lead to. According to the article, Cuomo’s lawyers have responded, stating that the claims are “unfair,” “inaccurate” and “inconsistent with the narrative.” Kevin Mintzer, a lawyer who has extensive experience working on sexual harassment cases, chimed in, adding that Cuomo’s actions could leave him liable in a state civil court, but that “a criminal charge could be difficult for prosecutors to prove.” Some of the lawyers who are representing the accusers have countered the responses, saying that regardless of the potential to face criminal charges, Cuomo’s “egregious” behavior is not “acceptable or lawful” and he should therefore resign. \\nHow Other Powerful Political Figures Have Addressed the Matter  \\nThe lawyers of the accusers are not the only ones who have advocated for Cuomo’s resignation. When questioned about the matter at the White House, President Biden simply answered saying, “yes.” The speaker of the House, Nancy Pelosi, shared multiple sentiments, namely her admiration for the women who have chosen to come forward with their stories. While “recognizing his love of New York and the respect for the office he holds, Pelosi has encouraged Cuomo to resign.” A statement, released earlier this week, by the speaker of the New York State Assembly concluded that Cuomo will no longer have the support of the Democratic majority and could not serve as governor. The statement also includes that an “impeachment investigation” is set to progress as soon as possible. \\nSeek Legal Assistance Today \\nIf you have experienced sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>New York’s Governor, Andrew Cuomo, is currently undergoing a criminal investigation for alleged sexual harassment claims against eleven women. In a report released earlier this week by the state’s attorney general, Letitia James, Cuomo has reportedly “harassed current and former state employees in violation of both federal and state laws.” Cuomo’s alleged misconduct includes a&hellip;</p>\\n"},{"id":9746,"path":"/blog/charged-with-creating-a-toxic-work-environment-l-brands-settles-a-90-million-dollar-lawsuit","slug":"charged-with-creating-a-toxic-work-environment-l-brands-settles-a-90-million-dollar-lawsuit","modified":"2021-08-04T15:31:13","title":"Charged With Creating a Toxic Work Environment, L Brands Settles a 90 Million Dollar Lawsuit","content":"July 30th, 2021, the specialty retailer L Brands publicized a $90 million corporate government agreement to settle multiple lawsuits charging that its former Victorias Secret brand upheld a toxic work environment, which included sexual harassment. The company has also agreed to an additional $21 million in legal fees, subject to court approval. \\nInitial Investigations into Toxic Work Environment\\nIn early June 2021, a shareholder of L Brands, John Giarratano, sued the company for records and alleged that it’s subsidiaries, Bath &amp; Body Works and Victoria’s Secret, had a toxic culture of sexual harassment, discrimination, and retaliation. Giarratano initially asked to see the company’s books in mid-February after The New York Times published an article on a pattern of bullying and harassment at Victoria’s Secret. Giarratano wanted to investigate potential wrongdoing by the company or its board.\\nLawsuits Alleged Sexual Harassment as Part of Toxic Work Environment\\nLawsuits filed against the company, founder Leslie Wexner, the companys board and other executives assert a pattern of sexual harassment that was ignored by company executives, primarily at Victorias Secret. The lawsuits also implicate former Victoria’s Secret marketing executive Ed Razek in fostering this culture of harassment. Razek has been accused of inappropriate conduct. Victoria’s Secret models have reported unwanted touching and kissing from Razek. One model said that Victoria’s Secret stopped hiring her after she rebuffed Razek’s advances. Executives stated that they alerted Wexner about Razek’s behavior, but nothing was addressed. \\nConcerns over Wexners ties to Jeffrey Epstein\\nThe lawsuits also voiced concerns about Wesner’s connection to child-sex trafficker Jeffrey Epstein, who worked as a financial adviser to Wexner for years. Epstein was accused of using his ties with Wexner to take advantage of models who thought he had hiring power at Victorias Secret. The lawsuits show careless oversight on Wexner’s part in managing L Brands and indicate that Wexner’s connections with Epstein were harmful to the company and its employees. \\nFixing a Toxic Work Environment\\nBath &amp; Body Works and Victoria’s Secret have agreed to invest $45 million over the next five years to fund a series of governance policies. The company says it has agreed to a series of corporate governance and management measures to prevent a toxic work environment. The company has committed to maintaining a Diversity, Equity and Inclusion Council, as well as hiring a diversity, equity and inclusion consultant, and an overall strengthening of policies and procedures for reporting and investigating sexual harassment complaints. \\nSeek Legal Assistance Today\\nIf you have experienced a toxic work environment or sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>July 30th, 2021, the specialty retailer L Brands publicized a $90 million corporate government agreement to settle multiple lawsuits charging that its former Victoria&#8217;s Secret brand upheld a toxic work environment, which included sexual harassment. The company has also agreed to an additional $21 million in legal fees, subject to court approval.  Initial Investigations into&hellip;</p>\\n"},{"id":9740,"path":"/blog/are-you-experiencing-discrimination-as-a-result-of-your-pregnancy","slug":"are-you-experiencing-discrimination-as-a-result-of-your-pregnancy","modified":"2021-08-03T17:05:31","title":"Are You Experiencing Discrimination As A Result of Your Pregnancy?","content":"","excerpt":""},{"id":9734,"path":"/blog/experiencing-a-hostile-work-environment","slug":"experiencing-a-hostile-work-environment","modified":"2021-07-30T14:03:05","title":"Experiencing A Hostile Work Environment?","content":"","excerpt":""},{"id":9730,"path":"/blog/video-game-giant-activision-blizzard-slammed-by-california-dfeh-for-frat-boy-culture-of-sexual-harassment","slug":"video-game-giant-activision-blizzard-slammed-by-california-dfeh-for-frat-boy-culture-of-sexual-harassment","modified":"2021-07-30T10:57:27","title":"Video Game Giant Activision Blizzard Slammed by California DFEH for “Frat Boy” Culture of Sexual Harassment","content":"Last week, the California Department of Fair Employment and Housing (DFEH) sued Activision Blizzard, the video game giant responsible for popular franchises such as Call of Duty and World of Warcraft, for creating a “frat boy” culture of “constant sexual harassment.” The suit alleges that female employees were routinely paid less than male employees, disciplined more harshly, and subjected to sexual harassment in the workplace. Trigger warning: some of the allegations brought forth in the lawsuit are disturbing to read. \\nSexual Harassment, Gender Discrimination, and Racial Discrimination at Activision Blizzard \\nThe lawsuit cites many examples of inappropriate behavior by male employees. A recent Newsweek article explains how men at the company completed “cube crawls” in which they drank “copious amounts of alcohol” and then crawled through office cubicles while engaging in lewd behavior. Alcohol is a norm in the workplace for many male employees; in fact, “Male employees proudly come into work hungover, play video games for long periods of time during work while delegating their responsibilities to female employees, engage in banter about their sexual encounters, talk openly about female bodies, and joke about rape.” According to the suit, women of color were particularly vulnerable targets within the company. The former senior creative director of World of Warcraft, Alex Afrasiabi, was named directly in the suit and accused of “blatant sexual harassment,” including attempts to kiss and grope female employees. \\nAdditionally, a male supervisor encouraged another male employee to buy a prostitute” if he was in a bad mood. The suit also describes an incident in which a female employee took her own life during a business trip with a male supervisor. The supervisor had brought sex toys and lubricant on the trip. This female employee had also experienced multiple accounts of sexual harassment in the workplace. The lawsuit alleges that at one holiday event, male coworkers were passing around a photo of her genitals. Activision Blizzard had denied these allegations, saying they are sickened that her suicide was mentioned in the case. \\nPay Discrimination and Pregnancy Discrimination at Activision Blizzard \\nAccording to the lawsuit, Very few women ever reach top roles at the company. The women who do reach higher roles earn less salary, incentive pay and total compensation than their male peers.” The suit also states that only 20% of employees are female, and they are often offered a significantly lower starting salary than their male counterparts. Additionally, some women have experienced pregnancy discrimination; one woman was told that the company could not risk promoting her because she might get pregnant and like being a mom too much. The suit also states that women were kicked out of lactation rooms so the spaces could be used for meetings. \\nResponse from Activision Blizzard \\nWhen complaints about these behaviors and policies were brought to Human Resources, the department allegedly did little to nothing to help female employees. In fact, female employees who filed complaints were often subject to retaliation. Activision Blizzard has denied all allegations brought forth in the lawsuit and has expressed contempt towards the way the California DFEH conducted the investigation. They said in a statement, The [Department of Fair Employment and Housing] includes distorted, and in many cases false, descriptions of Blizzards past. We have been extremely cooperative with the DFEH throughout their investigation . . . they rushed to file an inaccurate complaint, as we will demonstrate in court.”\\nSeek Legal Assistance Today \\nIf you are experiencing sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last week, the California Department of Fair Employment and Housing (DFEH) sued Activision Blizzard, the video game giant responsible for popular franchises such as Call of Duty and World of Warcraft, for creating a “frat boy” culture of “constant sexual harassment.” The suit alleges that female employees were routinely paid less than male employees, disciplined&hellip;</p>\\n"},{"id":9722,"path":"/blog/celebrity-chefs-mario-batali-joe-bastianich-to-pay-600k-to-former-employees-who-endured-sexual-harassment-at-work","slug":"celebrity-chefs-mario-batali-joe-bastianich-to-pay-600k-to-former-employees-who-endured-sexual-harassment-at-work","modified":"2021-07-28T14:10:46","title":"Celebrity Chefs Mario Batali & Joe Bastianich to pay $600K to Former Employees Who Endured Sexual Harassment at Work","content":"After a four-year investigation by the New York Attorney General’s office, celebrity chefs Mario Batali and Joe Bastianich and their management group, B&amp;B hospitality, have agreed to pay $600,000 to at least 20 former employees who were sexually harassed and retaliated against while working. \\nThe Investigation into B&amp;Bs Harassment\\nThe investigation found that B&amp;B (Batali and Bastianich) had “engaged in unlawful sex discrimination and retaliation, in violation of state and city human rights laws at their restaurants. While both men and women experienced harassment while working at B&amp;B restaurants, female employees said that male employees were favored. The female employees were told to wear makeup and get breast implants and were referred to as little girl and sensitive,” in front of customers. Several employees also reported “unwanted touching, sexual advances, and explicit comments made by managers and coworkers” to other employees of the restaurants.\\nBatali’s Role in the Harassment\\nThe employers at B&amp;B did not take the appropriate actions when given reports of sexual harassment. They often failed to investigate said complaints and discouraged the reporting of such behavior. According to the Attorney General’s office, “complaints to management were generally dismissed with minimal or no action taken against the harassers.” Batali himself has been under investigation for engaging in sexual harassment against both male and female employees. He has been accused of unwanted touching, making explicit comments towards employees, and showing an unwelcome pornographic video. \\nAttorney General’s Take\\nIn the statement regarding the investigation, New York Attorney General James said, “Celebrity and fame does not absolve someone from following the law. Sexual harassment is unacceptable for anyone, anywhere — no matter how powerful the perpetrator. Batali and Bastianich permitted an intolerable work environment and allowed shameful behavior that is inappropriate in any setting. Every individual deserves to work in a safe environment, and todays agreement marks one more step towards remedying workplace harassment. I thank the men and women who reported this abhorrent behavior for their bravery, selflessness, and commitment to accountability.”\\nCombating Harassment in the Future\\nIn addition to the $600,000, B&amp;B (Batali and Bastianich) must rework training materials in B&amp;B restaurants. B&amp;B must submit biannual reports providing proof of training as well as records of harassment and discrimination in an effort to create a safer, healthier work environment. \\nSeek Legal Assistance Today\\nIf you have experienced sexual harassment or discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>After a four-year investigation by the New York Attorney General’s office, celebrity chefs Mario Batali and Joe Bastianich and their management group, B&amp;B hospitality, have agreed to pay $600,000 to at least 20 former employees who were sexually harassed and retaliated against while working.  The Investigation into B&amp;B&#8217;s Harassment The investigation found that B&amp;B (Batali&hellip;</p>\\n"},{"id":9719,"path":"/blog/have-you-been-wrongfully-terminated","slug":"have-you-been-wrongfully-terminated","modified":"2021-07-26T11:31:08","title":"Have You Been Wrongfully Terminated?","content":"","excerpt":""},{"id":9714,"path":"/blog/fired-for-marijuana-drug-test-results-call-or-live-chat-us-today","slug":"fired-for-marijuana-drug-test-results-call-or-live-chat-us-today","modified":"2021-07-23T14:07:25","title":"Fired for Marijuana Drug Test Results? Call or Live Chat Us Today!","content":"","excerpt":""},{"id":9705,"path":"/blog/the-future-of-employee-drug-testing","slug":"the-future-of-employee-drug-testing","modified":"2021-07-21T12:55:15","title":"Worklaw Wednesday Alert: The Future of Employee Drug Testing","content":"Currently, in the United States, 18 states have legalized the recreational use of marijuana, but in some instances that does not absolve employees from yielding a positive result during drug testing for marijuana use. However, in New York, Governor Cuomo signed into effect the Cannabis/Marijuana Regulation and Taxation Act in March of this year (2021), which provides certain protections for recreational marijuana users.\\nWhat New Drug Testing Policy Means for Employees\\nThe Act amends Section 201-d of New York Labor Law, which protects employees from discrimination based on their off-duty activities; this act now includes legal cannabis use as an off-duty activity. In brief, the act prohibits employers from discriminating against their employee’s potential use or possession of marijuana, and gives employees the ability to sue their employers for such discrimination, if it were to take place. As such, employers cannot make any hiring decisions based on the outcome of a cannabis test. Bearing in mind, pre-employment drug testing in New York City has been banned since May of 2020. \\nAs with all things, these new rules come with exceptions. Although recreational use while away from work is protected, employers still hold the right to mandate a substance-free work environment. Employers may also take action against an employee who is impaired by marijuana use during their working hours. The Act defines impairment as when an “employee manifests specific articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position, or such specific articulable symptoms interfere with an employer’s obligations to provide a safe and healthy work place, free from recognized hazards, as required by state and federal occupational safety and health law” (Page 84 Lines 42-48). As well, certain jobs, particularly those involving transportation, may still disallow use of marijuana in all circumstances, including when off-duty. This is however not an exhaustive list of all exceptions. \\nThe Future of Drug Testing\\nJust recently, Amazon said in their own blog post that they would no longer be testing for marijuana for jobs that do not concern transportation. As such a large corporation with great influence, it is expected that this decision will set a precedent for the future of employment related drug testing. \\nSeek Legal Assistance Today \\nIf you have any question regarding employment related drug testing, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 760-7817 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Currently, in the United States, 18 states have legalized the recreational use of marijuana, but in some instances that does not absolve employees from yielding a positive result during drug testing for marijuana use. However, in New York, Governor Cuomo signed into effect the Cannabis/Marijuana Regulation and Taxation Act in March of this year (2021),&hellip;</p>\\n"},{"id":9702,"path":"/blog/is-it-lawful-to-drug-test-you","slug":"is-it-lawful-to-drug-test-you","modified":"2021-07-19T13:54:23","title":"Is It Lawful to Drug Test You?","content":"","excerpt":""},{"id":9699,"path":"/blog/are-you-experiencing-racial-discrimination-in-the-workplace","slug":"are-you-experiencing-racial-discrimination-in-the-workplace","modified":"2021-07-16T13:44:49","title":"Are You Experiencing Racial Discrimination in the Workplace?","content":"","excerpt":""},{"id":9695,"path":"/blog/female-chinese-employees-file-a-lawsuit-against-nyc-lab-for-alleged-racial-discrimination","slug":"female-chinese-employees-file-a-lawsuit-against-nyc-lab-for-alleged-racial-discrimination","modified":"2021-07-16T11:32:17","title":"Female Chinese Employees File a Lawsuit against NYC Lab for Alleged Racial Discrimination","content":"In an article published on The City, a Lab Firm located in New York is currently facing a lawsuit for allegedly mistreating and racially discriminating against its Chinese employees. The claims were made by six Chinese phlebotomists, all women, who were hired by BioReference Laboratories to perform a series of medical tasks at labs located throughout the city. The six employees, who are being represented by the Legal Aid Society, expressed that the tasks they were asked to complete were misaligned with the job description. The employees allege that although they were hired to draw blood, handle samples, and perform covid tests, they had to “lift heavy boxes, ferry supplies to doctors, and empty garbage cans” unlike their non-Chinese colleagues. Legal Aid representative, Carmela Huang, is now awaiting an official notice from the Equal Employment Opportunity Commission before filing the suit in court. \\nThe Claims Noted in the Lawsuit \\nThe employees have made several other allegations in the suit including unequal pay, overtime wage violations, an inadequate supply of medical supplies, and differences in medical leave. Yan Ling Xu, one of the women named in the suit, shared that she was promised annual raises but never received more than a dollar per hour despite multiple requests. She soon learned that a recently hired “non-Chinese coworker was earning roughly 20% more.” However, Xu was hesitant to come forward in fear of retaliation. Another employee, Huimin, mentioned receiving an explicit warning from her supervisor to not “get pregnant in the first year.” When she did become pregnant in 2018, she hid her condition and continued her daily tasks until one day, she began to hemorrhage. When she eventually notified her supervisors, she was told she needed to give a two-week notice to use a sick day. The filings include several other instances where the rights of the Chinese employees were violated.\\nLaws Against Racial Discrimination and Unequal Treatment in the Workplace \\nThere are federal and state laws that protect employees from racial discrimination and unequal treatment within the workplace. Title VII of the Civil Rights Act of 1964 prohibits various kinds of discrimination and retaliation against individuals based on race, color, religion, national origin, and sex. Additionally, The Equal Pay Act of 1963 bars sex-based discrimination between men and women who perform equal duties in the same workplace. New York State upholds the same anti-discriminatory laws and further asserts that under New York law, all employers, regardless of the number of employees they have, are required to abide by these laws. \\nSeek Legal Assistance Today \\nIf you have experienced racial discrimination and unequal treatment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In an article published on The City, a Lab Firm located in New York is currently facing a lawsuit for allegedly mistreating and racially discriminating against its Chinese employees. The claims were made by six Chinese phlebotomists, all women, who were hired by BioReference Laboratories to perform a series of medical tasks at labs located&hellip;</p>\\n"},{"id":9688,"path":"/blog/questions-about-covid-19-vaccination-requirements-in-the-workplace-call-or-chat-us-today","slug":"questions-about-covid-19-vaccination-requirements-in-the-workplace-call-or-chat-us-today","modified":"2021-07-12T14:19:23","title":"Questions About COVID-19 Vaccination Requirements in the Workplace? Call or Chat Us Today!","content":"","excerpt":""},{"id":9683,"path":"/blog/nyc-amendments-to-ban-the-box-law-take-effect-july-2021","slug":"nyc-amendments-to-ban-the-box-law-take-effect-july-2021","modified":"2021-07-09T11:20:36","title":"NYC Amendments to “Ban the Box” Law Take Effect July 2021","content":"In January 2021, the New York City Council amended the Fair Chance Act, also known as the “Ban the Box” law. These amendments expanded protections designed to defend job applicants from discrimination based on criminal records and pending criminal convictions. 36 states and more than 150 cities and countries have “Ban the Box” laws that are continually evolving to help ex-offenders find work. \\nWhat is the “Ban the Box” Law? \\nThe “Ban the Box” Law, or the Fair Chance Act, allows for job applicants to be judged on their qualifications rather than their criminal record. The law makes it illegal for the majority of New York City employers to ask about the criminal record of prospective employees before offering a job. This law also prohibits employers from rejecting job applicants and firing or disciplining current employees based on their criminal history. After giving an offer, employers can ask about an applicant’s criminal record and the applicant must disclose felony and misdemeanor convictions. Employers can also require a background check. If the applicant refuses to authorize a background check, an employer can revoke their job offer. \\nWhat can and can’t employers ask after a job offer? \\nThere are three things that an employer cannot ask about: 1.) an arrest where the person was not convicted, 2.) any sealed convictions, and 3.) Most “ACD” cases, cases adjourned in contemplation of dismissal. If an employer decides not to hire a person after learning about their record, they must follow a specific process. They must give the applicant a copy of the background check performed on them, share their written evaluation with the applicant, and keep the job open for at least three business days after declining to hire so the applicant has time to respond to the decision. There are some employers who are exempt from the “Ban the Box” law. These employers, like law enforcement agencies, are required by law to check your criminal record and cannot hire applicants with specific serious convictions. \\nHow is NYC’s “Ban the Box” Law changing?  \\nThe new amendments are expanding the protections of the “Ban the Box law to cover employees with pending adjournments in contemplation of dismissal (ACD cases) and convictions for violations prior to sealing. “Ban the Box also requires that employers who revoke a conditional job offer show that they would not have made the offer regardless of the applicant’s criminal history. The amended law also provides additional protections for ex-offenders, including factors of the New York Corrections Law, Article 23-A. The amendments to the “Ban the Box” law will take effect on July 29, 2021. \\nSeek Legal Assistance Today \\nIf you have experienced discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In January 2021, the New York City Council amended the Fair Chance Act, also known as the “Ban the Box” law. These amendments expanded protections designed to defend job applicants from discrimination based on criminal records and pending criminal convictions. 36 states and more than 150 cities and countries have “Ban the Box” laws that&hellip;</p>\\n"},{"id":9679,"path":"/blog/free-independent-contractor-consultation-3","slug":"free-independent-contractor-consultation-3","modified":"2021-07-09T09:28:13","title":"Free Independent Contractor Consultation","content":"","excerpt":""},{"id":9673,"path":"/blog/firm-news-attorneys-hajar-hasani-and-rachel-haskell-reach-resolution-in-federal-discrimination-case","slug":"firm-news-attorneys-hajar-hasani-and-rachel-haskell-reach-resolution-in-federal-discrimination-case","modified":"2021-07-07T16:48:05","title":"Firm News! Attorneys Hajar Hasani and Rachel Haskell Reach Resolution in Federal Discrimination Case","content":"Attorneys Hajar Hasani and Rachel Haskell were mentioned in a recent Law360 article about our firms federal discrimination case filed on behalf of Brandon Padgett, a former paralegal at Abrams Garfinkel Margolis Bergson LLP. Padgett has accused the company of discrimination based on his non-binary gender identity and military status. While working at the firm, he was referred to as Beyonce by another employee. After Padgett reported this comment to Human Resources, the company organized a sexual harassment training session that was not well-attended by employees. Following this training session, a partner at the firm greeted Padgett with a slap on the buttocks. Soon after these incidents, Padgett joined the Army National Guard and informed the firm of the days he would be absent from work due to training. He even reminded the firm that they could not legally fire him because of his military status. Despite this, Padgett was informed that the firm was unable to hold his position during Army training and that they would have to part ways. \\nAfter a successful mediation on June 25, our firm was able to reach a settlement on Padgetts sexual harassment and military discrimination claims. Law360 quoted Hajar Hasani, saying, Hajar Hasani, an attorney for Padgett, declined to comment Tuesday on the substance of the proposed agreement but told Law360, Both parties have reached a resolution and are satisfied with the outcome.\' Law360 previously reported on Rachel Haskells comments on our firms case. Haskell said, First, no one should ever have to work in an environment where they are subject to harassment based on their gender identity, and while all retaliation is abhorrent, here it is even more so as our client was terminated because he was selflessly entering into the National Guard to serve our country.” A federal judge recently paused legal proceedings on the case for a thirty day period.\\nOur firm is extremely pleased to have reached a resolution behalf of our client. We are committed to pursuing our clients best interests and will continue to report on firm news updates!\\nSeek Legal Assistance Today \\nIf you are experiencing discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Attorneys Hajar Hasani and Rachel Haskell were mentioned in a recent Law360 article about our firm&#8217;s federal discrimination case filed on behalf of Brandon Padgett, a former paralegal at Abrams Garfinkel Margolis Bergson LLP. Padgett has accused the company of discrimination based on his non-binary gender identity and military status. While working at the firm,&hellip;</p>\\n"},{"id":9668,"path":"/blog/wednesday-worklaw-alert-amazon-flex-drivers-being-terminated-by-automated-system","slug":"wednesday-worklaw-alert-amazon-flex-drivers-being-terminated-by-automated-system","modified":"2021-07-07T09:28:33","title":"Wednesday Worklaw Alert: Amazon Flex Drivers Being Terminated by Automated System","content":"The Amazon Flex program began in 2015 as a way for the company to handle the surge of package deliveries it was facing. Similar to Uber, drivers can work on their own schedule and use their own vehicle to deliver packages. Flex drivers are not employees of Amazon; rather, they are classified as independent contractors. The program is attractive to many because it offers a flexible work schedule and promises a rate of at least $18 an hour. Drivers use the Flex app to upload documents, sign up for shifts, and report any issues. The app also gives drivers one of four ratings  Fantastic, Great, Fair, or At Risk  based on whether they deliver packages on time, their ability to fulfill customer requests, and several other factors. \\nIssues with Amazon Flex \\nMany internal issues with the Flex program have been exposed. According to a recent Bloomberg report, the system relies heavily on automation in order to evaluate employee performance and even make employment decisions, such as termination. Flex hirings, performance reports, and firings are all handled by software. Because of this, many current and former Amazon Flex employees have reported receiving poor ratings or even being terminated for no clear reason. \\nOne former driver reported being terminated after she was forced to return to the warehouse upon discovering a nail in her tire. Another former driver had issues entering apartment complexes early in the morning, as the gates were locked and package recipients were understandably not answering their phones. This same driver also had some issues opening Amazon lockers. Because of these problems that he had no control over, his ratings plummeted, and he was later terminated. Many drivers have also encountered issues with Amazon’s selfie requirement, which was implemented to ensure multiple people do not share a single account. Oftentimes, the app’s facial recognition algorithm will not recognize people who have shaved their beard, changed their hair, experienced weight fluctuations, or even just have poor lighting in their selfie. \\nWhy Doesn’t Amazon Fix Flex? \\nStories such as these are unfortunately not uncommon within the Flex program. Once a driver is terminated, they have ten days to file a petition, but they cannot work any shifts during this period. If their appeal is denied, they can pay $200 for an arbitration. For many drivers, this cost is simply not worth it. And for Amazon, addressing these issues is not worth it either. According to a recent Ars Technica article, “Amazon is reportedly unconcerned about the hiccups and bad press that result so long as sufficient numbers of drivers are available to replace those whose accounts are mistakenly terminated.” According to data from SensorTower, the Flex app was downloaded 200,000 times in the month of May alone. Essentially, Amazon has little incentive to fix a flawed system that treats humans like numbers. \\nAmazon has denied these allegations.“We have invested heavily in technology and resources to provide drivers visibility into their standing and eligibility to continue delivering, and investigate all driver appeals,” Amazon spokesperson Kate Kudrna said in response to complaints about the Flex program. \\nSeek Legal Assistance Today \\nIf you believe you have been wrongfully terminated, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Amazon Flex program began in 2015 as a way for the company to handle the surge of package deliveries it was facing. Similar to Uber, drivers can work on their own schedule and use their own vehicle to deliver packages. Flex drivers are not employees of Amazon; rather, they are classified as independent contractors.&hellip;</p>\\n"},{"id":9665,"path":"/blog/have-you-been-fired-without-reason-and-need-legal-advice-click-chat-now-or-call-646-430-7930-to-speak-with-an-expert-employment-attorney","slug":"have-you-been-fired-without-reason-and-need-legal-advice-click-chat-now-or-call-646-430-7930-to-speak-with-an-expert-employment-attorney","modified":"2021-07-06T11:54:42","title":"Have You Been Fired Without Reason and Need Legal Advice? Click “Chat now” or Call 646-430-7930 to Speak with an Expert Employment Attorney!","content":"","excerpt":""},{"id":9660,"path":"/blog/catholic-school-teacher-gets-fired-for-being-unmarried-and-pregnant","slug":"catholic-school-teacher-gets-fired-for-being-unmarried-and-pregnant","modified":"2021-07-02T13:15:33","title":"Catholic School Teacher Gets Fired for Being “Unmarried and Pregnant”","content":"Victoria Crisitello, a Catholic art teacher in New Jersey, filed a lawsuit against the school for wrongful termination. In an article published in the New York Times, Cristello was fired from her job in 2014 after reporting to the school that she was having a baby. A Roman Catholic nun, who served as principal at the time, explained that Cristello’s termination was because she was “pregnant and unmarried.” Cristello’s lawyers argued that the firing was gender discriminatory and a sexual double standard. On the contrary, the school board expressed that it was defending its “fundamental freedom of religion.” The suit has been ongoing for the past seven years between the state’s trial and appellate courts. \\nLegal Claims Highlighted in the Lawsuit \\nLast month, the state’s Supreme Court finally agreed to hear the case. The lawyers serving on behalf of the school argued that it was simply exercising its First Amendment rights and stated that “sex out of wedlock violates a fundamental Catholic belief that the school in this instance felt it could not overlook.” The article also mentioned that the school’s decision was based on the 2020 Supreme Court case Our Lady of Guadalupe School v. Morrissey-Berru which established that “federal employment discrimination laws don’t apply to teachers at religious schools.” Nevertheless, their stance was challenged by Cristello’s legal defense expressing that men could not be held to the same standard since the only evidence showing that the schools morals codes were being violated was the pregnancy. Though the court has not yet set an exact date to hear the oral arguments, the article points out that it could potentially move up to the United States Supreme Court. \\nDo Federal and State Employment Discrimination Laws Apply in Religious Schools?\\nUnfortunately, this is just one of the many instances where teachers at religious schools have been penalized because of reasons like pregnancy and sex outside of wedlock, and sexual orientation. While the school is using the 2020 Supreme court case Our Lady of Guadalupe School v. Morrissey-Berry to assert that federal laws on employment discrimination are inapplicable in church-based schools, there are both state and federal laws that protect employees from gender-based discrimination in the workplace. For example, the Title VII of the Civil Rights Act prohibits an employer from “treating you differently or less favorably because of sex” among other factors. However, Title VII laws only apply to schools that receive federal funding, including some private/religious schools who are given funds for programs such as reduced/free meals and technology upgrade grants. \\nSeek Legal Assistance Today \\nIf you believe to have been wrongfully terminated from your job, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Victoria Crisitello, a Catholic art teacher in New Jersey, filed a lawsuit against the school for wrongful termination. In an article published in the New York Times, Cristello was fired from her job in 2014 after reporting to the school that she was having a baby. A Roman Catholic nun, who served as principal at&hellip;</p>\\n"},{"id":9657,"path":"/blog/are-your-employee-rights-being-violated-have-you-been-wrongfully-terminated-call-or-chat-today","slug":"are-your-employee-rights-being-violated-have-you-been-wrongfully-terminated-call-or-chat-today","modified":"2021-07-02T09:55:13","title":"Are Your Employee Rights Being Violated? Have You Been Wrongfully Terminated? Call or Chat Today!","content":"","excerpt":""},{"id":9651,"path":"/blog/wednesday-worklaw-alert-update-on-nyc-employee-rights-for-at-will-fast-food-employees","slug":"wednesday-worklaw-alert-update-on-nyc-employee-rights-for-at-will-fast-food-employees","modified":"2021-06-30T11:15:46","title":"Wednesday Worklaw Alert: Update on NYC Rights for “At Will” Fast-Food Employees","content":"A new, unprecedented protection law for New York City fast-food employees will take effect next month, in July 2021. Mayor Bill de Blasio signed off on this bill in January of 2021, after it passed the New York City Council in December 2020.The legislation provides fast-food workers with rare protection against unfair termination and sets a new precedent against the “at will” standard of employment in the U.S. Here, at The Working Solutions Law Firm, we support extending more rights and protections to those who are typically marginalized in employment, including fast-food workers.\\nThe Harm of At-Will Employment for Fast-Food Employees\\nAt-will employment in NYC means that at-will employees can be fired or disciplined for any reason, even an unfair reason, with exceptions including discrimination, complaining about discrimination, whistleblowing, complaining about public health issues, Medicare or Medicaid fraud, or certain white-collar crimes like securities, wire, or mail fraud. An employer’s ability to terminate an employee nearly at whim creates a significant power imbalance between the two parties. This can be seen in the fast-food industry where, according to a Bloomberg Businessweek article, workers are afraid to exercise collective action, such as striking, in fear that they may lose their job. As well, to contest a wrongful termination under at-will employment, an ex-employee must prove their termination was unlawful against a strong legal team with far more capital than themselves. As such, these workers often must resort to public shaming instead of the legal system to protest their employer’s wrongdoing. \\nProtections Offered to Fast-Food Employees\\nThe new policy marks a departure from the at-will employment standard by offering significant protections and job security to fast-food workers. Beginning in July, NYC fast-food workers will no longer be at-will employees. The policy ensures that employers must have a “just cause” or a “bona fide economic reason” to discharge an employee after their probationary period. The just-cause portion prevents employers from firing an employee unless they have failed to perform their job duties or have exhibited misconduct. Additionally, under this new policy, if an employee contests their termination, the burden is placed onto the employer to prove the reason for the termination was just. Furthermore, if a business experiences a full or partial shutdown, a “bona fide economic reason,” employees can be laid off in reverse order of seniority. However, if economic performance sees an upturn within 12 months, then employers must offer to reinstate those they laid off before making new hires. These new safeguards extend union-like protections to the un-unionized fast-food workforce.\\nThe Future of Just-Cause Legislation\\nAlready, around the country, workers’ protections are being bolstered. For instance, amid the COVID-19 pandemic, the city of Los Angeles passed an ordinance that required employers to call back workers they laid off due to the during the pandemic before hiring new employees. On the federal level, analysts and representatives from the Center for American Progress and the National Employment Law Project are in conversation with the Biden administration to enact just-cause policies for contractors seeking to work with the federal government. Meanwhile, Senator Bernie Sanders is applying pressure to make just cause employment the national standard. With this unprecedented legislation coming out of such a prominent city as NYC, just-cause employment may establish a new precedent for the future. \\nSeek Legal Assistance Today\\nIn the meantime, if you have experienced discrimination or retaliation in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A new, unprecedented protection law for New York City fast-food employees will take effect next month, in July 2021. Mayor Bill de Blasio signed off on this bill in January of 2021, after it passed the New York City Council in December 2020.The legislation provides fast-food workers with rare protection against unfair termination and sets&hellip;</p>\\n"},{"id":9564,"path":"/blog/wrongful-termination-call-or-chat-our-office-today","slug":"wrongful-termination-call-or-chat-our-office-today","modified":"2021-06-28T10:13:37","title":"Wrongful Termination? Call or Chat Our Office Today!","content":"","excerpt":""},{"id":9561,"path":"/blog/are-you-experiencing-discrimination-in-the-workplace-chat-or-call-us-to-find-out","slug":"are-you-experiencing-discrimination-in-the-workplace-chat-or-call-us-to-find-out","modified":"2021-06-25T14:18:50","title":"Are You Experiencing Discrimination in the Workplace? Chat or Call Us to Find Out!","content":"","excerpt":""},{"id":9556,"path":"/blog/returning-to-work-can-you-keep-working-from-home-if-your-employer-wants-you-back-in-the-workplace","slug":"returning-to-work-can-you-keep-working-from-home-if-your-employer-wants-you-back-in-the-workplace","modified":"2021-06-25T10:09:17","title":"Returning to Work: Can You Keep Working from Home if Your Employer Wants You Back in the Workplace?","content":"With the increase in Covid-19 vaccinations across the country, the U.S. has begun the process of returning to work. Understandably, many people are still nervous about their health and the risk of in-person work. On top of the stress of shifting back to everyday life, many people are overwhelmed by the ever-changing guidelines, executive orders, and regulations coming from the federal and local governments. \\nWhat Does the CDC Say about Returning to Work?\\nThe CDC recommends that people continue practicing everyday preventive actions to protect themselves and others from Covid-19, including social distancing and the use of masks if unvaccinated. According to the CDC, if you’ve been fully vaccinated you can resume activities that you did prior to the pandemic without wearing a mask or staying 6 feet apart. However, you must still wear a mask where it is required by federal, local, tribal, or territorial laws or regulations, such as within local businesses. People are considered fully vaccinated two weeks after their second dosage in a 2-dose series, such as the Pfizer or Moderna vaccines, or two weeks after a single-dose vaccine, such as Johnson &amp; Johnson’s vaccine. The CDC warns that if you do not meet these requirements then you are not fully vaccinated and should continue taking all precautions until you are fully vaccinated. If you have a condition or are taking medications that weaken your immune system, you may not be fully protected even if you are fully vaccinated. Talk to your healthcare provider. Even after vaccination, you may need to continue taking all precautions. \\nStill Uneasy about Returning to Work? \\nVaccinated or not, many people are still concerned about returning to work. If you tell your employer that you are uncomfortable with returning to in person work, they might not be receptive. However, if you have diagnosed mental-health issues like anxiety or depression that might have been exacerbated by the pandemic, you can ask to work from home as a reasonable accommodation under the Americans with Disabilities Act. \\nWhat Conditions are Protected?\\nThe White House released guidelines calling for a three-phase return to in-person work, with special accommodations for individuals with “with serious underlying health conditions, including high blood pressure, chronic lung disease, diabetes, obesity, asthma, and those whose immune system is compromised such as by chemotherapy for cancer and other conditions requiring such therapy,” as well as the elderly. Pregnant women are not listed as vulnerable workers in the White House guidelines. However, there are some states, including Massachusetts, California, and New York, that have laws that allow for accommodations for pregnant employees. Essentially, if you have a condition that is protected under the Americans with Disabilities Act then it is more likely that you will not have to go back to work in person if you don’t want to. \\nSeek Legal Assistance Today\\nIf you have experienced disability discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>With the increase in Covid-19 vaccinations across the country, the U.S. has begun the process of returning to work. Understandably, many people are still nervous about their health and the risk of in-person work. On top of the stress of shifting back to everyday life, many people are overwhelmed by the ever-changing guidelines, executive orders,&hellip;</p>\\n"},{"id":9550,"path":"/blog/wednesday-worklaw-alert-one-year-after-pride-month-scotus-ruling-lgbtq-employees-deserve-more-than-a-rainbow-logo","slug":"wednesday-worklaw-alert-one-year-after-pride-month-scotus-ruling-lgbtq-employees-deserve-more-than-a-rainbow-logo","modified":"2021-06-23T09:40:00","title":"Wednesday Worklaw Alert: One Year After Pride Month SCOTUS Ruling, LGBTQ+ Employees Deserve More Than a Rainbow Logo","content":"June 1st marks the beginning of LGBTQ+ Pride Month, a month set aside to celebrate gay pride and to refocus efforts on advancing LGBTQ+ rights both in the workplace and in the world. Unfortunately, this community has faced a great deal of discrimination at the hands of employers. While much has changed since the Stonewall Riots of 1969 that this month commemorates, LGBTQ+ people still often face unfair treatment in the workplace. It was not until a year ago, in June 2020, that the Supreme Court ruled that employers cannot fire workers for being homosexual or transgender. \\nResearch on Discrimination Against LGBTQ+ Employees \\nRecently, research conducted by LinkedIn and Glassdoor has reaffirmed the disappointing truth that LGBTQ+ people are still being discriminated against by their employers. In a survey of LGBTQ+ professionals conducted by LinkedIn, 25% of respondents said they had been denied promotions and/or raises due to their identity. 31% reported experiencing discrimination and microagressions in the workplace. A recent CBS article elaborated on the research conducted by LinkedIn, saying, “Beyond harassment and discrimination, many LGBTQ workers also report being unsatisfied with how they feel their organization supports — or rather, does not support — the LGBTQ community.”\\nGlassdoor released additional information on unfair treatment towards LGBTQ+ workers. According to recent analysis, LGBTQ+ employees are less satisfied with their work experiences than others employees that do not identify as LGBTQ+. Scott Dobroski, vice president of corporate communications for Glassdoor and member of the organization’s LGBTQ+ employee resource group, commented on this recent analysis, saying, “We conducted another survey that shows nearly 50% of LGBTQ+ employees believe being out at work could hurt their career. And more than half of LGBTQ+ employees report they have witnessed or experienced anti-LGBTQ+ comments by coworkers.”\\nRainbow-washing by Employers in Pride Month \\nDobroksi and others believe that some of this dissatisfaction from the LGBTQ+ workforce might also be related to the way certain companies have used Pride month as a marketing strategy. Many employers will celebrate Pride month by changing their logos to rainbow colors, a practice sometimes referred to as rainbow-washing, rather than engaging with the celebration in a more meaningful manner. Dobrokski said, “While many companies will turn their logos and social profiles to rainbows for Pride Month, creating a more equitable company is more than just symbolic or superficial moves. It’s about action. A rainbow logo isn’t enough.” He noted that there is nothing wrong with changing the color of a logo in order to express solidarity with the LGBTQ+ community; the issue arises when it is not accompanied by efforts to make real change, such as rethinking company policies, implementing educational opportunities, or engaging in political advocacy for LGBTQ+ rights. \\nSeek Legal Assistance Today \\nIf any of this research or employer behavior sounds familiar, you may be facing discrimination in the workplace. The Law Office of Christopher Davis is here to support and defend the LGBTQ+ community not just during Pride month, but always. Seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>June 1st marks the beginning of LGBTQ+ Pride Month, a month set aside to celebrate gay pride and to refocus efforts on advancing LGBTQ+ rights both in the workplace and in the world. Unfortunately, this community has faced a great deal of discrimination at the hands of employers. While much has changed since the Stonewall&hellip;</p>\\n"},{"id":9539,"path":"/blog/is-your-employer-paying-you-properly-schedule-a-free-consultation-to-find-out","slug":"is-your-employer-paying-you-properly-schedule-a-free-consultation-to-find-out","modified":"2021-06-21T10:15:05","title":"Is Your Employer Paying You Properly? Schedule a Free Consultation to Find Out!","content":"","excerpt":""},{"id":9534,"path":"/blog/kim-kardashian-faces-a-lawsuit-for-allegations-of-labor-law-violations","slug":"kim-kardashian-faces-a-lawsuit-for-allegations-of-labor-law-violations","modified":"2021-06-18T18:46:01","title":"Kim Kardashian Faces a Lawsuit for Allegations of Labor Law Violations","content":"Reality TV star, socialite, and businesswoman Kim Kardashian West is currently facing criticism for allegedly mistreating and failing to pay her employees overtime wages. Seven of West’s employees, who clean and maintain her California home, filed a lawsuit in the Los Angeles Superior Court presenting a series of claims including retaliation, violation of child labor laws, and failure to report employement to tax authorities. According to Frank Kim, a Los Angeles attorney, the plaintiffs shared that they were not “given mandated meals and breaks, provided a means to record all their hours, were not paid all their overtime wages,” and were not compensated fairly for all of the hours they worked. The suit highlights that the plaintiffs are not seeking a specific amount, however, the “matter of controversy exceeds $25,000.”\\nResponses to the Accusations Outlined in the Suit \\nWhile West has not directly addressed these accusations, one of her representatives responded saying that the employees were hired through “a third-party vendor” and West therefore cannot be held liable for “how the vendor manages their business.” In an attempt to help settle the matter, the star’s representative also mentioned that West has stopped paying the vendor in hopes they can resolve the issue with their employees. While the name of the vendor has not been shared, an article posted on NBC News suggests employees who work for major corporations under sub-contractors commonly deal with similar issues. The writer emphasized that although big name companies make the decisions, “when the workers’ rights are violated they sidestep responsibilities we expect of employers.”\\nFederal and State Laws That Protect Employees from Labor Law Violations \\nThere are both federal and state laws that protect workers from wage and other workplace violations under the Fair Labor Standards Act (FLSA). Under this act, employers are required to pay their employees for all of the hours they work and overtime pay for hours worked over forty 40 per week of one-half times the regular rate of pay. Additionally, the act also mandates that employers keep records of employee time and pay records. Furthermore, the FLSA also includes child labor provisions to protect minors working jobs that can hinder educational opportunities and be detrimental to their health. While states uphold the laws listed in the FLSA, some have additional labor laws that further protect employees in the workplace. For example, in New York State, employers are required to provide their workers with at least thirty minute long meal breaks at certain times of the day depending on the length of their shifts. \\nSeek Legal Assistance Today \\nIf your employer has failed to pay overtime wages or has violated any of the laws mentioned above, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Reality TV star, socialite, and businesswoman Kim Kardashian West is currently facing criticism for allegedly mistreating and failing to pay her employees overtime wages. Seven of West’s employees, who clean and maintain her California home, filed a lawsuit in the Los Angeles Superior Court presenting a series of claims including retaliation, violation of child labor&hellip;</p>\\n"},{"id":9522,"path":"/blog/first-federal-ruling-on-vaccination-mandates","slug":"first-federal-ruling-on-vaccination-mandates","modified":"2021-06-16T09:52:04","title":"Wednesday Worklaw Alert: First Federal Ruling on Vaccination Mandates","content":"Recently, 117 employees of Houston Methodist in Texas filed a lawsuit over the vaccination mandate the hospital system put in place. In March, Houston Methodist offered $500 to employees who chose to receive the COVID-19 vaccination. They also stated that at some point vaccinations would be a requirement and set a June 7 deadline for all employees to get vaccinated. Jennifer Bridges, a registered nurse at Houston Methodist, began a petition against this policy and is now leading the lawsuit against the hospital system. According to a recent CBS News article, the lawsuit argues that mandating the vaccine requires the employee to subject themselves to medical experimentation as a prerequisite to feeding their families” and claims employees are being treated likeguinea pigs. After the hospital system put the vaccination requirement in place, nearly 200 employees were suspended for their failure to comply. \\nOn Saturday, U.S. district judge Lynn N. Hughes dismissed the lawsuit, calling many of the lawsuit’s claims “false” and “irrelevant.” In his ruling, the judge shows that Texas law protects employees from being terminated for refusing to commit a criminal act. Receiving a vaccination is not an illegal act. Additionally, Hughes noted that the hospital system’s vaccination policy does not violate any federal law or public policy. He was also vehemently opposed to comparisons the lawsuit drew between mandating COVID-19 vaccinations and Nazi medical experiments during the Holocaust. Hughes condemned such statements, saying, “Equating the injection requirement to medical experimentation in concentration camps is reprehensible. Nazi doctors conducted medical experiments on victims that caused pain, mutilation, permanent disability, and in many cases, death.\\nConservative Response to Vaccination Ruling\\nJared Woodfill, an attorney and conservative activist, expressed his disappointment in the ruling and his commitment to continue opposing vaccination requirements. “This is the first battle in a long fight, he said. There are going to be many battles fought. Not just in this courtroom, but in courtrooms all across the state. There are battles that are going to be fought in the higher courts, the 5th Circuit, the Texas Supreme Court, even the United States Supreme Court. So this is just one battle in a larger war. Its the first round, if you will. Woodfill and many other like minded people firmly believe that by requiring vaccinations, employers are mandating participation in a “vaccination trial,” which they believe is illegal. \\nAdvice from LOCQD\\nOur firm advises both employees and employers to check CDC guidelines and your state’s local laws. The CDC guidelines do not require vaccination, but some state and local laws may. However, there is little that says an employer cannot require vaccination. Generally speaking, private employers have broad discretion to require vaccination. Those with medical or religious reasons for not seeking vaccination should approach HR and seek an exemption. \\nSeek Legal Assistance Today \\nIf you have questions regarding COVID-19 vaccination requirements, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Recently, 117 employees of Houston Methodist in Texas filed a lawsuit over the vaccination mandate the hospital system put in place. In March, Houston Methodist offered $500 to employees who chose to receive the COVID-19 vaccination. They also stated that at some point vaccinations would be a requirement and set a June 7 deadline for&hellip;</p>\\n"},{"id":9503,"path":"/blog/how-to-enjoy-your-vaccinated-summer-and-remain-employed","slug":"how-to-enjoy-your-vaccinated-summer-and-remain-employed","modified":"2021-06-09T16:33:58","title":"Wednesday Worklaw Alert: How to Enjoy Your Vaccinated Summer and Remain Employed","content":"Summer is here! For the last year, personal and social responsibility have weighed heavily on the minds of Americans amidst the global Covid-19 pandemic. Social distancing, and other safety measures, left individuals in hovels, ruminating on the simple joys previously taken for granted and conceiving of ways to shirk responsibility at the first moment’s notice. As state and local economies open up following vaccination efforts around the country, many see this as an opportunity to capitalize on those impulsive urges. Reopenings mean that while people may be in search of opportunities to go buck wild, they will also be headed back to the good ol’ cubicle. Our firm has blogged on several related issues already, including whether employers can require employees to get vaccinated and whether or not employers can mandate that employees go mask-less. Now the following question arises: How can one let loose during the vaccinated summer while still remaining employed? Here are a few things we think both employees and employers can consider in preparation for their vaccinated summer.\\nSummer 2021 for Employees\\nResponsible employees need to plan accordingly in order to protect themselves. This may look different depending on one’s plans, but this could mean that employees request time off in advance, rather than phoning in at the office or calling in “sick” the morning after a rough night. Your recreational time is yours. In New York state, for example, it’s illegal to fire someone for the activities in which they engage on their own paid time off. Employees should thus protect themselves by constraining their recreational activities to recreation time. Employees should request the day off prior to any self-induced unpleasantries (e.g. drinking too much) that would inhibit their performance at work. Employees can also be mindful of how they use their time, money, and energy before blowing it all in one fell swoop.\\nSummer 2021 for Employers\\nEmployers need to be mindful of how their employees are feeling after being cooped up for over a year. Now more than ever, individuals need time for themselves, so pushing one’s employees now that economies are reopening is not only poor form but poor practice. Employees should be able to capitalize on the open economies. Otherwise, burn out of one type will simply be displaced by another, killing office productivity and morale. Individuals, especially those who are vaccinated, no longer need to be isolated indoors. Instead, they can enjoy the improving weather with friends, family, and even strangers without the same guilt or worry lingering over their heads, as was the case for many last year. Not only can they enjoy these guilt-free excursions, but they should, and employers should encourage their employees to do so.\\nSeek Legal Assistance Today \\nIf you have issues with your employer related to your recreational time outside of the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Summer is here! For the last year, personal and social responsibility have weighed heavily on the minds of Americans amidst the global Covid-19 pandemic. Social distancing, and other safety measures, left individuals in hovels, ruminating on the simple joys previously taken for granted and conceiving of ways to shirk responsibility at the first moment’s notice.&hellip;</p>\\n"},{"id":9495,"path":"/blog/cathedral-school-fires-teacher-for-a-same-sex-marriage-discrimination","slug":"cathedral-school-fires-teacher-for-a-same-sex-marriage-discrimination","modified":"2021-06-04T11:21:23","title":"Cathedral School Fires Teacher for Same Sex Marriage","content":"Joshua Payne-Elliot worked as a teacher at a cathedral school for 10 years in Indiana. In 2019, Joshua was fired from his position because he got married to someone of the same sex. The archdiocese believes that same-sex marriage is against their religion, and therefore should not be promoted (nor supported) within their school system. Joshua believes he has been the target of discrimination based upon his sexual orientation. Joshua sued the archdiocese in the court case Joshua Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc. The court case was recently dismissed on May 7, 2021 because the court decided that it was against the first amendment to interfere with the religious elements of a cathedral school.\\nLuke Goldrich, from the Becket Fund of Religious Liberty, which represented the archdiocese said, “If the First Amendment means anything, it means the government can’t punish the Catholic Church for asking Catholic educators to support Catholic teaching. This has always been a very simple case because the Supreme Court has repeatedly affirmed the freedom of religious schools to choose teachers who support their religious faith.” \\nThe previous rulings denied a dismissal attempt by the defendants due to jurisprudence. Joshua Elliot-Payne’s attorney said, “We are very disappointed in the new trial judge’s ruling, which lacks any explanation, reasoning, or rationale for reversing the prior trial judge’s well-reasoned, lengthy opinion on the same issues in the same case, where he denied the motion for judgment on the pleadings in all respects.”\\nLaws involved in this Case \\nIn June of 2020 the Supreme Court ruled on the case Bostock v Clayton County in a 6-3 decision that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against the LGBTQ+ community. So in a public school, the firing of Joshua Payne-Elliot would be considered wrongful termination. However since the school has a religious mission, the first amendment is relevant here. The first amendment states, “Congress shall make no law respecting an establishment of religion…” The government is not supposed to intervene with religious establishments, which is why the court ruled in favor of the archdiocese.\\nPride Week and Continued Discrimination \\nAs we celebrate pride week and all of the accomplishments that the LGBTQ+ community has achieved over the years, it is important to note cases like this, where the LGBTQ+ community is still experiencing discrimination. Hopefully this week shed some light on the reasons to keep fighting for LGBTQ+ equality.\\nSeek Legal Assistance Today \\nIf you have experienced discrimination in the workplace for being a member of the LGBTQ+ community, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (201) 500-3759 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Joshua Payne-Elliot worked as a teacher at a cathedral school for 10 years in Indiana. In 2019, Joshua was fired from his position because he got married to someone of the same sex. The archdiocese believes that same-sex marriage is against their religion, and therefore should not be promoted (nor supported) within their school system.&hellip;</p>\\n"},{"id":9493,"path":"/blog/firm-wins-second-appeal-for-egyptian-ny-police-officer-profiled-as-a-terrorist","slug":"firm-wins-second-appeal-for-egyptian-ny-police-officer-profiled-as-a-terrorist","modified":"2021-06-03T15:36:26","title":"FIRM WINS SECOND APPEAL FOR EGYPTIAN NY POLICE OFFICER PROFILED AS A TERRORIST","content":"Our firm represents Mohamed Abdelal in his employment discrimination lawsuit against the NYPD on the basis of his Egyptian national origin, Middle Eastern\\nancestry, and Muslim religion. Mr. Abdelal was fired notwithstanding a strong record as a police officer and following an expansive and fruitless two year internal affairs investigation into perceived ties to terrorism. The investigation, which involved law enforcement agencies including the Joint Terrorism Task Force and the Department of Homeland Security, was not justified by any evidence suggesting Mr. Abdelal had links to terrorism or terrorist organizations, and was fueled by speculation that Mr. Abdelal was a terrorist. The biased investigation was then used as a basis for terminating Abdelals employment by former Police Commissioner Raymond Kelly against the recommendation of an NYPD Administrative Law Judge. Kellys decision was in contrast to Abdelals commanding officers strong performance review of him shortly before his termination. Abdelals former commanding officer was later promoted and is now the NYPD Police Commissioner.\\nMohamed Abdelal jointed the NYPD after the September 11, 2001 terrorist attacks believing that the presence of an Egyptian police officer on the force would greatly improve public trust of those of Middle Eastern ancestry. He received accolades, including for chasing and apprehending a suspect while off duty in his flip flops.\\nMo, as we call him, became our client in 2013. We have always believed in him and his case, and we have proudly represented him for 8 years. We prevailed on the Citys original motion to dismiss and in a motion to compel the deposition of former Commissioner Kelly. The case was then dismissed after the City won the first summary judgment motion they filed. We retained (phenomenal) appellate counsel Debra Greenberger with Emery Celli Brinckerhoff Abady Ward &amp; Maazel LLP who prevailed on our first appeal to the Second Circuit following the first summary judgment dismissal.\\nThe case was then referred back to the trial court and again dismissed on the Citys second summary judgment motion. We retained (ALSO phenomenal) whiz kid appellate counsel David Lebowitz with Kaufman Lieb Lebowitz &amp; Frick LLP.\\nLast week, in a stunning victory, the Second Circuit reversed the dismissal by the trial court and remanded the case for a trial date. \\nWe are very proud of our client for sticking it out through tremendous adversity, and for the many lawyers and staff who contributed to this outcome. We look forward to reporting on future outcomes  more to come!\\nCLICK HERE FOR LINK TO SECOND CIRCUIT OPINION","excerpt":"<p>Our firm represents Mohamed Abdelal in his employment discrimination lawsuit against the NYPD on the basis of his Egyptian national origin, Middle Eastern ancestry, and Muslim religion.  Mr. Abdelal was fired notwithstanding a strong record as a police officer and following an expansive and fruitless two year internal affairs investigation into perceived ties to terrorism. &hellip;</p>\\n"},{"id":9488,"path":"/blog/wednesday-worklaw-alert-teacher-removed-from-position-after-flying-blm-flag-at-work","slug":"wednesday-worklaw-alert-teacher-removed-from-position-after-flying-blm-flag-at-work","modified":"2021-05-26T17:59:40","title":"Wednesday Worklaw Alert: Teacher Removed from Position after Flying BLM Flag at Work","content":"Last year, a teacher at Robert E. Lee High School in Jacksonville, Florida was removed from her position after hanging a Black Lives Matter (BLM) flag outside her classroom. Lee was a segregated, whites only school until 1971. Since then, important work has been done at the school and within the community to combat the deep-seeded racism that is part of the school’s history. A recent NPR article provides one example: “. . . a student group called the EVAC Movement, focused on reframing Black youth in Jacksonville from at risk to at hope, met with then-President Barack Obama in 2016 and presented before the U.S. Office of Juvenile Justice and Delinquency Prevention.”\\nHowever, in January 2020, Reginald Boston, a former member of the EVAC Movement, was killed by the Jacksonville Sheriffs Office. The event deeply impacted members of EVAC and the surrounding community, particularly students at Lee. To show support for her students of color, Amy Donofrio, an English teacher at Lee and co-founder of the EVAC Movement, hung a BLM flag outside of her classroom. She commented on Boston’s death saying, His life mattered. Period. Theres no possible way that you cant stand by the belief that Black lives matter. The school asked her to remove the flag, claiming that it violated district policy on political speech by employees. Donofrio refused, and as a result she was removed from her teaching position and given other duties. \\nReactions to Donofrio’s Removal and the BLM Flag \\nMany students at the school were saddened and outraged by Donofrio’s removal. Amiyah Jacobs, a senior at Lee, said that the BLM flag was extremely comforting for her and expressed her affection for Donofrio, saying, “. . . she helps out with kids who need hygiene or food or even help applying to college. She was just very sweet. And she cared for the students.” Jacobs and over 16,000 others have signed a student-led petition to bring the teacher back to the classroom.\\nNow, Donofrio is filing suit against Duval County Public Schools, alleging that the forced removal of the BLM flag was a violation of her First Amendment rights. She is being represented by the Southern Poverty Law Center. Additionally, Donofrio claims that the school “consistently undermined the EVAC program by demoting it from a class to a club to an informal group, turning down private funding and blocking her from using non-teaching days to take students on field trips.” She feels that Black students were not adequately supported at the school. \\nWhat does the law say about speech for public employees? \\nBecause of a 2006 Supreme Court ruling that placed limitations on speech for public employees, this suit might face an uphill battle. The ruling states that when public employees are in the workplace, they speak for the government, not for themselves. Arnow-Richman, professor of law at the University of Florida, explains that because of this ruling, public employment is one of the most profound limitations on First Amendment rights. Donofrio’s suit pushes back against this ruling by citing a Florida statute that states that school districts cannot infringe upon staffs rights under the Constitution without written consent.\\nSeek Legal Assistance Today \\nIf you believe your First Amendment rights are being violated in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last year, a teacher at Robert E. Lee High School in Jacksonville, Florida was removed from her position after hanging a Black Lives Matter (BLM) flag outside her classroom. Lee was a segregated, whites only school until 1971. Since then, important work has been done at the school and within the community to combat the deep-seeded&hellip;</p>\\n"},{"id":9482,"path":"/blog/wednesday-worklaw-alert-jury-awards-11-million-to-former-ibm-manager-terminated-after-reporting-racial-discrimination","slug":"wednesday-worklaw-alert-jury-awards-11-million-to-former-ibm-manager-terminated-after-reporting-racial-discrimination","modified":"2021-05-19T14:48:25","title":"Wednesday Worklaw Alert: Jury Awards $11 Million to Former IBM Manager Terminated after Reporting Racial Discrimination","content":"Last month, a jury sided with former IBM manager Scott Kingston, ruling that the technology company owes him $11 million in economic and non-economic damages. The jury’s verdict says that Kingston is owed $6 million in damages for emotional harm and $5.1 million in past and future economic loss and unpaid commission. \\nKingston claims he was fired out of retaliation after he reported an instance of racial discrimination against a subordinate, Jerome Beard. According to a Law360 article, “Kingston said that Black salesman Jerome Beards expected commission of more than $1M from a sale to HCL Technologies in 2017 was reduced to $205,000. Meanwhile, white salesman Nick Donato came away with over $1 million from a sale to SAS Institute a few months before that and was not subjected to a cap.” Kingston claims that during his time at the company, they had a bright-line policy against caps on commissions.\\nKingston recalls reporting this racial discrimination to his superiors saying, They were telling me it wasnt about money; it was some other reason. I flat out said, You are leaving no possibility for anybody to conclude another reason than racial discrimination. You are foreclosing any other possible conclusion. You are going to get us sued. I thought, at that moment, maybe that strong language would shake them right out of this mistake, and theyd say, Holy cow, we cant. They didnt. They just kept right on.\' \\nAfter bringing this information to the companys attention, Kingston expected IBM would pay Beard the full commission or at least create some sort of policy that would make their treatment of his situation more logical. Instead, Kingston was terminated on April 16, 2018, during a conference call that he thought might contain a promotion. He was denied a written explanation of his termination. IBM later argued that Kingston was fired for his “poor judgement” in approving Donato’s commission. Another manager was also fired for approving Donato’s commission. \\nOne key piece of evidence in Kingston’s case was an email from 2017 sent to the finance Vice President at IBM from one of Kingston’s mentors in which she gives an update “on her conversation notifying Kingston about the capping determination,” according to the Law360 article. A few days prior to Kingston’s termination, the email was forwarded to the people who made the decision to fire him. \\nResponse from Kingston’s Attorneys and IBM \\nKingston’s attorneys, Matthew E. Lee and Toby J. Marshall, have expressed their satisfaction with the verdict. Lee said, He deserved justice and, after three long years, this verdict has given him that.” Marshall agreed with Lee, saying Scott Kingston was simply trying to protect another employee, and today his actions were vindicated.”\\nIBM has expressed disappointment with the verdict. The company released a statement saying: IBM does not condone retaliation, race discrimination or any other form of discrimination. The company will consider all of its options on appeal.\\n Seek Legal Assistance Today \\nIf you are experiencing retaliation in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, a jury sided with former IBM manager Scott Kingston, ruling that the technology company owes him $11 million in economic and non-economic damages. The jury’s verdict says that Kingston is owed $6 million in damages for emotional harm and $5.1 million in past and future economic loss and unpaid commission.  Kingston claims he&hellip;</p>\\n"},{"id":9476,"path":"/blog/are-politics-distracting-basecamps-employees-resign-after-the-company-bans-political-conversations","slug":"are-politics-distracting-basecamps-employees-resign-after-the-company-bans-political-conversations","modified":"2021-05-14T14:20:05","title":"Are Politics Distracting? Basecamp’s Employees Resign After the Company Bans Political Conversations","content":"Basecamp, a productivity software-making company, is currently under heat for implementing a controversial ban on societal and political discussions in the workplace. In a September blog post on the company’s website, chief executive Jason Fried listed several internal changes the company is making. He wrote, “every discussion remotely related to politics, advocacy or society at large quickly spins away from pleasant.” Referring to the current political and social climate, Fried emphasized that these discussions are “difficult to navigate” and are essentially a “major distraction” from the job. The new policies were met with significant opposition as 20 out of 57 of the company’s employees have resigned or intend to resign. \\nBasecamps Policy Change and Response to Losing a Third of Its Employees \\nAccording to an article published in the New York Times, Basecamp did not immediately accept a request to comment on the matter. However, David Hansson, the chief technology officer and one of the founders of the company, later announced in another blog post that the company is offering severance “of up to six months of salary to employees who disagreed with the founder’s choice.” Further emphasizing that the company is committed to its policies and understands that “some employees are relieved and others are infuriated,” which reflects the general “public debate” on politics. Basecamp’s decision to impose this change mirrors one made by Coinbase in October of the same year. The prominent cryptocurrency start-up, who has previously dealt with discrimination allegations, took a similar stance, telling employees to refrain from engaging “in broader activism as a company outside of [their] mission.” Coinbase also attempted to give severance to employees who disagreed.\\nIs Discussing Politics in the Workplace Legal?\\nWhile the First Amendment of the Constitution protects an individual’s right to “free speech, religion, and assembly,” private-sector employers can inflict general limits on employees’ “political activities and discussions during working hours” according to Dan Prywers, a partner at Bryan Cave. Although employers cannot discriminate against their employees for their political beliefs, they can regulate the conversations they have in the workplace. The National Law Review  explains that private-sector employers have the ability to implement stricter policies in the workplace regarding political and societal discussions, especially if it “interferes with business, disrupts others, or affects the company’s productivity.” Although Basecamp’s new policy has generated much controversy, their decision to institute this change does fall in line with these guidelines. \\nSeek Legal Assistance Today \\nIf you believe your employer has violated your rights, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Basecamp, a productivity software-making company, is currently under heat for implementing a controversial ban on societal and political discussions in the workplace. In a September blog post on the company’s website, chief executive Jason Fried listed several internal changes the company is making. He wrote, “every discussion remotely related to politics, advocacy or society at&hellip;</p>\\n"},{"id":9472,"path":"/blog/wednesday-worklaw-alert-what-you-should-know-when-you-return-to-the-office-post-covid","slug":"wednesday-worklaw-alert-what-you-should-know-when-you-return-to-the-office-post-covid","modified":"2021-05-12T11:19:08","title":"Wednesday Worklaw Alert: What You Should Know When You Return to the Office Post-COVID","content":"The COVID-19 pandemic has brought up many questions regarding workplace safety and the rights of employees and employers alike. Our firm has previously blogged on issues such as whether your employer can force you not to wear a mask and whether employers can require vaccinations. Today, we aim to tackle questions such as “Can my employer ask why I am choosing not to get vaccinated?” and “As an employer, can I provide my employees with the vaccine?” \\nCan My Employer Ask Why I’m Not Getting Vaccinated? \\nLast month, several of these questions were raised during the 2021 CUNA HR &amp; Organizational Development Council Virtual Conference. Aaron Zandy, partner with FordHarrison LLP, told listeners that while employers usually can require employees to get the COVID-19 vaccine (with some exceptions), they cannot ask why employees decide not to get vaccinated. \\nCan Employers Set Up Vaccinations for Employees? \\nSome employers have wondered if they can set up employer-sponsored vaccinations in order to facilitate the vaccination process for their employees. According to a recent article, employers looking to do this “need to be aware of related legal hurdles, such as documents becoming medical records under Equal Employment Opportunities Commission (EEOC) rules and questions turning into medical inquiries under the Americans with Disabilities Act.” Zandy agreed, saying, “It’s much safer to require employees to get the vaccine on their own as opposed to you as an employer providing it for them.”\\nOSHA and CDC Guidelines \\nIn the wake of COVID-19, employers will have much more contact with the Occupational Safety and Health Administration (OSHA) than in the past. For instance, last month OSHA fined a Massachusetts employer $136,000 for prohibiting employees and customers from wearing masks in the office. The citation stated that the employer was “willfully failing to develop and implement measures to prevent the spread of the coronavirus.” OSHA will become more involved with employment issues such as this as people begin to return to the workplace following the pandemic. \\nAs the article points out, OSHA “currently does not have standards in place that address what steps organizations need to take to maintain a safe and healthy workplace.” However, OSHA and the Centers for Disease Control and Prevention (CDC) have both released guidelines on health policies in the workplace, such as mask-wearing and social distancing. If employers are operating in accordance with these guidelines, then they are well-positioned to defend themselves against any complaints or citations filed against them. As Zandy said, “It’s the organization’s obligation to maintain a safe workplace. How do you achieve that? Follow the guidance and ensure employees are being safe and sensitive to others.”\\nSeek Legal Assistance Today \\nIf you have questions about returning to the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The COVID-19 pandemic has brought up many questions regarding workplace safety and the rights of employees and employers alike. Our firm has previously blogged on issues such as whether your employer can force you not to wear a mask and whether employers can require vaccinations. Today, we aim to tackle questions such as “Can my&hellip;</p>\\n"},{"id":9469,"path":"/blog/menstrual-leave-in-south-korea","slug":"menstrual-leave-in-south-korea","modified":"2024-10-15T01:45:37","title":"Menstrual Leave in South Korea","content":"Since 1953, women in South Korea have been permitted to take one day off a month due to painful menstruation. Between 2014 and 2015, Former CEO of Asiana Airlines, Kim Soo-cheon, received over 138 employee requests for a day off due to painful menstruation. The former CEO said that he began to get suspicious when large amounts of employees attempted to take off for painful menstruation near the holidays. Kim Soo-cheon asked the women to provide proof of painful menstruation. The South Korean court found that providing this proof infringed upon the individual’s privacy and human rights. The court recently fined the former CEO over $1,800. Other countries that provide menstrual leave are Japan, Indonesia, Taiwan, and Zambia.  What is Menstrual Leave?  Menstrual leave stems from the idea that employers should permit women time off each month due to painful periods. Different countries have different regulations for how many days are allotted per month, as well as whether the time off is paid or unpaid. On average, a woman spends 3,000 days on her period throughout her lifetime. The scientific term for a painful period is dysmenorrhea, which impacts women of all different ages and may be caused by many different reproductive conditions. About 80% of women will experience uterine fibroids by the time they’re 50. Besides uterine fibroids, there are many other reproductive conditions that impact the painfulness of menstruation, such as endometriosis and adenomyosis. A study conducted in 2019 by Health Care for Women International found that 47.2% of the women surveyed support menstrual leave. Those in support felt that a menstrual leave act would normalize the conversation around menstruation. In fact, a UK study of 1,000 women between the ages of 14 to 21 found that 71% were embarrassed to buy sanitary products and 48% felt embarrassed by their period. The same study also found that 49% of women have missed an entire day of school due to period pain. Women make up roughly half of the workforce in the United States. Ultimately, the US does not have any laws surrounding menstrual leave.&nbsp; The Bloody Truth about Menstrual Leave Menstrual Leave is still extremely controversial. Even though it provides a platform to ease the stigma around menstruation and increase productivity in the workplace, it also has the potential to negatively impact the culture surrounding women. Women have fought and continue to fight hard to gain respect from their male counterparts in the workplace. A menstrual leave law could embolden already negative stereotypes against women. Such stereotypes include that women are emotional, unreliable, expensive and overall weak employees. Similar arguments were posed before other successful maternity leave laws were approved.Seek Legal Assistance Today&nbsp;If your employer has failed to provide reasonable accommodations for your medical condition, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 879-6986 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Since 1953, women in South Korea have been permitted to take one day off a month due to painful menstruation. Between 2014 and 2015, Former CEO of Asiana Airlines, Kim Soo-cheon, received over 138 employee requests for a day off due to painful menstruation. The former CEO said that he began to get suspicious when&hellip;</p>\\n"},{"id":9463,"path":"/blog/the-best-worst-job-mcdonalds-faces-multiple-lawsuits-for-sexual-harassment-and-racial-discrimination-allegations","slug":"the-best-worst-job-mcdonalds-faces-multiple-lawsuits-for-sexual-harassment-and-racial-discrimination-allegations","modified":"2021-04-30T13:18:05","title":"“The Best Worst Job” McDonald’s Faces Multiple Lawsuits for Sexual Harassment and Racial Discrimination Allegations","content":"McDonald’s is currently facing multiple class action lawsuits for allegations of sexual harassment and systemic racial discrimination. In a news segment covered by VICE News, multiple employees and black franchise owners came forward to discuss the issues within the company. This is one of the many lawsuits the global food service retailer has faced in the past. In fact, the sexual harrasment suit is one of 50 charges that has been filed against the corporation since 2015. The video segment reveals that McDonald’s has declined “multiple requests” for on camera interviews and has denied “any wrongdoing” in court filings.\\n\\nSexual Harassment Claims Included in the Suit Against the Michigan Franchise\\nIn the interview, several female employees, who are the lead plaintiffs in the sexual harassment suit filed against the Michigan franchise, express the hardships they have endured while working for the company under a former manager named Shawn Banks. The women shared that Banks frequently made inappropriate passes and explicitly named several instances in which they were physically assaulted during their shifts. Due to how frequently this occurred, many female employees were not shocked by what was happening and simply regarded it as Banks just being himself. One former female employee, who was not included in the original lawsuit, shared her personal experience working for Banks when she was only 16 years old. She expressed that Banks would often threaten her whenever she resisted him. On the night of her 18th birthday, he came to her house unannounced and pressured her into having sexual intercourse despite her hesitations. \\nDecades of Systemic Racial Discrimination Allegations \\nAdditionally, multiple former and current black franchise owners have filed another lawsuit against the company for racial discrmination allegations that has been discussed in a previous blog. Darrell Byrd, a black McDonald’s franchise owner in Arlington, Tennessee who is at the forefront of the suit, expressed his financial struggle to maintain ownership over multiple franchises. He stated that his “rent was so high that [he] did not make anything” compared to his white counterparts. Other former black franchise owners included in the suit alleged that they have been disportionately placed in less profitable locations. They referred to the statistics for average annual sales in 2019 that show that black franchise owners make less than $900 thousand less than the national franchise average and claim that they are getting “squeezed out of the system.” \\nSeek Legal Assistance Today \\nThere are federal laws that protect employees from unlawful treatment in the workplace under the Title VII of the Civil Rights Act of 1964. If you have experienced sexual harassment and/or racial discrimination at your job, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>McDonald’s is currently facing multiple class action lawsuits for allegations of sexual harassment and systemic racial discrimination. In a news segment covered by VICE News, multiple employees and black franchise owners came forward to discuss the issues within the company. This is one of the many lawsuits the global food service retailer has faced in&hellip;</p>\\n"},{"id":9458,"path":"/blog/wednesday-worklaw-alert-can-my-employer-force-me-not-to-wear-a-mask","slug":"wednesday-worklaw-alert-can-my-employer-force-me-not-to-wear-a-mask","modified":"2021-04-28T14:52:39","title":"Wednesday Worklaw Alert: Can My Employer Force Me Not to Wear a Mask?","content":"Throughout the pandemic, there has been a good deal of debate surrounding the legality of enforcing mask mandates in the workplace and whether or not employers can mandate vaccinations. The most recent issue that has arisen as the end of the pandemic comes into sight is regarding whether employers can force employees not to wear masks in the workplace. The answer might be more complicated than you think. \\nAccording to a recent Wall Street Journal article, if you wish to wear a mask in the workplace, “As long as the Centers for Disease Control and Prevention recommends that individuals wear masks and social distance at work and elsewhere, you are on firm legal footing.” State and local mask mandates can also offer protection to those who would like to continue to wear masks in the workplace. However, as these mandates begin to lift, you may not have a strong legal claim to wear a mask in the workplace unless you have a disability. Currently, those with disabilities are the only people eligible to request workplace accommodations that will allow them to continue wearing masks even if their employer prohibits them. \\nWhat Do the Experts Say about Mask-Wearing in the Workplace?\\nStrobel Gower, the program director of disability, inclusion and accommodation at Cornell University’s Yang-Tan Institute on Employment and Disability advised, “With the way that mask-wearing got politicized, we’re going to see a lot of this as some employers try to telegraph a message that everything has returned to normal. It comes down to: Does your company have an obligation to follow the guidance of federal and also state and local authorities?” Just this month, the Occupational Safety and Health Administration (OSHA) fined a Massachusetts employer $136,000 for prohibiting employees and customers from wearing masks in the office. The citation stated that the employer was “willfully failing to develop and implement measures to prevent the spread of the coronavirus.” Citations like this will likely become less common as restrictions and mandates loosen. \\nHowever, if an employer chooses to prohibit masks in the workplace at this point in time, they are likely opening themselves up to liability issues. Jim Paretti, an attorney with employment law firm Littler Mendelson, explains, “If the weight of conventional wisdom says this is what employees should be doing, unless and until we get to the place where the CDC says we’ve achieved enough vaccinations that masks aren’t worth maintaining, I’d look at it as a potential liability issue.” Once the “pandemic” label is removed, employers will have more freedom in enforcing mask regulations in the workplace. Gower said, “If someone wants to wear a mask, I think a lot of employers will be like, ‘whatever makes you happy,’ because they don’t want people to get sick either. But once the pandemic guidance is lifted, “they may be able to say ‘no, you can’t.’”\\nSeek Legal Assistance Today \\nIf you have questions regarding your right to wear a mask in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Throughout the pandemic, there has been a good deal of debate surrounding the legality of enforcing mask mandates in the workplace and whether or not employers can mandate vaccinations. The most recent issue that has arisen as the end of the pandemic comes into sight is regarding whether employers can force employees not to wear&hellip;</p>\\n"},{"id":9449,"path":"/blog/subway-discriminated-against-a-disabled-applicant-americians-with-disabilities-act","slug":"subway-discriminated-against-a-disabled-applicant-americians-with-disabilities-act","modified":"2021-04-27T20:19:26","title":"Subway Discriminated Against a Disabled Applicant","content":"A Subway in Bloomington, Ind. discriminated against a qualified applicant due to the applicant’s hearing impairment. The applicant was not hired for the sandwich-making position, because of a “communication concern” based on the applicant’s “hearing and speaking” ability. The applicant sued Ranrae, Inc, the corporation that is in charge of the Subway restaurant franchise in Bloomington, Indianna. Ranrae, Inc settled the American with Disabilities Act (ADA) lawsuit for $28,700 on March 26, 2021. The EEOC Regional Attorney Kenneth L. Bird states, “This employer wisely agreed to take the steps contained in the consent decree that will better ensure disabled applicants are not discriminated against again and may enjoy the full access to employment intended by the ADA.” This is not the first time a Subway franchise was sued due to potential violations of the ADA. In 2007, a Subway in Dallas, Texas discriminated against a female manager with a hearing impairment. The case settled at $166,500.\\nAmericans with Disabilities Act\\n  The Americans with Disabilities Act requires accommodations for all qualified workers within the United States as long as it does not cause undue hardship to the employer. The ADA defines a disability as, “a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.” Undue hardship is defined by the EEOC as, “is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work. This definition creates a high standard for employers to uphold when accommodating employees with disabilities. The regulation also outlines potential reasonable accommodations. Some examples of reasonable accommodations include hiring a translator, reader, or interpreters. However, there are many different ways to accommodate for those who are hard of hearing. The Job Accommodation Networks specifically mentions whiteboards and instant text messaging. Check out some of our other blogs to learn more about the Americans with Disabilities Acts. \\nStatistics \\n According to the United States Census  conducted in 2018, about 40.6 million people account for the non-institutionalized population with a disability in the United States. This a major portion of the United States population. According to the Bureau of Labor Statistics, “In 2020, 17.9 percent of persons with a disability were employed, down from 19.3 percent in 2019, the U.S. Bureau of Labor Statistics reported today. For persons without a disability, 61.8 percent were employed in 2020, down from 66.3 percent in the prior year.” The ADA is designed to protect Americans with disabilities in the labor force. The labor statistics do not look promising, and may be a result of the current coronavirus pandemic. \\nSeek Legal Assistance Today \\nIf your employer has failed to provide reasonable accommodations for your disability, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (201) 879-6986 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>         A Subway in Bloomington, Ind. discriminated against a qualified applicant due to the applicant’s hearing impairment. The applicant was not hired for the sandwich-making position, because of a “communication concern” based on the applicant’s “hearing and speaking” ability. The applicant sued Ranrae, Inc, the corporation that is in charge of the Subway restaurant franchise&hellip;</p>\\n"},{"id":9441,"path":"/blog/wednesday-worklaw-alert-revisiting-gun-legislation","slug":"wednesday-worklaw-alert-revisiting-gun-legislation","modified":"2021-04-21T17:42:54","title":"Wednesday Worklaw Alert: Revisiting Gun Legislation","content":"This past month, the nation has been rocked by repeated incidents of gun violence across the country. Earlier in March, eight people, most of Asian descent, were killed by a gunman in Atlanta, Georgia at multiple massage parlors across the city. About a week later, a shooter killed ten people at a supermarket in Boulder, Colorado. Last Thursday, a mass shooting occurred at a Fedex facility in Indianapolis, Indiana that resulted in the death of nine people. This Sunday, a former sheriff’s officer detective shot and killed three people in a neighborhood in Austin, Texas. And just yesterday, a sixteen year old was killed in a police shooting in Columbus, Ohio. \\nNational and Local Responses to Gun Violence \\nAll of these horrible acts of violence have prompted national and state governments to restart the conversation on gun control. President Biden stated, “This gun violence in our neighborhood is having a profound impact on our children, even if they’re never involved in pulling the trigger or being the victim of — on the other side of a trigger.” He recently announced a series of executive orders aimed at combating gun violence. \\nAt the local level, Mayor Bill de Blasio has unveiled his “Safe Summer NYC” plan to address gun violence. De Blasio stated, Safe Summer NYC is the comprehensive roadmap to end gun violence and bring our city back stronger than ever.” According to the city government’s website, the plan will address gun violence by imposing “real consequences for picking up a firearm” and creating “disincentives to turning to a life of crime by providing real, positive alternatives for young people.” The three main objectives of this plan are “increased investment in communities, strategic police presence in targeted areas, and greater coordination across the justice system.” You can visit the city’s website to read a breakdown of each of these three areas.\\nNew York Gun Laws and Guns in the Workplace \\nGun legislation in New York can be confusing, and New York City has its own separate gun regulations as well. In 2013, the state passed the NY SAFE Act in response to the Sandy Hook Elementary School shooting. During its passage, Governor Cuomo described it as one of the toughest gun control laws in the nation. It includes a number of firearm regulations and also broadens the definition of an “assault weapon.” As of now, New York does not have any specific laws preventing employers from prohibiting employees from carrying firearms in the workplace or storing firearms on company property, such as in the parking lot. The NY SAFE Act does not include any specific provisions regarding guns in the workplace; however, some parts of the law may impact workers in the security and healthcare industries by imposing new reporting requirements and increasing existing penalties. \\nSeek Legal Assistance Today \\nIf you are experiencing discrimination in the workplace or have any questions about your rights, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>This past month, the nation has been rocked by repeated incidents of gun violence across the country. Earlier in March, eight people, most of Asian descent, were killed by a gunman in Atlanta, Georgia at multiple massage parlors across the city. About a week later, a shooter killed ten people at a supermarket in Boulder,&hellip;</p>\\n"},{"id":9438,"path":"/blog/chipotle-agrees-to-pay-15-million-to-settle-a-two-year-long-overtime-pay-lawsuit","slug":"chipotle-agrees-to-pay-15-million-to-settle-a-two-year-long-overtime-pay-lawsuit","modified":"2021-04-16T12:55:38","title":"Chipotle Agrees to Pay $15 Million to Settle a Two Year Long Overtime Pay Lawsuit","content":"In 2017, a class action lawsuit was filed against the popular fast food business, Chipotle, for misclassifying its workers as salaried employees who were exempt from overtime pay. Carmen Alvarez, an employee at the time, filed the complaint in the U.S. District Court in New Jersey on behalf of herself and other Chipotle workers in similar situations. The suit, consisting of over 4,800 workers, was finally settled for $15 million after Chipotle agreed to resolve and put an end to the allegations. According to QSR magazine, the payout will be distributed to all employees working in New Jersey “from June 7, 2014 to July 15, 2019 and in all other states (except California, New York, and Texas) from June 18, 2017 to August 25, 2020.” \\nInformation Outlined in the Class Action Lawsuit  \\nThe lawsuit emanated from the Fair Labor Standards Act (FLSA) that was updated in 2016 to expand overtime pay to employees who do not only just hold executive positions, but also to those who “work more than 40 hours a week and less than $47,476” a year. Initially, Chipotle obeyed this rule and agreed to pay overtime wages to its apprentices who met the requirements, however, this compliance quickly changed after an injunction against Chipotle by a U.S. district court in Texas. Because of this court’s action, Chipotle reversed its adjustments and returned its apprentices to the status of regular salaried employees who are exempt from overtime pay. Nevertheless, Alvarez argued that the decision did not prevent the law from going into effect. Furthermore, she added that her wage rate at the time was $42,640 per year and her duties consisted of completing tasks similar to those of an hourly employee such as “food preparation and customer service.” After a two year long dispute, the case was settled in February, with a service award for Alvarez and another employee who joined as a plaintiff. \\n Department of Labor’s Final Rule on the Expansion of the FLSA \\nThe U.S. The Department of Labor (DOL) presented a final rule update on the expansion of the overtime pay act that went into full effect in January of 2020. The new law outlines a minimum salary employees need to be paid and certain duties they must meet to be exempt from overtime pay. Amidst the Coronavirus pandemic, more labor-related issues have been reported and “over 1,005 workplace lawsuits” have been filed just in 2020. Especially in these unprecedented times, it is important to stay informed and up to date about new laws and regulations that are implemented.\\n Seek Legal Assistance Today \\nIf your employer has failed to pay your earned wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In 2017, a class action lawsuit was filed against the popular fast food business, Chipotle, for misclassifying its workers as salaried employees who were exempt  from overtime pay. Carmen Alvarez, an employee at the time, filed the complaint in the U.S. District Court in New Jersey on behalf of herself and other Chipotle workers in&hellip;</p>\\n"},{"id":9433,"path":"/blog/wednesday-worklaw-alert-disney-faces-gender-pay-discrimination-and-pay-secrecy-lawsuit","slug":"wednesday-worklaw-alert-disney-faces-gender-pay-discrimination-and-pay-secrecy-lawsuit","modified":"2021-04-14T15:06:02","title":"Wednesday Worklaw Alert: Disney Faces Gender Pay Discrimination and Pay Secrecy Lawsuit","content":"In April of 2019, two former female employees of Disney, LaRonda Rasmussen and Karen Moore, filed a lawsuit in the Los Angeles Country Superior Court against the company alleging pay discrimination based on gender. They claimed their male counterparts were being paid more than them for similar work. Eight more women have since joined the lawsuit. All ten women are being represented by Lori E. Andrus, who is attempting to certify the case as a class action lawsuit. Last month, the women added a pay secrecy claim to their suit, alleging that Disney “maintains a strict policy of pay secrecy” that is in violation of California law. The complaint states that five of the ten women were asked multiple times “by their superiors never to speak about their compensation (salaries, bonuses or raises) with other Disney employees.” One of the plaintiffs even claims to have “direct knowledge of a female Disney employee being disciplined for disclosing her pay to co-workers” according to the filing. \\nWhat Does the Law Say about Pay Discrimination and Secrecy? \\nThe Equal Pay Act states that men and women in the same workplace must be given equal pay for equal work. The EEOC website provides more details on this act and other pay discrimination legislation. As explained by a recent New York Times article on the lawsuit against Disney, “Under the National Labor Relations Act of 1935, it is illegal for employers to retaliate against their workers for discussing wages with colleagues. California added its own statute in 1984. The California Fair Pay Act, enacted in 2015, further protects the right of employees to openly discuss their own pay.” \\nPay secrecy often works to perpetuate pay discrimination, as women are unable to obtain the information they need to demand equal pay. Andrus, the lawyer representing the ten women, said, “Rules about pay secrecy, written or unwritten, reinforce pay disparities in the workplace. The women at Disney can’t be expected to fight for fair pay with one hand tied behind their backs.”\\nDisney’s Response to Pay Discrimination and Secrecy Allegations \\nSince the lawsuit was filed in 2019, Disney has pushed back against all allegations of gender pay discrimination. The company has called the accusations “ill informed and unfounded,” pointing to their “robust pay-equity practices and policies.” In response to the new allegations of pay secrecy, Disney stated that it “does not prohibit its employees from talking about their pay and looks forward to proving the falsity of this latest plaintiff claim.” Disney is not the only big company to face allegations of pay discrimination based on gender. In recent months, Google, Coinbase, and Pinterest have all faced similar lawsuits. \\nSeek Legal Assistance Today \\nIf you are experiencing gender pay discrimination or pay secrecy in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In April of 2019, two former female employees of Disney, LaRonda Rasmussen and Karen Moore, filed a lawsuit in the Los Angeles Country Superior Court against the company alleging pay discrimination based on gender. They claimed their male counterparts were being paid more than them for similar work. Eight more women have since joined the&hellip;</p>\\n"},{"id":9426,"path":"/blog/women-in-the-military-deserve-respect-from-their-employer","slug":"women-in-the-military-deserve-respect-from-their-employer","modified":"2021-04-12T11:25:14","title":"Women In the Military Deserve Respect from Their Employer","content":"From the Mets to the NFL to the Metropolitan Opera, women have long experienced sexual harassment and assault in the workplace. The military is yet another employer often faced with sexual assault and harassment allegations from female employees. Last month, we spotted a viral Tik Tok by Sgt. Dalina. In the video, she explains that she reported one of her military coworkers for sexual misconduct. The accused coworker was honorably discharged because “he made a mistake, fell into temptation, but he could be a great leader”. As employment lawyers committed to fairness and women’s equality, The Law Office of Christopher Q. Davis knows it is important to discuss the issues that continuously affect women in every workplace — including the military.\\nRemember, the Military is Indeed an Employer\\nThe viral video highlighted the lack of support that women sometimes face in the workplace, especially when it comes to reporting sexual harassment. Dalina stated, “this is exactly why fing females in the military fing kill themselves. This is exactly why nobody fing takes it seriously.” Dalina’s story arrives on the heels of Vanessa Guillen’s death and alleged sexual assault. The military has been criticized for its apparent lack of sexual assault prevention. Nick Schfrin talked with four military victim advocates about the problems with reporting sexual assault in the military. In the interview, Marianne Bustin said that commanders often care more about their careers than the victim, and usually, the decision is left up to the commander when it comes to punishment for the perpetrator. Other victim advocates similarly argue that our armed services must do a better job of ensuring the safety and fair treatment of women in the military.\\nWhy is Reporting Sexual Assault in the Military Different?\\nSexual harassment in the military occurs too often. There are over 6,797 active-duty members who reported being a victim of sexual assault in the past year. This number does not include cases that go unreported every year. The court-martial process is different from a civilian lawsuit. If you are sexually assaulted in the military, guidelines recommend that you contact the sexual assault helpline offered by the branch in which you are serving. When calling this number, your report should be kept confidential. The phone operator should also inform you of restricted and unrestricted reporting options and provide resources and support.\\nMilitary Employment Lawyers\\nRegardless of the differences between the court-martial process and civilian court, women in the military should still have the right to counsel, the right to bring forward evidence and witnesses, and the right to appeal a decision or have it reviewed by an attorney.\\nSeek Legal Assistance Today\\nIf you have experienced sexual assault, harassment, or discrimination in your workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430.-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>From the Mets to the NFL to the Metropolitan Opera, women have long experienced sexual harassment and assault in the workplace. The military is yet another employer often faced with sexual assault and harassment allegations from female employees. Last month, we spotted a viral Tik Tok by Sgt. Dalina. In the video, she explains that&hellip;</p>\\n"},{"id":9421,"path":"/blog/free-consultation-for-employees-who-have-experienced-racial-discrimination","slug":"free-consultation-for-employees-who-have-experienced-racial-discrimination","modified":"2021-04-08T12:19:58","title":"Free Consultation for Employees who have experienced Racial Discrimination","content":"","excerpt":""},{"id":9414,"path":"/blog/wednesday-worklaw-alert-new-jersey-employers-can-require-vaccination","slug":"wednesday-worklaw-alert-new-jersey-employers-can-require-vaccination","modified":"2021-04-07T11:09:07","title":"Wednesday Worklaw Alert: New Jersey Employers Can Require Vaccination","content":"Employers in New Jersey can now mandate that employees receive the COVID-19 vaccine before returning to the workplace, with some exceptions. The state provided this new information in a “recent guidance that lays out a legal road map for businesses that want to adopt a mandatory vaccination policy,” according to a Law360 article. Exemptions from vaccination are required only for employees who are unable to receive the vaccine due to religious reasons, a disability, or health concerns, such as pregnancy or breastfeeding. In these instances, employers are required to provide such employees with a reasonable accommodation unless it presents an “undue burden” for the company. Some examples of these accommodations include working remotely or using protective gear designed to prevent the spread of the virus. The state said that safety in the workplace will be the priority in determining whether or not an accommodation is reasonable. Additionally, the state noted that these determinations must be based on objective, scientific evidence and not on unfounded assumptions or stereotypes.\\nHow New Jersey Employers May Address Vaccination Exemptions for Employees\\nThe state also provided more details for employers on how to address requests for vaccination exemptions on the basis of medical or religious reasons. Employers may legally request medical paperwork that documents an existing disability or a doctor’s recommendation to avoid getting the shot due to a medical circumstance, such as pregnancy or breastfeeding. This documentation must be kept completely confidential. If an employee has a religious objection to the vaccine, an employer cannot typically question the sincerity of the objection unless it has a “objective basis” for doing so. In this instance, the employer may ask limited questions about the employee’s request for exemption. \\nAccording to the Law360 article, “[i]f employers cant offer an accommodation that adequately diminishes the risk of COVID-19 spread among workers or customers, they can legally bar unvaccinated workers from a workplace, even those who have medical or religious reasons for not getting inoculated.” However, this conclusion does not mean that an employer can automatically take adverse action against an employee if he or she cannot get vaccinated. Existing laws and regulations prohibit such an action from occurring. The Equal Employment Opportunity Commission (EEOC) stated that first, an effort must be made to provide a reasonable accommodation or an exemption from the requirement. If this effort is not possible, then employers have the right to prevent employees from entering the workplace, but they do not have the right to immediately terminate them. More information about these exemptions is available on the state’s coronavirus website. \\nSeek Legal Assistance Today \\nIf you have questions or concerns about vaccination requirements in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Employers in New Jersey can now mandate that employees receive the COVID-19 vaccine before returning to the workplace, with some exceptions. The state provided this new information in a “recent guidance that lays out a legal road map for businesses that want to adopt a mandatory vaccination policy,” according to a Law360 article. Exemptions from&hellip;</p>\\n"},{"id":9410,"path":"/blog/lgbt-workers-in-japan-push-for-equality-before-tokyo-olympics","slug":"lgbt-workers-in-japan-push-for-equality-before-tokyo-olympics","modified":"2021-04-05T18:42:01","title":"LGBT Workers in Japan Push for Equality Before Tokyo Olympics","content":"Ever since the Tokyo 2020 Olympics were moved to 2021 because of the coronavirus pandemic, athletes and fans alike have eagerly awaited the start of the competition. However, LGBT workers in Japan are calling for a new law to be enacted before the Olympic Games commence this summer. Activists say that this LGBT equality law needs to be passed so that Japan, as the Olympic host country, will comply with the Olympic Charter, which bans sexual orientation discrimination and sex discrimination. Last month, activists submitted a petition for the equality law with 106,000 signatures to the Liberal Democratic Party, which is the current ruling party of Japan. \\nLGBT Discrimination in Japan\\nJapan’s ruling party has promised to work on legislation “to promote understanding” of LGBT issues. Still, many LGBT workers in Japan fear discrimination in the workplace because they lack legal protections. For example, Japan has no national legislation that prohibits workplace discrimination on the basis of sexual orientation or gender identity. Fumino Sugiyama, a former Olympian in fencing who identifies as transgender, said that Japanese LGBT athletes currently fear discrimination that would hurt their future careers and relationships with athletic organizations. In response to Japanese activists’ push for equality, the city of Tokyo passed an ordinance that prohibits LGBT discrimination. However, LGBT workers in Japan say that this law is not enough, as several Olympic competitions are scheduled to take place outside of Tokyo’s city limits, where there is no legal protection for LGBT workers. \\nLGBT Discrimination Laws in the United States\\nIn the United States, LGBT workers have different legal protections than those in Japan. For example, last summer, the Supreme Court ruled that U.S. employers cannot discriminate on the basis of sexual orientation or transgender status under the Civil Rights Act of 1964, a federal law. Individual states and cities also have additional legal protections for LGBT workers. For example, New York City’s anti-discrimination law prohibits discrimination on the basis of gender identity, gender expression, or sexual orientation. Additionally, New York’s state law prohibits discrimination on the basis of someone’s actual or perceived sexual orientation and gender identity or expression. Despite these laws, LGBT workers in the United States are also pushing for a national law, titled “The Equality Act.” This proposed federal law would amend the Civil Rights Act to explicitly prohibit discrimination on the basis of sexual orientation and gender identity. Critics of this law argue that it is less necessary following the Supreme Court’s ruling last summer and that it may conflict with employers’ religious beliefs. \\nSeek Legal Assistance Today \\nIf you have faced discrimination in the workplace on the basis of your sexual orientation or gender identity, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Ever since the Tokyo 2020 Olympics were moved to 2021 because of the coronavirus pandemic, athletes and fans alike have eagerly awaited the start of the competition. However, LGBT workers in Japan are calling for a new law to be enacted before the Olympic Games commence this summer. Activists say that this LGBT equality law&hellip;</p>\\n"},{"id":9405,"path":"/blog/new-york-state-governor-signs-new-legislation-that-grants-employees-time-off-to-receive-covid-19-vaccines","slug":"new-york-state-governor-signs-new-legislation-that-grants-employees-time-off-to-receive-covid-19-vaccines","modified":"2021-04-02T11:46:42","title":"New York State Governor Signs New Legislation that Grants Employees Time Off to Receive Covid-19 Vaccines","content":"Last month marks a year since the Covid-19 pandemic fully emerged in the United States. Throughout the course of the last year, significant change has taken place at the state, national, and global levels in efforts to combat the extremity of the virus. As a result, progress has occurred in many sectors, including the transition of schools and jobs to virtual platforms, the implementation of social distancing guidelines and rigid cleaning requirements in businesses, and the mass distribution of the Covid-19 vaccine. The first deliveries of the vaccine began in December, and since then, over 15% of the U.S. population has been fully vaccinated. More recently, various states, including New York, have appended their eligibility requirements to further expand vaccine distribution.. The state’s governor, Andrew Cuomo, announced to WABC that “all New Yorkers age 30 or older will be able to be vaccinated, and all New Yorkers age 16 or older will be eligible on April 6,” thus ahead of the U.S. President’s deadline by May 1st. \\nInformation Outlined in the Legislation \\nGov. Cuomo signed legislation this month that grants time off for employees in New York State to receive the Covid-19 vaccine. This new law applies to both public and private employees, allowing them to have up to four hours of excused leave “per injection that will not be charged against any other leave the employee has earned or accrued.” This legislation was set to be effective immediately so that essential employees and residents of New York can get vaccinated as soon as possible and work towards moving to a “new normal post-pandemic world.” The governor addressed that employees should be able to go out and get the vaccine without being concerned about losing wages or yielding the leave they have previously attained at work.\\nFederal Laws on Reasonable Accommodations and Ensuring Workers’ Safety\\nIn an article published on Personnel Today earlier this year, there is a reference to the obligation employers have to prioritize health and safety in the work environment during this pandemic. This priority is especially important in “enabling vaccination” as it can be a “key step to minimizing the risk of Covid-19 transmission in the workplace.” Apart from adherence to workplace safety conditions that meet the Occupational Safety and Health Administration standards, employers also have to follow the Americans with Disabilities Act in making “reasonable accommodations” for their employees who qualify. In the case of Covid-19 vaccines, granting time off for employees to receive the vaccine may fit into this clause, as not doing so could be a barrier for some employees to continue performing their jobs. \\nSeek Legal Assistance Today \\nIf your employer has failed to provide reasonable accommodations during the Covid-19 pandemic, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month marks a year since the Covid-19 pandemic fully emerged in the United States. Throughout the course of the last year, significant change has taken place at the state, national, and global levels in efforts to combat the extremity of the virus. As a result, progress has occurred in many sectors, including the transition&hellip;</p>\\n"},{"id":9399,"path":"/blog/wednesday-worklaw-alert-new-york-to-legalize-recreational-marijuana","slug":"wednesday-worklaw-alert-new-york-to-legalize-recreational-marijuana","modified":"2021-03-31T11:01:19","title":"Wednesday Worklaw Alert: New York to Legalize Recreational Marijuana","content":"Last week, the New York legislature reached a deal that, if approved, will legalize recreational marijuana use for adults 21 years of age and older. According to a New York Times article, this deal is “paving the way for a potential $4.2 billion industry that could create tens of thousands of jobs and become one of the largest markets in the country.” The bill could be passed as soon as this week. The deal allows for marijuana to be delivered at home and will also result in the creation of “consumption sites” throughout the state. Additionally, individuals will now be able to cultivate up to six marijuana plants for personal use. According to the article, the tax revenue breakdown will be as follows: “Forty percent of most tax revenues would be reinvested in communities disproportionately affected by the war on drugs; 40 percent would be steered to public education; and the remaining 20 percent would go toward drug treatment, prevention and education.” Lastly, the law will eliminate any criminal penalties for possession of less than three ounces of marijuana and allow for the “automatic expungement” of the criminal records of individuals who were convicted for marijuana-related activities that are no longer illegal.\\nSupport and Opposition \\nMany New Yorkers see this bill as a historic deal that will end racially disproportionate policing and incarceration of Black and Hispanic individuals for low-level cannabis charges. Liz Krueger, a member of the New York State Senate, expressed her enthusiasm for the deal, saying, “When this bill is finally voted on and signed, New York will be able to say we have finally undone damaging criminal justice laws that accomplished nothing but ruining people’s lives.” The proposed bill also includes equity grants that will provide funding to small farmers and disadvantaged individuals who would like to enter the marijuana industry in an attempt to even the playing field. Unsurprisingly, not everyone is pleased about the deal. Other than some Republicans who have been opposed to cannabis legalization, several groups such as law enforcement, physicians, and the state parent teacher association have expressed safety concerns, such as the potential for accidents caused by impaired driving. \\nNew Jersey and New York Marijuana Laws \\n Several other states have recently passed marijuana laws, including New Jersey. The passage of New Jersey recreational marijuana laws combined with the need for additional tax revenue during the pandemic most likely pressured New York state to revisit the issue. There has been further speculation that Governor Cuomo pushed to pass this legislation to distract from his recent political scandal involving multiple accusations of sexual harassment. Some lawmakers took advantage of Cuomo’s eagerness to reach an agreement and pushed for a deal similar to the Marijuana Regulation and Taxation Act, or M.R.T.A., an existing proposal with support from many activists. The first potential New York cannabis sales are still over a year away, as many regulations and policies must first be drafted. Once fully implemented, the program could generate an estimated $350 million in yearly tax revenue. \\nSeek Legal Assistance Today \\nIf you have questions regarding your marijuana rights in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last week, the New York legislature reached a deal that, if approved, will legalize recreational marijuana use for adults 21 years of age and older. According to a New York Times article, this deal is “paving the way for a potential $4.2 billion industry that could create tens of thousands of jobs and become one&hellip;</p>\\n"},{"id":9394,"path":"/blog/eeoc-investigates-facebook-for-systemic-racial-discrimination","slug":"eeoc-investigates-facebook-for-systemic-racial-discrimination","modified":"2021-03-26T14:49:04","title":"EEOC Investigates Facebook for Systemic Racial Discrimination","content":"For the past several months, the Equal Employment Opportunity Commission (EEOC) has been investigating reports of systemic racial bias in hiring and promotions at Facebook. When the EEOC labels a probe as “systemic,” it means that the agency believes that the company’s actions and/or policies may be contributing to widespread discrimination, rather than a few isolated incidents. As a recent Reuters article explains, “agency officials designate a few cases ‘systemic,’ enabling investigators to rope in specialists to analyze company data and potentially bring a broader lawsuit representing entire classes of workers.” These additional resources are usually allocated to systemic investigations, as they can result in multimillion-dollar settlements.\\nFormer employees and rejected job applicants claim that Facebook discriminates against Black employees and applicants by “relying on subjective evaluations and promoting problematic racial stereotypes.” Facebook’s operations program manager, Oscar Veneszee Jr., along with two rejected applicants, brought these charges to the EEOC in July 2020. They were later joined by a third rejected job applicant. Veneszee and the rejected applicants are represented by Peter Romer-Friedman, an attorney at Gupta Wessler. Romer-Friedman stated that one example of systemic bias at Facebook comes in the form of bonuses for referrals. Facebook has a policy that rewards employees up to $5000 if a candidate they refer is hired. Romer-Friedman and his clients claim that this policy disadvantages Black applicants, as the racial makeup of referred employees tends to reflect the makeup of current employees at the company. As of last June, Facebook reported that 3.9% of their employees are Black. \\nFacebook and EEOC Comments \\nAt this point, the investigation is still ongoing and no allegations have formally been brought against Facebook. The investigation may continue for several more months, and the EEOC has not commented on it. Andy Stone, a spokesperson for Facebook, has also not commented specifically on the EEOC investigation. He recently stated, “It is essential to provide all employees with a respectful and safe working environment” and also added, “We take any allegations of discrimination seriously and investigate every case.” \\nDiscrimination in Tech Industry \\nThese allegations against Facebook come on the heels of several accusations of discrimination within the tech industry. Just last month, Google agreed to pay $3.8 million to settle allegations of gender and racial discrimination. Our firm has reported on this incident at Google, as well as other reports of discrimination at Coinbase and Pinterest. As the Reuters article notes, “Increasing racial and gender diversity has been a persistent challenge for the nation’s largest tech companies, which at times have blamed a shortage of qualified candidates from underrepresented groups.” However, recent movements within the tech industry to combat these biases have emboldened many tech workers to speak up about discrimination in the workplace. \\nSeek Legal Assistance Today \\nIf you are experiencing discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n \\n.\\n&nbsp;","excerpt":"<p>For the past several months, the Equal Employment Opportunity Commission (EEOC) has been investigating reports of systemic racial bias in hiring and promotions at Facebook. When the EEOC labels a probe as “systemic,” it means that the agency believes that the company’s actions and/or policies may be contributing to widespread discrimination, rather than a few&hellip;</p>\\n"},{"id":9390,"path":"/blog/free-attorney-consultation-for-victims-of-sexual-harassment","slug":"free-attorney-consultation-for-victims-of-sexual-harassment","modified":"2021-03-25T16:05:00","title":"Free Attorney Consultation for Victims of Sexual Harassment","content":"","excerpt":""},{"id":9386,"path":"/blog/new-york-analyst-alleges-islamophobia-on-wall-street","slug":"new-york-analyst-alleges-islamophobia-on-wall-street","modified":"2021-03-19T10:59:48","title":"New York Analyst Alleges Islamophobia on Wall Street","content":"A former analyst for BlackRock, Inc., the world’s largest asset manager, has alleged discrimination in the workplace. Essma Bengabsia was one of the few hijab-wearing women on the New York trading floor. She now alleges workplace harassment on the basis of her religion, race, and sex. When she first started at BlackRock, Bengabsia described that she “was thrilled to break a glass ceiling and chart into new frontiers on behalf of marginalized and underrepresented communities.” However, she claims this excitement did not last for long after she began to experience discrimination in the workplace. \\nAnalyst Claims Islamophobia on Wall Street\\nBengabsia has alleged several instances of discrimination in her workplace. When she did not wear a Christmas sweater at a holiday office party, a senior investor allegedly said, “Why don’t you just be American for once?” To make matters worse, Bengabsia claims that another supervisor told her that she was not a team player because of her refusal to wear a Christmas sweater. In another instance, Bengabsia claims that a managing director mocked her use of the phrase “Assalamu Alaikum,” an Arabic greeting that means peace be upon you. Finally, Bengabsia alleges that a colleague jeered at her with other employees, saying “Should I do it? Should I touch her? Does it count as sexual harassment if I touch her?”\\nBlackRock Responds to Discrimination Claims\\nBlackRock has responded to Bengabsia’s allegations, saying the firm’s investigation of her claims did not show that the former analyst had been the subject of discrimination and harassment. However, BlackRock’s head of Human Resources also noted that “moments like these underscore the urgency of our broader ambitions on diversity, equity, and inclusion. We know we have much work to do in building a culture of belonging.” \\nAnti-Discrimination Laws in the Workplace\\nThere are federal, state, and city laws that prohibit discrimination in the workplace. Discrimination is illegal when it is based on a “protected class” that is listed in the law. For example, Title VII of the Civil Rights Act of 1964 is a federal law that prohibits workplace discrimination on the basis of race, color, religion, sex (including sexual orientation and gender identity), and national origin. State and city discrimination laws may include more protected categories than federal law. For example, the New York Human Rights Law includes military status and marital status as protected classes as well. Further, the New York City Human Rights Law includes even more protected classes, such as arrest/conviction record, caregiver status, salary history, and status as a victim of domestic violence. \\nSeek Legal Assistance Today \\nIf you have faced discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A former analyst for BlackRock, Inc., the world’s largest asset manager, has alleged discrimination in the workplace. Essma Bengabsia was one of the few hijab-wearing women on the New York trading floor. She now alleges workplace harassment on the basis of her religion, race, and sex. When she first started at BlackRock, Bengabsia described that&hellip;</p>\\n"},{"id":9381,"path":"/blog/nyc-restaurant-waitress-gets-fired-for-hesitating-to-get-covid-vaccine","slug":"nyc-restaurant-waitress-gets-fired-for-hesitating-to-get-covid-vaccine","modified":"2021-03-18T13:37:00","title":"NYC Restaurant Waitress Gets Fired for Hesitating to Get COVID Vaccine","content":"Last month, Bonnie Jacobson, a waitress at Red Hook Tavernin Brooklyn, New York,\\nwas fired for refusing to take the Covid-19 vaccine. In an interview with NBC News, Jacobson shared her hesitations in receiving the vaccine, including inadequate research about “the vaccine, fertility, and pregnancy.” She also stated she was not permanently against getting the vaccine but rather, preferred to wait for more conclusive research on the vaccine’s effects on fertility. According to an article published on 1010 Wins, Jacobson sent an email to management expressing her concerns about the vaccine, including her and her husband’s plans to have kids soon. Despite fears of possibly delaying her life plans, she conceded that “once there is more research to support that it does not affect fertility,” she would “reconsider” her position. Although she received initial support from her manager, the restaurant fired her two days later. \\nResponses to the Restaurant’s Decision to Fire Jacobson \\nThe restaurant owner, Billy Durney, released a statement soon after, stating that the restaurant “made a decision that would best protect everyone” without mentioning any regrets on firing Jacobson. An employment attorney spoke out on the matter saying that employers in New York can legally fire workers who decline the vaccine. After the U.S. The Food and Drug Administration issued an emergency use authorization of the Covid-19 vaccines in December, states have outlined their strategies for phased vaccine distributions based on age, health conditions, and other factors. Since then, employers have reserved the right to require vaccination of their employees, with exceptions only for concerns regarding disabilities and/or religious beliefs. \\nFederal Laws on How Employers Can Mandate COVID-19 Vaccine Requirements\\nMentioned in our firm’s previous blog, employers have legal grounds to fire workers who refuse to get the Covid-19 vaccine unless they are protected by the Americans with Disabilities Act (ADA) or have previously held religious beliefs that prohibit vaccinations (under Title VII of the Civil Rights Act). However, employers cannot immediately fire their workers for rejecting the vaccine without following steps from the U.S. Equal Opportunity Employment Commission (EEOC)’s guidance that employers must provide “reasonable accommodations” or must show proof that an employee who refuses vaccination poses “a significant risk of substantial harm to the health or safety of the individual or others” in the workplace. \\n Seek Legal Assistance Today \\nIf your employer has failed to provide reasonable accommodations during the Covid-19 pandemic, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, Bonnie Jacobson, a waitress at Red Hook Tavernin Brooklyn, New York, was fired for refusing to take the Covid-19 vaccine. In an interview with NBC News, Jacobson shared her hesitations in receiving the vaccine, including inadequate research about “the vaccine, fertility, and pregnancy.” She also stated she was not permanently against getting the&hellip;</p>\\n"},{"id":9377,"path":"/blog/wednesday-worklaw-alert-new-nj-recreational-marijuana-law-provides-new-employment-protections","slug":"wednesday-worklaw-alert-new-nj-recreational-marijuana-law-provides-new-employment-protections","modified":"2021-03-17T11:12:00","title":"Wednesday Worklaw Alert: New NJ Recreational Marijuana Law Provides New Employment Protections","content":"Last month, the governor of New Jersey passed A21, the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (NJCREAMMA). According to a JD Supra article, this act is “enabling legislation for the amendment to the New Jersey Constitution making lawful the recreational use of marijuana in the state.” Our firm’s previous blog on the topic explains more about the interplay between state and local marijuana laws. Despite the passage of this new law, there are still regulations regarding the use and presence of marijuana in the workplace. For example, the law stipulates that employers can choose to maintain a drug-free workplace and are not required to accommodate “the use, possession, sale, or transfer of marijuana in the workplace.” Employers can also require that employees are not impaired by drugs in the workplace, even if employees used drugs before entering the workplace. \\nNew Employment Protections for Marijuana Use \\nSo what new employment protections does the law provide? Firstly, an employer cannot refuse to hire or take adverse action against an employee based solely on his or her marijuana use or a positive test result for marijuana metabolites. Additionally, the act imposes new limitations on drug testing. While there are several types of permissible testing, such as post-offer and pre-employment, reasonable suspicion of use or impairment at work, post-accident, and random drug tests, A21 significantly hinders employers’ ability to use those test results in making employment decisions. Essentially, an employer must have both a positive test result and reasonable suspicion of impairment in order to make an employment decision. The law also requires that a drug test include both a physical evaluation conducted by a certified individual and “scientifically reliable objective testing methods and procedures, such as testing of blood, urine, or saliva.” \\nPre-Employment Marijuana Testing \\nWhat about pre-employment testing? As previously mentioned, A21 stipulates that a positive pre-employment drug test cannot serve as the only reason a job offer is revoked. The JD Supra article states that, given this provision, “Employers arguably could continue doing the tests, but probably can revoke the offer if an employee admits that they will continue using marijuana such that they are impaired at work.” Additionally, if an employee or potential employee tests positive, the Jake Honig Compassionate Use Medical Cannabis Act states that the employer must provide the individual with a written notice of the right to explain the positive test result. At this point, the individual has three days to provide proof of medical authorization to use marijuana or to request a retest of the original sample. Lastly, employers are prohibited from asking about or making an employment decision based on a previous arrest or conviction related to marijuana use or possession. \\nConcerns About A21 \\nMany have pointed out that this new law severely restricts employers’ ability to create a drug-free workplace and might also present a safety hazard in certain sectors. In response to this, the National Safety Council has recommended a zero-tolerance policy for marijuana use in safety-sensitive positions due to potential declines in judgement and motor skills after marijuana use. \\nSeek Legal Assistance Today\\nIf your New Jersey employer has taken adverse action against you due to your marijuana use, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, the governor of New Jersey passed A21, the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (NJCREAMMA). According to a JD Supra article, this act is “enabling legislation for the amendment to the New Jersey Constitution making lawful the recreational use of marijuana in the state.” Our firm’s previous blog on&hellip;</p>\\n"},{"id":9373,"path":"/blog/free-independent-contractor-consultation-2","slug":"free-independent-contractor-consultation-2","modified":"2021-03-15T13:47:55","title":"Free Independent Contractor Consultation","content":"","excerpt":""},{"id":9368,"path":"/blog/wednesday-worklaw-alert-unemployment-aid-may-come-soon","slug":"wednesday-worklaw-alert-unemployment-aid-may-come-soon","modified":"2021-03-10T10:57:43","title":"Wednesday Worklaw Alert: Unemployment Aid May Come Soon","content":"The Senate recently passed a $1.9 trillion pandemic relief package brought forth by Democrats. The bill passed 50-49 after an overnight voting session and will now head to the House for final passage. Democrats say this bill is part of their “America Rescue Plan” and will help get Americans and the economy back on track. Many Republicans have criticized the bill, saying it is much more expensive than necessary. They have also pointed to previous legislation passed since the pandemic began that totals about $4 trillion in spending. The new bill provides relief in many areas, including aid to schools and money to state and local governments. Our firm will explain the unemployment benefits the bill will provide if passed. \\nUnemployment Relief Provided in the Bill \\nFirstly, the bill will extend the weekly $300 unemployment benefits until September 6, 2021. This amount is in addition to whatever beneficiaries are receiving through their state unemployment program. It will also provide a tax break on $10,000 in unemployment benefits. Additionally, the bill provides a 100% subsidy of COBRA health insurance premiums. This subsidy means that laid off employees can remain on their employer’s health coverage plan until September. The bill includes $1,400 stimulus checks for single taxpayers or $2,800 for married couples that file jointly. The package will also provide $350 billion to state and local governments, as well as significant relief to schools, colleges, restaurants, and bars struggling due to the pandemic. According to a Washington Post article, an amendment to the bill, proposed by Bernie Sanders, to raise the minimum wage to $15 an hour did not pass.\\nCurrent Benefits in New York \\nIn addition to new federal laws, New York state unemployment laws have changed during the pandemic. New York has waived the seven day waiting period for benefits for those out of work due to Covid or quarantine. On March 27, 2020, a new law was passed in New York to provide additional unemployment benefits to workers impacted by the pandemic. The first part of the law, Pandemic Unemployment Assistance (PAU), extends unemployment eligibility to those who were previously ineligible, such as independent contractors. The next part, Pandemic Unemployment Compensation, provided additional payments of $600 per week from 4/5/2020 to 7/26/2020 and provides $300 a week from 1/3/2021 to 3/14/2021. Lastly, the Pandemic Emergency Unemployment Compensation provides an additional 24 weeks of benefits beyond the 26 weeks already provided by the state. This law expires on March 14, 2021, which is why a new bill is being proposed. The New York state unemployment website provides more details about who qualifies for unemployment and how you can apply. \\nSeek Legal Assistance Today \\nIf you have questions about unemployment benefits during the pandemic, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Senate recently passed a $1.9 trillion pandemic relief package brought forth by Democrats. The bill passed 50-49 after an overnight voting session and will now head to the House for final passage. Democrats say this bill is part of their “America Rescue Plan” and will help get Americans and the economy back on track.&hellip;</p>\\n"},{"id":9358,"path":"/blog/buckingham-palace-investigates-meghan-markle-after-employees-allege-bullying-in-the-workplace","slug":"buckingham-palace-investigates-meghan-markle-after-employees-allege-bullying-in-the-workplace","modified":"2021-03-05T15:34:10","title":"Buckingham Palace Investigates Meghan Markle After Employees Allege Bullying in the Workplace","content":"Buckingham Palace announced this week that it will conduct an investigation into allegations of bullying in its workplace. Employees of the British royal family claim that Meghan Markle, the Duchess of Sussex and wife of Prince Harry, bullied royal staff in 2018. The palace stated that it does not and will not tolerate bullying or harassment and is “very concerned about the allegations.\\nPalace Employees Accuse Meghan Markle of Bullying\\nA former Palace communications officer released an email complaint in The Times. Two personal assistants claimed Markle drove them out of their jobs after bullying them in the workplace. These two aids allegedly felt “terrified” and “broken” due to Markle’s “emotional cruelty.” Additionally, the report claims that Markle undermined the confidence of a third staff member. Palace staff allegedly were left wondering whether the Palace’s “Dignity at Work Policy” even applied to members of the royal family. These serious allegations of bullying run contrary to Markle’s public image; for example, her foundation specifically gives instructions on how people should act compassionately towards women. \\nMeghan Markle and Prince Harry Respond to Allegations of Bullying\\nA spokesperson for Markle and Prince Harry said that Markle is saddened by this latest attack on her character, particularly as someone who has been the target of bullying herself and is deeply committed to supporting those who have experienced pain and trauma. Some sources have pointed out the suspicious timing of these allegations. Although the alleged bullying took place in 2018, this report went public just days before Markle and Prince Harry’s upcoming interview with Oprah Winfrey. People expect this highly anticipated interview to uncover more details about why the Duke and Duchess of Sussex left their royal duties. In a released clip from the interview, Markle states that the monarchy is “perpetuating falsehoods” about her and her husband. However, as Buckingham Palace conducts this bullying investigation, time will tell if there is merit to these employees’ allegations. \\nWhat the Law Says About Bullying in the Workplace\\nIf legal action is taken against Meghan Markle, she would be subject to the laws of the United Kingdom on bullying in the workplace. However, the United States has similar laws that prevent harassment in the workplace. For example, New York State Law does not require harassment to be “severe or pervasive” in order for it to be illegal. However, workplace harassment does need to be on the basis of a protected class in order to be illegal, such as harassment based on race, religion, sex, disability, age, national origin, sexual orientation, or another protected characteristic. \\nSeek Legal Assistance Today \\nIf you have faced bullying or harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>&nbsp; Buckingham Palace announced this week that it will conduct an investigation into allegations of bullying in its workplace. Employees of the British royal family claim that Meghan Markle, the Duchess of Sussex and wife of Prince Harry, bullied royal staff in 2018. The palace stated that it &#8220;does not and will not tolerate bullying&hellip;</p>\\n"},{"id":9354,"path":"/blog/wednesday-worklaw-alert-five-reasons-why-employees-should-never-trash-colleagues-over-text-or-email","slug":"wednesday-worklaw-alert-five-reasons-why-employees-should-never-trash-colleagues-over-text-or-email","modified":"2021-03-03T23:10:32","title":"Wednesday Worklaw Alert: Five Reasons Why Employees Should Never Trash Colleagues Over Text or Email","content":"It’s never a good idea to talk poorly about your friends or colleagues, but one should never do so over text or email in the workplace. There have been several instances in which employees have faced disciplinary action for unprofessionalism in the workplace based on comments shared over text or email. Here are five reasons why our firm urges all employees to avoid making rude or derogatory comments over text or email. \\nIt’s rude and unprofessional. \\nThis goes without saying; speaking poorly about your colleagues is not right and is certainly bad for the company. Even if others agree with your words about a colleague, these same people will no longer trust you, as you have demonstrated that you are willing to degrade others in the workplace.\\nIn today’s technological age, texts and emails never really go away.\\nAs we all know, emails, texts, screenshots, images, and a host of other digital content can resurface years after they were created or posted. Derogatory comments that you make about a colleague may reemerge during a lawsuit, even if the suit does not involve you. Oftentimes, internal attorneys are hired to investigate workplace misconduct. Internal corporate counsel is then required to implement a broad “litigation hold.” This hold means that all employees must suspend any automatic deletions of email or texts, including those negative comments you made about your colleagues.\\nInstant karma. \\nIn our firm’s experience, what goes around comes around. Most employees who disparage others exhaust their anger or discontent and end up isolated and resented in the workplace. This result is not good for company culture or for the individual’s personal career. In fact, employees who disparage others are often first to go in a layoff or termination. \\nIf the correspondence is offensive enough, you could be individually sued under certain circumstances. \\nTexts or emails that are sexist or racist can create a hostile work environment under federal, state, and city anti-discrimination laws. These statutes allow for individual liability, which means an employee can be named individually in the lawsuit. If this liability occurs, your employer may choose not to indemnify you, meaning they will not pay for your lawyer or for legal damages that you would have to pay if you lost the lawsuit. \\nYou could be denied unemployment. \\nLastly, you could be denied unemployment. If your employer becomes aware of your disparaging comments and terminates you, the texts and/or emails could be considered “misconduct” under most states’ unemployment eligibility criteria. This misconduct could make you ineligible to collect unemployment benefits.\\nSeek Legal Assistance Today \\nIf you have questions about a workplace incident, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>It’s never a good idea to talk poorly about your friends or colleagues, but one should never do so over text or email in the workplace. There have been several instances in which employees have faced disciplinary action for unprofessionalism in the workplace based on comments shared over text or email. Here are five reasons&hellip;</p>\\n"},{"id":9349,"path":"/blog/sexual-harassment-and-the-new-york-mets-ryan-ellis","slug":"sexual-harassment-and-the-new-york-mets-ryan-ellis","modified":"2021-03-01T07:39:50","title":"Sexual Harassment and the New York Mets: Ryan Ellis","content":"On January 22, 2021, the New York Mets quietly dismissed their hitting performance coordinator, Ryan Ellis, due to sexual harassment allegations. Ellis’s dismissal followed the firing of Jared Porter, the general manager of the Mets, on January 19th because Porter admitted to sending inappropriate text messages to a reporter while working for the Cubs, as well as overall inappropriate behavior. The Mets sexual harassment saga continued when Mickey Calloway, the former manager of the Mets, was dismissed due to allegations from 5 different women.\\n \\nEllis was promoted from his minor league position last season after the former major league hitting coordinator, Chili Davis, opted out of the position because of coronavirus concerns. Ellis’s first accuser came forward in 2018, and her allegations ultimately “lacked the proof” to incriminate Ellis. Two other women came forward shortly afterwards, and Ellis was put on probation and attended mandatory counseling. The Athletic reported that the accusers detailed their interactions with Ellis, specifically citing inappropriate language such as, “I stare at your ass all the time” and that he desired “to put her up against a wall.” The Mets claim that, only after firing Porter, new information about Ellis came to light. The NY Times talked to Rojas, the current manager of the Mets, who said, “It’s been disappointing. I’m sorry to see it from afar. When you see reports of this news, it’s upsetting.”\\nWhy did it take so long for victims of Ryan Ellis to receive justice?\\nEven though each victim had enough evidence on her own, they failed to unite against Ryan Ellis. Since they did not prepare their claims fully and simultaneously, punishment in a timely manner was harder to obtain. When a sexual harassment claim is filed, the company usually performs an internal investigation. Too often these investigations are biased because the company wishes to save face. Biased investigations ultimately end with the perpetrator getting a slap on the wrist, especially if there’s not substantial evidence against the accused. \\nSo, how do you get a sexual harasser fired in a timely manner? \\nFirst, once you are ready, you must find the courage and confidence to tell your story. Our firm knows that sexual harassment is difficult to talk about. People might even call you a liar, but you must have the will to come forward, especially if you want to ensure that harassment is not continued or tolerated in your workplace.\\nNext, you should keep a journal. Write down absolutely any inappropriate behavior that could be used against the perpetrator. The journal should not be kept on your work computer. The journal should also include dates, times, and any other details that would make it difficult for someone else to twist the story. You should also take screenshots of any harassing interactions over social media, email, or other work communication channels to back up your claims. \\nFinally, talk to other suspected victims and see if the harasser repeated the inappropriate behaviour towards anyone else. Like the Mets example, sexual harassers are seldom one-time offenders. There is strength in numbers. When you align yourself with other victims, the pool of evidence against the perpetrator becomes larger and more convincing. \\nWith the backing of your colleagues and the details from your journal, you will have the harasser backed into a corner. He or she might feel like the only way to get out of this corner unscathed is to lie, predicting it will be a “he said she said.” However, since you prepared for this challenging moment, you will have the evidence to catch him or her in that lie and see just punishment for such heinous behavior. \\nSeek Legal Assistance Today \\nIf you have faced sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>On January 22, 2021, the New York Mets quietly dismissed their hitting performance coordinator, Ryan Ellis, due to sexual harassment allegations. Ellis’s dismissal followed the firing of Jared Porter, the general manager of the Mets, on January 19th because Porter admitted to sending inappropriate text messages to a reporter while working for the Cubs, as&hellip;</p>\\n"},{"id":9346,"path":"/blog/free-overtime-pay-consultation","slug":"free-overtime-pay-consultation","modified":"2021-02-25T20:00:26","title":"Free Overtime Pay Consultation","content":"","excerpt":""},{"id":9340,"path":"/blog/new-york-state-attorney-general-files-lawsuit-against-amazon-for-improper-employee-treatment-during-the-pandemic","slug":"new-york-state-attorney-general-files-lawsuit-against-amazon-for-improper-employee-treatment-during-the-pandemic","modified":"2021-02-25T14:17:05","title":"New York State Attorney General Files Lawsuit Against Amazon for Improper Employee Treatment During the Pandemic","content":"Earlier this week, New York’s attorney general filed a lawsuit against the world’s largest online retailer, Amazon Inc., for mishandling worker safety during the Covid-19 pandemic. This lawsuit is not the first time Amazon has faced criticism for not providing a safe working environment for its employees. In 2020, workers filed several complaints against the company, including a petition signed by 600 employees that urged the online retailer giant to improve working conditions. Attorney general, Letitia James, filed the complaint in the state Supreme Court asserting that Amazon has “repeatedly and persistently failed to comply with its obligation to institute reasonable and adequate measures” to prevent the spread of the virus in its New York City facilities. The Complaint further alleged that Amazon does not comply with “cleaning and disinfection requirements” and is overall “deficient” in its response to the pandemic. \\nThe Allegations Included in the Lawsuit \\nAccording to the Wall Street Journal, Ms. James started an investigation to monitor Amazon’s labor practices last year after learning about the firing of Christian Smalls. Smalls worked at the Staten Island facility and participated in a walkout with a group of employees to fight for better protections and pay. Shortly after, Smalls was let go from the company for not adhering to social distancing guidelines. Smalls, along with other workers, filed a lawsuit for wrongful termination. In the wake of the pandemic, Amazon has benefited from a surplus of sales and profit as a result of many individuals quarantining at home. Ms. James referred to this exponential economic growth in her complaint as one that came at the “expense of the lives, health, and safety of its frontline workers. A spokesperson for Amazon responded to the allegations, saying that the company “deeply cares” about the safety of their workers and has spent around “$11.5 billion” for Covid related expenses. \\nCoronavirus Has Caused Many Changes in the Workplace \\nAmazon currently faces scrutiny for how it treats workers across the United States, including its warehouses in Alabama, Connecticut, and California. The threat of the virus has forced many employers to implement safety measures beginning in March of 2020. Several state and federal laws have been put in place to address health concerns and ensure that employees are working in a secure work environment. The Governor of New York state has listed a set of laws through the Department of Labor that employers must follow, including “taking proper safety and health precautions” and preventing employers from threatening or firing their workers for Covid-related reasons. \\nSeek Legal Assistance Today \\nIf your employer has not provided a safe workplace during the coronavirus pandemic, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Earlier this week, New York’s attorney general filed a lawsuit against the world’s largest online retailer, Amazon Inc., for mishandling worker safety during the Covid-19 pandemic. This lawsuit is not the first time Amazon has faced criticism for not providing a safe working environment for its employees. In 2020, workers filed several complaints against the&hellip;</p>\\n"},{"id":9336,"path":"/blog/wednesday-worklaw-alert-amazon-under-fire-for-stealing-drivers-tips-will-pay-workers-61-7-million","slug":"wednesday-worklaw-alert-amazon-under-fire-for-stealing-drivers-tips-will-pay-workers-61-7-million","modified":"2021-02-24T19:18:04","title":"Wednesday Worklaw Alert: Amazon Under Fire for Stealing Drivers’ Tips, Will Pay Workers $61.7 Million","content":"Earlier this month, the Federal Trade Commission (FTC) announced that Amazon will pay $61.7 million to settle allegations that the company stole Amazon Flex drivers’ tips for two and a half years. The FTC says this number represents the amount of tip money that Amazon did not give to drivers until the company became aware of the FTC investigation in 2019. FTC Commissioner Rohit Chopra said, Today, the FTC is sanctioning Amazon.com for expanding its business empire by cheating its workers. Amazon stole nearly one-third of drivers’ tips to pad its own bottom line. Flex drivers are independent contractors, meaning they are not employees of the company and do not receive overtime pay, sick pay, or healthcare benefits. The Flex driver program began in 2016, and Amazon promised that drivers would receive 100% of the tips they earned plus an hourly rate of $18-25. \\nHowever, according to the FTC complaint, Amazon strayed from these promises and “quietly” began cutting drivers’ tips. Chopra said, This theft did not go unnoticed by Amazon’s drivers, many of whom expressed anger and confusion to the company. But, rather than coming clean, Amazon took elaborate steps to mislead its drivers and conceal its theft, sending them canned responses that repeated the company’s lies. The FTC complaint states that when drivers complained about their tips being taken, they received vague email responses from the company that simply claimed Amazon was providing them with 100% of their tips. However, the complaint alleges these responses changed when Amazon became aware of the FTC investigation in 2019. At that point, the company began to provide a breakdown of pay and tips in the emails. \\nAmazon Response \\nAmazon released a statement denying that the way in which they broke down tips and/or pay was confusing or unclear to drivers. Deborah Bass, spokesperson for the company, said, “While we disagree that the historical way we reported pay to drivers was unclear, we added additional clarity in 2019 and are pleased to put this matter behind us. Flex delivery partners play an important role in serving customers every day, which is why they earn among the best in the industry at over $25 per hour on average.” According to a Vice article, in addition to paying the $61.7 million settlement, Amazon is now required to be more transparent about drivers’ expected pay and the amount of tips that they will receive. Other tech companies like DoorDash and Instacart have also come under scrutiny for their tipping policies. Therefore, workers in tech companies should keep careful track of their tipped wages.\\nSeek Legal Assistance Today \\nIf you have not been paid your rightfully earned wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Earlier this month, the Federal Trade Commission (FTC) announced that Amazon will pay $61.7 million to settle allegations that the company stole Amazon Flex drivers’ tips for two and a half years. The FTC says this number represents the amount of tip money that Amazon did not give to drivers until the company became aware&hellip;</p>\\n"},{"id":9328,"path":"/blog/study-shows-paid-maternity-leave-leads-to-long-term-health-benefits","slug":"study-shows-paid-maternity-leave-leads-to-long-term-health-benefits","modified":"2021-02-20T20:37:37","title":"Study Shows Paid Maternity Leave Leads to Long-Term Health Benefits","content":"A new study in the American Economic Journal of Economic Policy concluded that working mothers who took paid maternity leave had better long-term health outcomes compared to women who did not have paid maternity leave. Researchers studied pregnant workers in Norway both before and after paid maternity leave became the law of the land in 1977. The study found that women who gave birth after 1977 had better health outcomes in middle age than women who did not have paid maternity leave. \\nHealth Benefits of Paid Maternity Leave\\nResearchers found that women who had paid maternity leave earlier in life were healthier far later in life. By the time they reached age 40, women who had the maternity leave earlier in life had 2.5%-3.5% lower BMIs, a 10% lower chance of high blood pressure, and were 14%-20% more likely to regularly exercise. Researchers concluded that a number of factors could explain the improved health outcomes for women who took maternity leave. One researcher, Meghan Skira, explained “that a reduction in stress, more time to recover from childbirth, and perhaps breastfeeding played a role” in the superior health outcomes after maternity leave. Importantly, the largest health benefits were seen in low-income mothers who could not have afforded to take time off work without the paid maternity leave law. Do you think this study should influence American policy on maternity leave?\\nMaternity Leave Law in New York\\nEligible working mothers in New York State have access to paid time off from work to bond with their newborns or newly adopted children. New York’s maternity leave benefits may be used within 12 months of your child’s birth or adoption. Generally, you must notify your employer at least 30 days before you start your leave. Starting in 2021, New York increased the amount of paid maternity leave to 12 weeks. If your employer has denied you maternity leave in New York and you think you are eligible, you should speak to an expert employment attorney. \\nPregnancy Discrimination Law In New York\\nNew York State Law also prohibits employers from discriminating against pregnant workers. Covered New York employers may not refuse to hire a worker because she is pregnant and might take maternity leave in the future. Additionally, if you take maternity leave in New York, your employer “must hold your job for you as long as they do for employees who take leave for other reasons.” If you have experienced pregnancy discrimination in the workplace, you should speak to an expert employment attorney. \\nSeek Legal Assistance Today \\nIf you have been denied maternity leave in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A new study in the American Economic Journal of Economic Policy concluded that working mothers who took paid maternity leave had better long-term health outcomes compared to women who did not have paid maternity leave. Researchers studied pregnant workers in Norway both before and after paid maternity leave became the law of the land in&hellip;</p>\\n"},{"id":9324,"path":"/blog/wednesday-worklaw-alert-google-will-pay-3-8-million-in-gender-racial-discrimination-settlement","slug":"wednesday-worklaw-alert-google-will-pay-3-8-million-in-gender-racial-discrimination-settlement","modified":"2021-02-17T11:36:26","title":"Wednesday Worklaw Alert: Google Will Pay $3.8 Million in Gender/Racial Discrimination Settlement","content":"In the past few years, the Department of Labor (DOL) launched an investigation into pay disparities affecting female and Asian employees working at Google. The agency found that these disparities impacted software engineering employees working in Mountain View, California; Seattle, Washington; and Kirkland, Washington. The investigators discovered the pay gap during a routine compliance evaluation. Additionally, the DOL identified hiring differences that disadvantaged female and Asian applicants for software engineering employees in specific locations. As a result of the DOL case against them, Google has agreed to pay over $3.8 million to settle allegations of systemic gender and race discrimination with respect to pay and hiring. Over 5,500 employees will receive payments from the settlement. \\nAccording to a recent ABC News article, the breakdown for the settlement is as follows: “more than $1.3 million will go toward back pay, with interest, to 2,565 female employees in engineering positions who were allegedly subjected to pay discrimination, while over $1.2 million will be set aside for 1,757 women and 1,219 Asian applicants for software engineering positions who werent hired.” In addition to the back pay, Google will set aside $1.25 million for “pay-equity adjustments” over the next five years. These adjustments will affect engineers in Mountain View, Kirkland, and New York City. \\nStatements from Google and DOL \\nThe program director for the Office of Federal Contract Compliance (OFCCP), a part of the DOL, said, Pay discrimination remains a systemic problem. Employers must conduct regular pay equity audits to ensure that their compensation systems promote equal opportunity. Despite agreeing to the settlement, Google denied any sort of noncompliance with laws or regulations. A spokesperson for the company said that Google was pleased to resolve the matter and has launched an investigation into pay disparities in recent years. We believe everyone should be paid based upon the work they do, not who they are, and invest heavily to make our hiring and compensation processes fair and unbiased, the spokesperson said. \\nPay Discrimination Laws in New York\\nAlthough Google faced a federal pay discrimination investigation, individual states also have their own pay discrimination laws that employers must follow. For example, New York’s state law prohibits employers from engaging in wage discrimination on the basis of sex. Additionally, employers may not prohibit employees from discussing wages with each other. If you talk to your coworkers and suspect your employer is engaging in wage discrimination, you should speak to an expert employment attorney. \\nSeek Legal Assistance Today \\nOur firm is dedicated to assisting anyone experiencing gender and/or racial discrimination in the workplace. If you are experiencing discrimination, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In the past few years, the Department of Labor (DOL) launched an investigation into pay disparities affecting female and Asian employees working at Google. The agency found that these disparities impacted software engineering employees working in Mountain View, California; Seattle, Washington; and Kirkland, Washington. The investigators discovered the pay gap during a routine compliance evaluation.&hellip;</p>\\n"},{"id":9320,"path":"/blog/free-pregnancy-discrimination-consultation","slug":"free-pregnancy-discrimination-consultation","modified":"2021-02-15T16:48:46","title":"Free Pregnancy Discrimination Consultation","content":"","excerpt":""},{"id":9289,"path":"/blog/wednesday-worklaw-alert-instacart-fires-workers-who-voted-to-unionize","slug":"wednesday-worklaw-alert-instacart-fires-workers-who-voted-to-unionize","modified":"2021-02-10T15:05:36","title":"Wednesday Worklaw Alert: Instacart Fires Workers Who Voted to Unionize","content":"Instacart has terminated ten employees working at a grocery store in Illinois who voted to form the first and only union for the grocery delivery company in early 2020. The workers unionized with The United Food and Commercial Workers (UFCW) Local 1546. The news of their termination was “buried” in a blog post the company published in January about introducing new curbside pickup models. The blog also informed readers about further layoffs of in-store shoppers. According to the UFCW, Instacart plans to fire 2,000 of its 10,000 workers and offer only $250 of severance pay. Marc Perrone, president of UFCW International, stated that, “Instacart firing the only unionized workers at the company and destroying the jobs of nearly 2,000 dedicated frontline workers in the middle of this public health crisis, is simply wrong.” \\nThe company has not commented on how many more workers will be terminated. A spokesperson for Instacart said, “We know this is an incredibly challenging time for many as we move through the COVID-19 crisis, and we’re doing everything we can to support in-store shoppers through this transition.” These layoffs come at a time in which the company has been quickly expanding due to an increased demand for grocery delivery services during the pandemic. CNBC reported that the company is estimated to be valued at about $30 billion. \\nAnti-Union Activity at Instacart \\nThe company has a history of anti-union activity. According to a recent Motherboard article, Instacart “ran a union-busting campaign, circulating anti-union literature and memos intended to convince workers to vote down the union” in 2020. Before they were terminated, union workers were in the process of negotiating their first collective bargaining contract, in which they had hoped to secure healthcare insurance and vacation time. Some of their other goals were to set a higher standard for workplace conditions and to have more say in their schedules and work pace. One of the terminated union members said, These layoffs are totally discouraging for any gig workers who are trying to do something to make these jobs better.” \\nThese layoffs also serve to discourage other Instacart workers across the country from attempting to unionize. The company mentioned that it will assist laid off workers in finding jobs at other grocery stores or in gig positions at Instacart. However, as Motherboard reports, this move is clearly strategic.“By laying off in-store shoppers who are employees who are eligible to unionize and transitioning them into non-union eligible gig workers roles, Instacart is also making it more difficult for its workforce to unionize,” the article states. \\nSeek Legal Assistance Today \\nIf your employer is interfering with your workplace rights, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Instacart has terminated ten employees working at a grocery store in Illinois who voted to form the first and only union for the grocery delivery company in early 2020. The workers unionized with The United Food and Commercial Workers (UFCW) Local 1546. The news of their termination was “buried” in a blog post the company&hellip;</p>\\n"},{"id":9283,"path":"/blog/is-on-campus-hiring-age-discrimination-pricewaterhousecoopers-settles-suit-for-11-6-million","slug":"is-on-campus-hiring-age-discrimination-pricewaterhousecoopers-settles-suit-for-11-6-million","modified":"2021-02-05T13:22:19","title":"Is On-Campus Hiring Age Discrimination? PricewaterhouseCoopers Settles Suit for $11.6 Million","content":"PricewaterhouseCoopers, a large accounting firm, reached a nearly $12 million settlement deal last month over age discrimination allegations. The lawsuit began when Steven Rabin, who was 50 years old, claimed he was wrongly denied a job because of his age. In March 2019, a federal judge conditionally certified a collective action of roughly 5,000 other individuals who also allegedly experienced age discrimination. After this certification, the parties began settlement negotiations and eventually reached a deal worth $11.6 million. \\nIs On-Campus Hiring Age Discrimination?\\nThe attorneys for Rabin and the collective advanced a number of age discrimination theories. Firstly, Rabin himself claimed he was wrongfully denied a job based on his age due to his relevant work experience. However, Rabin’s attorneys had additional theories regarding the roughly 5,000 individuals in the collective action. Firstly, they pointed to the “stunningly low” number of older employees in entry, lower, and mid-level positions. Additionally, they claimed that PricewaterhouseCoopers mostly hired through on-campus college recruitment. The attorneys argued that, without advertising jobs publicly, older workers would rarely be able to apply for these positions. Although the ultimate settlement deal included no admission of liability, PricewaterhouseCoopers agreed to alter its hiring process to avoid age bias in the future. \\nHow Age Discrimination Laws Protect Workers\\nThere are federal, state, and city laws that protect older workers from age discrimination. Federally, the Age Discrimination in Employment Act (ADEA) prohibits age discrimination against employees age 40 or older. States may have additional anti-discrimination laws that provide even more worker protections than the ADEA. For example, the New York State Human Rights Act prohibits age discrimination against all employees over the age of 18. As of February 2020, the New York State law also applies to all employers, regardless of size. Finally, some city laws, like the New York City Human Rights Act, provide even more worker protections. For example, as of January 2020, the New York City law also protects independent contractors from age discrimination in the workplace. \\nIs Age Discrimination at Work Becoming more Common?\\nAs of 2017, more than 6 in 10 employees over the age of 45 say they have experienced or witnessed age discrimination in the workplace. Additionally, experiences of age discrimination have correlated with racial differences. For example, 77% of black employees, 61% of hispanic employees, and 59% of white employees have experienced or witnessed age discrimination in the workplace. Given that the CDC has warned that older people are at higher risk during the pandemic, the EEOC has agreed that employers ought to maximize workplace flexibility for older workers. \\nSeek Legal Assistance Today \\nIf you have experienced age discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>&nbsp; PricewaterhouseCoopers, a large accounting firm, reached a nearly $12 million settlement deal last month over age discrimination allegations. The lawsuit began when Steven Rabin, who was 50 years old, claimed he was wrongly denied a job because of his age. In March 2019, a federal judge conditionally certified a collective action of roughly 5,000&hellip;</p>\\n"},{"id":9277,"path":"/blog/new-employment-law-alert-people-can-refuse-to-work-and-still-qualify-for-unemployment-benefits","slug":"new-employment-law-alert-people-can-refuse-to-work-and-still-qualify-for-unemployment-benefits","modified":"2021-02-04T14:25:06","title":"New Employment Law Alert: People Can Refuse to Work and Still Qualify for Unemployment Benefits","content":"In the wake of the Covid-19 pandemic, employers have implemented a series of workplace changes mostly in concern of safety. Many employers have instituted a number of health safety measures such as social distancing, intense and more frequent cleaning, and mask-wearing for\\ntheir employees. These measures have followed the guidelines mandated by the Occupational Safety and Health Administration (OSHA). To further emphasize the importance of safety during this time, President Joe Biden signed several executive orders last week, including one directed to the Department of Labor about giving unemployment insurance to people who refuse to work because of health and safety risks. He signed this new order with the intent that “no American has to choose between paying their bills and keeping themselves and their families safe from Covid-19.”\\nExplaining Bidens New Order for Unemployment Benefits \\nAccording to CNBC, workers generally cannot refuse “suitable work that matches [their) skill set and pays a similar rate” during precedented times. However, the health and safety risks of the pandemic have changed what acceptable work looks like specifically for those who are at high risk due to age or have underlying health conditions. Under the previous administration, employers were given more control and authority to determine the expectations for a safe work environment, whereas, the current president has made this a “national standard”. This new order clarifies that workers still have to present a valid reason for refusing to work in order to still qualify for unemployment insurance. For instance, if an employee has approached their employer about enforcing a safety protocol and they decline to do so, the worker has the right to leave and still receive benefits. \\nAre Employees Are Protected by the Law for Expressing Their Employment Issues? \\nAdditionally, workers reserve the right to voice their concerns about safety under the National Labor Relations Act’s (NLRA) law against unlawful interference of concerted activity. Mentioned in our firm’s previous blog, “concerted” activity is defined as two or more people acting together “for the purpose of collective bargaining or other mutual aid or protection.” According to section 7 of the NLRA, all covered employees may act collectively to address safety problems in the workplace without having to be a part of a union or fear of retaliation. Overall, the pandemic has led to many changes and reforms, particularly in the workplace. This new executive order further protects employees from being forced to keep jobs where they feel unsafe. \\nSeek Legal Assistance Today \\nIf your employer has not provided a safe workplace during the coronavirus pandemic, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In the wake of the Covid-19 pandemic, employers have implemented a series of workplace changes mostly in concern of safety. Many employers have instituted a number of health safety measures such as social distancing, intense and more frequent cleaning, and mask-wearing for their employees. These measures have followed the guidelines mandated by the Occupational Safety&hellip;</p>\\n"},{"id":9273,"path":"/blog/wednesday-worklaw-alert-google-employees-make-history-by-defying-tech-industry-norms-and-unionizing","slug":"wednesday-worklaw-alert-google-employees-make-history-by-defying-tech-industry-norms-and-unionizing","modified":"2021-02-03T15:10:19","title":"Wednesday Worklaw Alert: Google Employees Make History by Defying Tech Industry Norms and Unionizing","content":"In early January, years of activism and hard work paid off when over 400 engineers and workers at Google formed the Alphabet Workers Union, the first union at the company and one of the only unions in the tech industry. It is extremely rare for tech workers to unionize, as most Silicon Valley companies have resisted white-collar workers’ efforts to organize. The new union is associated with Communications Workers of America (C.W.A.), the largest communications and media labor union in the U.S. Google’s union was organized in secret over the past year, and the unions leadership was formally elected in December. Most unions ask that employers form a contract with the union to establish basic terms and requests. The Alphabet Workers Union, however, is a “minority union,” as it is made up of around 400 of the company’s over 260,000 employees and contractors, and does not have a contract with the company. Rather, it was formed to “give structure and longevity to activism at Google,” according to a New York Times article. Workers who opt to join the union will contribute 1% of their compensation in return for resources and tools that will attempt to influence company policy. \\nChewy Shaw, a Google engineer and the vice chair of the union’s leadership council, further explained the union’s importance, saying, “Our goals go beyond the workplace questions of ‘Are people getting paid enough?’ Our issues are going much broader.” Kara Silverstein, Google’s Director of People Operations, addressed the union’s formation in a statement, saying, “We’ve always worked hard to create a supportive and rewarding workplace . . . Of course, our employees have protected labor rights that we support. But as we’ve always done, we’ll continue engaging directly with all our employees.”\\nUnionizing in the Tech Industry \\nThe tech industry has not historically been friendly to unions. There are several reasons for this. Some argue that most typical union issues, such as wages and pension plans, are not traditionally common concerns in the high-earning industry. Others say that it is difficult to organize at large companies like Google that employ workers globally. Sara Steffens, secretary-treasurer at C.W.A., has pushed back against this thinking, saying, “There are those who would want you to believe that organizing in the tech industry is completely impossible. If you don’t have unions in the tech industry, what does that mean for our country? That’s one reason . . . that we see this as a priority.” Veena Dubal, a law professor at UC Hastings Law, predicted that the success of Google’s union will “have huge impacts not just for the workers but for the broader issues that we are all thinking about in terms of tech power in society.”\\nSeek Legal Assistance Today \\nIf your employer is interfering with your workplace rights, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In early January, years of activism and hard work paid off when over 400 engineers and workers at Google formed the Alphabet Workers Union, the first union at the company and one of the only unions in the tech industry. It is extremely rare for tech workers to unionize, as most Silicon Valley companies have&hellip;</p>\\n"},{"id":9266,"path":"/blog/free-wrongful-termination-consultation","slug":"free-wrongful-termination-consultation","modified":"2021-01-27T17:01:26","title":"Free Wrongful Termination Consultation","content":"","excerpt":""},{"id":9262,"path":"/blog/wednesday-worklaw-alert-kohls-will-pay-2-9-million-in-overtime-wage-lawsuit","slug":"wednesday-worklaw-alert-kohls-will-pay-2-9-million-in-overtime-wage-lawsuit","modified":"2021-01-27T11:18:16","title":"Wednesday Worklaw Alert: Kohl’s Will Pay $2.9 Million in Overtime Wage Lawsuit","content":"Kohls Department Stores recently agreed to pay nearly $3 million to settle a lawsuit alleging that the department store chain misclassified assistant store managers as exempt from overtime pay. Last week, these assistant managers stated in a settlement motion that “the agreement with Kohls over their Fair Labor Standards Act claims was appropriate because the retailer continued to deny wrongdoing and might oppose their bid for collective certification” in the future, according to a Law360 article. In other words, a settlement grants the managers monetary compensation now and avoids the time and cost of going to trial later. The lawsuit was initially filed in 2018 by Stacy Collins, who worked as an assistant manager at Kohl’s from 2008 to 2017. After a judge certified the collective action lawsuit in March 2019, about 900 other allegedly misclassified assistant store managers opted into the suit. \\nIn August 2019, a judge granted Kohls request to decertify the collective; however, legal counsel for Collins filed several proposed class actions around the same time. In October 2019, two of these cases were combined with the Collins lawsuit. Shannon Liss-Rordan, the lawyer representing the workers, said, “Kohls assistant store managers from around the country opted in to this case, challenging Kohls decision to classify them as exempt from overtime. She added that her clients were “pleased” with the deal.\\nWho is Eligible for Overtime? \\nEmployees covered by the Fair Labor Standards Act (FLSA) must receive time and a half their usual hourly rate for any hours worked over 40 in a given workweek. Some employees are exempt from mandatory overtime pay based on their salary and their responsibilities in their position. Kohl’s incorrectly placed its assistant managers in this exempt category when it did not pay them overtime wages. In general, if you are a non-salaried employee, you are eligible for overtime pay. However, even some salaried employees are overtime-eligible depending on their job responsibilities. Classification of employees as “exempt” or “non-exempt” for overtime pay can be confusing, so we recommend visiting the Department of Labor website or speaking with an employment lawyer for assistance. \\nWhat To Do If Your Employer (Like Kohls) Hasn’t Properly Paid You\\nIn addition to seeking legal assistance, there are some proactive steps you can take to help ensure that you can recover your rightfully earned wages. First, we recommend writing down and keeping track of all hours and days worked. You should include all time you are working, even if it is remote work or travel during the work day. Work is work! Next, make sure any complaints about pay that you bring to your employer are documented in writing. Lastly, speak with an expert attorney. Successful overtime lawsuits allow workers to win back their wages, as demonstrated by the Kohls settlement. \\nSeek Legal Assistance Today \\nIf you have not been paid your rightfully earned wages, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Kohl&#8217;s Department Stores recently agreed to pay nearly $3 million to settle a lawsuit alleging that the department store chain misclassified assistant store managers as exempt from overtime pay. Last week, these assistant managers stated in a settlement motion that “the agreement with Kohl&#8217;s over their Fair Labor Standards Act claims was appropriate because the&hellip;</p>\\n"},{"id":9260,"path":"/blog/are-you-facing-gender-discrimination-in-the-workplace-call-or-chat-today","slug":"are-you-facing-gender-discrimination-in-the-workplace-call-or-chat-today","modified":"2021-01-25T16:19:08","title":"Are You Facing Gender Discrimination in the Workplace? Call or Chat Today!","content":"","excerpt":""},{"id":9255,"path":"/blog/from-independent-contractors-to-employees-new-york-supreme-court-rules-in-favor-of-uber-drivers","slug":"from-independent-contractors-to-employees-new-york-supreme-court-rules-in-favor-of-uber-drivers","modified":"2021-01-25T15:52:28","title":"From Independent Contractors to Employees: New York Supreme Court Rules in Favor of Uber Drivers","content":"The unexpected and sudden emergence of Covid-19 this past year has left many financially burdened, including Uber drivers. The U.S. unemployment rate reached 14.7 percent in April, the highest level since the Great Depression, leaving many businesses losing profit and unable to keep employees’ jobs. As a result, many Uber drivers in upstate New York have applied for unemployment insurance benefits. Beginning in March, several employees filed cases against the company for classifying them as independent contractors and therefore denying them benefits like overtime pay and unemployment insurance. In December, the New York Supreme Court decided that Uber holds adequate control over their drivers to be considered their employees and should thus be required to give out unemployment insurance. \\nExplaining the New Decision Made by the New York Supreme Court \\nThe decision made by the New York Supreme Court, Appellate Division, in the Matter of Lowry case came after Uber attempted to appeal a previous ruling made by the New York Department Labor that Uber drivers qualify as employees and are entitled to supplementary unemployment insurance subsidies.. The Third Department denied Uber’s objection and affirmed the initial Board verdict after finding enough supporting evidence. Uber drivers are required to provide a valid driver’s license along with additional necessary documentation, undergo a background and driving history check, and have a vehicle that is “less than 15 years old” before being allowed to work. Furthermore, Uber sends a customer to a logged-on driver then “calculates the fare and collects the customer’s payment though the app” after each trip to pay its drivers only after subtracting a “20% to 30% service fee.” Considering the following prerequisites and conditions, there is a clear employment relationship established by Uber and its drivers to substantiate the Board’s decision. \\nWhat Does This Mean and How Will It Impact Other Rideshare Companies?\\nThe new ruling, established by the State of New York Supreme Court, Appellate Division Third Judicial Department, marks a victory that Uber drivers have sought for some time. In May of last year, the State of California sued Uber also on the basis of recognizing their drivers as employees, resulting in the passing of Proposition 22 that kept the drivers as independent contractors, according to the National Law Review. However, this achievement for Uber drivers in upstate New York lays a foundation for other employers in the state to reevaluate their relationship with their workers and encourages them to “take steps to ensure proper classification.”\\nSeek Legal Assistance Today \\nIf you believe you have been misclassified as an independent contractor, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n \\n&nbsp;","excerpt":"<p>The unexpected and sudden emergence of Covid-19 this past year has left many financially burdened, including Uber drivers. The U.S. unemployment rate reached 14.7 percent in April, the highest level since the Great Depression, leaving many businesses losing  profit and unable to keep employees’ jobs. As a result, many Uber drivers in upstate New York&hellip;</p>\\n"},{"id":9246,"path":"/blog/new-legal-protections-for-new-york-city-fast-food-workers","slug":"new-legal-protections-for-new-york-city-fast-food-workers","modified":"2021-01-21T17:17:32","title":"New Legal Protections for New York City Fast Food Workers","content":"New York City fast food workers have new protections under a law signed by Mayor Bill de Blasio this month. Now, fast food workers may not be fired without just cause or a legitimate economic reason. Addressing the difficulty the restaurant industry has faced during the Coronavirus pandemic, de Blasio stated “a strong, fair recovery starts with protecting working people . . . These bills will provide crucial job stability and protections for fast food workers on the front lines.\\nWhen Fast Food Workers May Be Fired\\nEligible New York City employers now need just cause or a bonafide economic reason in order to fire a fast food worker. The law defines just cause as an employee’s failure to satisfactorily perform job duties or engaging in misconduct that is harmful to the fast food employers legitimate business interests. Additionally, when an employer lays off employees for a bona fide economic reason, layoffs must occur in reverse order of seniority. So, if your employer lays you off for an economic reason, your employer must first have laid off all workers lower in seniority than you. Another important aspect of the law is that employers may not reduce fast food workers’ hours by more than 15% without just cause or a bona fide economic reason. This law will impact fast food chains in New York City with thirty or more locations. \\nPraise and Criticisms of the New Law\\nMany workers-rights advocates have praised the new law. For example, Kyle Bragg, the president of a service workers’ union, stated there are nearly 70,000 fast food workers in New York City who are on the front lines of the pandemic but who, until now, didnt have economic security because they could be fired or have their hours cut for no reason and without recourse. Others have been more critical of the law as the restaurant industry tries to recover from the pandemic. For example, Melissa Fleischut, president of the New York State Restaurant Association, said It is outrageous and unacceptable for the city council to choose this devastating moment to further hamstring the business operations of New York Citys restaurants by passing just cause legislation. Despite these criticisms, the law will still be enforced and likely affect many employers: according to industry statistics, the fast food worker turnover rate is as high as 150%. With so many workers regularly leaving fast food restaurants, employers must ensure that firings, layoffs, and hour reductions comply with the new law.\\nSeek Legal Assistance Today \\nIf you have been wrongfully terminated from your fast food job, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>New York City fast food workers have new protections under a law signed by Mayor Bill de Blasio this month. Now, fast food workers may not be fired without just cause or a legitimate economic reason. Addressing the difficulty the restaurant industry has faced during the Coronavirus pandemic, de Blasio stated “a strong, fair recovery&hellip;</p>\\n"},{"id":9244,"path":"/blog/firm-news-partner-rachel-haskell-interviewed-by-law360-regarding-gender-military-status-discrimination-case","slug":"firm-news-partner-rachel-haskell-interviewed-by-law360-regarding-gender-military-status-discrimination-case","modified":"2021-01-21T10:25:05","title":"Firm News: Partner Rachel Haskell Interviewed by Law360 Regarding Gender/Military-Status Discrimination Case","content":"Partner Rachel Haskell was recently interviewed by Law360 about the federal discrimination lawsuit our firm filed on behalf of Brandon Padgett, a former paralegal at Abrams Garfinkel Margolis Bergson LLP. Haskell’s comments were featured in an article discussing the case. Padgett is accusing the company of discrimination based on his non-binary gender identity and military status. In one instance, an employee in a different department allegedly called him “Beyonce.” After Padgett reported this comment to HR, the company organized a sexual harassment training session that was not well-attended by employees. After this session, Padgett claims that Michael Xylas, a partner at the firm, greeted him with a slap on the buttocks. Soon after, Padgett joined the Army National Guard and informed the firm of the days he would be absent from work due to training. He even reminded the firm that they could not legally fire him because of his military status. Despite this, Xylas informed Padgett that the firm was unable to hold his position during Army training and that they would have to part ways. \\nFollowing his termination, Padgett reached out to our firm and is being represented by partner Rachel Haskell. Padgett’s suit was filed Saturday and demands damages for discrimination under the New York City and state human rights laws and the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which prohibits discrimination against military service members. Xylas and Abrams Garfinkel Margolis Bergson LLP have denied these allegations, calling them “totally baseless.” In a phone interview on Monday, Haskell told Law360, First, no one should ever have to work in an environment where they are subject to harassment based on their gender identity, and while all retaliation is abhorrent, here it is even more so as our client was terminated because he was selflessly entering into the National Guard to serve our country.” \\nSeek Legal Assistance Today \\nIf you are experiencing discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Partner Rachel Haskell was recently interviewed by Law360 about the federal discrimination lawsuit our firm filed on behalf of Brandon Padgett, a former paralegal at Abrams Garfinkel Margolis Bergson LLP. Haskell’s comments were featured in an article discussing the case. Padgett is accusing the company of discrimination based on his non-binary gender identity and military&hellip;</p>\\n"},{"id":9240,"path":"/blog/wednesday-worklaw-alert-coinbase-strikes-again-data-indicates-female-and-black-employees-are-underpaid","slug":"wednesday-worklaw-alert-coinbase-strikes-again-data-indicates-female-and-black-employees-are-underpaid","modified":"2021-01-20T12:17:57","title":"Wednesday Worklaw Alert: Coinbase Strikes Again, Data Indicates Female and Black Employees are Underpaid","content":"Coinbase, the cryptocurrency start-up based in San Francisco, has recently made headlines following accusations made by current and former employees alleging racial and gender discrimination in the workplace. As we discussed in our previous blog on Coinbase, “the company’s internal racial tensions escalated in the wake of George Floyd and Brionna Taylor’s deaths as several black employees in the tech industry demonstrated their support for the Black Lives Matter movement.” Female employees have also spoken out about their experience with the company, several of them filing internal complaints. Additionally, many employees have written negative reviews on Glassdoor, one of them notably claiming that “unconscious pro-male bias is out of control,” and warning women that “you’ll get paid less than your male colleagues, [and get] passed over for promotions.”\\nRecently, the New York Times released data that corroborates these accusations, showing that female and black employees were paid significantly less than their male and/or white counterparts. The article states that women were paid “an average of $13,000, or 8 percent, less than men at comparable jobs and ranks within the company.” Salaried black employees were paid “$11,500, or 7 percent, less than all other employees in similar jobs.” When Alexandra Marr, the economist who conducted the Coinbase analysis, factored in stock options as well, the pay gap between black and white employees grew from 7 percent to 11 percent. The article also provides a helpful graphic that illustrates these monetary disparities, which are compounded by the fact that most black and female employees are concentrated in lower-paying positions at the company. After reviewing Marr’s analysis, James Fineberg, a lawyer leading pay bias cases against Oracle and Google, commented, “This certainly looks like a company with a problem.” Our lawyers agree. \\nCoinbase Response \\nIn response to these recent allegations, L.J. Brock, Coinbase’s Chief People Officer, stated that the company began a comprehensive review of compensation in late 2018. He elaborated, saying “As a result of this process, we implemented a new compensation program that brought Coinbase in line with some of the world’s most respected technology companies.” Brian Armstrong, Coinbase’s Chief Executive Officer, claims he has made efforts to create a “consistent” company culture dedicated to growth. These efforts have not always sat well with employees, according to surveys and internal documents. For example, over 60 employees resigned this fall when Armstrong put a policy in place that banned employees from discussing non-company politics or social issues at work. Data also shows that Armstrong and other Coinbase executives failed to adequately address findings indicating a lack of diversity at the company. As stated by the NYT, “When the company last did an internal diversity report, in late 2019, the percentage of female and Black employees — 33 percent and 3 percent — at Coinbase was roughly the same as in 2018.” These statistics suggest that addressing issues of diversity is not a priority for Coinbase. \\nSeek Legal Assistance Today \\nIf you are experiencing gender and/or racial discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Coinbase, the cryptocurrency start-up based in San Francisco, has recently made headlines following accusations made by current and former employees alleging racial and gender discrimination in the workplace. As we discussed in our previous blog on Coinbase, “the company’s internal racial tensions escalated in the wake of George Floyd and Brionna Taylor’s deaths as several&hellip;</p>\\n"},{"id":9229,"path":"/blog/firm-news-expertise-names-the-law-office-of-christopher-q-davis-in-list-of-best-employment-lawyers-in-new-york","slug":"firm-news-expertise-names-the-law-office-of-christopher-q-davis-in-list-of-best-employment-lawyers-in-new-york","modified":"2021-01-19T13:21:47","title":"Firm News: Expertise Names The Working Solutions Law Firm in List of Best Employment Lawyers in New York","content":"Expertise, an online service that connects users with the best local services in a wide array of fields, recently included our firm on its list of “Best Employment Lawyers in New York” for 2021. The company scored 3,113 lawyers based on availability, qualifications, reputation, experience, and professionalism. \\nWe are proud to say that The Working Solutions Law Firm made the top 29 out of these 3,113 employment lawyers. Expertise gave us an A+ rating in the “reputation category and mentioned our consistently high reviews. \\nWe would like to thank Expertise for the feature, our clients for entrusting us, and the dedicated workers at our firm for making this possible!","excerpt":"<p>Expertise, an online service that connects users with the best local services in a wide array of fields, recently included our firm on its list of “Best Employment Lawyers in New York” for 2021. The company scored 3,113 lawyers based on availability, qualifications, reputation, experience, and professionalism.  We are proud to say that The Working&hellip;</p>\\n"},{"id":9226,"path":"/blog/free-severance-consultation","slug":"free-severance-consultation","modified":"2021-01-16T12:09:47","title":"Free Severance Consultation!","content":"","excerpt":""},{"id":9221,"path":"/blog/women-lost-111-of-jobs-in-december","slug":"women-lost-111-of-jobs-in-december","modified":"2021-01-15T13:27:30","title":"Women Lost 111% of Jobs in December","content":"The Bureau of Labor Statistics released their December data last Friday. In the United States, 140,000 net jobs were lost last month. The National Women’s Law Center (NWLC), a non-profit that fights against gender-discrimination, said that All of the jobs lost were womens jobs, with women losing 156,000 jobs and men gaining 16,000. This data means that women account for 111% of the jobs lost in December of 2020. There is a clear disparity between the genders on this issue. Business Insider attributes this decline due to a loss of jobs in the education, retail, and hospitality sectors, which are all dominated by women. These sectors are more sensitive to economic disruption during the pandemic than others. NBC and CNBC mentioned how the government sector lost 45,000 jobs and that women’s jobs accounted for 91.1% of the loss. Another reason for this major disparity is the traditional idea that women should provide childcare. Since many children have begun to study at home due to recent Covid-19 spikes, mothers have decided to stay home from work to take care of them. The Lean In and McKinsey &amp; Company’s “Women in the Workplace” report found that mothers were three times more likely than fathers to claim the responsibilities for housework and childcare that have arisen during the pandemic. \\nWomen and Racial Divides \\nLatina and Black women are further disproportionately impacted by the pandemic. About 8.4% of Black and 9.1% of Latina women are unemployed, while only 5.7% of White women are unemployed. The NWLC analysis also mentions how nearly 40% of the women age 20 or older in the workforce have been unemployed for the last 6 months. Of those women, Black women made up 40.8% while Asian women age 16 and older made up 44%. Michael Madowitz, an economist with the Center for American Progress, believes that the resulting disparity amongst racial unemployment issues stem from the spiking of Covid-19 in states that have large communities of color. These states include, but are not limited to, Texas, California, and Florida.\\nFuture Concerns about Gender Discrimination\\nOn average, for every hour that a woman works, her male competitors make about 82 cents more. This sharp decline in jobs for women makes economists fear that the gender wage gap will grow throughout the pandemic. The December unemployment figures will also be the last unemployment statistics before President-elect Joe Biden takes office. In the meantime, Congress has passed a stimulus bill providing 600 dollars for eligible Americans unemployed due to the Covid-19 pandemic. Joe Biden promised to pass a more robust bill to help decrease the apparent gender gaps when he takes office on January 20, 2021. \\n \\nSeek Legal Assistance Today \\nIf you have faced gender discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Bureau of Labor Statistics released their December data last Friday. In the United States, 140,000 net jobs were lost last month. The National Women’s Law Center (NWLC), a non-profit that fights against gender-discrimination, said that &#8220;All of the jobs lost were women&#8217;s jobs, with women losing 156,000 jobs and men gaining 16,000.&#8221; This data&hellip;</p>\\n"},{"id":9215,"path":"/blog/fired-for-talking-googles-former-employee-timnit-gebru-claims-being-fired-for-sending-an-interpretative-email","slug":"fired-for-talking-googles-former-employee-timnit-gebru-claims-being-fired-for-sending-an-interpretative-email","modified":"2021-01-13T17:25:49","title":"Fired for Talking? Google’s Former Employee, Timnit Gebru, Claims Being Fired for Sending an Interpretative Email","content":"Google was subject to some criticism last month after firing one of its senior-level artificial-intelligence computer scientists, Timnit Gebru, for sending an email alluding to the company’s mistreatment of minority employees. Gebru, who held the position of a co-leader in Google’s Ethical AI Team in Silicon Valley, led and fostered research that assisted in raising the company’s status as a pioneer in the tech industry. According to the Washington Post, Gebru worked amongst a racially homogeneous group and was driven to push for more diversity and inclusion in her team. She sent an email out to a list of researchers on Bain Women and Allies, who are a part of the Google Brain team, expressing her feelings of being “dehumanized” in the company and view of unequal treatment of minorities in the company. \\nGebrus Efforts to Address Societal Issues Within the Company \\nIn an article from the Washington Post, Gebru mentions that her tension with Google began when she was asked to remove names from a critical research paper she wrote, alongside her team, on language models. Following the request, over 200 Google employees compiled a list of demands and urged to meet with the Dean of the Ethical AI team to understand the censorship imposed on Gebru’s paper. Many employees questioned Google’s “intellectual integrity” on supporting in-depth research on AI ethics and agreed that Google needs to be held responsible. Throughout her career, Gebru has advocated for minorities on numerous occasions. In her last email, she expressed that she gave up on “advocating for diversity inside Google,” adding that “it doesn’t make a difference”. Gebru was terminated after this statement even though she did not directly offer her resignation in the email. Other employees spoke out in support of Gebru. The Google Dean responded by saying they “felt badly” about Timinit’s views on the company but nonetheless called on the employees to continue doing “important work” on “critical DEI programs.” \\nGoogle’s Attempt to Increase Representation and Federal Laws on Discrimination \\nSince Gebru’s termination, Google has released statements about striving for more diverse representation within the company. However, some employees do not trust the company’s commitment to the issue, fearing that their efforts are not legitimate due to the unjust action taken against Gebru for speaking out on an important issue. Thankfully, employees like Gebru have legal protections in the workplace: both New York State laws and federal laws protect employees from unfair treatment and discrimantion on the basis of “race/color, religion, sex, and national origin”, and retaliation through the Title VII of the Civil Rights Act of 1964.\\nSeek Legal Assistance Today \\nIf you believe you have been wrongfully terminated or have experienced racial discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Google was subject to some criticism last month after firing one of its senior-level artificial-intelligence computer scientists, Timnit Gebru, for sending an email alluding to the company’s mistreatment of minority employees. Gebru, who held the position of a co-leader in Google’s Ethical AI Team in Silicon Valley, led and fostered research that assisted in raising&hellip;</p>\\n"},{"id":9207,"path":"/blog/the-future-of-the-workplace-post-pandemic-are-offices-a-thing-of-the-past","slug":"the-future-of-the-workplace-post-pandemic-are-offices-a-thing-of-the-past","modified":"2021-01-08T14:03:08","title":"The Future of the Workplace Post-Pandemic: Are Offices a Thing of the Past?","content":"As the Coronavirus Pandemic rages on, many people are wondering how life might change after a vaccine is widely available. Over the last ten months, the pandemic has drastically changed the American workplace, with 42% of the American workforce working remotely. While some employees enjoy the flexibility of working from home, others prefer a traditional office environment. Since many employees have shown that they can successfully work remotely during the pandemic, it’s likely that remote work will remain in some increased capacity after the pandemic ends. For example, Stripe, a financial services firm, has opened up a fully remote company hub to “to tap the 99.74% of talented engineers living outside the metro areas.” There are several important legal issues that continuing remote workers need to be aware of even after the pandemic ends. \\nOvertime Pay When Working In A Remote Office\\nOne common employer violation during remote work is overtime pay. When an overtime-eligible employee works more than forty hours in a week, he or she must be paid time and a half the usual hourly rate for any hours worked over forty. While working remotely, some employers expect employers to always be available for work. Even if your boss asks you to work outside your normal work hours, remote workers must still be paid for all hours worked. If you have not been paid for all hours worked or unsure whether you are eligible for overtime pay, you should speak to an experienced employment attorney.\\nReasonable Accommodation for Remote Office Workers With Disabilities\\nState and federal laws, such as the Americans with Disabilities Act, require employers to provide reasonable accommodations for those with disabilities. Even before the pandemic, working from home has previously been a reasonable accommodation for some employees. However, employers may argue that some jobs can’t reasonably be performed from home. Yet, since the pandemic started, the American workforce has proven that many jobs can be performed remotely. If you request to continue working remotely after the pandemic due to your disability, your employer may legally have to accommodate your request. \\nReturning to A Traditional Office: Mandatory Vaccines?\\nSome employees miss the traditional office environment, and they look forward to returning to the physical office. In an effort to keep all workers safe, some employers may mandate vaccinations before returning to the office. The EEOC recently released guidance stating that, in general, employers are permitted to require vaccinations. However, employers will likely have to make exceptions for employees who have medical or religious reasons as to why they cannot receive the vaccine. Additionally, the incoming Biden administration may recommend exceptions for other reasons. \\nSeek Legal Assistance Today \\nIf your rights have been violated in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>As the Coronavirus Pandemic rages on, many people are wondering how life might change after a vaccine is widely available. Over the last ten months, the pandemic has drastically changed the American workplace, with 42% of the American workforce working remotely. While some employees enjoy the flexibility of working from home, others prefer a traditional&hellip;</p>\\n"},{"id":9202,"path":"/blog/wednesday-worklaw-alert-lyft-fails-to-overturn-nyc-e-hail-driver-minimum-wage-rules","slug":"wednesday-worklaw-alert-lyft-fails-to-overturn-nyc-e-hail-driver-minimum-wage-rules","modified":"2021-01-06T09:20:08","title":"Wednesday Worklaw Alert: Lyft Fails to Overturn NYC E-Hail Driver Minimum Wage Rules","content":"Last Tuesday, a New York State appeals court denied Lyft’s attempt to overturn New York City’s minimum wage rules for e-hail drivers. In 2018, the Taxi and Limousine Commission (TLC) released guidelines establishing the first minimum wage for app-based drivers in the US, setting minimum per-trip charges that guaranteed drivers would earn at least $17.22, which includes minimum wage ($15) plus payroll taxes ($2.22). In 2019, Lyft had argued that the rules set forth by the TLC were biased towards its competitor, Uber, and sued the commission. The 2019 lawsuit against the TLC was brought to an end by New York State Supreme Court Justice Andrea Masley, who ruled against Lyft. Last Tuesday, a five-judge Appellate Division panel upheld the 2019 decision. The panel stated that the TLC’s minimum wage criteria “has a rational basis and was not unreasonable.” The appellate judges also addressed Lyft’s claims that the rules were biased towards Uber, saying “Contrary to petitioners’ argument, there is no requirement that TLC articulate its rationale for choosing company-specific utilization rates . . . provided that the record reveals that the rule had a rational basis.” When a court’s standard of review is “rational basis,” it is generally difficult for a challenging party to prevail. For example, Lyft would have had to prove that the TLC had no rational basis whatsoever for its rules in order to win.\\nNYC and Lyft Responses \\nNew York City Law Department spokesman Nicholas Paolucci offered public support for the ruling, stating, “We’re pleased with this ruling — it will help hardworking drivers during this very difficult time.” The pandemic has hit e-hail drivers particularly hard as people are choosing to stay home and travel less. Additionally, people have social distancing and health concerns when sharing small enclosed spaces like a car. A Daily News article reported that Uber and Lyft completed an average of 427,000 trips per day in New York City during October 2020. These numbers show a shocking 37% decrease from the 682,000 daily trips completed in October of 2019 in NYC. \\nLyft spokesman CJ Macklin was understandably not as pleased with the courts decision. He stated, “The rule has already resulted in 10,000 fewer New Yorkers being able to earn on our platform. We will continue fighting for drivers and are currently exploring all our options.” Macklin points out that these thousands of drivers have stopped working for Lyft because the TLC minimum wage rules make their schedules less flexible, which was traditionally a major benefit to e-hail driving. \\nSeek Legal Assistance Today \\nIf you are an Uber or Lyft driver who believes their minimum wage rights are being violated, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last Tuesday, a New York State appeals court denied Lyft’s attempt to overturn New York City’s minimum wage rules for e-hail drivers.  In 2018, the Taxi and Limousine Commission (TLC) released guidelines establishing the first minimum wage for app-based drivers in the US, setting minimum per-trip charges that guaranteed drivers would earn at least $17.22,&hellip;</p>\\n"},{"id":9194,"path":"/blog/working-women-hit-hard-by-the-pandemic","slug":"working-women-hit-hard-by-the-pandemic","modified":"2021-01-04T11:35:02","title":"Working Women Hit Hard by the Pandemic","content":"The COVID-19 pandemic has rocked the nation to its core, leaving virtually no one unaffected. Working women have been particularly impacted during this time. Not only have women been more likely to lose their jobs than men during the pandemic, but women working from home have also suddenly found themselves simultaneously juggling full time jobs and childcare as many schools move online. What are the results of these changes? According to an annual report published by McKinsey &amp; Company and  LeanIn.org, one in four women are considering slowing down or pausing their careers due to difficulties brought about by COVID-19. This finding harms the progress women have made in recent years to gain equality, respect, and representation in the workforce. \\nThe New York Times recently published an article written by Amy Berstein, editor of the Harvard Business Review (HBR) and cohost of the “Women at Work podcast. Bernstein writes that many female workers have described a loss of identity as a result of being unable to work during the pandemic. Emily, a guest on her podcast, told Bernstein, “The struggle is not about the job. The struggle is about meaning. Am I a singer if I’m not singing?” For so many working women who also must take on responsibilities at home, work develops a special meaning. As sociologist Aliya Hamid Rao wrote in an HBR article, “Employment, or the lack thereof, has become an intrinsic marker of a person’s moral worth.”\\nThe Working Woman and the “Ideal Worker”\\nOne silver lining of working from home has been increased flexibility. However, as Bernstein says, “All this new flexibility poses tougher challenges to our work-life balance and is forcing us to recognize that certain norms have gone stale.” One of these norms is the concept of the “ideal worker,” a person that dedicates himself or herself fully to their job and prioritizes work over everything else in life. Working women have already found themselves at odds with this outdated idea, as many must juggle work and home responsibilities. Joan C. Williams, the founding director of the Center for WorkLife Law, has previously noted that the concept of the “ideal worker” is the product of an age in which men worked and women tended to the household. The idea is even more damaging to working women in a time in which they are expected to dedicate themselves fully both to work and to the home. Williams said, “If there was ever a time to put to rest the old-fashioned notion of the ideal worker, it’s now.” \\nDespite facing a disproportionate amount of hardship as the result of the pandemic, working women also have developed even more tenacity. Dr. Rao explains how she has identified resilience and determination in many women who have suffered job losses, saying, “It forces women to rethink how they want to get back into the labor force. They think about getting back in on their own terms.” While it is unfortunate that working women have been placed in this difficult situation, Bernstein points out that hopefully the pandemic has presented employers with a valuable lesson: “. . . it’s time for women to calibrate their expectations to their own aspirations — not to some outmoded external ideal — and for employers to respect that.”\\nSeek Legal Assistance Today \\nIf you are a woman who has faced discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The COVID-19 pandemic has rocked the nation to its core, leaving virtually no one unaffected. Working women have been particularly impacted during this time. Not only have women been more likely to lose their jobs than men during the pandemic, but women working from home have also suddenly found themselves simultaneously juggling full time jobs&hellip;</p>\\n"},{"id":9189,"path":"/blog/wednesday-worklaw-alert-nyc-expands-paid-sick-leave","slug":"wednesday-worklaw-alert-nyc-expands-paid-sick-leave","modified":"2020-12-30T11:14:22","title":"Wednesday Worklaw Alert: NYC Expands Paid Sick Leave","content":"On December 9, Mayor de Blasio announced that beginning January 1, 2021, New York City employers with 100 or more workers are now required to provide 56 hours of paid sick leave, an increase from the previous 40 hour requirement. He also stated that employers with four or fewer workers must provide up to 40 hours of paid sick leave. Additionally, domestic workers must be given up to 40 hours of paid sick time, an increase from the two days they are currently provided with. At a press conference, De Blasio stated, “This is how we get through this together, recognizing the humanity in each of us and really respecting each person and the challenges they are facing.” He elaborated on the importance of these new policies, saying “It can’t be a choice between your health and your job, your health and your livelihood.” \\nAccording to a Daily News article, Department of Consumer and Worker Protection Commissioner Lorelei Salas clarified that these city mandates are “on top of” sick leave requirements laid out by New York State and the federal government. The new guidelines also build upon New York City’s paid sick leave law that was passed in 2014, which requires most private employers with five or more employees to provide paid sick leave to both full and part-time employees who work at least 80 hours in a calendar year. \\nWhat are New York State sick leave laws? \\nNew York State sick leave laws also apply in New York City. On September 30, 2020, New York State’s Paid Sick Leave law took effect. This law was first adopted in March as the coronavirus hit New York. The law requires all employers to provide paid or unpaid leave to employees working in New York State, with the amount of leave contingent on the size and income of the business. A recent National Law Review article provides a helpful chart explaining the type of leave each business is required to provide. The article also provides details on how leave is accrued, when employees are eligible to take it, and how it carries over into 2021. The publication states that sick leave may be used in “any reasonable increment set by the employer.” Some examples of acceptable reasons for taking sick leave include physical or mental illness of the employee or a family member or absence due to domestic violence or stalking. \\nSeek Legal Assistance Today \\nOur firm is dedicated to assisting both employees and employers navigating these new sick leave mandates during the pandemic. If you are an employee who believes their rights protected under these sick leave laws are being violated or an employer seeking legal counsel regarding compliance with sick leave policies, get legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>On December 9, Mayor de Blasio announced that beginning January 1, 2021, New York City employers with 100 or more workers are now required to provide 56 hours of paid sick leave, an increase from the previous 40 hour requirement. He also stated that employers with four or fewer workers must provide up to 40&hellip;</p>\\n"},{"id":9184,"path":"/blog/being-black-in-tech-coinbase-employees-speak-out-against-racial-discrimination","slug":"being-black-in-tech-coinbase-employees-speak-out-against-racial-discrimination","modified":"2020-12-28T14:24:25","title":"Being Black in Tech: Coinbase Employees Speak Out Against Racial Discrimination","content":"Last month, Alysa Butler, a Coinbase employee, informed the New York Times about racial discrimination and exclusivity in the workplace. Butler was one of 15 black employees at the company who complained to the human resources department about ongoing issues around racism before leaving the company last year. Coinbase, a prominent cryptocurrency start-up in the United States, is not the first tech company that has had racial diversity problems. The tech industry has a reputation for placing a glass ceiling on minority and female employees from receiving equal treatment and opportunities to move up the corporate ladder. Current and former black employees at Facebook also voiced their concerns about the lack of representation and racial bias that is present in the tech industry. Butler added to this statement, saying “we all know there’s a diversity problem” but that her experience at Coinbase was far different. \\nThe Lack of Black Representation in the Tech Industry \\nThe article mentions the ongoing issue with black employees not getting hired in the industry, let alone holding high positions. While companies like Facebook and many others have publicly shared their efforts to build an inclusive and diverse work environment, minimal progress has been made, especially at Coinbase. Data has shown that only three percent of the 600 employees at the company are black. Other black employees who spoke out about racial issues at the company along with Butler shared specific instances where they felt racially targeted. For example, one mentioned that her supervisor made racially indicative comments in front of other employees about her “dealing drugs and carrying a gun.”\\nCoinbase’s Response to Allegations and Federal Laws on Racial Discrimination \\nThe chief executive of the company along with a spokesperson responded to the complaints defending Coinbase’s efforts to embrace diversity and stand strong against racial and other forms of discrimination. Their response also added that Coinbase keeps a record of and investigates all reports of racial discrimination and other complaints. The company’s internal racial tensions escalated in the wake of George Floyd and Brionna Taylor’s deaths as several black employees in the tech industry demonstrated their support for the Black Lives Matter movement. Following the events, even more, black employees from Coinbase have opened up about their difficult experiences with racial bias in the workplace. Despite these ongoing issues with racial inequality, there are federal and state laws that protect employees from discrimination. For example, Title VII of the Civil Rights Act of 1964 makes it unlawful for employees to be discriminated against on the basis of “race/color, religion, sex, and national origin.” \\nSeek Legal Assistance Today \\nIf you have experienced racial discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, Alysa Butler, a Coinbase employee, informed the New York Times about racial discrimination and exclusivity in the workplace. Butler was one of 15 black employees at the company who complained to the human resources department about ongoing issues around racism before leaving the company last year. Coinbase, a prominent cryptocurrency start-up in the&hellip;</p>\\n"},{"id":9180,"path":"/blog/free-unlawful-termination-consultation","slug":"free-unlawful-termination-consultation","modified":"2020-12-24T19:12:06","title":"Free Unlawful Termination Consultation!","content":"","excerpt":""},{"id":9177,"path":"/blog/can-you-get-fired-for-smoking-weed-in-new-jersey-now-that-it-is-legal-statewide","slug":"can-you-get-fired-for-smoking-weed-in-new-jersey-now-that-it-is-legal-statewide","modified":"2020-12-24T18:41:51","title":"Can You Get Fired for Smoking Weed in New Jersey Now That It Is Legal Statewide?","content":"Last month, the New York Times published an article mentioning a recent law that was passed in New Jersey regarding recreational marijuana usage. New Jersey residents voted to amend the state constitution and legalize the use of marijuana for adults 21 and older. The new bill is expected to take full effect on January 1st, 2021. New Jersey is anticipated to become one of the most prominent marijuana markets in the United States. This projection has urged neighboring states, like New York, to also support marijuana legalization for recreational use in fear of potentially losing comparative advantage in this market. The president of the New Jersey CannaBusiness Association happily responded to this new development, saying “it’s clearly a historic day.” However, since possession and use of marijuana are still illegal under federal law, the question still remains: can someone be fired for smoking weed in New Jersey?\\nState Versus Federal Laws on Marijuana Use for Medical and Recreational Use\\nWell, the short answer is it’s complicated. While over 35 states and the District of Columbia have legalized marijuana use for both medical and recreational purposes, it remains illegal under federal law. In cases of smoking weed after work hours, the states have varying laws on whether employers have the right to fire their employees or not. In states like Illinois, Massachusetts, Delaware, and others, employees are generally protected from being fired or discriminated against if they are registered medical marijuana cardholders. However, they may be fired if they are using or are impaired by marijuana during work hours. While in other states, employers can regularly drug test their employees and fire them even for off-duty marijuana use. \\nNew Jersey’s Marijuana Amendment Does Protect Covered Employees\\nThe Marijuana Legalization Amendment for New Jersey that was approved on November 3rd has legalized adult-use of cannabis across the entire state. Nevertheless, some towns and municipalities have banned cannabis-related businesses despite the state-wide legalization. The new section of the bill states that “no employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions, or other privileges of employment because that person does or does not smoke, vape, aerosolized or otherwise use cannabis items unless the employer has a rational basis for doing so which is reasonably related to the employment, including the responsibilities of the employee or prospective employee.” However, there has been no consensus on what reasons may be considered a “rational basis” in the context of this legislation. While the law prohibits employers from terminating their employees simply because of marijuana use without a rational basis, outcomes can vary on a case-by-case basis. \\nSeek Legal Assistance Today \\nIf you were wrongfully terminated from your job, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, the New York Times published an article mentioning a recent law that was passed in New Jersey regarding recreational marijuana usage. New Jersey residents voted to amend the state constitution and legalize the use of marijuana for adults 21 and older. The new bill is expected to take full effect on January 1st,&hellip;</p>\\n"},{"id":9174,"path":"/blog/free-independent-contractor-consultation","slug":"free-independent-contractor-consultation","modified":"2020-12-23T15:01:05","title":"Free Independent Contractor Consultation!","content":"","excerpt":""},{"id":9168,"path":"/blog/wednesday-worklaw-alert-google-accused-of-anti-union-activity-by-nlrb","slug":"wednesday-worklaw-alert-google-accused-of-anti-union-activity-by-nlrb","modified":"2020-12-23T14:39:38","title":"Wednesday Worklaw Alert: Google Accused of Anti-Union Activity by NLRB","content":"Earlier this month, National Labor Relations Board (NLRB) prosecutors accused Google of anti-union actions in violation of the NLRB’s ban on punishing workers for engaging in organizing activity. These accusations come a year after five Google employees filed a series of charges with the NLRB claiming that the company violated rights protected under the National Labor Relations Act (NLRA), such as terminating workers for organizing fellow employees. The board claims that Google violated federal labor law when the company recently terminated two workers, Laurence Berland and Kathryn Spiers, for organizing their fellow employees and making them aware of their labor rights. \\nBerland alleges he faced workplace retaliation when he was fired after having organized a protest against Googles use of IRI Consultants, a company known for pushing back against union activity. Spiers attests that she was terminated after she developed a computer script that automatically informs employees of their union rights when they visit the IRI Consultants website on a company computer. In response to the NLRB’s accusations against Google on his behalf, Berland said, The support of the NLRB is welcome and appreciated, even as we know that the support workers need most, and most have, is that of each other.” The Office of the General Counsel looked into these charges and then filed suit in the agency’s administrative court, accusing Google of surveilling workers, asking them about their protests, and maintaining illegal labor policies. If the board rules in favor of the workers, Berland and Spiers may be reinstated in their positions and repaid any lost earnings. \\nOther Labor Charges Against Google \\nThree other workers also claim they were fired in violation of the NLRB’s ban on punishing workers for organizing, but the Office of the General Counsel did not bring charges on their behalf. The workers claim that they were fired after protesting “Googles business relationship with U.S. Customs and Border Protection and its hiring of Trump administration veterans,” according to a Law 360 article. They allege that their termination was a politically-motivated decision intended to further Trumps racist and xenophobic policy agenda.” Google claims that these workers were fired for breaking the company’s cybersecurity policies. The NLRB dismissed these charges, finding that Google’s actions in these instances were not in violation of the NLRA. The workers plan to appeal the dismissed charges to the NLRB. Neither Google nor the NLRB have publicly commented on these charges. \\nSeek Legal Assistance Today \\nOur firm is dedicated to assisting anyone experiencing retaliation as a result of practicing their right to organize and/or protest. If you are experiencing retaliation in the workplace or feel as if your labor rights are being violated, seek legal assistance from the Working Solutions Law Firm, located in New York City and Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Earlier this month, National Labor Relations Board (NLRB) prosecutors accused Google of anti-union actions in violation of the NLRB’s ban on punishing workers for engaging in organizing activity. These accusations come a year after five Google employees filed a series of charges with the NLRB claiming that the company violated rights protected under the National&hellip;</p>\\n"},{"id":9163,"path":"/blog/can-your-employer-require-you-to-get-the-coronavirus-vaccine","slug":"can-your-employer-require-you-to-get-the-coronavirus-vaccine","modified":"2020-12-21T17:57:09","title":"Can Your Employer Require You To Get the Coronavirus Vaccine?","content":"After nearly 9 months since the Coronavirus pandemic hit the United States, the FDA has approved two vaccines. As more and more Americans get vaccinated, people are wondering whether employers can require all employees to be vaccinated before returning to the workplace. Some employers may want to force employees to be vaccinated to help ensure the safest working environment possible. But do employers have the right to dictate an employee’s medical choices? This is a very important question in light of the fact that, as of November 2020, 39% of Americans reported that they probably or definitely would not get the vaccine due to a lack of trust in its development process.\\nEqual Employment Opportunity Commission Says Employees Who Refuse A Vaccine Can Legally Be Barred From The Workplace\\nThe Equal Employment Opportunity Commission is the federal agency that enforces workplace discrimination laws. The Americans With Disabilities Act has previously limited the ability of employers to require medical examinations for employees. However, the Act has previously allowed some medical tests when there is a legitimate business reason, such as requiring a drug test when an employee’s drug use could interfere with their work ability. The EEOC issued new guidance this month that specifically addressed the coronavirus vaccine in relation to the Americans with Disabilities Act. The guidance states that employers can legally require employees to get the Coronavirus vaccine and bar them from the workplace if they refuse to do so. The Commission stated, “If a vaccine is administered to an employee by an employer for protection against contracting Covid-19, the employer is not seeking information about an individual’s impairments or current health status . . . and, therefore, it is not a medical examination.”\\nSome Potential Exceptions to the Employer-Mandated Vaccines\\nWhile employers can require employees to get Coronavirus vaccines in general, there may be some legal exceptions on a case-by-case basis. Firstly, there likely will have to be religious accommodations. If an employee has a sincerely held religious belief that conflicts with receiving vaccines, he or she may be able to bring a religious discrimination claim if fired for refusing to get vaccinated. Another possible exception to a mandatory vaccine rule could be for medical reasons. For example, if an employee is severely allergic to the vaccine, he or she may be required to have a medical exemption. The upcoming Biden administration may also issue more legislation or guidance that could add additional exceptions to an employer’s mandatory vaccine policy. \\nSeek Legal Assistance Today\\nIf your rights have been violated in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>After nearly 9 months since the Coronavirus pandemic hit the United States, the FDA has approved two vaccines. As more and more Americans get vaccinated, people are wondering whether employers can require all employees to be vaccinated before returning to the workplace. Some employers may want to force employees to be vaccinated to help ensure&hellip;</p>\\n"},{"id":9159,"path":"/blog/pinterest-reaches-22-5-million-settlement-in-gender-discrimination-and-retaliation-lawsuit","slug":"pinterest-reaches-22-5-million-settlement-in-gender-discrimination-and-retaliation-lawsuit","modified":"2020-12-17T15:09:18","title":"Pinterest Reaches $22.5 Million Settlement in Gender Discrimination and Retaliation Lawsuit","content":"Last week, Pinterest agreed to settle a gender discrimination and retaliation lawsuit filed by former Chief Operating Officer Françoise Brougher for $22.5 million, making it one of the largest publicly announced, individual gender discrimination settlements. Pinterest and Brougher have agreed to donate the $22.5 million to charities and organizations that promote and fund education and advocacy for women and minorities in the tech industry. Brougher’s lawyer, David Lowe, noted that this settlement stands out because of “its size, its charitable component and its public announcement,” as reported by a recent New York Times article. \\nBrougher began working for Pinterest in 2018 as its Chief Operating Officer. She claims that despite her high position in the company, she was excluded from meetings, paid less than her male counterparts, and received gender-related comments and feedback in the workplace. She alleges that she was let go from the company after speaking out about the discrimination she was experiencing. Following her termination, she published a blog post in which she detailed her experience with the company. In it, she asserts that “Pinterest’s female executives, even at the highest levels, are marginalized, excluded, and silenced.” The blog was met with resounding support from many women in the tech industry.\\nTwo other former Pinterest employees, Ifeoma Ozoma and Aerica Shimizu Banks, have also accused the company of gender and/or racial discrimination. Ozoma and Banks resigned from the company after being subject to pay inequality, racist and sexist comments, and retaliation. Like Brougher, they publicly spoke out against Pinterest after they quit. In August of this year, over 200 Pinterest employees staged a virtual walkout in solidarity with these former employees. They posted messages in an internal chat app expressing support for employees who have accused the company of gender and/or racial discrimination and then logged off, signaling a walkout. \\nResponses from Pinterest and Brougher \\nIn response to the allegations against Pinterest, a spokeswoman for the company said, “Pinterest has acted swiftly to make changes needed to ensure that all employees feel supported and included.” Some of these changes include opening an investigation into company culture and making salary information more transparent. The company also recently added two black females, Andrea Wishom and Salaam Coleman Smith, to its board of directors and hired a new head of inclusion and diversity. Lastly, Pinterest partnered with the NAACP to form an advisory council. \\n“I’m glad Pinterest took this very seriously,” Brougher said in response to these changes, hoping they are the first steps in improving the company’s work environment. Although she is pleased with the results of the settlement, Brougher knows there is a long way to go in achieving gender equality in the workplace. She stated that gender discrimination against working females will come to an end only when females in executive roles “are more the norm than the exception.” Brougher said, “I want more women to speak up, but more importantly, I want more women in the C-suite.”\\nSeek Legal Assistance Today \\nIf you are experiencing gender discrimination or retaliation in the workplace, contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last week, Pinterest agreed to settle a gender discrimination and retaliation lawsuit filed by former Chief Operating Officer Françoise Brougher for $22.5 million, making it one of the largest publicly announced, individual gender discrimination settlements. Pinterest and Brougher have agreed to donate the $22.5 million to charities and organizations that promote and fund education and&hellip;</p>\\n"},{"id":9155,"path":"/blog/wednesday-worklaw-alert-int-136-a-provides-further-legal-protection-for-independent-contractors-and-freelancers-in-nyc","slug":"wednesday-worklaw-alert-int-136-a-provides-further-legal-protection-for-independent-contractors-and-freelancers-in-nyc","modified":"2020-12-16T10:10:01","title":"Wednesday Worklaw Alert: Int. 136-A Provides Further Legal Protection for Independent Contractors and Freelancers in NYC","content":"Last October, New York City put Int. 136-A into place, a law that provides further legal protection for independent contractors and freelancers in NYC. The law allows for employment protections under the New York City Human Rights Law (NYCHRL) to be extended to independent contractors and freelancers, meaning that these workers can now bring harassment, discrimination, retaliation, and other complaints to the NYC Commission on Human Rights or file a lawsuit in court. The law went into effect in January of this year and has extended legal protection to over one million workers in NYC. \\nAccording to a JD Supra article, the new law can be read to extend additional legal protections provided by laws falling under the “umbrella” of the NYCHRL, including the Fair Chance Act and the Stop Credit Discrimination in Employment Act. The Fair Chance Act prohibits federal agencies and contractors from requesting criminal background information from job applicants before extending an offer, and the Stop Credit Discrimination in Employment Act makes it unlawful for employers to request any credit history from a job applicant before making an employment decision. The article also explains that “existing laws concerning reasonable accommodation and the cooperative dialogue requirement, including accommodation mandates related to pregnancy and lactation, as well as to victims of domestic violence, sex offenses, and stalking may also be interpreted as covering freelancers and independent contractors.” Lastly, the new law recommends, but does not require, that independent contractors and freelancers receive sexual harassment training. \\nWhat does Int. 136-A Mean for Employers, Independent Contractors, and Freelancers? \\nAs previously mentioned, this new law extends protections under the NYCHRL, which applies to employers with four or more employees. The law also provides updated information on how the number of employees should be calculated. According to Int. 136-A, employers must now include freelancers, independent contractors, interns, and any employed family members of the employer in the count. Employers should determine whether or not they meet the four employee criteria set forth in the new law. In light of this legislation, employers should also consider heeding the recommendation to provide freelancers and independent contractors with sexual harassment training. Lastly, employers should take into consideration a potential interpretation of the Int. 136-A that includes protections regarding criminal background information and credit history information to avoid potential lawsuits. \\nIndependent contractors and freelancers should be aware of the new changes in employment law enacted under Int. 136-A to ensure their rights are being protected. Earlier this year the New York City Commission on Human Rights released a fact sheet answering some commonly asked questions about the new law and providing clarification on certain issues. We recommend that employers, freelancers, and independent contractors all review this fact sheet. \\nSeek Legal Assistance Today \\nIf you are an employer seeking guidance in navigating this new legislation or an independent contractor or freelancer experiencing harassment, discrimination, or retaliation in the workplace, contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last October, New York City put Int. 136-A into place, a law that provides further legal protection for independent contractors and freelancers in NYC. The law allows for employment protections under the New York City Human Rights Law (NYCHRL) to be extended to independent contractors and freelancers, meaning that these workers can now bring harassment,&hellip;</p>\\n"},{"id":9144,"path":"/blog/evil-company-alert-amazon-accused-of-pregnancy-and-disability-discrimination-by-warehouse-worker","slug":"evil-company-alert-amazon-accused-of-pregnancy-and-disability-discrimination-by-warehouse-worker","modified":"2020-12-14T12:18:50","title":"Evil Company Alert: Amazon Accused of Pregnancy and Disability Discrimination by Warehouse Worker","content":"Last week, Amazon warehouse worker Michelle Posey filed a complaint with the Equal Employment Opportunity Commission (EEOC) accusing the company of pregnancy and disability discrimination in violation of the Americans with Disabilities Act and the Pregnancy Discrimination Act. Both of these pieces of legislation protect employees from discrimination on the basis of a disability or pregnancy. According to Posey’s filing, Amazon routinely either ignores or drags its feet in responding to requests for workplace accommodations. Additionally, she points out that the company handbook makes no mention of accommodations for pregnant women. Amazon has a no-fault attendance policy in place in which workers accrue points for unexcused absences or tardiness. Once an employee has a certain number of points, disciplinary action can be taken. In her filing, Posey claims that Amazon uses this policy to “push out” employees requiring workplace accommodations. \\nPosey’s Experience with Amazon \\nAs reported by a Law360 article, Posey began her employment with Amazon as a stower at their Oklahoma City warehouse. Her job involved standing next to a conveyor belt for 10 hours a day and lifting boxes that weighed up to 70 pounds. A month into her employment, Posey discovered she was pregnant. As she had previously had a difficult pregnancy, her doctor recommended that she not lift boxes heavier than 15 pounds and work shorter shifts. Posey claims Amazon informed her that the warehouse had no other open positions at the time that could meet her requests due to COVID-19 protocols, despite continuing to hire warehouse workers. Amazon made no effort to make any changes that would allow Posey to remain in her position. Because of this, she was forced to take an unpaid leave of absence. When she returned to work, she made another request for workplace accommodations due to her pregnancy that was also denied. She continued to lift heavy boxes at a rapid pace. As a result, she collapsed on the job from dehydration, at which point Amazon placed her on a short medical leave. \\nAfter this brief leave, Posey applied for a month-long medical leave. She remained home, believing that her request was being processed. In the meantime, she received notifications about missing shifts that resulted in a deduction of points allocated for unpaid time off. Amazon finally agreed to provide her with workplace accommodations in September, but she continued to be docked points for not working 10 hour shifts and eventually had to return to lifting boxes when staffing changes were made in the warehouse. Posey took another leave of absence due to her pregnancy and continued to have points deducted, even while on prepartum leave. Neither Amazon nor Posey and her attorneys have made any public statements about the EEOC filing. \\nSeek Legal Assistance Today \\nIf you are experiencing pregnancy or disability discrimination in the workplace, contact the Law Office of Christopher Davis today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last week, Amazon warehouse worker Michelle Posey filed a complaint with the Equal Employment Opportunity Commission (EEOC) accusing the company of pregnancy and disability discrimination in violation of the Americans with Disabilities Act and the Pregnancy Discrimination Act. Both of these pieces of legislation protect employees from discrimination on the basis of a disability or&hellip;</p>\\n"},{"id":9139,"path":"/blog/u-s-womens-national-team-reaches-settlement-with-u-s-soccer-regarding-travel-and-working-conditions","slug":"u-s-womens-national-team-reaches-settlement-with-u-s-soccer-regarding-travel-and-working-conditions","modified":"2020-12-10T12:21:00","title":"U.S. Women’s National Team Reaches Settlement with U.S. Soccer Regarding Travel and Working Conditions","content":"Claims filed by soccer players of the U.S Women’s National Team (USWNT) alleging worse travel accommodations and working conditions than the U.S. Men’s National Team (USMNT) have been settled according to court documents filed last week. As a result of this settlement, U.S. Soccer is amending its policies to include changes such as an equal number of charter flights for the men’s and women’s teams and an effort to have women’s matches played in top tier venues and on grass fields whenever possible. Female players had previously argued that they were forced to play in smaller venues and on artificial turf more often than the men’s team, pointing out that turf fields present a higher risk for serious injuries. While the legal claims regarding playing surfaces were discarded earlier this year, U.S. Soccer has now committed to providing grass fields “in almost all circumstances,” according to a Law360 article. Additionally, hotel accommodations for the men’s and women’s teams will have comparable budgets, and U.S. Soccer will work to ensure that the USWNT stays at high quality hotels. These changes will be added as amendments to the USWNTs collective bargaining agreement with U.S. Soccer. \\nResponse from U.S. Soccer \\nCindy Parlow Cone, president of U.S. Soccer and former member of the USWNT, expressed her excitement regarding the settlement, saying that “[t]his settlement … demonstrates the commitment of our new leadership to find a new way forward of working together with our partners and our players and calling it the “first step” in an effort to provide equitable support to both teams. Cone was named president in March when the federation reorganized its leadership following some controversy, including an argument made by its former legal team that the USMNT was paid more because men’s soccer requires more skill. \\nWhat’s Next for the USWNT? \\nMolly Levinson, a spokeswoman for the USWNT, echoed Cone and said, We are pleased that the USWNT Players have fought for — and achieved — long-overdue equal working conditions.” However, the team is far from done in their battle for equal rights. On International Womens Day in March 2019, the USWNT memorably filed suit against U.S. Soccer for gender discrimination. In May of this year, U.S. District Judge R. Gary Klausner nixed most of the USWNT arguments for pay discrimination, leaving only claims regarding travel and accommodations. Levinson recently stated, We [USWNT] now intend to file our appeal to the courts decision, which does not account for the central fact in this case that women players have been paid at lesser rates than men who do the same job. The USWNT is now moving to appeal the Ninth Circuit to revive their claims under Title VII and the Equal Pay Act. These claims stipulate that, despite holding a more impressive record that includes a 2019 FIFA Womens World Cup win, the women’s team is paid less than the men’s team because they are females. Read our previous blog post on the USWNT for a more in-depth explanation of the gender pay disparity. \\nSeek Legal Assistance Today \\nIf you are experiencing gender discrimination in the workplace, contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Claims filed by soccer players of the U.S Women’s National Team (USWNT) alleging worse travel accommodations and working conditions than the U.S. Men’s National Team (USMNT) have been settled according to court documents filed last week. As a result of this settlement, U.S. Soccer is amending its policies to include changes such as an equal&hellip;</p>\\n"},{"id":9131,"path":"/blog/wednesday-worklaw-alert-new-jersey-severance-agreement-checklist","slug":"wednesday-worklaw-alert-new-jersey-severance-agreement-checklist","modified":"2020-12-09T11:21:10","title":"Wednesday Worklaw Alert: New Jersey Severance Agreement Checklist","content":"A severance agreement is a contract between you and your employer that outlines each of your responsibilities and rights when you are terminated from your job. Oftentimes, severance agreements are worded in ways that benefit the employer at the cost of the employee. An employment lawyer can assist in reviewing your severance agreement and, if necessary, negotiate the terms with your employer to ensure you know your rights and are maximizing your benefits. \\nWhat should I look for in a severance agreement? \\n\\nGeneral release of all claims: Make sure you do not sign an agreement that takes away your ability to file claims, such as whistleblower or workers’ compensation. \\nContinuing health coverage: Check that your agreement provides for health insurance to bridge the gap until you find new employment, such as COBRA. \\nReferences: Ensure your employer is contractually bound to provide references to future employers. \\nMutual non-disparagement: Make sure that if you are agreeing not to disparage your former employer, they are also agreeing not to disparage you. \\nSeverance amount: Review the total package and ensure that it is sufficient to sustain you until you are able to find new employment. Sometimes, employers provide a low amount with the expectation that employees will negotiate it. \\nReason for termination: Make sure you do not sign an agreement that lists your reason for termination as something that will prevent you from collecting unemployment. \\nNon-compete clause: Check the agreement for any non-compete clauses that are more restrictive than any you signed at the start of your employment. \\nMutual releases: Ensure that if you are releasing your employer, your employer is also releasing you. \\n\\nSeverance in New Jersey and Related Laws \\nNew Jersey state labor and employment laws provide a great deal of protection to employees facing termination. In New Jersey, if you have been fired under work circumstances that suggest discrimination, you may have rights protected under the New Jersey Law Against Discrimination (NJLAD). The NJAD applies to all employers regardless of the number of people they employ, a significant difference from some federal anti-discrimination laws. Additionally, unlike other states, New Jersey recognizes common-law claims of wrongful termination in violation of public policy. An employee must show that their termination violated a “substantial” New Jersey public policy, such as serving on a jury or refusing to violate laws. Lastly, New Jersey has a very strong whistleblower law called the Conscientious Employee Protection Act (CEPA). The CEPA provides protection to employees who engage in actions such as disclosing or refusing to partake in employer activity that may be illegal or fraudulent or providing testimony before a public body investigating their employer. \\nSeek Legal Assistance Today \\nIf you would like your severance agreement reviewed or negotiated, seek legal assistance from the Working Solutions Law Firm. We are pleased to announce the opening of our New Jersey office, located at 354 Eisenhower Pkwy Building 2 Suite 2775, Livingston, NJ. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A severance agreement is a contract between you and your employer that outlines each of your responsibilities and rights when you are terminated from your job. Oftentimes, severance agreements are worded in ways that benefit the employer at the cost of the employee. An employment lawyer can assist in reviewing your severance agreement and, if&hellip;</p>\\n"},{"id":9128,"path":"/blog/free-age-discrimination-consultation","slug":"free-age-discrimination-consultation","modified":"2020-12-04T11:05:38","title":"Free Age Discrimination Consultation!","content":"","excerpt":""},{"id":9103,"path":"/blog/wednesday-worklaw-alert-new-jersey-unpaid-wages-and-overtime-a-guide-to-recent-changes-to-nj-wage-law","slug":"wednesday-worklaw-alert-new-jersey-unpaid-wages-and-overtime-a-guide-to-recent-changes-to-nj-wage-law","modified":"2020-12-02T15:37:14","title":"Wednesday Worklaw Alert: New Jersey Unpaid Wages and Overtime – A Guide to Recent Changes to NJ Wage Law","content":"In August 2019, acting Governor Oliver signed the New Jersey Wage Theft Act, or WTA, into law, effectively making New Jersey’s wage and hour laws some of the most stringent in the nation. The WTA’s strict penalties for wage and hour violations are especially important for both employers and employees to consider as businesses begin to reopen in the midst of the COVID-19 health crisis. Notably, the WTA does not contain a provision that offers protection for employers due to financial hardships brought about by the pandemic. Some of the act’s key parts include enhanced damages for employees, a presumption of retaliation, a lengthened statute of limitations for wage claims, and a broader definition of “employer.” \\nThe enhanced damages provision provides for liquidated damages up to 200% as well as any wages owed to the employee. Presumption of retaliation means that if any sort of negative action, such as a write up, is taken against an employee within 90 days of that employee filing a complaint, the court presumes it to be a retaliatory action on the part of the employer. Retaliation is yet another legal claim for which an employee may recover financial compensation. The statute of limitations for wage claims has been extended to six years rather than two years. This change means that employees now have a significantly longer time to file their claims against employers who violate this law. Lastly, the term “employer” now signifies any successor entity or firm of the employer, which allows these entities to be held accountable for any violations. All of these provisions serve to further protect employees and encourage stricter compliance from employers.\\nWhat does this New Jersey law mean in practice? \\nA recent Law.com article discussed some recommendations regarding WTA compliance for employers attempting to reopen amidst COVID-19. Some important considerations include notifying employees in advance about wage changes, being mindful of retaliation when making cuts, and paying remote employees properly for all hours worked, including overtime wages. In our firm’s experience, employers who take proactive and early steps towards legal compliance face fewer legal complaints than employers who fail to do so. Conversely, employees should also be aware of their wage rights as they return to work. All employees have the right to be properly compensated for reporting time, any work done remotely, and overtime. \\nSeek Legal Assistance Today \\nOur firm is dedicated to assisting both employers and employees as they reopen their businesses or return to work during the pandemic. We are pleased to announce the opening of our New Jersey office, located at 354 Eisenhower Pkwy Building 2 Suite 2775, Livingston, NJ. If you are an employer seeking legal assistance to safely reopen your business, an employee who feels their wage and hour rights are being violated, or have any questions regarding rights protected under the WTA, contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In August 2019, acting Governor Oliver signed the New Jersey Wage Theft Act, or WTA, into law, effectively making New Jersey’s wage and hour laws some of the most stringent in the nation. The WTA’s strict penalties for wage and hour violations are especially important for both employers and employees to consider as businesses begin&hellip;</p>\\n"},{"id":9118,"path":"/blog/evil-company-alert-managers-at-tyson-bet-money-on-how-many-employees-would-catch-covid-19","slug":"evil-company-alert-managers-at-tyson-bet-money-on-how-many-employees-would-catch-covid-19","modified":"2020-11-27T13:43:01","title":"Evil Company Alert: Managers at Tyson Bet Money on how many Employees would catch COVID-19","content":"Tyson Food, the second largest processor of chicken, beef, and pork in the world, is facing criticism after an employee’s family filed a wrongful death lawsuit. The lawsuit alleges that, when the pandemic was first spreading in the United States, managers bet money on the number of employees who would become sick with the virus. The family of Isidro Fernandez, an employee who died after working for Tyson during the pandemic, claims that he caught the virus while working at the plant.\\nAllegations Against Tyson\\nFernandez is one of at least five Tyson employees who died from the virus. Additionally, over 1,000 Tyson employees have contracted the virus thus far. One plant manager also allegedly referred to the virus as the “glorified flu” and told employees that “everyone is going to get it.” Other managers allegedly lied about having any COVID-19 cases within the plant and told workers they had a responsibility to keep working to ensure Americans didn’t go hungry during the pandemic. Finally, the lawsuit claims that Tyson failed to enforce pandemic workplace safety protocol, such as providing employees with personal protective equipment. Ultimately, the lawsuit concludes that Tyson’s actions constituted a “willful and wanton disregard for workplace safety.” The Occupational Safety and Health Act of 1970, enacted to prevent workers from dying or becoming seriously injured at work, is a federal law that requires employers to ensure a safe working environment. Tony Thompson, the local county sheriff, has said that the working conditions at Tyson’s plant shook him to the core.\\nTyson’s Response to Allegations\\nTyson’s President and CEO recently issued a statement in response to the lawsuit, saying “We are extremely upset about the accusations involving some of the leadership at our Waterloo plant. Tyson Foods is a family company with 139,000 team members and these allegations do not represent who we are . . . Our top priority is and remains the health and safety of our team members.” Tyson has also suspended the accused managers without pay while it conducts an independent investigation of the lawsuit’s claims. However, in court filings, Tyson’s lawyers have said that the company “vigorously disputes” the lawsuit’s claims and has “invested millions of dollars to provide employees with safety and risk-mitigation equipment.”\\nHow Could the Tyson Plant Stay Open During the Pandemic?\\nWhile many state governments ordered businesses to close during the early stages of the pandemic, Tyson’s lawyers also claim the company had to remain open when President Trump invoked the Defense Production Act in April. Tyson says that this Act, originally from the Korean-War area, allowed the President to order meat plants to remain open in order to protect the U.S. food supply throughout the pandemic.\\nSeek Legal Assistance Today\\nIf you have experienced an unsafe workplace during the pandemic, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Tyson Food, the second largest processor of chicken, beef, and pork in the world, is facing criticism after an employee’s family filed a wrongful death lawsuit. The lawsuit alleges that, when the pandemic was first spreading in the United States, managers bet money on the number of employees who would become sick with the virus.&hellip;</p>\\n"},{"id":9113,"path":"/blog/firm-opens-new-jersey-office","slug":"firm-opens-new-jersey-office","modified":"2020-11-27T11:43:31","title":"Firm Opens New Jersey Office","content":"The Working Solutions Law Firm is pleased to announce the opening of our New Jersey office, located at 354 Eisenhower Pkwy, Building 2, Suite 2775, Livingston, NJ. Our firm is proud of the work we have done for our clients in our New York Office, and we are excited to achieve successful results in New Jersey as well. We plan to continue to represent people with real workplace problems and help them find real working solutions. If you have faced issues in your New Jersey workplace, seek legal assistance today. The Working Solutions Law Firm can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Working Solutions Law Firm is pleased to announce the opening of our New Jersey office, located at 354 Eisenhower Pkwy, Building 2, Suite 2775, Livingston, NJ. Our firm is proud of the work we have done for our clients in our New York Office, and we are excited to achieve successful results in New&hellip;</p>\\n"},{"id":9096,"path":"/blog/wednesday-worklaw-alert-defamation-lawsuit-against-president-trump-to-move-forward","slug":"wednesday-worklaw-alert-defamation-lawsuit-against-president-trump-to-move-forward","modified":"2020-11-25T14:30:50","title":"Wednesday Worklaw Alert: Defamation Lawsuit Against President Trump to Move Forward","content":"Last Tuesday, a federal court denied the Justice Department’s attempt to block a defamation lawsuit filed by journalist E. Jean Carroll against President Trump. Carroll has accused Trump of raping her in a dressing room in the 1990s and published this account in her latest book. Trump has dismissed the allegations, denying ever meeting Carroll and claiming that she made up the incident in order to increase sales of her book. He also told reporters, “She’s not my type.” Carroll sued Trump last November for defamation of character, claiming that he publicly lied about having never met her. The DOJ sought to curb legal proceedings by substituting itself as the defendant in the case, as the federal government cannot be sued for defamation. They argued that Trump is an “employee” of the federal government. However, US District Judge Lewis Kaplan dismissed this argument in his opinion, allowing for Trump to be sued personally. The DOJ claimed that Trump’s comments about Carroll were within the scope of his official duties as president, which Kaplan also rejected, saying, while commenting on the operation of government is part of the regular business of the United States, commenting on sexual assault allegations unrelated to the operation of government is not. After this ruling, Carrolls case is set to move forward in federal court. \\nCarroll herself expressed relief after the ruling, saying When I spoke out about what Donald Trump did to me in a department store dressing room, I was speaking out against an individual, she said. When Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. Carroll’s lawyer, Roberta Kaplan, echoed her client, saying, The simple truth is that President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the Office of the President.\\nWhat the Law says about Defamation \\nIssuing untrue public statements, such as falsely calling accusers liars, can be illegal defamation. Defamation is a false statement of fact that is harmful to someone’s reputation. If there is malice motivating these statements, defamation can be pleaded. In the experience of our firm, those who defame are a breed of abusive employers who use the threat of public shaming as a means of control. They also often are recidivists who have been sued more than once for defamation. For instance, Trump has additionally faced defamation lawsuits filed by Summer Zervos and Stormy Daniels in regard to statements he made about alleged sexual relations with them. \\nSeek Legal Assistance Today \\nIf you have experienced defamation in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last Tuesday, a federal court denied the Justice Department’s attempt to block a defamation lawsuit filed by journalist E. Jean Carroll against President Trump. Carroll has accused Trump of raping her in a dressing room in the 1990s and published this account in her latest book. Trump has dismissed the allegations, denying ever meeting Carroll&hellip;</p>\\n"},{"id":9082,"path":"/blog/free-disability-discrimination-consultation","slug":"free-disability-discrimination-consultation","modified":"2020-11-19T17:27:51","title":"Free Disability Discrimination Consultation!","content":"Speak to an expert attorney for free!","excerpt":"<p>Speak to an expert attorney for free!</p>\\n"},{"id":9080,"path":"/blog/wednesday-worklaw-alert-sound-the-alarm-fdny-female-deputy-chief-faces-gender-discrimination-lawsuit","slug":"wednesday-worklaw-alert-sound-the-alarm-fdny-female-deputy-chief-faces-gender-discrimination-lawsuit","modified":"2020-11-18T15:09:04","title":"Wednesday Worklaw Alert: Sound the Alarm! FDNY Female Deputy Chief Faces Gender Discrimination Lawsuit","content":"FDNY EMT Margot Loth has filed a gender discrimination lawsuit in Manhattan Federal Court against her former superior Donna Tiberi, an FDNY Deputy Chief. Loth claims that she was mistreated by Tiberi after her appearance in the 2019 FDNY sexy Calendar of Heroes as Miss March. Proceeds from the sale of these calendars go to the FDNY Foundation, which funds CPR training, fire safety education for New Yorkers, and equipment for FDNY members. After her appearance in the calendar, Toth alleges that Tiberi called her a “calendar girl” in a condescending and degrading manner. \\nLoth’s attorney, Vincent White, spoke in defense of his client, saying, “The men in this calendar are celebrated as handsome heroes, not targeted and harassed. Jealousy and a double standard could end up costing New York City and the FDNY millions when they can least afford it.” Loth herself also spoke out on Facebook about her appearance in the calendar, saying, “I know some very strong and beautiful women from the previous calendars and they were such an inspiration to me. We are a force to be reckoned with in this Department. We are comfortable with our skills, strong, confident, and we look out for each other. We are opening doors and breaking glass ceilings, and I am proud to be a part of it.”\\nNot the First Accusation of Gender Discrimination for the FDNY Deputy Chief \\nAccording to the lawsuit, this scenario is not the first instance of gender discrimination Loth has experienced while working under Tiberi. The suit alleges that Tiberi also refused to approve Toth’s overtime pay and issued her false or unfair disciplinary infractions because of her gender. In one instance referenced in the lawsuit, Tiberi disciplined both Loth and a male partner for returning to the station before their shift had ended. While the male received a warning, Loth received a harsher punishment that led to an internal investigation. The lawsuit states, “Tiberi exhibits a pattern of reprimanding/targeting career-oriented and strong female subordinates in a way she does not to male[s].” Additionally, Loth has previously been a witness in a separate gender discrimination complaint filed against Tiberi. White believes that Tiberi has impeded the career advancement of female workers for her own benefit, claiming “The FDNY is a male-dominated place, only so much room for advancement for females in the workplace. There appears to be gender motivations from Tiberi for that reason.”\\nNeither the FDNY nor Tiberi have commented on the lawsuit. According to some FDNY sources, the FDNY Equal Employment Opportunity department investigated the gender discrimination claim, finding that it was unsubstantiated. \\nSeek Legal Assistance Today \\nIf you have experienced gender discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n \\n&nbsp;\\n&nbsp;","excerpt":"<p>FDNY EMT Margot Loth has filed a gender discrimination lawsuit in  Manhattan Federal Court against her former superior Donna Tiberi, an FDNY Deputy Chief. Loth claims that she was mistreated by Tiberi after her appearance in the 2019 FDNY sexy Calendar of Heroes as Miss March. Proceeds from the sale of these calendars go to&hellip;</p>\\n"},{"id":9070,"path":"/blog/partner-christopher-davis-quoted-in-monster-article","slug":"partner-christopher-davis-quoted-in-monster-article","modified":"2020-11-13T18:49:28","title":"Partner Christopher Davis Quoted in Monster Article","content":"Managing partner Christopher Q. Davis was quoted in an article published by Monster, the popular job search engine. Monster is a global employment website that helps connect job seekers with employers looking to hire. In an article about at-will employment and the shock of layoffs, Monster quoted Christopher saying “Most employees start jobs and no one ever thinks about what’s going to happen in the event of termination. The Monster article proceeds to provide information about legal protection during and after a layoff.\\nSeek Legal Assistance Today\\nIf you believe you have been laid off due to a protected status, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Managing partner Christopher Q. Davis was quoted in an article published by Monster, the popular job search engine. Monster is a global employment website that helps connect job seekers with employers looking to hire. In an article about at-will employment and the shock of layoffs, Monster quoted Christopher saying &#8220;“Most employees start jobs and no&hellip;</p>\\n"},{"id":9074,"path":"/blog/evil-company-alert-jfk-and-laguardia-airports-contractor-settles-religious-discrimination-lawsuit","slug":"evil-company-alert-jfk-and-laguardia-airports-contractor-settles-religious-discrimination-lawsuit","modified":"2020-11-12T22:59:18","title":"Evil Company Alert: JFK and LaGuardia Airports’ Contractor Settles Religious Discrimination Lawsuit","content":"The New York City Human Rights Commission (NYCCHR) recently settled a lawsuit against Pax Assist, a contractor for both JFK and LaGuardia airports. Pax Assist provides wheelchairs to airport passengers with disabilities. NYCCHR’s lawsuit alleged that Pax Assist religiously discriminated against Muslim employees when it refused to allow them breaks for daily prayer or for meals at nighttime during Ramadan. Additionally, employees complained that managers made derogatory comments about Muslims. Alleged discriminatory comments from managers include “we’ll give you a break on our time, not your time” and “we don’t care about Ramadan.”\\nJFK and LaGuardia Religious Discrimination Suit Settles\\nWhen the lawsuit was first filed in 2017, New York City Mayor Bill Deblasio responded, saying “now more than ever, it is important for everyone to stand up against discrimination and hate, and to protect the rights of Muslim Americans. This lawsuit went on until 2020 before reaching settlement. NYCCHR’s lead attorney, Jay Rehman, said, “there was enough evidence to be able to conciliate or settle the case. We had enough probable cause to determine that there was an infraction or a violation of the New York City Human Rights Law.” Following the settlement, Pax Assist will pay $17,500 in civil penalties, including up to $2,500 to an individual employee who faced religious discrimination. Pax Assist also will have to formulate new company policies about religious accommodation and conduct anti-discrimination training for all employees. \\nWhat does the Law Say about Religious Discrimination?\\nThere are federal, state, and city laws that prevent discrimination on the basis of religion. For example, Title VII of the Civil Rights Act of 1964 is a federal law that bans religious discrimination. Additionally, the New York City Human Rights Law prohibits discrimination “based on actual or perceived religion or creed.” Discrimination includes any term or condition of employment, including but not limited to hiring, firing, pay, promotion, and job responsibilities. Employers also have a duty to provide reasonable accommodations for religious employees. For example, a Muslim employee may request to wear a Hijab at work, a Jewish employee may request to not work on the Sabbath, or a Christian employee may request to not work on Christmas Day. Whether an accommodation is “reasonable” depends on several factors, including the specific employer in question. If you have been denied a religious accommodation or faced religious discrimination at work, you should speak with an experienced employment attorney. \\nSeek Legal Assistance Today\\nIf you have faced religious discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The New York City Human Rights Commission (NYCCHR) recently settled a lawsuit against Pax Assist, a contractor for both JFK and LaGuardia airports. Pax Assist provides wheelchairs to airport passengers with disabilities. NYCCHR’s lawsuit alleged that Pax Assist religiously discriminated against Muslim employees when it refused to allow them breaks for daily prayer or for&hellip;</p>\\n"},{"id":9059,"path":"/blog/wednesday-worklaw-alert-studies-show-asian-americans-suffer-increase-in-discrimination-due-to-covid-19","slug":"wednesday-worklaw-alert-studies-show-asian-americans-suffer-increase-in-discrimination-due-to-covid-19","modified":"2020-11-11T18:04:11","title":"Wednesday Worklaw Alert: Studies Show Asian Americans Suffer Increase in Discrimination due to COVID-19","content":"Recent studies have exposed a significant link between increased reports of racial discrimination towards Asian Americans during the pandemic and deteriorating mental health. Charissa S.L. Cheah, PhD, of the University of Maryland and her colleagues recently published a study in Pediatrics detailing the detrimental impact of increased racism brought on by COVID-19. Researchers conducted a survey of 543 Asian American parents and 230 of their children and wrote, “This study revealed that a high percentage of Chinese American parents and their children personally experienced or witnessed anti-Chinese or anti-Asian American racial discrimination both online and in person due to the COVID-19 pandemic.” \\nThe results of the survey speak for themselves; half of the participants reported at least one incident of racial discrimination related to the pandemic. A significant amount of participants also experienced racism online due to COVID-19. Lastly, over 75% of participants suffered indirect COVID-related racial discrimination, such as overhearing derogatory jokes or comments. Researchers included information linking this increase in racism to a corresponding decline in mental health in participants. While this study cannot prove that racial discrimination leads directly to poor mental health, it certainly has exposed a deeply upsetting relationship between the pandemic, racial discrimination, and mental health. \\nMore Evidence of Racial Discrimination Affecting Asian American Mental Health \\nOther studies have corroborated these findings. An editorial written by Tina L. Cheng, MD, of Johns Hopkins University and her daughter Alison M. Conca-Cheng, a medical student at Brown University, said that Cheah and her colleagues’ study supports recent findings that “4 in 10 Americans reported that it has become more common since COVID-19 for people to express racist views about Asian Americans.” \\nA new paper written by Washington State University researchers also substantiates these upsetting findings of COVID-related discrimination. Researchers at WSU surveyed over 400 Asian Americans and found that around 30% had experienced more discrimination during the pandemic than before it. They also found that around 40% of participants had noticed health impacts as a result of this discrimination. Sara Waters, an assistant professor at WSU, commented on the study, saying Some of those were very hard to read. One person described walking past a group of children who told her to go back to her country and called her Coronavirus. Another was threatened with a knife. Terms like kung flu and China virus were very common in responses.\\nSeek Legal Assistance Today \\nOur firm is dedicated to assisting any Asian American experiencing racial discrimination in the workplace, or any other type of workplace discrimination. The law defines discrimination as unfair or unequal treatment based on certain characteristics or protected statuses, such as race, gender, age, national origin, or religion. If you have been discriminated against on the basis of a protected status, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Recent studies have exposed a significant link between increased reports of racial discrimination towards Asian Americans during the pandemic and deteriorating mental health. Charissa S.L. Cheah, PhD, of the University of Maryland and her colleagues recently published a study in Pediatrics detailing the detrimental impact of increased racism brought on by COVID-19. Researchers conducted a&hellip;</p>\\n"},{"id":9046,"path":"/blog/free-severance-consult","slug":"free-severance-consult","modified":"2020-11-05T20:19:49","title":"Free Severance Consult!","content":"","excerpt":""},{"id":9041,"path":"/blog/wednesday-worklaw-alert-fast-food-and-franchise-favoritism-mcdonalds-faces-racial-discrimination-lawsuit","slug":"wednesday-worklaw-alert-fast-food-and-franchise-favoritism-mcdonalds-faces-racial-discrimination-lawsuit","modified":"2020-11-04T14:00:19","title":"Wednesday Worklaw Alert: Fast Food and Franchise Favoritism – McDonald’s Faces Racial Discrimination Lawsuit","content":"McDonald’s is currently facing a lawsuit seeking class action status that alleges racial discrimination against Black franchises. This lawsuit was filed last week in Illinois. The leading plaintiffs are two brothers, James Byrd Jr. and Darrell Byrd, who run four McDonald’s franchises in the Nashville, Tennessee area and are seeking up to $4-5 million in damages per store. The lawsuit is being filed on behalf of 186 other Black-owned franchises throughout the nation. Each individual franchise can choose whether or not to be a part of the class. There is a lot of fear amongst the current operators with regards to suing McDonalds. The class action provides some protection against those fears because all of the other class members are not specifically named,” said James L. Ferraro, an attorney with The Ferraro Law Firm who is representing the Bryd brothers. The firm is also representing former McDonald’s franchisees who filed a separate lawsuit in August alleging discrimination and racism and seeking a similar amount in damages.\\n \\nThe lawsuit filed by the Byrd brothers alleges that McDonald’s has sent Black franchises on financial suicide missions. It claims that McDonald’s has made these franchises less profitable, accusing the food giant of not giving Black franchises the same opportunities as White franchises by steering them towards inner city and low income neighborhoods with high overhead costs, such as insurance and security. Additionally, the Byrd brothers claim that Black franchises are forced to rebuild and renovate their stores at the franchise’s own expense in order to operate. The Bryd brothers were forced to sell or close multiple locations due to financial hardships brought about by this discriminatory treatment.\\n&nbsp;\\nMcDonald’s Response to Allegations \\n&nbsp;\\nMcDonald’s has denied the allegations of racism and discrimination brought forth in both lawsuits. Last month, they filed a motion to dismiss the August lawsuit and called the plaintiffs’ allegations “self-serving.” The fast food company publicly responded to the case, stating, “We are confident that the facts will show how committed we are to the diversity and equal opportunity of the McDonalds System, including across our franchisees, suppliers and employees.”\\n&nbsp;\\nIn regard to the most recent lawsuit, McDonald’s has once again dug in its heels and denied accusations of financially disadvantaging Black franchises. The company issued a statement defending its actions and emphasizing its continued commitment to equity, saying, McDonalds has invested significantly in each of their respective businesses after they ran into business difficulties caused by mismanagement of their organizations. We will defend against this lawsuit while we move forward with our priorities to foster equitable opportunity for franchisees, suppliers and employees.” McDonald’s suggested that it was the Byrd brothers’ “mismanagement of their organizations” that brought about financial difficulties, not any discriminatory action on the company’s part. This claim is addressed in court documents. The complaint states that the brothers, and other owners of Black franchises, “are not bad businesspeople, as McDonald’s has led them to believe.” Instead, they are victims of McDonald’s targeted discrimination against Black franchisees, which McDonald’s covered up during years of parity deals and false promises.\\n&nbsp;\\nIf you would like to read more about this story, you can visit:\\n\\nhttps://www.cbsnews.com/news/black-mcdonalds-former-franchisees-lawsuit-alleged-discrimination/\\nhttps://abcnews.go.com/Business/black-franchisees-sue-mcdonalds-alleging-racial-discrimination/story?id=73922911\\n\\n&nbsp;\\nSeek Legal Assistance Today \\n Our firm stands with the plaintiffs in these recent lawsuits against McDonald’s and strongly condemns racism and discrimination in the workplace and elsewhere.\\nIf you are experiencing discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>McDonald’s is currently facing a lawsuit seeking class action status that alleges racial discrimination against Black franchises. This lawsuit was filed last week in Illinois. The leading plaintiffs are two brothers, James Byrd Jr. and Darrell Byrd, who run four McDonald’s franchises in the Nashville, Tennessee area and are seeking up to $4-5 million in&hellip;</p>\\n"},{"id":9037,"path":"/blog/evil-company-alert-publisher-of-in-touch-weekly-and-u-s-weekly-accused-of-sexist-workplace-culture","slug":"evil-company-alert-publisher-of-in-touch-weekly-and-u-s-weekly-accused-of-sexist-workplace-culture","modified":"2020-10-30T20:27:44","title":"Evil Company Alert: Publisher of In Touch Weekly and U.S. Weekly Accused of Sexist Workplace Culture","content":"The publisher of several magazines targeted towards young women has been sued over allegedly having a sexist workplace culture. A360 Media publishes Us Weekly, In Touch Weekly, Life &amp; Style, and Star. Brittany Romano, a former commerce writer at A360 Media, filed a gender and disability discrimination action with the Equal Employment Opportunity Commission (“EEOC”). She alleged that her former employer has an abusive and sexist, all boy club culture. Romano’s suit, filed in New York, also alleges that a supervisor gave her menial duties on the basis of her sex. \\nMultiple Allegations of Discrimination against Publisher\\nRomano was not the only employee to accuse the publisher of sex discrimination. According to the lawsuit, at least two other female employees have complained to human resources about one supervisor. In addition to sex discrimination, Romano claims the publisher failed to accommodate her learning disabilities, ADHD and dyslexia. A spokesman for the publisher responded to these allegations and said they have received the complaint and will respond accordingly. Many readers of A360 Media’s magazines are concerned that this employer has a sexist workplace environment while simultaneously marketing their magazines towards young women. Do you think that a sexist workplace environment could ultimately result in sexist ideas published in these magazines?\\nDiscrimination Follows Employee To New Job Offer\\nRomano claimed that A360 Media’s discrimination has hurt her career even after leaving the sexist workplace. For example, she says the New York Post withdrew her job offer after her former supervisor at A360 Media convinced them not to hire her. Some people don’t realize that workplace discrimination can follow a person to multiple employers. This phenomenon is particularly true in a close-knit industry where different employers often communicate with one another. Based on Romano’s allegations, the media may be one of these close-knit industries.\\nWhat the Law Says About Discrimination in the Workplace\\nThere are federal and state laws that prohibit discrimination on the basis of certain protected categories. For example, Title VII of the Civil Rights Act of 1964, a federal law, prohibits workplace discrimination on the basis of sex. The Americans with Disabilities Act, another federal law, prohibits disability discrimination. Certain states have additional discrimination protections. For example, the New York State Human Rights Law also prohibits sex discrimination and disability discrimination in the workplace. Discrimination on the basis of protected categories is generally unlawful regarding any term or condition of employment, including but not limited to benefits, hiring, firing, pay, or job responsibilities.\\nSeek Legal Assistance Today\\nIf you have faced discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The publisher of several magazines targeted towards young women has been sued over allegedly having a sexist workplace culture. A360 Media publishes Us Weekly, In Touch Weekly, Life &amp; Style, and Star. Brittany Romano, a former commerce writer at A360 Media, filed a gender and disability discrimination action with the Equal Employment Opportunity Commission (“EEOC”).&hellip;</p>\\n"},{"id":9032,"path":"/blog/wednesday-worklaw-alert-southern-district-eeoc-makes-it-easier-to-dispose-of-discrimination-complaints","slug":"wednesday-worklaw-alert-southern-district-eeoc-makes-it-easier-to-dispose-of-discrimination-complaints","modified":"2020-10-28T18:46:49","title":"Wednesday Worklaw Alert: Southern District EEOC Makes it Easier to Dispose of Discrimination Complaints","content":"Alarming changes in the SDNY EEOC\\nThe Equal Employment Opportunity Commission, or EEOC, is tasked with investigating charges of discrimination against employers. The EEOC is currently extremely backlogged with cases. Recently, employment lawyers in New York have received a flurry of dismissals or non-action from southern district EEOC offices. This is due to a change in the way the EEOC processes cases that allows for them to be more easily transferred, without investigation, to other jurisdictions and agencies.\\nThis policy was finalized on Thursday, October 15. Previously, only more senior EEOC officers had the authority to transfer cases. Now, lower level officers such as supervisory investigators are able to do so. This has made it much easier for the Southern District EEOC to dispose of discrimination complaints and unload them onto other jurisdictions or agencies, such as the NYC Commission on Human Rights. As described in a Law360 article, “ . . . the agency is expanding the authority for dismissing and discharging cases to investigators in addition to office directors, who were previously the only ones with that authority. The EEOC contends the step will help free up office directors time for other enforcement efforts.”\\nPerceptive or Problematic?\\nMany fear that these procedural changes will do more harm than good and lead to the removal of important safeguards that prevent cases from being improperly transferred without investigation. It seems that these fears are warranted, as many employment lawyers in New York have noticed a worrying trend of dismissals and non-action.\\nIn our firm’s opinion, this change in procedure is problematic because other agencies are just as backlogged with discrimination cases as the EEOC. The solution to these problems is not to simply shift this burden onto other overloaded agencies or summarily turn away complainants without any attempt at investigation into their cases. Rather, the solution is to address the backlog in cases head-on instead of facilitating procedural changes that make it easier to idly pass responsibility. These new policies benefit the EEOC’s bureaucracy rather than the employees seeking legal assistance regarding discrimination in the workplace.\\nSeek Legal Assistance Today \\nIf you are experiencing discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Equal Employment Opportunity Commission, or EEOC, is tasked with investigating charges of discrimination against employers. The EEOC is currently extremely backlogged with cases. Recently, employment lawyers in New York have received a flurry of dismissals or non-action from southern district EEOC offices. This is due to a change in the way the EEOC processes&hellip;</p>\\n"},{"id":9029,"path":"/blog/follow-the-firm-on-instagram","slug":"follow-the-firm-on-instagram","modified":"2020-10-25T20:00:09","title":"Follow the Firm On Instagram!","content":"Follow our firm on Instagram to keep up to date with important firm news and the latest trends in employment law. Scan our code below to follow us! Heres how:\\n\\nOpen your phone camera on Instagram\\nHold your finger down over our code to focus your camera\\nFollow us!","excerpt":"<p>Follow our firm on Instagram to keep up to date with important firm news and the latest trends in employment law. Scan our code below to follow us! Here&#8217;s how: Open your phone camera on Instagram Hold your finger down over our code to focus your camera Follow us! &nbsp;</p>\\n"},{"id":9021,"path":"/blog/how-and-when-is-bullying-illegal-in-the-workplace","slug":"how-and-when-is-bullying-illegal-in-the-workplace","modified":"2020-10-19T18:05:10","title":"How and When Is Bullying Illegal in the Workplace?","content":"Is bullying illegal? The short answer is no. However, bullying in the workplace can constitute as unlawful harassment if it leads to a hostile work environment and/or if it is on the basis of a protected category, such as sex, race, religion, nationality. \\nWhat Is Bullying and How Is It Different From Harassment?\\nBullying is defined as a pattern of an undesired and aggressive behavior “that involves a real or perceived power imbalance.” Bullying can take verbal, social, and physical forms. According to the CCOHS bullying in the workplace includes verbal comments or actions in an effort to “mentally hurt or isolate a person in the workplace”. The recurring behaviour can go as far as offending, intimidating, or publicly berating an employee. Nevertheless, oftentimes it is difficult to distinguish bullying or harassment from “strong management.” For instance, bullying does not include comments made towards an employee for the purpose of providing useful feedback on their work performance. Contrastingly, if subjective comments or actions are repeatedly directed towards a specific employee on the basis of their sex, gender, race, religion, nationality, etc., that pattern may rise to the level of unlawful harassment if a court rules that it is “severe or pervasive” in the workplace. \\nWhat Are the Effects of Bullying in the Workplace?\\nOftentimes, repeated forms of bullying can lead to a hostile work environment as well as tension and uncomfort amongst co workers or between an employee and their supervisor. Also mentioned on CCOHS, bullying can negatively impact the overall “health” of a company by increasing stress and decreasing motivation and productivity. A survey conducted by the Workplace Bullying Institute in 2017 found that over 63% of employees in the US are aware of bullying within the workplace, 19% have witnessed the behavior, and 19% have been victims of bullying or are currently experiencing it. \\nCan Bullying Have Legal Consequences?\\nBased on the information above, it is first important to discern between bullying and harassment. It is not considered unlawful behavior if an employee or an employer is expressing a difference of opinion or is managing and offering feedback on a worker’s performance. However, according to the US EEOC, bullying behavior can be a form of harassment, unfair treatment, or discrmination under federal law if it is unwelcome conduct that is based on a protected category. If an employer is constantly belittling an employee’s opinions, removing their areas of responsibility, or deliberately making offensive and derogatory remarks, it can serve as a basis for a legal case. \\nSeek Legal Assistance Today \\nIf you have experienced harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Is bullying illegal? The short answer is no. However, bullying in the workplace can constitute as unlawful harassment if it leads to a hostile work environment and/or if it is on the basis of a protected category, such as sex, race, religion, nationality.  What Is Bullying and How Is It Different From Harassment? Bullying is defined&hellip;</p>\\n"},{"id":9018,"path":"/blog/evil-company-alert-new-york-restaurant-owner-physically-attacks-gay-worker","slug":"evil-company-alert-new-york-restaurant-owner-physically-attacks-gay-worker","modified":"2020-10-16T23:52:03","title":"Evil Company Alert: New York Restaurant Owner Physically Attacks Gay Worker","content":"Emilio’s Pizzeria &amp; Ristorante, located in Long Island, New York, is facing criticism after the owner reportedly insulted and physically attacked a gay employee. Michael Abenante had worked at Emilio’s as a waiter since 2017. Abenante, who identifies as gay, wore the wrong shoes to work in November 2019. In response to this mistake, the restaurant owner, Emilio Branchinelli, allegedly yelled “F—king f—got, I’ll murder you!” Then, Branchinelli allegedly kicked Abenante in the back and punched him in the face. Abenante lost a tooth due to this physical altercation with his boss. After this serious violation of his dignity and safety, Abenante never returned to work at Emilio’s.\\nGay Worker Harassed at Emilio’s\\nAccording to a recently filed federal lawsuit, Abenante suffered from discrimination and harassment based on his sexual orientation throughout his time working at Emilio’s. For example, his coworkers allegedly called him “culero” (a Spanish slur for gay), blew kisses at him, and slapped his behind without his consent. Although Abenante repeatedly complained to restaurant management about this harassment, his employer allegedly took no steps to stop it. Harassment is illegal in the workplace when it is on the basis of a protected category (such as being gay) and rises to the level of severe or pervasive. \\nFemale Employee Harassed at Emilio’s\\nIn addition to Abente’s harassment on the basis of being gay, the lawsuit alleges that a female employee also faced harassment. Sabrina Kozminsky started working as a waitress at Emilio’s in 2019. While at work, she allegedly experienced sexual harassment, including non-consensual groping and comments from coworkers like “I wanna put a baby inside you.” Her direct supervisor was Lena Branchinelli, the daughter of the restaurant owner who allegedly attacked Abenante. Kozminsky claims that her supervisor did not take action to stop the harassment after her complaints. \\nShould There Be A Corporate Death Penalty for Evil Companies?\\nSome employment law experts suggest that there should be a corporate death penalty for the worst offenders of workers’ rights. For example, the Equal Employment Opportunity Commission could enforce a “three strikes” law that increases corporate penalties with each violation. Then, the worst businesses would no longer be allowed to continue operating after 3 strikes of illegal and severe behavior. Do you think that corporations should still be allowed to operate when there is severe harassment in the workplace? How do you think the law should protect workers from physical abuse in the workplace?\\nSeek Legal Assistance Today\\nIf you have faced harassment in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Emilio’s Pizzeria &amp; Ristorante, located in Long Island, New York, is facing criticism after the owner reportedly insulted and physically attacked a gay employee. Michael Abenante had worked at Emilio’s as a waiter since 2017. Abenante, who identifies as gay, wore the wrong shoes to work in November 2019. In response to this mistake, the&hellip;</p>\\n"},{"id":9010,"path":"/blog/olive-garden-serves-unlimited-soup-salad-and-racism-racist","slug":"olive-garden-serves-unlimited-soup-salad-and-racism-racist","modified":"2020-10-10T12:34:25","title":"Olive Garden Serves Unlimited Soup, Salad, and Racism","content":"Amira Donahue, 16 years old, works as a hostess at Olive Garden in Evansville, Indiana. Amira was serving a table during a normal Saturday night dinner rush when something horrible happened. Her table asked Amira for hot water, and immediately after, the customers bursted into a racist tirade. The table publicly expressed that they preferred a white server over Amira, who is African American. The manager complied with the customers’ request and reassigned a new white server to the table. Afterwards, one woman at the table made comments about Amira to one of Amira’s coworkers. Amira later recounted to a reporter what this woman expressed, “saying that I am not family-friendly, that I should work at a strip club instead of an Olive Garden, that am I even black, am I from here, am I from America — just offhand comments like that. And referring me to ‘the other one.’” Maxwell Robbins, a bystander dining at a nearby table, took to Facebook to expose what had happened to poor Amira.\\nOlive Garden’s Response\\n  The Olive Garden spokesperson, Meagan Bernstein, placed a statement in the Washington Post that said: “We have zero tolerance for discrimination of any kind, and the manager involved no longer works for our company. We completed our investigation on Monday. As a result of our investigation, we made the decision to separate with the manager involved.” The hostile, public statements made to Amira and the request for a new server on the basis of race are racist. The manager set a precedent to employees that customers’ racism will be tolerated in his establishment when he complied with the table’s wishes. Even with this public statement denouncing discrimination, the manager’s willingness to switch servers on the basis of race shows that Olive Garden likely has more work to do in order to achieve racial equality in its workplace.  \\nThe Aftermath of the Racist Activity\\n  Olive Garden’s slogan is “When you’re here, you’re family.” Clearly, Olive Garden must do a better job of including all parts of our American family at the table. Racism should never be allowed. Amira will live with this experience of unjust discrimination for the rest of her life. In this day and age, the fact that racism could have gone undisputed if the bystander hadn’t posted on social media is despicable. The local NAACP chapter president said that he was appalled with the racist activity and planned to investigate further. Amira’s final statement was, “It’s 2020, not 1920, and I feel like in 2020 we should be over this. Something should have been done, and it will take more than social media to get a problem like this out there.”\\nSeek Legal Assistance Today\\nIf your rights as a restaurant server or hostess have been violated, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>         Amira Donahue, 16 years old, works as a hostess at Olive Garden in Evansville, Indiana. Amira was serving a table during a normal Saturday night dinner rush when something horrible happened. Her table asked Amira for hot water, and immediately after, the customers bursted into a racist tirade. The table publicly expressed that they&hellip;</p>\\n"},{"id":9007,"path":"/blog/5-ways-to-protect-your-rights-as-a-flat-rate-contract-driver","slug":"5-ways-to-protect-your-rights-as-a-flat-rate-contract-driver","modified":"2020-10-02T17:59:09","title":"5 Ways To Protect Your Rights As A Flat Rate Contract Driver","content":"Too often, large employers violate the workplace rights of flat rate contract drivers. The good news is that these drivers are winning lawsuits around the country to get back their rightfully earned wages. If you are a flat rate contract driver, keep reading to learn how you can protect your rights now so that you may have a more successful lawsuit in the future. \\n1. Keep Your Receipts\\nKeep all of your receipts for any work-related expenses. Flat rate contract drivers often use their own vehicles for work, which can result in these types of costs. For example, common expenses are fuel costs or vehicle repairs. If you later bring a lawsuit, your employer might have to reimburse you for work-related costs that you had to pay for in order to do your job. So, you should keep receipts to have a detailed record of how much your employer owes you.\\n2. Keep A Journal Of Your Time\\nKeep a detailed record of all of your work hours that includes both dates and times. This record will be important evidence if your employer hasn’t paid you properly. For example, in a lawsuit, you might be able to recover any unpaid wages, such as overtime payments. Make sure to include in this journal any time that you spend on work-related duties, even if your employer doesn’t consider you “on-the-clock.” Flat rate contract drivers can also recover unpaid wages for “off-the-clock” work they perform. \\n3. Complain In Writing\\nBased on your detailed time record, complain to your employer in writing if you haven’t been paid properly. It’s important that you put any complaints in writing because you don’t want your employer to lie in a lawsuit and say that you never complained. Some employees are afraid to complain because they don’t want to risk losing their job. However, you should know that if an employer takes adverse action against you for sticking up for your rights, you may also have yet another legal claim against your employer: retaliation.\\n4. Keep Hard Copies of Company Policies\\nKeep hard copies of any company policies distributed to you during your employment. For example, company policies are usually found in employee handbooks or training manuals. This information is important evidence for a future lawsuit because sometimes employers list illegal practices in these documents. For example, an employer may list an illegal “no overtime pay” policy in a company handbook. This evidence would greatly strengthen your own improper pay allegations against your employer.\\n5. Seek Legal Assistance Today\\nIf your rights as a flat rate contract driver have been violated, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Too often, large employers violate the workplace rights of flat rate contract drivers. The good news is that these drivers are winning lawsuits around the country to get back their rightfully earned wages. If you are a flat rate contract driver, keep reading to learn how you can protect your rights now so that you&hellip;</p>\\n"},{"id":9002,"path":"/blog/teacher-gets-fired-for-wearing-black-lives-matter-face-mask-in-school","slug":"teacher-gets-fired-for-wearing-black-lives-matter-face-mask-in-school","modified":"2020-10-01T18:21:58","title":"Teacher Gets Fired For Wearing “Black Lives Matter” Face Mask In School","content":"Great Hearts Western Hills, a public charter school in San Antonio, Texas, faced intense criticism after firing an employee for wearing a Black Lives Matter face mask to work. According to a CNN article, Lillian White, an art teacher at the school, lost her job for wearing a face mask that displayed “Silence is Violence” and “Black Lives Matter” messages across the front. Considering the current social movement surrounding racial issues in the country, White explained that she wanted to show her support for her Black students and fellow faculty members. The school, however, had a different reaction than White expected. \\nThe School’s Response to White’s BLM Face Mask\\nAccording to the article, Great Hearts reopened in the summer for in-person workdays for teachers and some faculty. White told CNN that after wearing her mask for two weeks, she received a message from an administrator telling her that she should stop wearing her mask because the school does not “discuss the current political climate on campus” and out of fear of how parents will react. White, however, continued to wear her mask to work until she was terminated a month later. The superintendent gave a statement to CNN saying the school’s decision was simply made about “policy and not the Black community” and that Great Hearts stands against racism and injustice. \\nWhite refused to stop wearing her mask because she believes “this is a human rights issue” and out of consideration for the racial injustice that her students experience in school. An example of this is in the achievement gap between white and black students in schools. She understood the risk she was taking by not following the school’s rule but realized that the injustice at hand was far greater. While she received support from some of her colleagues at the school, White mentioned that no one defended her when she was fired. \\nLaws on Freedom of Expression in Schools \\nEmployees have the right to exercise their First Amendment rights by wearing expressive clothing in school as long as it “doesn’t disrupt the functioning of the school or violate the school’s content-neutral policies,” according to the ACLU Texas website. This constitutional standard is also upheld throughout New York public schools. Although schools have the right to regulate speech, it is further highlighted on the website that the term “disruptive” cannot be justified in a context where school officials simply disagree with a particular teacher or student’s stance. So, in order to be “content-neutral,” a school policy must ban all politically-charged speech rather than only banning certain viewpoints. In White’s case, students had not yet returned to school. Apart from social media comments from some parents, her supporters argue that her face mask was not offensive and did not give rise to “substantial disruption or prompted drug use” like the law entails.\\nSeek Legal Assistance Today \\nIf you were wrongfully terminated from your job, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Great Hearts Western Hills, a public charter school in San Antonio, Texas, faced intense criticism after firing an employee for wearing a Black Lives Matter face mask to work. According to a CNN article, Lillian White, an art teacher at the school, lost her job for wearing a face mask that displayed “Silence is Violence” and&hellip;</p>\\n"},{"id":8997,"path":"/blog/mother-of-all-evil-company-alerts-heroic-father-fired-after-saving-his-children-from-shooting-in-the-bronx","slug":"mother-of-all-evil-company-alerts-heroic-father-fired-after-saving-his-children-from-shooting-in-the-bronx","modified":"2020-09-27T18:17:08","title":"Mother of All Evil Company Alerts: Heroic Father Fired After Saving His Children From Shooting in the Bronx","content":"Anthony Jefferson was shopping at On the Road Automotive Group, a car dealership in the Bronx, to buy his wife a car for her birthday when something horrific happened. Three armed suspects fired several shots into the car dealership. Jefferson quickly shielded his children, aged six, five, and two, from the bullets with his body. While protecting his children, Jefferson was shot three times in the legs. None of Jefferson’s children were injured due to his heroism. The NYPD is still searching for the perpetrators of this shooting. The NYPD said that after the shooting, the suspects stole a green Honda Civic with Georgia plates and fled north. While most New Yorkers would admire a fathers act of bravery in this terrifying situation, his employer had a different response.\\nHeroic Father Fired After Saving His Three Children in the Bronx\\nBefore the shooting, Jefferson worked two jobs in New York: he was the head painter at a maintenance company and a construction worker. After the shooting, both employers fired Jefferson because of his temporary inability to walk due to his injuries. Jefferson has not revealed the names of the specific companies he worked for. However, a friend of Jefferson’s started a GoFundMe Page to help pay for Jefferson’s medical bills and therapy for his children who were traumatized by the shooting. Jefferson’s children have since been afraid to go outside and asked questions like why did the man shoot my daddy? The fundraising page originally set a $24,100 goal amount and has since raised over $270,000. \\nWhat Does the Law Say About Disability Rights in the Workplace?\\nWhen an employee gets severely injured and becomes disabled, he or she has certain legal protections in the workplace. Under the Americans With Disabilities Act, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. This law requires employers to make “reasonable accommodations” for disabled employees. Reasonable accommodations are workplace changes that allow disabled employees to continue to work to the best of their ability. Although not all accommodations are reasonable, employers must at least engage in a discussion about reasonable accommodations when a disabled employee needs one. For example, an employee may ask for time off to attend doctors appointments or to sit rather than stand while at work. Whether these accommodations are reasonable will depend on a number of factors. If you think your employer has committed disability discrimination, then you should speak to an experienced employment attorney.\\nSeek Legal Assistance Today\\nIf you have experienced disability discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Anthony Jefferson was shopping at On the Road Automotive Group, a car dealership in the Bronx, to buy his wife a car for her birthday when something horrific happened. Three armed suspects fired several shots into the car dealership. Jefferson quickly shielded his children, aged six, five, and two, from the bullets with his body.&hellip;</p>\\n"},{"id":8991,"path":"/blog/apple-accused-of-violating-wage-and-labor-laws-of-its-chinese-employees-abroad","slug":"apple-accused-of-violating-wage-and-labor-laws-of-its-chinese-employees-abroad","modified":"2020-09-25T14:12:13","title":"Evil Company Alert: Apple Accused of Violating Wage and Labor Laws of its Chinese Employees Abroad","content":"In an article published in The Washington Post, Apple, a multinational technology company, was accused of wage and labor violations in Chinese factories. A non-profit advocacy group named China Labor Watch accused Apple of the labor violations, “including withholding bonus payments, rolling back safety training and employing more temporary workers than China’s laws allow.” According to the article, these reports were found after investigators worked undercover at the biggest iPhone factory in Zhengzhou, China. Unfortunately, this instance is not the first time Apple was accused of infringing its international workers’ rights. Just two years ago, workers from Suquian, China described the harsh conditions of the factory. For example, employees in Suquian claimed they had to stand for 10 hours a day and work with toxic chemicals without proper protective equipment. \\nWhat Are Some of the Allegations Against Apple?\\nWhen Lori Lodes, Apple’s spokeswoman, was asked about the labor law violations in the Zhengzhou factory, she denied most of the accusations but confirmed that the number of contract workers the company hired was more than 10 percent, which is what the Chinese law permits. A spokeswoman for Foxconn, Apple’s manufacturer, also denied allegations such as withholding bonuses and forced labor. The report, however, stated that Apple exploited its Chinese workers to “absorb costs associated with tariffs placed on its products” and included that several workers from the factory complained about exposure to toxic chemicals, verbal abuse, and forced labor. \\nSome of these assertions are similar to the complaints expressed at the Suquian factory. Workers explained that they stand for over 10 hours, do not have access to protective gear such as goggles while handling chemicals, and work in shops without enough fresh air. One employee, who only gets paid two dollars an hour, said that her “hands turned bloodless white after a day of work”. Most of the employees who spoke out about these conditions requested to have their identities kept private in fear of retaliation. \\nHow Has Apple Responded?\\nTen years ago, the trillion-dollar global company also faced criticisms for the poor treatment of workers after a number of its employees committed suicide. Since then, Apple has hired psychological counselors and built large safety nets to the factory buildings to prevent additional deaths. Nevertheless, as for the more recent complaints, Apple has denied most of the allegations and has not publicly offered concrete solutions or has taken active steps to resolve the problems its international employees are experiencing while working at their factories. \\nSeek Legal Assistance Today \\nIf you have experienced wage violations or unfair treatment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In an article published in The Washington Post, Apple, a multinational technology company, was accused of wage and labor violations in Chinese factories. A non-profit advocacy group named China Labor Watch accused Apple of the labor violations, “including withholding bonus payments, rolling back safety training and employing more temporary workers than China’s laws allow.” According to&hellip;</p>\\n"},{"id":8984,"path":"/blog/wage-theft-during-the-pandemic","slug":"wage-theft-during-the-pandemic","modified":"2020-09-24T13:14:03","title":"Wage Theft During the Pandemic","content":"During times of economic recession, both unemployment and wage theft rates rise. Wage theft occurs when an employer refuses to compensate an employee the rightful amount for time worked. Examples of wage theft are paying someone less than minimum wage, or promising an amount of money and paying only half of that amount. Statistically speaking, industries such as construction, retail, food service, and domestic work have the highest amount of wage theft cases.\\nAs the pandemic progresses, less money flows into these industries and employers feel pressured to make ends meet. One way to edge out their competition is to spend less money on their employees. The competitors then feel pressured to cut their own employee’s wages just to stay afloat. This pressure creates an environment where wage laws and employees are too often disrespected. Many workers during a recession value job security more than wage justice. These employees would rather keep the smaller wages than file a complaint because smaller wages are still better than no wages at all. Many of these employees also feel that their employer may retaliate against them if they file a complaint. Unfortunately, the government tends to inspect cases only when a complaint is filed. With a lack of complaints, many companies will get away with infringing on their employees’ rights during a recession.\\nExamples of Wage Theft Today \\nKymani Hill has spoken out about wage theft in a Chicago restaurant. He says that when profits stopped flowing into the restaurant during the pandemic, his wages were cut significantly. Mr. Hill says he was paid as little as 8 to 10 dollars a night. Chicago minimum wage is $14 an hour for employers who have over 21 employees. This wage theft is an egregious violation of minimum wage standards. Another example of wage theft happened recently in New York. The New York Attorney General, Letitia James, recently settled a case against Cathay Express Transportation, Inc., an ambulette company, over failure to pay employees for overtime. The New York Attorney General recovered $250,000 for the employees impacted by this overtime violation. \\nWage Theft Laws in New York\\nNew York passed the Wage Theft Prevention Act in 2011, which mandated that employers give a written wage rate notice to each new hire. Wage notices must include: rate of pay; overtime rate of pay; whether the employee is paid by the week, hour, day, shift or commission; regular payday; employer’s principal address and phone number; and any allowances taken out of his or her paycheck. Some examples of allowances are meals, tips, or lodging deductions.\\nSeek Legal Assistance Today\\nIf you think you are a victim of wage theft, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>During times of economic recession, both unemployment and wage theft rates rise. Wage theft occurs when an employer refuses to compensate an employee the rightful amount for time worked. Examples of wage theft are paying someone less than minimum wage, or promising an amount of money and paying only half of that amount. Statistically speaking,&hellip;</p>\\n"},{"id":8978,"path":"/blog/exercising-your-first-amendment-right-in-the-midst-of-social-change","slug":"exercising-your-first-amendment-right-in-the-midst-of-social-change","modified":"2020-09-23T20:41:09","title":"Exercising Your First Amendment Right in the Midst of Social Change","content":"The deaths of George Floyd and Breonna Taylor, among many others at the hands of police, have motivated a series of social change. More people have become aware of injustices and inequalities that exist within the country and have become more conscious, vocal, and active agents of change. Conversations that would normally be seen as “uncomfortable” are now encouraged in the workplace, in schools, and even in professional sports. This social change has prompted individuals to become more involved in social justice issues. From NBA players kneeling before the start of their games, to protests that have been taking place all around the country, including New York, individuals are promoting social and institutional change by exercising their first amendment rights. \\nFirst Amendment rights in the Workplace\\nThe series of protests around the country and in other parts of the world have shown the large number of individuals who are committed to being a part of the conversation. At protests, people have carried around pictures of Floyd and Taylor, alongside posters with powerful written messages that illustrate frustration as well as people’s support of their Black peers. In particular, employees have also engaged in demonstrations wearing BLM attire to their workplaces. A previous article published on our website discussed Starbucks employees who wore pins and shirts in support of Black Lives Matter movements. \\nThis era has induced employers to become more understanding and sensitive to their employees’ values. In an article published on Bradley, employers are more accepting and encouraging of their employees’ participation in these movements while ensuring that the workplace is a safe and inclusive environment for all. Although employees can get involved in political rallies and demonstrations, they also have to be mindful of fulfilling the responsibilities of what their job entails. Contrastingly, employers play an important role in supporting and protecting their employees’ political and social involvement, while providing fair and equal treatment to all of their workers.\\nLaws on Free Speech and Political Engagement \\nWhile employees can participate in rallies and engage in political speech, they must be in agreement with the law, such as making sure the gatherings are peaceful and that their speeches are not “profane, defamatory, or malicious against the company or its managers.” In addition to the First Amendment of the U.S. constitution, the National Labor Relations Act protects the rights of both employees and employers. According to the NLRA, employees have the liberty to participate in activities for “collective bargaining” for the purpose of “mutual aid or protection.” Employers also have the duty to “curtail practices that can harm the general welfare of workers.” \\nSeek Legal Assistance Today \\nIf you have experienced discriminatory treatment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The deaths of George Floyd and Breonna Taylor, among many others at the hands of police, have motivated a series of social change. More people have become aware of injustices and inequalities that exist within the country and have become more conscious, vocal, and active agents of change. Conversations that would normally be seen as&hellip;</p>\\n"},{"id":8975,"path":"/blog/arbitration-or-frankenstein-have-employers-created-a-monster","slug":"arbitration-or-frankenstein-have-employers-created-a-monster","modified":"2020-09-18T01:24:40","title":"Arbitration or Frankenstein: Have Employers Created A Monster?","content":"Arbitration is a private form of dispute resolution where conflicting parties choose a third party to resolve a dispute. Rather than filing a lawsuit in court, parties in arbitration privately resolve a conflict behind closed doors. Employers first created this process to lower legal costs and hold disputes in a venue that might be more sympathetic to them. For example, some employers think that arbitrators, who may be retired judges or business people, are more impartial than typical jurors and less likely to be influenced by emotion in rendering a decision.\\nIs Arbitration Employers’ Frankenstein?\\nIn Mary Shelley’s classic novel, Frankenstein, a young scientist creates a humanoid creature that turns out to be a monster. Recently, those in the legal field have been questioning whether employers also unknowingly created a monster with the innovation of arbitration disputes. Some employment lawyers have started to file mass arbitration claims for thousands of employees at once. For example, last summer, lawyers hit DoorDash with roughly 2,250 employee claims in one day. According to federal court documents, DoorDash was “scared to death” at this onslaught of claims. Some employers may not be equipped to handle a sudden increase in arbitration demands.\\nWill Employers Try To Destroy Their Own Creation?\\nIn response to increasing arbitration claims, some employers are now thwarting their own creation altogether. For example, some companies have refused to pay dispute fees so that claims may not proceed. Labor rights groups have previously criticized the arbitration process as unfair for employees. Yet, in 2011, the Supreme Court upheld that arbitrations are a lawful way for employers to resolve disputes (see AT&amp;T Mobility LLC v. Concepcion). While employers have upheld arbitration as an ideal form of dispute resolution for decades, increasing claims may mean this creation’s demise. Time will tell if employers decide to forgo arbitration altogether or modify the system so that they can more effectively deal with increasing claim volume.\\nCan Employers Make Employees Sign Arbitration Agreements?\\nWhile your employer typically can’t force you to sign an arbitration agreement, you could face severe consequences if you don’t sign. Because courts have upheld the legitimacy of arbitration, employers usually can fire or refuse to hire someone who refuses to sign these agreements. However, an agreement could be legally unenforceable if it is too biased in favor of one party. So, if you are unsure whether to sign an agreement, you should speak with an expert employment attorney.\\nSeek Legal Assistance Today\\nIf your employer has violated your rights in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Arbitration is a private form of dispute resolution where conflicting parties choose a third party to resolve a dispute. Rather than filing a lawsuit in court, parties in arbitration privately resolve a conflict behind closed doors. Employers first created this process to lower legal costs and hold disputes in a venue that might be more&hellip;</p>\\n"},{"id":8971,"path":"/blog/rachel-m-haskell-made-partner-at-the-law-office-of-christopher-q-davis","slug":"rachel-m-haskell-made-partner-at-the-law-office-of-christopher-q-davis","modified":"2020-09-17T22:05:04","title":"Rachel M. Haskell made Partner at The Working Solutions Law Firm","content":"The Working Solutions Law Firm announces that Rachel M. Haskell has made Partner. This was not a hard decision. Deciding what to have for breakfast was harder. This is because Rachel is a terrific human being and an excellent lawyer. She is respected and liked by our staff, other lawyers, and judges. Who will replace Rachel as an Associate, you ask? Now that is a difficult decision. Her shoes are impossible to fill. So starting in October we will welcome not one but TWO new Associates to fill those shoes. Details to follow. For now, lets put our hands together for Rachel! We could not be happier and look forward to working with her in her new role!","excerpt":"<p>The Working Solutions Law Firm announces that Rachel M. Haskell has made Partner.  This was not a hard decision.  Deciding what to have for breakfast was harder.  This is because Rachel is a terrific human being and an excellent lawyer.  She is respected and liked by our staff, other lawyers, and judges.  Who will replace&hellip;</p>\\n"},{"id":8967,"path":"/blog/andrew-yang-says-wwe-wrestlers-have-a-ridiculous-classification","slug":"andrew-yang-says-wwe-wrestlers-have-a-ridiculous-classification","modified":"2020-09-12T00:26:33","title":"Andrew Yang Says WWE Wrestlers have a “Ridiculous” Classification","content":"Last week, Andrew Yang, a former candidate for the Democratic Party’s presidential nominee, wrote on Twitter: “if I’m not the Secretary of Labor I’m pretty confident I’ll have his or her number to talk about the ridiculous classification of WWE wrestlers as independent contractors while controlling their name and likeness for years, even for something as benign as Cameo.” Unlike employees, independent contractors don’t receive certain legal protections, such as those of anti-discrimination laws, overtime pay laws, or healthcare benefits.\\nAndrew Yang’s Tweets on WWE Wrestlers\\nYang continued arguing that WWE wrestlers are incorrectly classified in a longer Twitter thread. Yang directly criticized Vince McMahon, the CEO of WWE, when he wrote: “Vince you’d better hope your old friend Donald [Trump] wins because change is in the air and changes are long overdue where your corrupt labor practices are concerned. It would give me great pleasure. The people know.” Yang had previously endorsed Joe Biden, the Democratic Party nominee, for President. Yang also discussed some of the benefits that WWE wrestlers could receive if they were reclassified as employees: “Come on Vince  you’ve already deprived the folks breaking their backs for you of healthcare, security, recovery time, retirement benefits and fair treatment re: licenses and royalties.”\\nWhat Else Would Yang Do As Secretary of Labor?\\nAlthough Joe Biden has not said whether or not he would appoint Yang as Secretary of Labor if he won the election, Yang has mentioned other changes he would advance if he were appointed. In a CNN interview, Yang said “we have to try to get people the benefits that were associated with full-time jobs in different ways. Because we can’t pretend that its going to be like the 70s or 80s where you get a job and you’re at the same company for years and years. So certainly, you want to make it easier for workers to organize and bargain for better benefits.” \\nHow Do You Know When You’re Misclassified as an Independent Contractor?\\nDetermining who is an employee and who is an independent contractor is a complex legal issue. Courts will consider different factors, but a single factor does not determine whether you are an employee or an independent contractor. People are more likely to be employees if the employer has an increased level of job instruction, provides company training, sets strict work schedules, provides work tools, pays travel expenses, or prevents people from simultaneously working for other companies. If you think you might be misclassified, you could be entitled to overtime wages. Speak to an experienced employment lawyer to find out whether you have been misclassified.\\nSeek Legal Assistance Today\\nIf you think you have been misclassified as an independent contractor, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last week, Andrew Yang, a former candidate for the Democratic Party’s presidential nominee, wrote on Twitter: “if I’m not the Secretary of Labor I’m pretty confident I’ll have his or her number to talk about the ridiculous classification of WWE wrestlers as independent contractors while controlling their name and likeness for years, even for something&hellip;</p>\\n"},{"id":8963,"path":"/blog/law-office-of-christopher-q-davis-preliminarily-wins-4-1m-settlement-for-it-workers","slug":"law-office-of-christopher-q-davis-preliminarily-wins-4-1m-settlement-for-it-workers","modified":"2020-09-11T22:50:15","title":"Working Solutions Law Firm Preliminarily Wins $4.1M Settlement for IT Workers","content":"The Working Solutions Law Firm, located in New York City, recently received preliminary approval for a $4.1 million dollar settlement on behalf of IT workers. The Working Solutions Law Firm represented a class of IT employees who worked at FDM Group, Inc. These employees argued that they were misclassified as overtime-exempt and should have received overtime wages. After nearly 6 months of negotiations on this issue, The Working Solutions Law Firm struck a $4.1 million dollar settlement with FDM Group. On average, each IT employee will receive a $1400 check to compensate for the alleged overtime damages. Additionally, the cases lead Plaintiff, Grace Park, will receive a $20,000 award to compensate for her services to the class of workers during the lawsuit.\\nSeek Legal Assistance Today\\nThe Working Solutions Law Firm is proud to provide quality solutions for clients whose rights have been violated in the workplace. If your employer hasnt paid you correctly, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Working Solutions Law Firm, located in New York City, recently received preliminary approval for a $4.1 million dollar settlement on behalf of IT workers. The Working Solutions Law Firm represented a class of IT employees who worked at FDM Group, Inc. These employees argued that they were misclassified as overtime-exempt and should have received&hellip;</p>\\n"},{"id":8954,"path":"/blog/what-frontline-managers-can-do-to-ensure-their-employees-well-being","slug":"what-frontline-managers-can-do-to-ensure-their-employees-well-being","modified":"2020-09-10T17:28:55","title":"What Frontline Managers Can Do to Ensure Their Employees’ Well-Being","content":"An article published on Forbes last month entailed the role of frontline managers and their importance in cultivating a\\nhappy and productive work environment. Laura Putman, the Founder and CEO of Motion Infusion, stated in the article that frontline managers play a key role in “determining employee, health, happiness, and engagement.” In a research study conducted at Karolinska Institutet, managerial leadership had a major effect on whether employees changed jobs or became unemployed. According to the article, frontline managers are essential in cultivating community and well-being or in hindering them, thereby causing mental, emotional, and physical distress. This causation, in turn, will lead to discontented employees and negative impacts on the success of that business or company. \\nEmployees’ Well-Being Leads to Success and Better Performance\\nThe article points out that workplace problems typically surface when managers are too focused on performance and goals, paying little or no attention to the wellness of their employees. Putman touches on how this focus does more harm than good because studies show that companies that invest more time and energy into “comprehensive well-being” are more likely to “build high-performing teams” and “perform better on the stock market.” An example of this result is seen at the Blue Cross Blue Shield of North Dakota (BCBSND), where the director consistently encouraged his employees to engage in wellness events and conversations which, as a result, produced a healthier, happier, and higher-quality team. \\nWhy Is This Topic Important Now?\\nDiscussing the topic of employee health and happiness is particularly important now in light of COVID-19’s global impact on employers and workers. While some companies, like Ally Financial, have made active efforts to be more aware and attentive to their employees’ emotional, mental, and physical needs, other companies have done the opposite. While the number of individuals who applied for unemployment increased significantly in the past few months, several employees have been vocal about how they are treated in the workplace. There are more reports of unfair treatment, various types of discrimination, and a lack of accommodation during this time. \\nLaws Against Discrimination and Mistreatment of Employees\\nAccording to the U.S. Equal Employment Opportunity Commission, there are federal laws in place that protect employees from discrimination, unfair or unequal treatment, and a hostile work environment. Under federal and state laws, including New York’s, employees are protected from unfair treatment, discrimination, and certain employment policies and practices imposed by their employers. Additionally, in light of COVID-19, the Families First Coronavirus Response ACT (FFCRA) further prohibits employers from not offering reasonable accommodations that employees are entitled to under the law. \\nSeek Legal Assistance Today \\nIf you have experienced discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n \\n&nbsp;","excerpt":"<p>An article published on Forbes last month entailed the role of frontline managers and their importance in cultivating a happy and productive work environment. Laura Putman, the Founder and CEO of Motion Infusion, stated in the article that frontline managers play a key role in “determining employee, health, happiness, and engagement.” In a research study&hellip;</p>\\n"},{"id":8951,"path":"/blog/7th-circuit-rules-that-gay-worker-can-sue-the-catholic-church","slug":"7th-circuit-rules-that-gay-worker-can-sue-the-catholic-church","modified":"2020-09-04T17:36:02","title":"7th Circuit Rules that Gay Worker Can Sue the Catholic Church","content":"A former music director at a Catholic Church in Chicago claimed that his supervisor harassed him because he is gay and overweight. The music director then sued the Catholic Church for employment discrimination claims. The Seventh Circuit ruled that the Church is not immune from all cases of employment discrimination even though it is a religious institution. \\nWhat the Ministerial Exception means for the Catholic Church\\nEarlier this year, the Supreme Court ruled in Our Lady of Guadalupe School v. Morrissey-Berru that religious employers like the Catholic Church are immune from employment discrimination claims under the ministerial exception. The ministerial exception covers employees who are considered “ministers” of a certain religion (such as those who teach or lead members in the faith). The Supreme Court explained that this exception exists in order to prevent the government from becoming too entangled with a certain religion and maintain the separation of church and state. However, according to the 7th Circuit Court, the ministerial exception may not bar religious employers from all employment discrimination claims.\\nHow the 7th Circuit Interpreted the Ministerial Exception\\nThe 7th Circuit conceded that the ministerial exception protects religious employers from employment discrimination claims regarding hiring and firing. For example, the Catholic Church could legally have fired a ministerial employee for not being Catholic even though non-religious employers generally cannot commit religious discrimination. However, the 7th Circuit ruled that the ministerial exception does not apply to hostile work environment claims. Under this interpretation, the former music director could sue the Catholic Church because he was harassed for his sexual orientation and weight. The 7th Circuit’s decision deepened a split with the 10th Circuit. In Skrzypczak v. Roman Catholic Diocese of Tulsa, the 10th Circuit ruled that the ministerial exception bars hostile work environment claims against religious employers. With a deepening Circuit split, the U.S. Supreme Court may seek to resolve this issue during its next term. \\nWhat the Law Says About Hostile Work Environments\\nEmployees can bring hostile work environment claims against employers covered by discrimination laws. Discrimination in the form of harassment is prohibited under several federal laws, such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. State and city laws, such as the New York State Human Rights Law and the New York City Human Rights Law also prohibit hostile work environments. The law usually doesn’t prevent offhand offensive jokes or inappropriate comments. However, if the harassment in your workplace is severe enough that a reasonable person would consider it a hostile work environment, you may have a legal claim and should speak to an experienced employment attorney.\\nSeek Legal Assistance Today\\nIf you have experienced a hostile work environment, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A former music director at a Catholic Church in Chicago claimed that his supervisor harassed him because he is gay and overweight. The music director then sued the Catholic Church for employment discrimination claims. The Seventh Circuit ruled that the Church is not immune from all cases of employment discrimination even though it is a&hellip;</p>\\n"},{"id":8941,"path":"/blog/u-s-department-of-labor-issues-guidance-for-teleworkers-compensable-hours","slug":"u-s-department-of-labor-issues-guidance-for-teleworkers-compensable-hours","modified":"2020-09-03T01:31:13","title":"U.S. Department of Labor Issues Guidance for Teleworkers’ Compensable Hours","content":"The Coronavirus pandemic led to many new teleworker positions across all industries. As workers were forced to work from the safety of their homes, many wondered about compensable hours. The United States Department of Labor released clarifying guidance this past week about this issue. The guidance specifies that employers have an obligation to track compensable hours of their teleworkers. This reaffirms the idea that workers must be paid for all worked hours, no matter where they are located.\\nCompensable Hours\\nThe United States Department of Labor said “if the employer knows or has reason to believe that work is being performed, the time must be counted as hours worked.” The term “hours worked” includes hours that are not scheduled but where work was performed and allowed. Unscheduled work includes overtime work. The employer must acquire knowledge about hours worked through due diligence. One way this diligence can occur is by providing the employees with a reporting system for their hours. The employer must pay the employee for all reported hours when they have reason to believe work was performed.\\nUnreported Hours\\nFurther clarification was provided by the statement: “If an employee fails to report unscheduled hours worked through such a procedure, the employer is not required to undergo impractical efforts to investigate further to uncover unreported hours of work and provide compensation for those hours.” In order words, if the employee does not put all worked hours into the system, then the employer does not have to pay the employee for any undocumented hours. The moral of the story is: if your employer is using a hours reporting tool, make sure you record your hours accurately.\\nUnscheduled Hours/Overtime\\nThe United States Labor Departments final clarification for teleworkers was as follows: “an employer’s time reporting process will not constitute reasonable diligence where the employer either prevents or discourages an employee from accurately reporting the time he or she has worked, and an employee may not waive his or her rights to compensation.” Asking your employees not to document allowed hours worked is illegal. Employees legally must be paid for all hours worked, even if they are unscheduled or overtime hours. If your employer is neglecting or discouraging you from entering hours, you may have a legal case and should contact an attorney.\\nSeek Legal Assistance Today\\nIf you havent been paid your rightful wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Coronavirus pandemic led to many new teleworker positions across all industries. As workers were forced to work from the safety of their homes, many wondered about compensable hours. The United States Department of Labor released clarifying guidance this past week about this issue. The guidance specifies that employers have an obligation to track compensable&hellip;</p>\\n"},{"id":8936,"path":"/blog/appeals-court-denies-attempt-to-end-michael-flynn-case","slug":"appeals-court-denies-attempt-to-end-michael-flynn-case","modified":"2020-09-01T22:28:13","title":"Appeals Court Denies  Attempt to End Michael Flynn Case","content":"On Monday, the Washington D.C. Court of Appeals ruled that Federal Judge Emmet G. Sullivan may proceed in his review of the Department of Justice’s (DOJ) request to drop the prosecution of Michael T. Flynn, President Trump’s former national security advisor. Mr. Flynn has pleaded guilty twice to lying to the FBI about conversations with a Russian ambassador. Surprisingly, in May, the DOJ moved to drop the case.\\nSince then, all sides have been debating whether Judge Sullivan has to dismiss the case because the DOJ no longer seeks to pursue it or whether the Judge can legally review the case and decide if Attorney General William P. Barr’s decision not to pursue the case was made for illegitimate reasons. Another point of contention is whether or not if, in finding the dismissal was indeed for improper reasons, Judge Sullivan is empowered to sentence Mr. Flynn anyway.\\nFull Court Vote on Flynn\\n After a three-judge panel from the Court of Appeals ordered, in a 2-1 split decision that Judge Sullivan should dismiss the case against Mr. Flynn without review, the full Court of Appeals voted to erase the decision in favor of a vote by the whole Court. In the full-court vote on Monday, the decision was made to allow Judge Sullivan to review the case before it is dismissed. Though the decision is unsigned, some believe the vote was 8-2 in favor of review, with two Republican appointees signing dissents. Judge Thomas Griffith, another Republican appointee who is soon retiring, concurred with the majority opinion.\\nThe Court ruled that it was improper for Mr. Flynn’s lawyer, Sidney Powell, to have asked a three-judge panel to intervene before Judge Sullivan had ruled on the motion to dismiss the case. The Court noted that Judge Sullivan may well vote in favor of dismissal after holding a hearing, and Powell could then appeal the decision.\\nThe Court also rejected Powell’s assertion that Judge Sullivan had shown bias because he had appointed retired federal judge John Gleeson as an amicus (a “friend of the court”) to critique the governments’ arguments. The majority stated that amicus hearings are not “impermissible intrusion[s] upon executive authority” because previous courts have appointed an amicus to assist decision-making in similar circumstances.\\nWhy the DOJ attempted to dismiss Flynn’s case\\nThe DOJ’s main reason for attempting to dismiss the case centers around the idea that Flynn’s lies were not material to the FBI’s investigation, and that a jury may acquit Flynn, finding that Flynn had been too belligerently questioned. The DOJ also expressed concerns about the possibility of Judge Sullivan’s potential access to DOJ’s internal communications, but Judge Sullivan’s lawyer has stated that Judge Sullivan may only ask legal questions and not for more disclosures. Mr. Gleeson, the amicus, has said the DOJ’s reason for dropping the case implies the existence of a corrupt cover-up to show favoritism to a presidential ally. He urges Judge Sullivan to sentence Mr. Flynn.\\nSeek Legal Assistance Today\\nSince the “Saturday night massacre” during Watergate, there has been an open question of the scope of the US attorney general’s power to make internal decisions benefiting the president’s preferred political appointees and employees without independent scrutiny when there is evidence that those decisions may have been tainted by improper motive. The Flynn decision suggests a move toward limiting that power and allowing for judicial review of those decisions that affect employees. If you are an employee who needs legal assistance in the workplace, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>On Monday, the Washington D.C. Court of Appeals ruled that Federal Judge Emmet G. Sullivan may proceed in his review of the Department of Justice’s (DOJ) request to drop the prosecution of Michael T. Flynn, President Trump’s former national security advisor.  Mr. Flynn has pleaded guilty twice to lying to the FBI about conversations with&hellip;</p>\\n"},{"id":8933,"path":"/blog/wells-fargo-pays-7-8-million-in-discrimination-settlement","slug":"wells-fargo-pays-7-8-million-in-discrimination-settlement","modified":"2020-08-28T21:52:57","title":"Wells Fargo Pays $7.8 Million in Discrimination Settlement","content":"Wells Fargo will pay former job applicants $7.8 million in back wages to settle discrimination claims. The U.S. Department of Labor accused Wells Fargo of discriminating against thousands of job applicants on the basis of race and sex. The bank allegedly discriminated against 34,193 black applicants and 308 female applicants for banking, sales, customer service, and administrative positions. Wells Fargo has settled at least two prior employment discrimination lawsuits, most recently in 2019.\\nWells Fargo’s Response\\nAs part of this settlement, Wells Fargo did not legally admit liability regarding the discrimination claims. However, Wells Fargo agreed to provide career opportunities to 580 allegedly impacted job applicants. Peter Gilchrist, a Wells Fargo spokesman, stated that the settlement agreement pertains to hiring numbers from between six to ten years ago in a small number of geographic locations. He also revealed that Hispanic job applicants were sometimes chosen at the highest rate compared to other races due to Wells Fargo’s need for Spanish-language skills. Since the events related to this discrimination settlement, Wells Fargo has also made other hiring changes, such as increasing recruiting from Historically Black Colleges and Universities. \\nFederal Government Response\\nThe Office of Federal Contract Compliance Programs Regional Director, Melissa Speer, said “we appreciate Wells Fargo’s cooperation to resolve these issues . . . together, the Department and Wells Fargo will ensure the bank will proactively take steps to comply with federal hiring and equal employment opportunity laws.” The Department of Labor also discussed how certain executive orders prohibit federal contractors from discriminating towards job applicants or employees based on race, color, religion, sex, national origin, gender identity, or sexual orientation.\\nWhat the Law Says About Discrimination\\nThere are city, state, and federal laws that prevent employers from discriminating against employees and job applicants. Discrimination can occur in many aspects of employment, including but not limited to hiring, firing, benefits, pay, and job responsibilities. Discrimination is illegal when you are discriminated against because of your membership within a protected class. For example, federal law prohibits discrimination on the basis of protected classes such as race, color, national origin, religion, sex, disability, age, and LGBT status. Some states and cities have additional protected classes. For example, New York City has a ban on caregiver discrimination. If you want to know if you belong to a class that is protected from discrimination, you should speak to an experienced employment attorney as soon as possible.\\nSeek Legal Assistance Today\\nIf you have experienced discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Wells Fargo will pay former job applicants $7.8 million in back wages to settle discrimination claims. The U.S. Department of Labor accused Wells Fargo of discriminating against thousands of job applicants on the basis of race and sex. The bank allegedly discriminated against 34,193 black applicants and 308 female applicants for banking, sales, customer service,&hellip;</p>\\n"},{"id":8930,"path":"/blog/kamala-harris-challenges-large-employers-on-coronavirus-sick-leave","slug":"kamala-harris-challenges-large-employers-on-coronavirus-sick-leave","modified":"2020-08-22T22:21:10","title":"Kamala Harris Challenges Large Employers on Coronavirus Sick Leave","content":"Kamala Harris recently made headlines after formally accepting the Democratic Vice Presidential nomination. However, before Joe Biden picked Harris as his VP candidate, she stood up to big employers regarding their Coronavirus paid sick leave policies. Last March, as the pandemic was first hitting the United States, Kamala Harris sent a letter to the CEOs of 36 big employers — such as McDonald’s, Walmart, and Burger King — in which she demanded they “put public health ahead of profits.” Harris recommended that these employers grant at least two weeks of paid sick leave and 10 weeks of family and medical leave for all employees during the pandemic.\\nKamala Harris Publicly Calls Out Large Employers\\nKamala Harris’ letter asked large employers to “protect our workers and protect our nation” with more robust paid sick leave policies. Although some U.S. employers were mandated to provide paid sick leave under the Coronavirus stimulus legislation, employers with more than 500 employees were exempt. So, Harris took to social media to call out these large employers by name. On Twitter, Harris wrote: “Unacceptable that these companies arent providing adequate paid leave for all their workers right now. Ive sent a letter calling on them to do so immediately: McDonald’s, Walmart, Kroger, Subway, Burger King, Pizza Hut, Target, Marriott, Wendy’s, Taco Bell, Dollar General.” \\nImportance of Sick Leave During a Pandemic\\nImportantly, Kamala Harris’ letter pointed out that “working Americans across industries are facing challenges deciding if they should go into work sick or forgo a paycheck.” When workers don’t have adequate paid sick leave, some will inevitably still come to work when they are sick. Many workers feel like they have to make this choice because they cannot survive without a paycheck. Of course, sick employees in the workplace will also increase the severity of the pandemic. One solution is to implement more robust paid sick leave laws. For example, according to U.S. Census data, the exemption for large businesses in the Coronavirus stimulus bill meant that roughly 53% of workers were not covered. Another solution is for private employers to modify their internal sick leave policies. For example, following Kamala Harris’ letter, Walmart introduced a new emergency leave policy which provided 2 weeks of paid sick leave for workers who had the virus or were exposed to it. If Kamala Harris and Joe Biden are ultimately elected in November, U.S. employers may experience more pressure to alter their paid sick leave policies. \\nSeek Legal Assistance Today\\nIf your employer has denied you sick leave, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Kamala Harris recently made headlines after formally accepting the Democratic Vice Presidential nomination. However, before Joe Biden picked Harris as his VP candidate, she stood up to big employers regarding their Coronavirus paid sick leave policies. Last March, as the pandemic was first hitting the United States, Kamala Harris sent a letter to the CEOs&hellip;</p>\\n"},{"id":8923,"path":"/blog/executive-accuses-soulcycle-of-pregnancy-discrimination","slug":"executive-accuses-soulcycle-of-pregnancy-discrimination","modified":"2020-08-14T12:54:58","title":"Executive Accuses SoulCycle of Pregnancy Discrimination","content":"Jordan Kafenbaum, a former SoulCycle executive, filed a lawsuit against her employer for alleged pregnancy discrimination. SoulCycle, a popular cardio-focused workout studio, was co-founded by Elizabeth Cutler and Julie Rice. There are currently over 90 studios across the country, and the company is soon expected to expand internationally with its first studio in London. The “millennial-beloved company,” however, continues to be criticized for being a toxic workplace, according to an article published on Forbes. Kafenbaum stated in the same article that Soulcycle demoted her after she revealing her pregnancy and terminated her on April 27th, only 32 days after giving birth. \\nWhat Issues are Included in the Lawsuit? \\nKafenbaum worked at the company for almost seven years as the Senior Director of instructor programming and talent management. According to the lawsuit, SoulCycles leadership informed Kafenbaum that she would be switched to a new position after she disclosed her pregnancy in September. Kafenbaum saw the new position as a demotion, and she claims that her employer gave her “inconsistent excuses” as to why she was transferred to a new position conveniently after returning from her maternity leave. \\nAlso included in the suit are three other women who were allegedly fired after taking maternity leave, as well as an incident where the company’s former CEO told the senior vice president of global operations and studio experience, that “paternity leave is for p*ssies” after he planned to take his leave last year. Due to these kinds of incidents, SoulCycle has faced a lot of judgment. A SoulCycle representative spoke on Kafenbaum’s suit and explained that her elimination was part of a “necessary restructuring impact of Covid-19” and that the company refutes the accusations and will defend itself. \\nFederal and State Laws on Maternity Leave and Pregnancy Discrimination\\nAccording to the Family and Medical Leave Act (FMLA), certain employees are permitted to take up to 12 weeks of unpaid, job-protected leave per year, with their health benefits kept intact during the leave. The birth, adoption, or care of a newborn child of an employee is included as a qualifying reason for taking a 12-week paid leave under the FMLA. Employees are eligible for this leave if they have worked at their company for at least one year or a minimum of 1,250 hours. Under the Pregnancy Discrimination Act (PDA), it is also unlawful to “harass or preferentially treat a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.” PDA is a federal law effective in all fifty states, including New York. \\nSeek Legal Assistance Today \\nIf you have experienced pregnancy discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Jordan Kafenbaum, a former SoulCycle executive, filed a lawsuit against her employer for alleged pregnancy discrimination. SoulCycle, a popular cardio-focused workout studio, was co-founded by Elizabeth Cutler and Julie Rice. There are currently over 90 studios across the country, and the company is soon expected to expand internationally with its first studio in London. The&hellip;</p>\\n"},{"id":8918,"path":"/blog/wrongful-death-companies-covid-19","slug":"wrongful-death-companies-covid-19","modified":"2020-08-11T19:53:32","title":"Wrongful Death Lawsuits Increase As Companies Fail to Protect Workers from COVID-19","content":"Families of American workers who claim that their loved ones contracted lethal cases of COVID-19 at work, are filing wrongful death lawsuits. Companies like Walmart Inc., Safeway Inc., Tyson Foods Inc., and some health-care facilities are accused of gross negligence or wrongful death as the pandemic spreads rapidly across the US.\\nIn one lawsuit, Norma Zuniga, widow of Pedro Zuniga, sued Safeway and Albertsons for gross negligence and wrongful death. Pedro Zuniga handled produce in a Safeway distribution center in Tracy, California, for over two decades. According to the Zuniga family’s lawyer, Paul Matiasic, Zuniga complained to supervisors in mid-March that the work environment was unsafe as colleagues were coming in sick. However, the grocer allegedly failed to follow March 9 guidance from OSHA (Occupational Safety and Health Administration), which called for isolating sick workers. The lawsuit argues that Safeway misled workers by saying protective equipment would not help prevent the spread of the disease and discouraging them from wearing masks at work. On April 4, Mr. Zuniga went to the hospital after testing positive for COVID-19. He passed away nine days later in the hospital’s intensive care unit.\\nEmployers Claim They Are Not Liable for COVID-19 Deaths Related to Their Workplaces\\nIn response to the Zuniga family’s allegations, Safeway denied that it failed to take appropriate workplace safety precautions. It said that as of March 20, neither the CDC nor California’s official guidance recommended wearing masks. Furthermore, state occupational safety and health interim guidance at the time said masks did not protect people from COVID-19. In July, Safeway and Albertsons filed a motion to dismiss the complaint, claiming that it did not meet the criteria for proceeding outside the workers’ compensation system.\\nSome argue that companies like Safeway are too rarely found liable for employee’s deaths. This result could be because of the high legal bar for proving fault and because such complaints are often only viable in workers’ compensation systems. Unfortunately, workers’ compensation boards usually limit payouts to coverage of medical bills or disability compensation. Many family members and survivors are suing to have medical bills, future earnings, and other damages paid out.\\nNonetheless, employers may be found liable when they have acted with gross negligence, as legal experts suggest. This includes “employers who do not send sick workers home, enforce social distancing, or adhere to mask-wearing guidance.” These acts of gross negligence may proceed outside the workers’ compensation system and potentially result in out-of-court settlements or end up before sympathetic juries.\\nSeek Legal Assistance\\nIf your employer has failed to comply with OSHA guidance, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Families of American workers who claim that their loved ones contracted lethal cases of COVID-19 at work, are filing wrongful death lawsuits. Companies like Walmart Inc., Safeway Inc., Tyson Foods Inc., and some health-care facilities are accused of gross negligence or wrongful death as the pandemic spreads rapidly across the US. In one lawsuit, Norma&hellip;</p>\\n"},{"id":8913,"path":"/blog/15-female-nfl-employees-allege-sexual-harassment-at-work","slug":"15-female-nfl-employees-allege-sexual-harassment-at-work","modified":"2020-08-07T15:37:50","title":"15 Female NFL Employees Allege Sexual Harassment At Work","content":"15 female former employees of the NFLs Washington Football Team (formerly the “Washington Redskins”) have come forward with serious allegations of sexual harassment in the workplace. The sexual harassment allegedly took place between 2006 and 2019. The female NFL employees claim that there were inappropriate remarks about their bodies or attire and even instances of verbal abuse. The female employees cited the lack of an effective human resources department as an issue that contributed to a toxic workplace environment.\\nEvidence of Sexual Harassment In the NFL\\nThe Washington Post obtained screenshots of text messages from the NFL team’s assistant director of pro personnel, Richard Mann II. The reported messages contained lewd, sexual comments sent to a female NFL employee. As a result, Mann was fired within the last week. Female NFL employees also accused Larry Michael, a former senior vice president and announcer, of discussing the physical appearance of a female college intern. Following these accusations, Michael retired Wednesday. When talking about her boss, a former female NFL marketing coordinator said, “Any small issue that set him off, set him off like times ten, and that would be when he would curse at me. He would use derogatory slurs toward me.”\\nNFL Response to Sexual Harassment Allegations\\nThe NFL released a statement that said the alleged sexual harassment was serious, disturbing and contrary to the NFLs values . . . Everyone in the NFL has the right to work in an environment free from any and all forms of harassment. The Washington Football team also responded with a statement, saying “The Washington Redskins football team takes issues of employee conduct seriously . . . While we do not speak to specific employee situations publicly, when new allegations of conduct are brought forward that are contrary to these policies, we address them promptly.\\nLaws On Sexual Harassment in the Workplace\\nThere are federal, state, and city laws that forbid sexual harassment in the workplace. Federally, the Civil Rights Act of 1964 outlaws sexual harassment as an illegal form of sex discrimination. Many states have additional protections against sexual harassment in the workplace. For example, New York State mandates that employers of one or more employees must have anti-sexual harassment training for all workers. Also, the New York State Human Rights Law does not require sexual harassment to be severe or pervasive to be against the law. This New York protection allows for more employees to take legal action against sexual harassment in the workplace.\\nSeek Legal Assistance Today\\nIf you have suffered from sexual harassment in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>15 female former employees of the NFL&#8217;s Washington Football Team (formerly the “Washington Redskins”) have come forward with serious allegations of sexual harassment in the workplace. The sexual harassment allegedly took place between 2006 and 2019. The female NFL employees claim that there were inappropriate remarks about their bodies or attire and even instances of&hellip;</p>\\n"},{"id":8910,"path":"/blog/eeoc-files-a-lawsuit-against-united-airlines-for-religious-discrimination","slug":"eeoc-files-a-lawsuit-against-united-airlines-for-religious-discrimination","modified":"2020-08-06T14:13:56","title":"EEOC Files A Lawsuit Against United Airlines for Religious Discrimination","content":"Last month, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against United Airlines on the basis of religious discrimination. In an article written in New York and posted on JDSupra, a Buddhist pilot was diagnosed with alcohol dependency and had to obtain a new medical certificate from the Federal Aviation Administration (FAA). In order to do so, United Airlines conducts a program for pilots who struggle with substance abuse, which requires regular attendance at Alcoholics Anonymous (AA). The pilot, however, refused to attend AA due to its interference with his religious beliefs. Instead, he requested to attend a Buddhism-based peer support group that coincided with his religious preferences, which United failed to accept. Therefore, the pilot was denied the FAA medical certificate that would allow him to fly again.  \\nWhat Issues are Included in the Lawsuit? \\nFollowing this turn of events, the EEOC filed the lawsuit against United for their lack of religious accommodation for employees, which is prohibited under federal law. The suit was filed in the U.S. District Court for the District of New Jersey after failing to settle. According to a statement given by EEOC New York Regional Attorney Jeffery Burstein, “employers have the affirmative obligation to modify their policies to accommodate employees’ religious beliefs.” The District Directory also added that the EEOC is “ready to protect employees” from religious discrimination. This case, unfortunately, is not the first employment lawsuit to be filed against United. In 2018, the EEOC sued the airline for alleged violations of sexual harassment. According to the lawsuit, a captain shared a sexually explicit picture of a flight attendant on multiple websites and shared the flight attendant’s personal information. \\nFederal and State Laws Against Religious Discrimination in the Workplace\\nTitle VII of the Civil Rights Act of 1964, prohibits employers from discriminating against individuals because of their religion. This also includes job-segregation, such as preventing religious employees from working in positions where they have to interact with customers due to business worries. Additionally, the law also states that employers must accommodate the religious beliefs and practices of employees, “unless doing so would cause more than a minimal burden on the operation of the employer’s business.” New York State not only enforces this law but also passed a statewide bill that amends the New York State Human Rights Law (NYSHRL). The new law makes it unlawful for employers to “impose upon an employee as a condition of retaining employment any terms or conditions that would require that person to violate or forgo sincerely held practice of their religion.”\\nSeek Legal Assistance Today \\nIf you have experienced religious discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against United Airlines on the basis of religious discrimination. In an article written in New York and posted on JDSupra, a Buddhist pilot was diagnosed with alcohol dependency and had to obtain a new medical certificate from the Federal Aviation Administration (FAA). In&hellip;</p>\\n"},{"id":8898,"path":"/blog/ellen-show-employees-speak-out","slug":"ellen-show-employees-speak-out","modified":"2020-07-31T14:22:56","title":"“Racism, Fear and Intimidation”: Former Ellen DeGeneres Show Employees Speak Out","content":"The Ellen DeGeneres Show is an award-winning NBC daytime talk show that brings Warner Bros an estimated 35 million dollars each year. Its host, comedian Ellen DeGeneres, has built her brand on the motto “be kind” over the years. She hosts lavish giveaways for struggling families and is a prominent advocate for the LGBTQ+ community. She was also awarded the Presidential Medal of Freedom for her human rights work by President Obama. However, it is precisely because of her public persona that some former employees are demanding accountability for the show’s work culture.\\n‘Ellen DeGeneres Show’ Producers and Managers Allegedly Perpetuate a Toxic Work Culture\\nIn a recent BuzzFeed article, former employees of the ‘Ellen DeGeneres Show’ say they faced racism, fear, and intimidation at work. Some of the former employees were allegedly fired for taking bereavement days and medical leave. Employees were even allegedly forced to delete GoFundMe pages used to pay for medical bills not covered by the show’s health insurance. They are required to sign a non-disclosure agreement and instructed to not talk to DeGeneres if they see her in the office. Such acts of intimidation may contribute to a hostile work environment where employees are too fearful to speak up and are effectively silenced. Most of the former employees blamed executive producers and other senior managers for the day-to-day toxicity they experienced. In response to these allegations, executive producers Ed Glavin, Mary Connelly, and Andy Lassner told BuzzFeed News “We take all of this very seriously and and we will do better. On July 30, Ellen DeGeneres apologized to the staff members of her talk show. “As we’ve grown exponentially,” she wrote, “I’ve not been able to stay on top of everything and relied on others to do their jobs as they knew I’d want them done I’m committed to ensuring this does not happen again.”\\nThese Allegations Emerge Alongside Recent Conversations About Workplace Inclusion\\nA Black woman who worked on the daytime show for a year and a half told BuzzFeed News she experienced racist comments, actions, and “microaggressions.” A senior-level producer once told her and another Black employee, “Oh wow, you both have box braids; I hope we don’t get you confused.” When she began speaking out on this discriminatory behavior, she claims that all her colleagues distanced themselves from her. Whenever she brought up issues to her White male boss, “he would bring up some random story about some random Black friend that he had and how they managed to get over stuff.” Instead of listening to her concerns and empathizing with her, she felt like he was using his Black friend as some way to say, ‘I understand your struggle.’ Despite years of being afraid to speak out, she was inspired by recent conversations about race in workplaces across the country. As the tragic deaths of George Floyd and Breonna Tayler highlight the painful persistence of systemic racism in law enforcement, more people are speaking out against systemic racism in Hollywood and other workplaces.\\nSeek Legal Assistance Today\\nIf you have experienced discrimination in a hostile workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Ellen DeGeneres Show is an award-winning NBC daytime talk show that brings Warner Bros an estimated 35 million dollars each year. Its host, comedian Ellen DeGeneres, has built her brand on the motto “be kind” over the years. She hosts lavish giveaways for struggling families and is a prominent advocate for the LGBTQ+ community.&hellip;</p>\\n"},{"id":8896,"path":"/blog/a-lawsuit-filed-against-live-nation-for-alleged-race-and-gender-discrimination","slug":"a-lawsuit-filed-against-live-nation-for-alleged-race-and-gender-discrimination","modified":"2020-07-28T13:18:43","title":"A Lawsuit Filed Against Live Nation for Alleged Race and Gender Discrimination","content":"Earlier this month, Variety, a popular American media company, reported on a lawsuit filed against Live Nation for race and gender discrimination. Candace Newman, an executive employee of Live Nation, a major entertainment company, claimed that she was retaliated against for speaking out about race and gender discrimination in the workplace. Soon after her complaint, Newman was furloughed for supposed Covid-19-related staff reductions which she believes was simply an excuse. The suit, filed in L.A. County Superior Court, states that although many of the artists in the company are people of color, the company “fosters a toxic work environment of harassment, discrimination and retaliating against employees.” Furthermore, the lawsuit alleges wrongful termination to which Live Nation has deemed groundless since Newman is technically still an employee. \\nParticular Events Noted in the Lawsuit \\nNewman has worked at Live Nation for 11 years. She began her employment as an Executive Assistant and eventually rose to a director position. Some of her accomplishments at Live Nation include bringing popular artists to the company such as Toni Braxton, booking tours for Santana and the Backstreet Boys, and securing profitable venues. Newman claims that despite these career highlights and many others, she was “scrutinized and criticized” harsher than her non-black and male counterparts. One incident occurred in 2016 when Newman discovered that she was getting paid less than male or non-black employees who held a similar position. \\nLive Nation’s Response to the Allegations\\nLive Nation responded to the lawsuit, stating their shock of Newman’s claim of wrongful termination since she is still an employee of the company. The company explained that they had to impose furloughs across the company due to the pandemic. They went on to say that Newman’s claims are unsubstantiated and that Live Nation constantly strives to be an “anti-racist and equitable organization” that fosters “an environment where employees feel comfortable and empowered.”\\nFederal and State Laws Against Discrimination in the Workplace\\nThere are federal laws that protect employees from different types of discrimination within the workplace. Title VII of the Civil Rights Act of 1964 prohibits discrimination and retaliation against individuals based on race, color, religion, national origin, and sex. Additionally, The Equal Pay Act of 1963 bars sex-based discrimination between men and women who perform equal duties in the same workplace. New York State defends and administers the same anti-discriminatory laws and further implies that under New York law, settlements of employment discrimination claims cannot prevent complainants from speaking to any form of law enforcement. \\nSeek Legal Assistance Today \\nIf you have experienced discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Earlier this month, Variety, a popular American media company, reported on a lawsuit filed against Live Nation for race and gender discrimination. Candace Newman, an executive employee of Live Nation, a major entertainment company, claimed that she was retaliated against for speaking out about race and gender discrimination in the workplace. Soon after her complaint,&hellip;</p>\\n"},{"id":8882,"path":"/blog/supreme-court-decision-on-discrimination-in-religious-schools","slug":"supreme-court-decision-on-discrimination-in-religious-schools","modified":"2020-07-24T14:42:31","title":"Supreme Court Decision On Discrimination In Religious Schools","content":"Two teachers from Southern California, Agnes Morrisey-Berru and Kristen Biel, sued their respective Catholic schools. The cases of Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel combined to form one case recently brought before the Supreme Court. Agnes Morrissey-Berru was fired because she turned 65 years old. In a secular workplace, this termination is age discrimination. Kristen Biel requested paid sick in order to receive treatments for her breast cancer. Kristen Biel was denied paid sick leave which is illegal in secular institutions. Kristen Biel died during the case’s journey to the Supreme Court, but her husband continued the legal fight on her behalf. Both Agnes and Kristen taught religious subjects as well as secular subjects. These cases focused on the division of church and state. Under current employment laws, these kinds of discrimination are illegal. However, since each teacher works for a religious school, the legality of these actions change, because the government is not supposed to interfere with religious affairs.\\nThe Law’s Separating Church from State\\nThe first amendment includes freedom of religion. This freedom in turn grants us the separation of church and state. A former Supreme Court case established the “ministerial exception” to employment discrimination laws for employees who perform integral parts of religious functions. This exception means that anyone who is seen to perform such functions is exempt from employment laws. Employment laws protect employees from discrimination, wrongful termination, and more when in the workplace.\\nThe Supreme Courts Verdict Explained\\nThe Supreme Court voted 7-2 in favor of the Catholic schools. The reasoning behind their decision is that the teachers instill faith into the students and teach them about religious practices. The Court considered these actions integral parts in religious functions. Therefore the government cannot intervene. The verdict influences many employees who work for religious institutions and strips them of their right to sue if they are discriminated against in the workplace. In the majority opinion, Justice Alito said, “The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission.” Justice Ruth Bader Ginsburg joined Justice Sotomayor in the dissenting opinion which stated, “The Court reaches this result even though the teachers taught primarily secular subjects, lacked substantial religious titles and training, and were not even required to be Catholic.”\\nSeek Legal Assistance Today\\nIf you have been discriminated against at work, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Two teachers from Southern California, Agnes Morrisey-Berru and Kristen Biel, sued their respective Catholic schools. The cases of Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel combined to form one case recently brought before the Supreme Court. Agnes Morrissey-Berru was fired because she turned 65 years old. In a secular&hellip;</p>\\n"},{"id":8875,"path":"/blog/are-you-required-to-wear-a-mask-at-work","slug":"are-you-required-to-wear-a-mask-at-work","modified":"2020-07-23T15:16:51","title":"Are You Required to Wear a Mask at Work?","content":"Following the rapid surge of Covid-19 cases back in April, many began to wonder if wearing a mask in public would help protect them from the virus. In his speech on TheStreet, Dr. Anthony Fauci, a physician and an immunologist who is one of the lead members of the Trump Administration’s White House Coronavirus Task Force, stated that wearing a mask can prevent the spread of the virus to a certain degree. Since then, some states, including New York, have required people to wear masks in public. Several employers have also mandated masks and enforced other precautions, such as taking temperatures of employees regularly.\\nNew Laws for the Workplace Due to Covid-19\\nWith most states reopening in the past few weeks, many employees who were working from home have now returned to work. However, the new work environment is far different from what they were used to. In an article published on NBC 5, some companies have changed their rules and have inputted“plexiglass barriers, one-way traffic in hallways, masks and temperature checks” prior to entering the building. Considering the major threat of the virus, employers are making these swift changes and taking certain precautions to prevent the spread of the virus and protect employees. \\nCan Employers Make Their Workers Wear Masks at Work?\\nIn the same article, an employment attorney was asked if employers can enforce a wearing mask rule and he simply responded by saying yes, when an employer has a “business necessity” the law permits it. So, employers have a right to establish a mask mandate if they have a valid reason to be concerned about the health and safety of their employees. Also found on the CDC website are guidelines for businesses and employers. Some of the recommendations include daily health checks, implementing policies for social distancing in the workplace, and encouraging employees to wear masks. \\nNew Changes in Workplace Laws in New York \\nNew York has also created guidelines for the reopening of businesses, adding to the existing standards of the Occupational Safety and Health Act (OSHA). The OSHA Guidance may not explicitly advise employers to test their workers or require masks, however, it states the importance of identifying and isolating potentially infectious individuals to protect all employees. With this mindset in place, employers have the right to establish specific rules and regulations to maintain the safety and effectiveness of the workplace.\\nSeek Legal Assistance Today \\nIf your employer has failed to provide a safe working environment, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n \\n&nbsp;","excerpt":"<p>Following the rapid surge of Covid-19 cases back in April, many began to wonder if wearing a mask in public would help protect them from the virus. In his speech on TheStreet, Dr. Anthony Fauci, a physician and an immunologist who is one of the lead members of the Trump Administration’s White House Coronavirus Task Force, stated&hellip;</p>\\n"},{"id":8868,"path":"/blog/eeoc-sues-pregnancy-discrimination","slug":"eeoc-sues-pregnancy-discrimination","modified":"2020-07-20T15:33:41","title":"EEOC Sues Software Company for Pregnancy Discrimination","content":"On July 1, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) sued NICE Systems, Inc. for pregnancy discrimination. The EEOC advances opportunities in the workplace by enforcing federal laws that prohibit employment discrimination. According to their lawsuit, the software company allegedly paid an employee less, retaliated against her, and forced her to resign because of her pregnancy.* After the employee informed her supervisor of the pregnancy, he stopped assigning her sales leads and denied her commission payments. When she complained, NICE Systems, Inc. retaliated against her by reassigning her job responsibilities and asked her to “stop being so emotional.” When she returned from maternity leave, her employer did not give back her lucrative sales territory; instead, NICE Systems reassigned her to one with few clients for her sales product. After NICE Systems, Inc. did nothing to address her complaints, they forced her to resign.\\nPregnancy discrimination remains widespread in American companies\\nWomen in every industry file pregnancy discrimination complaints, from retail trade to finance and insurance services. In corporate offices, like NICE Systems, Inc., discrimination tends to be more subtle. Some supervisors regard pregnant women as less committed, less dependable, and more irrational than other women. These biases may cause women to be excluded from lucrative assignments and denied commission payments they deserve. Such instances of pregnancy discrimination are potentially damaging to women’s wellbeing and careers. Women should be able to make decisions about having children without fear of retaliation or negative consequences at work.\\nWhat Laws Protect Against Pregnancy Discrimination?\\nTitle VII of the Civil Rights Act of 1964 protects employees from discrimination based on protected characteristics, such as sex-based discrimination. Title VII was later amended by the Pregnancy Discrimination Act (PDA), which denotes pregnancy discrimination as a form of sex discrimination. The New York State and New York City Human Rights Law also protect against pregnancy discrimination.\\nUnder the Pregnancy Discrimination Act, employers must treat pregnant women as temporarily disabled and accommodate them as any other employee experiencing a short-term disability. For instance, an employer that allows temporarily disabled employees to take disability leave or leave without pay must also allow an employee who is temporarily disabled due to pregnancy complications to do the same. Moreover, the Family Medical Leave Act (FMLA) allows both mothers and fathers 12 weeks of unpaid, job-protected leave after childbirth. It is thus a violation of the FMLA to reduce an employee’s responsibilities or sales leads because she is about to or is returning from maternity leave.\\nSeek Legal Assistance Today\\nIf you have experienced pregnancy discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n*all mentioned allegations against NICE Systems, Inc. are alleged pending litigation","excerpt":"<p>On July 1, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) sued NICE Systems, Inc. for pregnancy discrimination. The EEOC advances opportunities in the workplace by enforcing federal laws that prohibit employment discrimination. According to their lawsuit, the software company allegedly paid an employee less, retaliated against her, and forced her to resign because of&hellip;</p>\\n"},{"id":8863,"path":"/blog/racial-discrimination-in-the-workplace-espn-employees-speak-out","slug":"racial-discrimination-in-the-workplace-espn-employees-speak-out","modified":"2020-07-17T16:09:42","title":"Racial Discrimination in the Workplace: ESPN Employees Speak Out","content":"In recent months, conversations around institutional racism and equality have become widespread in the wake of George Floyd’s and Breonna Taylor’s deaths. Many individuals are engaging in discussions to learn about racial injustice and how individual members of society can promote change. Included in these dialogues are black employees at ESPNwho have shared their personal experiences with discrimination behind the cameras. In an article published by the New York Times, several black employees spoke about their displeasure with the major sports media enterprise. In interviews, these employees have shed light on the alleged behavior and practices of their bosses and colleagues that have prevented black employees from receiving promotions. \\nThe Presence of Racial Discrimination Behind the Scenes at ESPN\\nIn the peak of ESPN’s growth as a sports media power in the 1990s, most of its executives were white and male. Although this demographic has changed in recent years, current black executives have all had over 20 years of experience prior to joining ESPN, meanwhile many of senior white executives are believed to have only ever worked at ESPN. This disparity led many black employees to speak out about the racial inequality they have perceived within the workplace. \\nDuring interviews, several employees explained that ESPN portrays a diverse outward image, however, behind the scenes, there were few black executives who held real decision-making power. In fact, some allegedly overqualified black employees are rarely offered any promotions. Black employees have also shared their ongoing experiences with discriminatory remarks from their white coworkers. Although ESPN has spoken out about these allegations in an effort to improve the working environment, many black employees have stated that significant change has not taken place. \\nAn Employee’s Personal Experience With Racial Discrimination\\nAlso stated in the same article, an ESPN employee shared her personal experience with racial discrimination at work during a conference with over 200 people. Maria Taylor was discussing her treatment at ESPN when she was interrupted by a white male announcer who was unaware that his microphone was unmuted. She described her complete shock when she heard him complaining that the call was “a griping session for black employees.”\\nWhat Does the Law Say?\\nSeveral states, including New York, have laws against racial and other forms of discrimination within the workplace. According to the NYS Division of Human Rights, “unequal treatment, bias, or harassment based on one’s actual or perceived race and/or traits typically associated with race is prohibited under the HRL.”\\nSeek Legal Assistance Today \\nIf you have experienced racial discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In recent months, conversations around institutional racism and equality have become widespread in the wake of George Floyd’s and Breonna Taylor’s deaths. Many individuals are engaging in discussions to learn about racial injustice and how individual members of society can promote change. Included in these dialogues are black employees at ESPNwho have shared their personal experiences with&hellip;</p>\\n"},{"id":8854,"path":"/blog/firm-files-overtime-class-action-lawsuit-on-behalf-of-garda-employees-in-new-york-state","slug":"firm-files-overtime-class-action-lawsuit-on-behalf-of-garda-employees-in-new-york-state","modified":"2020-07-15T19:13:23","title":"Firm files Overtime Class Action Lawsuit on behalf of Garda Employees in New York State","content":"The Working Solutions Law Firm has filed a class action lawsuit against Garda, USA on behalf of Garda employees in New York State. Garda dispatches employees in armored vehicles to provide secure cash vault, ATM, and armored transport services for financial institutions and other businesses throughout Long Island and Manhattan. The Complaint alleges that Garda drivers, messengers, guards, and ATM technicians were denied lawful minimum wage and overtime compensation, in violation of New York Labor Law. Garda also allegedly failed to provide proper wage notices and wage statements in accordance with New York Labor Law. The Working Solutions Law Firm is now seeking monetary relief for New York Garda employees who were improperly paid.\\nSeek Legal Assistance\\nIf you havent been paid your rightful wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Working Solutions Law Firm has filed a class action lawsuit against Garda, USA on behalf of Garda employees in New York State. Garda dispatches employees in armored vehicles to provide secure cash vault, ATM, and armored transport services for financial institutions and other businesses throughout Long Island and Manhattan. The Complaint alleges that Garda&hellip;</p>\\n"},{"id":8849,"path":"/blog/cdc-employees-allege-racial-discrimination","slug":"cdc-employees-allege-racial-discrimination","modified":"2020-07-13T20:37:30","title":"CDC Employees Allege Racial Discrimination","content":"The Center for Disease Control (CDC) has held national attention ever since the Coronavirus outbreak hit the United States. However, in addition to issuing guidelines on how to stop the spread of Coronavirus, the CDC is now making headlines for another reason: racial discrimination in the workplace. Over one thousand CDC employees recently signed a letter telling their employer to address ongoing and recurring acts of racism and discrimination” towards black workers. Signatories include at least one Division Head and roughly 300 employees who chose to remain anonymous. \\nDid Racism Affect the CDC Coronavirus Response?\\nCDC employees claimed that their employer’s racism may have affected how people of color have been impacted by Coronavirus. For example, African Americans are dying from Coronavirus at a rate 2.5 times higher than white Americans. The letter from the employees reads, “we, as dedicated public health professionals, can no longer stay silent to the widespread acts of racism and discrimination within CDC that are, in fact, undermining the agencys core mission.” The letter also noted that black employees make up roughly 10% of CDC senior leadership. Do you think that racism impacted how the agency served people of color during the Coronavirus outbreak?\\nCDC Discrimination Allegations \\nThe letter alleged that, within the CDC, white managers promote white workers and discourage black workers. Furthermore, employees claimed that their workplace has a pervasive and toxic culture of racial aggressions. As a result, employees claimed that systemic racism is not just a concept perpetrated outside these walls . . . it is a crushing reality for people of color in their daily lived experiences here at CDC. \\nEmployee Demands and CDC Response\\nEmployees also made several demands in their letter to address the alleged racial discrimination within the agency. For example, employees asked for racism to be deemed a “public health crisis” within the United States. Internally, employees asked their employer to acknowledge and address its “toxic culture.” This demand included the creation of “safe spaces” for employees. Employees also requested mandatory, agency-wide “implicit bias training and cultural sensitivity education.” This training would seek to examine whether employees hold unconscious biases on the basis of race. In response to the letter, the CDC issued a statement that read, the CDC is committed to fostering a fair, equitable, and inclusive environment in which staff can openly share their concerns with agency leadership. The agency has not addressed whether it will comply with the specific demands within the employees’ letter. \\nSeek Legal Assistance Today\\nIf you have experienced racial discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Center for Disease Control (CDC) has held national attention ever since the Coronavirus outbreak hit the United States. However, in addition to issuing guidelines on how to stop the spread of Coronavirus, the CDC is now making headlines for another reason: racial discrimination in the workplace. Over one thousand CDC employees recently signed a&hellip;</p>\\n"},{"id":8831,"path":"/blog/paid-time-off-new-york-elections","slug":"paid-time-off-new-york-elections","modified":"2020-07-10T19:15:50","title":"Can I Take Paid Time Off to Vote During New York State Elections?","content":"Only about 56% of eligible U.S. citizens voted in the 2016 presidential election. In an effort to increase voter turnout, some states have enacted laws to guarantee workers time off to vote. New York State’s voting leave law allows registered voters who do not have sufficient time outside of scheduled work hours to take up to 2 hours of paid time off to vote in most public elections. Employees are deemed to have “sufficient time to vote” if they have four consecutive hours to vote either from the opening of the polls to the beginning of their work shift, or four consecutive hours between the end of a working shift and the closing of the polls.\\nHow can I request Paid Time Off from my Employer?\\nUnder New York Election Law Section 3-110, employees can claim up to two hours of paid time off in addition to their voting time outside of working hours if they do not have sufficient time to vote. Employees must request time off to vote from their employers between two and ten working days before the election. While two hours is the maximum paid time off allowed under the law, the amount of paid time off required for an employee to vote will be determined on a case-by-case basis as waiting times at polling places, traffic conditions, and other factors may vary. Employers may also designate if employees can take time off at the beginning or end of their shift.\\nWhat does the New York State Election Law mean for Employers?\\n Employers must post a notice regarding the law at least 10 working days before every election. The notice must be placed in conspicuous places. The law also holds that employers may not require employees to use their “personal” time off to vote. Employers should update their voting leave policies and notices to comply with the new Election Law in order to avoid costly litigation. Employers who bar their employees from voting could also lose their corporate charter.\\nCheck with your Employer’s Time Off Policy\\nIn addition to New York’s legislation, specific employers may have other policies to ensure workers’ time off for voting. For example, over 500 employers have joined the Time to Vote coalition, a nonpartisan organization designed to increase voter turnout in the 2020 election. Companies in the coalition have promised to give workers time off to vote or pledge to have no meetings on election day. Some of these employers include Walmart, Lyft, Uber, and Target. So, check to see if your employer has additional policies regarding time off for voting.\\nSeek Legal Assistance Today\\nIf your rights have been violated in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Only about 56% of eligible U.S. citizens voted in the 2016 presidential election. In an effort to increase voter turnout, some states have enacted laws to guarantee workers time off to vote. New York State’s voting leave law allows registered voters who do not have sufficient time outside of scheduled work hours to take up&hellip;</p>\\n"},{"id":8827,"path":"/blog/you-might-be-eligible-for-paid-sick-leave-families-first-covid-19-response-act","slug":"you-might-be-eligible-for-paid-sick-leave-families-first-covid-19-response-act","modified":"2020-07-09T15:34:00","title":"You Might Be Eligible for Paid Sick Leave: Families First COVID-19 Response Act","content":"On April 1, 2020, the United States government passed new legislation in response\\nto the novel Coronavirus outbreak. This new law titled, the Families First Coronavirus Response Act (FFCRA), requires certain employers to provide employees with paid sick leave or expanded family and medical leave for reasons related to COVID-19. The new federal law, which applies to New York, covers only certain employers, both in public and private sectors, that have fewer than 500 employees. Individuals that are employed by the federal government are covered by Title II of the Family Medical Leave Act, not amended by this Act, and therefore are not covered by FFCRA. The Department of Labor’s Wage and Hour Division, who is responsible for regulating and enforcing the new law, has set a list of provisions that will apply from the effective date through December 31, 2020.\\n\\nHow Much Time Am I Allowed to Take Off under FFCRA?\\nCovered employers are required to provide two weeks (up to 80 hours) of paid sick leave to all employees that are unable to work because they are quarantined or are experiencing COVID-19 symptoms. Individuals who work part-time are also eligible for leave for the number of hours they are normally scheduled to work.\\nAll employees are allowed to take two weeks (up to 80 hours) of paid sick leave at two-thirds of their regular rate of pay if they are unable to work due to caring for a family member or child whose school or child care provider is closed or for reasons related to COVID-19. For employees that have been working at their company for more than 30 days, employers are required to provide up to an additional 10 weeks of paid expanded family and medical leave at two-thirds of their regular rate of pay for the same reason listed above (caring for a child whose school or child care provider is unavailable due to COVID-19).\\nWhat are Qualifying Reasons for Leave?\\nUnder the provisions for the FFCRA, there are six reasons that qualify for leave. These reasons include an employee being unable to work because he/she has been advised by a health care provider to self-quarantine, has coved-19 symptoms, or must provide care to individuals at home who have to self-quarantine. \\nHow Much Will I Get Paid While on Leave?\\nEmployees that are taking leave must be paid at either their regular rate or minimum wage (whichever is higher), two-thirds of their regular rate, or a set amount per day depending on their specific reason for taking leave. \\nSeek Legal Assistance Today \\nIf your rights under FFCRA have been violated in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>On April 1, 2020, the United States government passed new legislation in response to the novel Coronavirus outbreak. This new law titled, the Families First Coronavirus Response Act (FFCRA), requires certain employers to provide employees with paid sick leave or expanded family and medical leave for reasons related to COVID-19. The new federal law, which applies to&hellip;</p>\\n"},{"id":8819,"path":"/blog/what-are-pregnant-womens-employment-rights-during-a-pandemic","slug":"what-are-pregnant-womens-employment-rights-during-a-pandemic","modified":"2020-07-08T15:25:19","title":"What are Pregnant Women’s Employment Rights During A Pandemic?","content":"Pregnant women around the world are asking, “What are my employment rights during a pandemic?” Pregnant women’s immune systems are already under an overwhelming amount of stress, and little is known about the impacts of Covid-19 on pregnant women or their unborn children. To alleviate some risk, many doctors advise pregnant women to try to work from home. So, is an employer legally required to give a pregnant woman accommodations in the workplace? The short answer is yes, but you must approach your employer and ask directly about accommodations. Pregnant women could fall under three federal laws: the Pregnancy Discrimination Act, the Americans With Disabilities Act, and the Family Medical Leave Act, as well as state laws such as the New York State Pregnant Workers Fairness Act.\\nFederal Laws Protecting Pregnant Workers\\nThe Pregnancy Discrimination Act ensures that, if your employer has given similar accommodations to non-pregnant employees and you work for a company that employs 15 or more people, your employer must give pregnant women workplace accommodations. In the context of the pandemic, this requirement could prove difficult because you would have to find another immunocompromised employee who received accommodations.\\n The Americans with Disabilities Act ensures that, if you have an underlying condition, your employer must provide reasonable accommodations unless it will cause “undue hardship” on the company. Underlying conditions do not include pregnancy, but it does include gestational diabetes and other ailments that may be influenced by the pregnancy. You must alert your employer to your underlying condition and ask them directly for accommodations in order to receive them. An employer does not have to offer you accommodations if you don’t make it known you need them. Undue hardship is defined as something that is extremely difficult or expensive.\\n Pregnant employees may be covered under the Family Medical Leave Act if they have other children and no access to childcare. The Family Medical Leave Act allows you 12 weeks of leave; however, these are the only weeks you receive to take care of your newborn later on as well. The Coronavirus Family First Act may provide some pregnant women with a similar amount of leave. \\nNew York Laws Protecting Pregnant Employees\\nThe New York State pregnant workers fairness act states if your employer has four or more employees, and you need a “reasonable accommodation” because of pregnancy or childbirth, your employer must provide it unless it would cause “undue hardship .” Reasonable accommodations include asking for schedule changes, new equipment, or a change in job duties. Working remotely could fall under the broad phrase of change in job duties, if it is not too expensive or difficult for the employer.\\n Seek Legal Assistance Today\\nIf you have experienced pregnancy discrimination, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Pregnant women around the world are asking, “What are my employment rights during a pandemic?” Pregnant women’s immune systems are already under an overwhelming amount of stress, and little is known about the impacts of Covid-19 on pregnant women or their unborn children. To alleviate some risk, many doctors advise pregnant women to try to&hellip;</p>\\n"},{"id":8811,"path":"/blog/reasonable-accommodations","slug":"reasonable-accommodations","modified":"2020-07-06T18:32:15","title":"COVID-19: How to Request Reasonable Accommodations If I Have a Disability?","content":"In New York City, offices are welcoming employees back after months of working remotely. The Centers for Disease Control and Prevention (CDC) reports that older adults and people with underlying medical conditions are at a higher risk of severe illness from COVID-19. As these vulnerable populations return to work, employers should continue to comply with anti-discrimination laws like the Americans with Disabilities Act (ADA).\\nWhat does the law say about reasonable accommodations?\\nUnder the Americans With Disabilities Act (ADA), employers must make reasonable accommodations for employees with disabilities unless the accommodations would cause an undue hardship on the company. An accommodation would cause “undue hardship” if it were too expensive or difficult for the employer to put it in place. For example, it might be more difficult in a pandemic to acquire certain equipment or hire temporary workers for specialized positions. However, these factors do not mean that an employer can reject any accommodation that costs money; an employer must weigh the cost of an accommodation against its current budget and other constraints this pandemic poses. If a particular accommodation poses undue hardship, the employer and employee can work together to find low-cost alternatives.\\nHow do I request for reasonable accommodations?\\nAccording to the Equal Employment Opportunity Commission (EEOC), employees should inform their employers that they require a reasonable accommodation for an underlying CDC-listed medical condition. Employers then begin the interactive process  the discussion between the employer and employee focused on whether the impairment is a disability and the reasons why an accommodation is needed. Employees should expect employers to ask questions to determine whether the condition is a disability and request medical documentation if needed. Both parties should also discuss how the requested accommodation would effectively address any limitations created by the disability.\\nCan I be laid off or furloughed because my employer refuses my reasonable accommodation?\\nNo, an employer cannot exclude an employee from the workplace solely because the employee has an underlying CDC-listed medical condition. Once an employee submits a request for a reasonable accommodation, the employer must consider it under the ADA. An employer can only take such adverse employment actions if the employee’s disability poses a “direct threat” to his or her health that cannot be eliminated or reduced with a reasonable accommodation. The employer must engage in the interactive process with the employee and consider all other alternatives. The employee cannot be terminated unless there is still no eﬀective reasonable accommodation after this process.\\nSeek Legal Assistance Today\\nIf you have experienced disability discrimination, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In New York City, offices are welcoming employees back after months of working remotely. The Centers for Disease Control and Prevention (CDC) reports that older adults and people with underlying medical conditions are at a higher risk of severe illness from COVID-19. As these vulnerable populations return to work, employers should continue to comply with&hellip;</p>\\n"},{"id":8804,"path":"/blog/starbucks-banned-employees-from-wearing-black-lives-matter-attire","slug":"starbucks-banned-employees-from-wearing-black-lives-matter-attire","modified":"2020-06-26T14:23:03","title":"Starbucks Banned Employees From Wearing Black Lives Matter Attire","content":"In the midst of national protests for racial justice, many major companies have publicly shown their support for the Black Lives Matter movement. One of these companies is Starbucks, a major coffee retailer. In the first week of June, Starbucks tweeted several times, committing to being a part of the change and partner with different organizations that fight bias and racism. However, the company explicitly stated to its employees that Black Lives Matter attire was prohibited from being worn in the workplace. Their reasoning was that the company’s dress code forbids accessories that advocate a political, religious, or personal issue. According to the companys policy, wearing pins in support of religious, political, or personal issues could potentially “threaten to harm customer relations” or “interfere with Starbucks public image.” \\nMany Starbucks Employees Spoke Out \\nIn an article published by BuzzFeed News, several Starbucks employees shared their concerns about not being able to wear Black Lives Matter attire to work. According to BuzzFeed, some store managers contacted Starbucks management on behalf of employees who desired to wear Black Lives Matter attire. Management responded that wearing such clothes and accessories “could be misunderstood and potentially incite violence.” More employees came forward to further express their frustration and disappointment with the company’s response. Unlike the tweet that highlighted the company’s willingness to stand with the movement, many employees felt that its in-store policies seemed contradictory. \\nEnsuring Equality In the Workplace \\nMost employees who spoke out against the company’s policy on wearing Black Lives Matter attire noted that in the past, Starbucks has permitted, and even-handed out, buttons and attire promoting same-sex marriage equality and LGBTQ+ rights. Some employees claimed that Starbucks provided them with Gay pride shirts and pins since June is Pride Month. Although employers reserve the right to establish policies that align with the company’s values, all employees must be treated equally and justly for their actions. According to federal and state laws, including New York’s, companies are breaking the law if they reprimand certain employees but not others who engage in the same behavior. \\nStarbucks Eventually Reversed Its Policy on BLM Attire \\nAfter significant employee and public discontent, Starbucks finally decided to reverse its policies regarding Black Lives Matter attire earlier this month. In a letter mailed to employees on June 12th, management expressed that they have heard their employees’ concerns and are designing new t-shirts with Black Lives Matter graphics. Until they arrive, Starbucks is allowing employees to wear supporting accessories and/or clothing of their own. \\nSeek Legal Assistance Today \\nIf you have experienced discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In the midst of national protests for racial justice, many major companies have publicly shown their support for the Black Lives Matter movement. One of these companies is Starbucks, a major coffee retailer. In the first week of June, Starbucks tweeted several times, committing to being a part of the change and partner with different&hellip;</p>\\n"},{"id":8797,"path":"/blog/samsung-apologizes-after-year-long-demonstration","slug":"samsung-apologizes-after-year-long-demonstration","modified":"2020-06-25T14:35:09","title":"Samsung Apologizes to South Korean Employee After Year-Long Demonstration","content":"Image: Associated Press\\nKim Yong-hee, a 60-year-old former Samsung employee, spent 355 days on top of a traffic-camera tower protesting the tech giant. Mr. Kim climbed to the top of the 82-foot tower with the help of his supporters on June 10, 2019. Supporters used a rope to send up food and books, while his wife collected his waste once a week. He held up placards denouncing Samsung and shared past grievances through a megaphone. Despite the harsh conditions on top of the tower, he is determined to stand up to the powerful conglomerate that he claims wrongfully terminated his employment. This protest was his last stand against his former employer after years of alleged retaliation and harassment.\\nWorkers Claim Samsung Has Suppressed Unions and Labor Activists for Decades\\nUnion formation and membership are rights guaranteed by the South Korean constitution. However, Kim argues that his efforts to organize Samsung workers were constantly met with hostility and retaliation. Samsung fired him in 1995 after he tried to form an independent labor union, and he was allegedly attacked and kidnapped by Samsung officials. It seems that Mr. Kim’s resolve to hold his former employer accountable only strengthens over time, despite Samsung’s lack of apology and compensation for unlawful retaliation.\\nIn 2018, prosecutors finally exposed Samsung executives for years of sabotaging union activists when a Court ruled that thirty-nine Samsung executives suppressed union activism. These wins for workers’ rights are rare in South Korea and take many years of trials. Before 2018, Samsung was seen as untouchable by many South Koreans. As a chaebol, an industrial conglomerate run by a family, Samsung’s leaders were found guilty of various crimes but rarely served any time in prison.\\nWill Samsung Improve Its Treatment of Labor Activists?\\nOn May 29, 2020, Kim climbed down the tower after Samsung finally apologized and agreed to meet some of his demands. Lee Jae-Yong, Samsung vice chairman and son of its chairman, recently vowed to be the last member of his family to run the conglomerate. Mr. Lee also renounced Samsung’s control over labor activism and promised to respect its workers’ rights to unionize. Many people believe this hard-fought apology was long overdue for Mr. Kim, who endured countless hunger strikes and sit-ins near Samsung’s headquarters. After the year-long demonstration on top of the tower, Mr. Kim hopes that Samsung will “build a new management-labor relationship,” so that his struggle would not be in vain.\\nSeek Help from a Lawyer Today\\nIf you are a victim of employer retaliation, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Kim Yong-hee, a 60-year-old former Samsung employee, spent 355 days on top of a traffic-camera tower protesting the tech giant. Mr. Kim climbed to the top of the 82-foot tower with the help of his supporters on June 10, 2019. Supporters used a rope to send up food and books, while his wife collected his&hellip;</p>\\n"},{"id":8793,"path":"/blog/what-you-need-to-know-if-youve-been-laid-off-during-a-pandemic","slug":"what-you-need-to-know-if-youve-been-laid-off-during-a-pandemic","modified":"2020-06-22T16:00:33","title":"What You Need to Know if You’ve been Laid Off during a Pandemic","content":"Due to the coronavirus, many companies had massive layoffs and closures. Employees are asking, “How much notice am I supposed to get before I’m laid off?” or “As an employee, how much notice am I supposed to get about business closures?”\\n WARN Act\\nIn 1989, a national law was passed that required employers to give 60 days notice to employees before massive layoffs, closures, and relocations if the company consisted of at least 100 employees. New York State expanded on this initiative with the Worker Adjustment and Retraining Notification (WARN) Act. Under this Act, employers must notify their employees 90 days before a relocation, massive layoff, or closure occurs if their business has more than 50 employees. The Act also requires employers to give 90 days’ notice when 33% or more employees are laid off or if 250 workers are laid off from a single employment site. The notification must also be sent to their representatives, the state labor department, and local workforce investment partners. Failure of an employer to provide this notice will result in the Commissioner of Labor enforcing civil penalties. The civil penalties are usually $500 per day of the violation. So, if an employee was given 60 days notice, he or she could receive $15,000 in civil penalties. Employers may also be liable for payback and benefits to the staff. \\nWhat the WARN Act Provides\\nThe WARN Act allows employees and their families more time to transition and find another job. The act also provides local governments with an opportunity to place onsite help to the employees impacted by the layoff, relocation, or closure. Onsite help includes access to career fairs, resumé building programs, job market information, and much more. This added relief effort helps employees navigate the job market and quickly find a position that fits their skills. \\nExceptions\\nNew York State realizes that there are certain situations where an employer might not be able to give 90 days notice. These situations include government-mandated closures, the loss of your workforce due to school closings, or other specific circumstances due to the coronavirus pandemic. The Department of Labor reviews each coronavirus-related filing and determines whether or not the exception should apply. However, the WARN Act has not been officially suspended during the pandemic.\\nSeek Legal Assistance Today \\nIf you believe your employer violated the WARN Act, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Due to the coronavirus, many companies had massive layoffs and closures. Employees are asking, “How much notice am I supposed to get before I’m laid off?” or “As an employee, how much notice am I supposed to get about business closures?” WARN Act In 1989, a national law was passed that required employers to give&hellip;</p>\\n"},{"id":8783,"path":"/blog/can-you-get-fired-for-posting-your-political-opinions-on-social-media","slug":"can-you-get-fired-for-posting-your-political-opinions-on-social-media","modified":"2020-06-18T14:37:17","title":"Can You Get Fired for Posting Your Political Opinions on Social Media?","content":"Social media has served as a prominent tool for people to freely express their social and political opinions since the beginning of its time. Recently, more individuals are using their social media platforms to spread information and share their opinions on important political and social issues. Nevertheless, over the past few years, many have lost their jobs due to the content of their social media posts. For example, earlier this month, an employee who works for B&amp;H was removed from his position after posting about his opposition to the Black Lives Matter movement on social media. The company gave a statement that although they understand it is the employee’s personal opinion, “it creates an unsafe and unjust workplace for the numerous Black, Indigenous, POC who work for the company.”\\n\\nLaws On Social Media Use\\nAlthough the First Amendment prevents the government from passing laws that restrict free speech, it does not protect citizens from losing their jobs over social media posts. In most instances, employees are considered “at-will” which means they can be fired for any non-discriminatory reason or no reason. The National Labor Relations Act (NLRA), enforced by the National Labor Relations Board (NLRB), has established a set of laws that pertain to the rights employees and employers have when it comes to social media use. Additionally, states, including New York, have created their own laws that protect and/or restrict individuals from sharing on social media. \\nThe NLRA On Employees’ Use of Social Media \\nSection 7 of the NLRA states that employees have “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” However, an employer can determine whether certain conduct constitutes “concertedness and mutual aid or protection.” Due to this technicality, some employers, particularly those in the private-sector, reserve the right to regulate what their employees can post on personal online accounts. \\nAnti-Discrimination Laws\\nThough employers have the freedom to determine which employee’s social media posts are grounds for firing, all employees must be treated equally and fairly. According to federal and New York State laws, online posts cannot be used as a means to fire an employee on the basis of their race, gender, age, or disability. Moreover, companies can also be in violation of federal and state laws if they penalize certain employees but not others who engaged in the same behavior. \\nSeek Legal Assistance Today \\nIf you have experienced discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. \\n \\n&nbsp;\\n&nbsp;","excerpt":"<p>Social media has served as a prominent tool for people to freely express their social and political opinions since the beginning of its time. Recently, more individuals are using their social media platforms to spread information and share their opinions on important political and social issues. Nevertheless, over the past few years, many have lost&hellip;</p>\\n"},{"id":8764,"path":"/blog/police-brutality-ccrb-accountable","slug":"police-brutality-ccrb-accountable","modified":"2020-06-16T14:44:07","title":"Mitigating Police Brutality: Can the CCRB Hold Police Officers Accountable?","content":"Anadolu Agency/Getty Images\\nGeorge Floyd’s death unleashed nation-wide outrage over the disproportionate number of Black men and women killed by the police each year. As some protests were met with physical responses from police officers, some people are questioning why the police still allow such displays of excessive force. Former Minneapolis Police Officer Derek Chauvin, 1 of the 4 officers involved in Mr. Floyd’s death, received over 17 civilian complaints against him. Some of the complaints included the use of derogatory language and excessive force. He was not punished for any misconduct until the video of him kneeling on Floyd’s neck for almost nine minutes went viral. While Chauvin was charged with second-degree manslaughter, 99% of police killings do not result in officers being charged with a crime. Some argue this lack of accountability perpetuates a toxic culture that allows police officers to disregard rules and prior training without fear of punishment. One solution to hold police accountable to the communities they serve is that civilian complaints need to be investigated and enforced.\\nCCRB Struggles to Impose Disciplinary Measures for Police Brutality\\nIn New York City, the Civilian Complaint Review Board (CCRB) tracks and investigates complaints of police brutality. According to their data, 80% of all complaints were for abuse of force and authority, and Black Americans were over twice as likely to be complainants. Despite this data, oversight boards like CCRB are largely considered ‘toothless’ because their investigations have not generally led to greater accountability or the removal of problematic officers.\\nThe strength of police unions makes it difficult for the CCRB to hold police officers accountable for misconduct. Police unions have high membership rates, giving them ample resources to defend accused officers and lessen their punishment. Police brutality thus becomes nearly immune from public accountability because of objections from police unions and the wide discretion that the law gives police officers to use force.\\nPolice Reforms Should Address Systemic Racism and Strengthen the CCRB\\nEfforts to improve police accountability must address the systemic racism long embedded in this institution. Police brutality toward African Americans began as early as the 1600s when slave patrols were organized. Since then, Black communities have continued to be heavily policed through the War on Drugs initiative and policies like the 1994 crime bill. By strengthening oversight boards like CCRB and giving them the power to fire officers who threaten public safety, police departments can address the disparate impact they have on Black communities. When these boards impose disciplinary measures over the objections of police unions, patterns of misconduct and racism among police officers will be subjected to public scrutiny and consequences that are long overdue.\\nSeek Help from a Lawyer Today\\nThe Working Solutions Law Firm, located in New York City, can assist you if you have experienced racial discrimination in the workplace. Contact us at (646) 430-7930 to schedule a free case evaluation.","excerpt":"<p>George Floyd’s death unleashed nation-wide outrage over the disproportionate number of Black men and women killed by the police each year. As some protests were met with physical responses from police officers, some people are questioning why the police still allow such displays of excessive force. Former Minneapolis Police Officer Derek Chauvin, 1 of the&hellip;</p>\\n"},{"id":8768,"path":"/blog/supreme-court-outlaws-lgbt-discrimination","slug":"supreme-court-outlaws-lgbt-discrimination","modified":"2020-06-15T18:13:22","title":"Supreme Court Outlaws LGBT Discrimination","content":"In a landmark ruling this week, the U.S. Supreme Court (USSC) decided that sex discrimination now includes LGBT discrimination. This ruling means that employers can no longer discriminate against LGBT workers on the basis of sexual orientation or gender identity. Before this ruling, sex discrimination in Title VII of the Civil Rights Act of 1964 only prevented discrimination on the basis of biological sex. 21 states, including New York, already had their own laws preventing LGBT discrimination. However, this USSC ruling now will be the law of the land in all 50 states. \\nLGBT Discrimination Cases Before the USSC\\nThree cases involving LGBT discrimination arose before the USSC. Gerald Bostock was fired from a county job after he participated in a gay softball team. Donald Zarda was fired after he told a female customer to not worry about being tightly strapped to him during a skydiving lesson because he was 100% gay. A funeral home worker, Aimee Stephens, was fired for not following the employer’s male dress code after Stephens began to identify as female. \\nTrump Administration’s Arguments Against Changing The Definition of Sex Discrimination\\nThe Trump administration unsuccessfully argued that the legal definition of sex discrimination does not include sexual orientation and gender identity. The basis of the administration’s argument was that biological sex is different from gender identity and sexual orientation. For example, Trump’s Justice Department said The ordinary meaning of sex is biologically male or female; it does not include sexual orientation . . . An employer who discriminates against employees in same-sex relationships thus does not violate Title VII as long as it treats men in same-sex relationships the same as women in same-sex relationships. Ultimately, these arguments were not strong enough to persuade the Court to uphold the previous definition of sex discrimination.\\nUSSC Reasoning on LGBT Discrimination\\nThe USSC acknowledged that gender identity and sexual orientation were not what Congress intended to include when they passed Title VII. Rather, Congress originally sought to prevent discrimination on the basis of biological sex. However, the USSC reasoned that, when an employer fires a man who dates men but not a woman who dates men, that employer has committed sex discrimination. Justice Gorsuch, President Trump’s first USSC appointee, wrote: An employer who fired an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex . . . Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids. LGBT workers and activists have since celebrated the USSC’s decision to outlaw discrimination on the basis of sexual orientation and gender identity.\\nSeek Legal Assistance Today\\nIf you have experienced LGBT discrimination at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In a landmark ruling this week, the U.S. Supreme Court (USSC) decided that sex discrimination now includes LGBT discrimination. This ruling means that employers can no longer discriminate against LGBT workers on the basis of sexual orientation or gender identity. Before this ruling, sex discrimination in Title VII of the Civil Rights Act of 1964&hellip;</p>\\n"},{"id":8756,"path":"/blog/rise-in-gender-inequality-sex-discrimination-during-covid-19","slug":"rise-in-gender-inequality-sex-discrimination-during-covid-19","modified":"2023-03-14T14:27:40","title":"Rise In Gender Inequality & Sex Discrimination During Covid-19","content":"In the wake of the coronavirus pandemic, gender inequality has spiked. Data shows that the majority of unemployment applicants in states such as New York, in mid-to-late March were women, accounting for 55% of the increase in job losses in the US. As a result, this growth has threatened to reverse years of progress towards gender equality. Experts fear the possibility of returning to a society where women are staying at home, while men go to work. As the virus spreads, women bear the brunt of job disruption. Additionally, with the majority of schools closing, women are taking on extra childcare and household responsibilities.&nbsp;\\nGender Inequality In The Workplace&nbsp;\\nIn a report from the Institute for Fiscal Studies and the UCL Institute of Education, mothers were 47% more likely to have permanently lost their job and 14% were more likely to have been laid off since the beginning of the pandemic than men. The most affected sectors are hospitality, education, health care, and retail, all in which the vast majority of workers are female. Yet, according to the National Women’s Law Center (NWLC), women account for the majority of job losses in these industries. Women, who make up roughly 67% of the low-wage workforce (earning less than $11 per hour), already make an average of that 15% less than their male counterparts for performing the same work. This number is even lower for women of color. The coronavirus crisis led the government to exempt companies from filing gender pay gap data this year. With significant job losses and the lack of transparency in gender pay gap statistics, women are disproportionately affected by the economic consequences of the virus.&nbsp;&nbsp;\\nPregnancy Discrimination During Covid-19&nbsp;\\nHealthcare workers are also facing pregnancy discrimination. The founder of Pregnant Then Screwed, a charity led by women who have experienced&nbsp; pregnancy discrimination recently gave a statement that “pregnancy is considered a burden, while mothers are seen as distracted and less committed;” as a result, there is “a blatant erosion of employment rights for pregnant women.” On the contrary, some pregnant healthcare workers say that they have been pushed into working at the frontline of the coronavirus crisis. In fact, one pregnant nurse from the UK, who was close to full-term and working at the frontline of the crisis, died of Covid-19 in April. Federally, according to the Pregnancy Discrimination Act (PDA) under Title VII of the Civil Rights Act of 1964, discrimination on the basis of pregnancy constitutes unlawful sex discrimination. Furthermore, on March 16th, the government classed pregnant women as “vulnerable to severe illness if infected with Covid-19” and should, therefore, “carefully”&nbsp; adhere to social distancing rules.&nbsp;\\nSeek Legal Assistance Today&nbsp;\\nIf you have experienced gender discrimination in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In the wake of the coronavirus pandemic, gender inequality has spiked. Data shows that the majority of unemployment applicants in states such as New York, in mid-to-late March were women, accounting for 55% of the increase in job losses in the US. As a result, this growth has threatened to reverse years of progress towards&hellip;</p>\\n"},{"id":8753,"path":"/blog/bon-appetit-editor-in-chief-resigns-among-racism-allegations","slug":"bon-appetit-editor-in-chief-resigns-among-racism-allegations","modified":"2020-06-11T13:55:50","title":"Bon Appetit Editor-In-Chief Resigns among Racism Allegations","content":"Allegations of racism in the workplace are spreading at Bon Appetit, a popular food magazine. Editor-in-chief Adam Rapoport resigned this week after an old photo of him and his wife circulated on social media. In the photo, both he and his wife dressed as Puerto Ricans for Halloween. Rapoport wrote “I am stepping down as editor in chief of Bon Appetit to reflect on the work that I need to do as a human being and to allow Bon Appetit to get to a better place. From my extremely ill-conceived Halloween costume 16 years ago to my blind spots as an editor, I’ve not championed an inclusive vision.” Beyond this heavily criticized photo, employees at Bon Appetit are now coming forward with other allegations of a toxic and racist workplace. \\nBon Appetit Employees Allege Racism At Work\\nAssistant editor Sohla El-Waylly brought forward a serious allegation of illegal discrimination. El-Waylly claimed that Bon Appetit only paid white editors for work on Bon Appetit’s Test Kitchen series. Specifically, El-Waylly wrote online “I’ve been pushed in front of video as a display of diversity . . . None of the people of color were compensated.” Similarly, senior food editor Molly Baz has refused to participate in any videos until coworkers have equal pay on the basis of race. It is illegal for employers to not pay workers equally on the basis of race. Disparate treatment against all employees of color, such as what El-Waylly alleged, is often evidence of illegal racial discrimination. This trend is particularly obvious in situations where white employees are all treated more favorably in the workplace. \\nBon Appetit Responds to Allegations of Racism\\nAlthough editor-in-chief Adam Rapoport resigned, current employees responded to the allegations of racial discrimination. Molly Pacala, a spokeswoman for Bon Appetit, stated “it would be inaccurate to report that only white people were paid for video appearances.” However, the Condé Nast (Bon Appetit’s parent company) head of programming, Matt Duckor, may have admitted that Bon Appetit was at fault. Duckor stated online: “I’m disturbed by the actions of @bonappetitmag EIC @rapoport revealed today, as they don’t represent the brand I work for or the incredible people who I get to call colleagues . . . I take responsibility for my part in this flawed system and will be an ally with my BIPOC [Black, Indigenous, People of Color] coworkers to create a more equitable one that values all employees, whether it be for their writing, recipe development or video work.” If Bon Appetit employees bring a racial discrimination lawsuit and win, they would likely be compensated for all their time worked.\\nSeek Legal Assistance Today\\nIf you have experienced racial discrimination at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Allegations of racism in the workplace are spreading at Bon Appetit, a popular food magazine. Editor-in-chief Adam Rapoport resigned this week after an old photo of him and his wife circulated on social media. In the photo, both he and his wife dressed as Puerto Ricans for Halloween. Rapoport wrote “I am stepping down as&hellip;</p>\\n"},{"id":8747,"path":"/blog/gabrielle-union-alleges-racial-discrimination","slug":"gabrielle-union-alleges-racial-discrimination","modified":"2020-06-10T19:32:50","title":"Gabrielle Union Alleges Racial Discrimination","content":"Gabrielle Union recently filed a racial discrimination complaint against Simon Cowell, NBC, and others affiliated with the show America’s Got Talent. Gabrielle Union is known for her roles in She’s All That, 10 Things I Hate About You, and Bring It On. Gabrielle was a judge on the hit show America’s Got Talent and resigned after just one season.Gabrielle expressed that she experienced retaliation, harassment, and discrimination while she was on the show. America’s Got Talent allegedly requested her to tone down her hair. Gabrielle believes it is because her hair did not match the white image NBC wanted to portray to the audience. Gabrielle alleges that racist performances were on the show. She claims that she was the subject of many racist remarks made by multiple people on the show. Gabrielle named guest judge Jay Leno as someone who issued such remarks. Gabrielle said that when she presented these issues to the NBC Entertainment Chairman, Paul Telegedy, he tried to undermine the investigation into her claims. Overall Gabrielle Union says that America’s Got Talent had a toxic work environment. She expressed that she is speaking out because she wants to make “real change” and strive for a high-functioning, inclusive, protected, and healthy example of a workplace.\\nNBC’s Response to the Racial Discrimination Claim\\nNBC responded to the allegations by saying, through the investigation process, it has been revealed that no one associated with the show made any insensitive or derogatory remarks about Ms. Union’s appearance and that neither race nor gender was a contributing factor in the advancement or elimination of contestants at any time. NBC released an additional statement on Thursday saying, “The allegation that anyone involved in this process threatened Ms. Union is categorically untrue. We took Ms. Union‘s concerns seriously, and engaged an outside investigator who found an overarching culture of diversity on the show. NBCUniversal remains committed to creating an inclusive and supportive working environment where people of all backgrounds are treated with respect.”\\nLaws Against Racial Discrimination in the Workplace\\nOn the federal level, racial discrimination is the subject of Title VII of the Civil Rights Act of 1964. Under Title VII, the following is illegal on the basis of race: failing to or refusing to hire someone, firing or disciplining someone, paying an employee less, failing to provide promotions or benefits, and segregating employees. Each state then differs in racial discrimination laws that add to the protections provided in Title VII. For example, in New York State, there is the New York City Human Rights Law that adds protected classes from discrimination in addition to that of race.\\nSeek Legal Assistance Today \\nIf you have experienced racial discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Gabrielle Union recently filed a racial discrimination complaint against Simon Cowell, NBC, and others affiliated with the show America’s Got Talent. Gabrielle Union is known for her roles in She’s All That, 10 Things I Hate About You, and Bring It On.  Gabrielle was a judge on the hit show America’s Got Talent and resigned&hellip;</p>\\n"},{"id":8740,"path":"/blog/can-your-employer-fire-you-for-protesting-in-new-york","slug":"can-your-employer-fire-you-for-protesting-in-new-york","modified":"2020-06-08T19:59:11","title":"Can your employer fire you for protesting in New York?","content":"New Yorkers who have participated in the NYC protests following the Minneapolis police’s killing of George Floyd may be concerned that their employers could fire or retaliate against them for demonstrating. Although there have been incidents of looting and violence, the NYC protests have been largely peaceful and have taken place in all five of the city’s boroughs over the past 11 days. Considering that the NYPD has arrested countless protestors on charges such as disorderly conduct, resisting arrest, and unlawful assembly; and images and videos of protesters have been published on social media, New Yorkers may worry that their employers will find out about their involvement in demonstrations and punish them. However, the New York Labor Law (NYLL) § 201-d also known as the “Legal Activities Law” forbids employment discrimination based on engagement in certain political and recreational activities. The law implies that companies in New York cannot fire employees for protesting, but there are certain limitations to these protections. \\nThe Legal Activities Law \\nThe Legal Activities Law prohibits employers from refusing to hire, terminating, or discriminating against employees for their involvement in various political or recreational activities outside of work without any use of their employer’s equipment or property. Political activities are defined as “(i) running for public office, (ii) campaigning for a candidate for public office, or (iii) participating in fund-raising activities for the benefit of a candidate, political party, or political advocacy group.” The law describes recreational activities as hobbies outside of work hours such as sports, reading, exercise, art, etc. It also protects New York workers from retaliation for their membership in a union. Ultimately, New Yorkers can protest without fear of employer retaliation so long as they do so legally, outside of work hours, and without employer property or equipment. \\nExceptions to the Legal Activities Law\\nOne major exception to this statute is that it does not protect employees from retaliation for their political or recreational activities if they were illegal regardless of whether they were actually charged with a crime. Employers could deem protesting as illegal if demonstrators were marching in the street, using amplified sound, or gathered in a group of more than 20 people in a park without permits from the NYPD.\\nHowever, New York Human Rights Law prohibits employers from discriminating against workers or job applicants on the basis of their arrest history in many circumstances. Thus, a worker may actually have greater legal protection against retaliation if they were arrested for their political or recreational activity than if they were not. If they were arrested, it is illegal for their employer to ask about their criminal record or retaliate against them in many cases. If they were not arrested, their employer has more discretion to interpret their political or recreational activity as illegal themselves and terminate them. Thus, protesters who were fired due to their arrest during a demonstration could actually have stronger claims against their employers. \\nSeek Legal Assistance \\nIf your employer has retaliated against you for protesting, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>New Yorkers who have participated in the NYC protests following the Minneapolis police’s killing of George Floyd may be concerned that their employers could fire or retaliate against them for demonstrating. Although there have been incidents of looting and violence, the NYC protests have been largely peaceful and have taken place in all five of&hellip;</p>\\n"},{"id":8727,"path":"/blog/criminal-minds-producers-accused-of-sexual-misconduct","slug":"criminal-minds-producers-accused-of-sexual-misconduct","modified":"2020-06-08T16:24:12","title":"Criminal Minds Producers Accused of Sexual Misconduct","content":"The California Department of Fair Employment and Housing (DFEH) recently sued the producers of the hit show Criminal Minds, alleging sexual misconduct. The show’s cinematographer reportedly engaged in sexual misconduct with crew members for 14 years. DFEH also named Disney and CBS in this lawsuit filed in Los Angeles Superior Court last month. The suit claims the producers of the show were not only aware of the alleged behavior of cinematographer Gregory St. Johns, but also condoned it and took no further actions to stop it. DFEH called out the executives accused of reportedly firing over a dozen men for avoiding or rejecting St Johns’ undesired groping and verbal sexual harassment.\\nSexual Harassment On The Set of Criminal Minds \\nIn July 2019, Todd Durboraw, a 2nd assistant cameraman, filed a lawsuit with similar allegations. Durboraw claimed that a supervisor on set harassed him “approximately two to three times a week on average”. Since March 2019, the state began investigating the production, finding a pattern in St. Johns’ alleged inappropriate behavior towards men on set. According to the U.S. Equal Employment Opportunity Commission, it is federally unlawful to harass an employee, which includes, “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature”. The harasser can be the victim’s supervisor, another supervisor in another area, or simply a co-worker.\\nLaws On Sexual Harassment In The Workplace\\nSexual harassment in the workplace occurs far more frequently than you may think. However, movements such as #MeToo and #TimesUp, which have become popular in recent years, have encouraged more conversations and enforcement of laws preventing sexual harassment. Furthermore, several states have taken strong actions to combat sexual harassment in the workplace. One such state is New York. In the midst of the #MeToo movement, New York state lawmakers established new supplemental laws, including a required online training program for employers. These new laws include protections for victims of sexual harassment, such as an extension for the statute of limitations on these types of claims.\\nGender Differences In Reporting Sexual Harassment \\nMany individuals, mostly women, have come forward to share their stories in the #MeToo era. However, men, who are also victims of sexual harassment, report their stories less often than women. Research indicates that when men are asked why they are reluctant to come forward they cite societal stigmas that consider reporting such behavior as “unmanly”. Yet, data shows that 1 in 21 men experience a form of sexual harassment in their lifetime.\\nSeek Legal Assistance Today \\nIf you have experienced sexual harassment in the workplace, seek legal assistance from the Working Solutions Law Firm, located in New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n \\n&nbsp;","excerpt":"<p>The California Department of Fair Employment and Housing (DFEH) recently sued the producers of the hit show Criminal Minds, alleging sexual misconduct. The show’s cinematographer reportedly engaged in sexual misconduct with crew members for 14 years. DFEH also named Disney and CBS in this lawsuit filed in Los Angeles Superior Court last month. The suit&hellip;</p>\\n"},{"id":8717,"path":"/blog/public-education-campaign-to-combat-anti-asian-discrimination","slug":"public-education-campaign-to-combat-anti-asian-discrimination","modified":"2020-06-05T15:20:44","title":"NYC Commission on Human Rights to Launch PSA to Combat Anti-Asian Discrimination","content":"Illustration by: LA Johnson\\nIn response to increasing complaints of anti-Asian discrimination in New York, the New York City Commission on Human Rights (NYCCHR) will launch a $100,000 public education campaign to raise awareness of incidents of bias and hostility that are related to the ongoing COVID-19 pandemic. NYCCHR designed this two-month long campaign in consultation with various Asian American communities. The NYCCHR will use the WeChat app, a multipurpose social media platform, to reach out to Chinese communities while putting up ads in languages such as Vietnamese, Japanese, Arabic, and Spanish to provide resources to report acts of harassment and discrimination. These ads are reminders that help is available for anyone who has witnessed or experienced incidents of discrimination.\\nSpike in complaints of anti-Asian discrimination during COVID-19\\nBetween February and May 2020, the Commission received a drastic increase in reports of anti-Asian harassment compared to the same period last year. More than 100 acts of discrimination in New York involved verbal abuse, vandalism of Asian-owned businesses, and physical assault. During this pandemic, doctors, nurses, and patients of Asian descent are also facing increasing harassment. In April, New York State received the most unemployment filings from Asian Americans, more than any other racial group. As Asian-owned businesses begin reporting a loss of customers during the pandemic, many Asian Americans are also losing their source of income.\\nAnti-Asian discrimination is not new to the US; waves of racism emerged with the passing of the Chinese Exclusion Act of 1882, the incarceration of Japanese Americans during WWII and the murder of Vincent Chin. In the aftermath of Pearl Harbor, there was widespread fear and suspicion of Japanese spies in the West Coast. This misguided fear of the Japanese motivated the military to force 120,000 Japanese people into internment camps. Just as the Executive Branch suspected an entire ethnic group of helping the enemy, some people assume that a person has COVID-19 because they are of Asian descent. Discrimination related to COVID-19 highlights the misplaced fears that too many people have towards Asian Americans.\\nNew York Law on Racial Discrimination in the Workplace\\nUnder Title VII of the Civil Rights Act of 1964, the federal government prohibits employers (with at least 15 employees) from discriminating against job applicants and employees based on race. According to New York State and New York City Human Rights Law, employers with at least 4 employees are prohibited from discriminating on the basis of race. Racial discrimination can occur when employers make decisions based on an employee or applicant’s race and not on their merit or performance.\\nSeek Help from a Lawyer Today\\nIf you have experienced racial discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In response to increasing complaints of anti-Asian discrimination in New York, the New York City Commission on Human Rights (NYCCHR) will launch a $100,000 public education campaign to raise awareness of incidents of bias and hostility that are related to the ongoing COVID-19 pandemic. NYCCHR designed this two-month long campaign in consultation with various Asian&hellip;</p>\\n"},{"id":8706,"path":"/blog/transgender-athlete-policy-violates-title-ix-or-gender-discrimination","slug":"transgender-athlete-policy-violates-title-ix-or-gender-discrimination","modified":"2020-06-04T16:16:31","title":"Department of Education Says Transgender Athlete Policy Violates Title IX","content":"Connecticut has a policy that allows transgender athletes to compete with their gender identity rather than the sex on their birth certificate. Recently, the US Department of Education released a statement saying that the policy violates Title IX. The decision came out after a group of cisgender (biological) females filed a complaint that two transgender athletes, Terry Miller and Andraya Yearwood, have an unfair biological advantage.\\nGender Discrimination Lawsuit Involving Transgender Athletes\\nThe two transgender athletes have outperformed their competitors winning a combined total of 15 indoor and outdoor track and field championships since 2017. The letter from the US Department of Education comments on the policy, stating Connecticut’s policy denied female student-athletes athletic benefits and opportunities, including advancing to the finals in events, higher level competitions, awards, medals, recognition, and the possibility of greater visibility to colleges and other benefits. The US Department of Education gave the Connecticut Interscholastic Athletic Conference (CIAC) along with school officials in Glastonbury, Bloomfield, Hartford, Cromwell, Canton and Danbury up to 20 days to fix the violation of Title IX. If the violation is not resolved, the US Department of Education threatened to withhold or terminate funding to the association as well as refer the case to the Justice Department.\\nTerry Miller and Andraya Yearwood’s lawyers have argued that the two athletes have been undergoing hormone treatment to even the playing field between them and their cisgender competition. The CIAC said in a statement, Connecticut law is clear and students who identify as female are to be recognized as female for all purposes  including high school sports. CIAC argues that under Connecticut law not allowing transgender students to compete in sporting events with their gender identity is considered gender discrimination. Connecticut is one of many states including New York that has a policy about the inclusion of transgender athletes. \\nCurrent Sex Discrimination Laws- Title IX\\nTitle IX was founded in 1972. The federal civil rights law prevents discrimination on the basis of sex and provides equal opportunities for federal financed programs. This law required public schools to provide equitable athletic opportunities for males and females. Since the law’s founding, the term sex became more ambiguous. In 2016, the Department of Education released guidance that said that Title IX protects transgender students, who should not be discriminated against on the basis of sex. Under this guidance, transgender students would be able to compete in sports with their gender identity rather than their biological sex. This guidance was then withdrawn in 2017 by the Trump administration, leaving many unsure about their rights. \\nDo you think transgender students should be able to compete with their gender identity?\\n Seek Legal Assistance Today \\nIf you are being discriminated against on the basis of sex, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n \\n&nbsp;","excerpt":"<p>Connecticut has a policy that allows transgender athletes to compete with their gender identity rather than the sex on their birth certificate. Recently, the US Department of Education released a statement saying that the policy violates Title IX. The decision came out after a group of cisgender (biological) females filed a complaint that two transgender&hellip;</p>\\n"},{"id":8698,"path":"/blog/many-it-workers-do-not-receive-their-rightful-overtime-pay","slug":"many-it-workers-do-not-receive-their-rightful-overtime-pay","modified":"2020-06-01T16:13:40","title":"Many IT Workers Do Not Receive Their Rightful Overtime Pay","content":"Many information technology employees work long hours for low pay and no overtime compensation. The health care industry has started hiring more IT consultants to implement new software, train employees on how to use them, and provide ongoing application support services for colleagues and clients. Many of these workers are considered independent contractors who are given hourly wages with no overtime compensation as a matter of company policy. However, an employer can only withhold overtime pay if a worker falls under the executive, administrative, professional, computer employee, outside sales, or highly compensated employee exemptions according to the Fair Labor Standards Act (FLSA). In 2006, the Department of Labor issued an opinion letter that stated that IT Support Specialists must receive overtime pay because they do not qualify for the administrative or computer employee exemptions. IT workers do not exercise “discretion and independent judgment with respect to matters of significance” in many cases, so they must still receive overtime compensation from their employers.\\nSome examples of IT workers who are often denied their rightful overtime pay include Health Care EMR (Electronic Medical Record) Consultants, Workforce Management Consultants, Product Consultants, Facilitation Consultants, Training Consultants, and Implementation Specialists. Many hospitals also use electronic medical record health care software like Epic Systems that provide functions related to patient care, scheduling, and billing. IT consultants like Epic Implementation Specialists, Epic Analysts, Epic Software Specialists, and Epic Service Desk workers that provide software support to hospitals are also entitled to overtime compensation.\\nCase Study: DYSE V. HealthAll Consulting\\nIT workers who have not received overtime pay can start a class-action lawsuit with hundreds to thousands of similarly situated employees against their company to seek compensation for their unpaid wages. A small group of plaintiffs can submit a complaint on behalf of a “class” with similar legal claims that would be too expensive and time-consuming to litigate individually.\\nFor example, in 2019, a consultant named Heather Dyse who provided electronic recordkeeping support filed a collective action complaint against HealthAll Consulting, for unpaid overtime wages. Collective action lawsuits are similar to class actions, but they require that members of the class “opt-in” to the lawsuit with written consent forms. In 2020, the court approved Heather Dyes’ collective action group—all consultants who worked in her location (Huntsville, Alabama) in the past three years who were classified as independent contractors and did not receive overtime pay. In some cases, class or collective action lawsuits like this can be very profitable for the individuals involved.\\nSeek Legal Assistance Today\\nIf you are not getting paid your rightful overtime compensation, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Many information technology employees work long hours for low pay and no overtime compensation.  The health care industry has started hiring more IT consultants to implement new software, train employees on how to use them, and provide ongoing application support services for colleagues and clients.  Many of these workers are considered independent contractors who are&hellip;</p>\\n"},{"id":8694,"path":"/blog/lyft-violates-sick-day-law-during-pandemic","slug":"lyft-violates-sick-day-law-during-pandemic","modified":"2020-06-01T14:45:38","title":"Lyft Violates Sick Day Law During Pandemic","content":"A former Lyft driver recently sued the ride-share company, alleging that her former employer violated sick day laws. Given the coronavirus outbreak, enforcing sick day laws is more important than ever for public health. The lawsuit claims that Lyft refused to provide required paid sick day leave to drivers in Washington, D.C.. Not only could this be damaging to the health of Lyft employees, but also could exponentially spread the coronavirus, as Lyft drivers come into contact with many customers throughout the workday. Although drivers have alleged this violation in D.C., Lyft is also popular in our home state of New York. We do not know for sure if Lyft drivers in New York have also been denied sick days. \\nWhether Drivers Get A Paid Sick Day Depends On Classification\\nThe proposed class-action lawsuit in D.C. argues that Lyft drivers should be classified as employees rather than independent contractors. In Washington D.C., employees are entitled to roughly seven paid sick days annually based on 2,000 work hours. Lyft and other ride-sharing services like Uber have long argued that their drivers are actually independent contractors, who are not entitled to the same benefits as employees. In a statement, Lyft said it is financially supporting drivers who test positive for coronavirus and helping drivers obtain paid sick leave through federal policies. When an employer denies a sick leave to an employee during a pandemic, that employee is faced with a difficult choice. On the one hand, they could risk their livelihood by staying home to get healthy. On the other hand, they could continue to work, risk their lives, and endanger the lives of customers. \\nPaid Sick Day Law New York City\\nIt’s important for workers to be aware of sick day laws so they can ensure their legal rights. In New York City, for-profit and nonprofit employers with five or more employees must provide paid sick leave. Employers with four or fewer employees must provide unpaid sick leave. Generally, employers must provide workers with up to 40 hours of sick day leave annually. Your employer may not require you to present a doctor’s note until you use more than three consecutive workdays as sick days. Additionally, an employer cannot require you to disclose any personal health information about your specific illness. If you think your employer in New York has violated one of these or another sick day law, you should speak with an experienced attorney.\\nSeek Legal Assistance Today\\nIf you think your employer has violated sick day laws, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A former Lyft driver recently sued the ride-share company, alleging that her former employer violated sick day laws. Given the coronavirus outbreak, enforcing sick day laws is more important than ever for public health. The lawsuit claims that Lyft refused to provide required paid sick day leave to drivers in Washington, D.C.. Not only could&hellip;</p>\\n"},{"id":8690,"path":"/blog/how-working-from-home-could-ruin-work-life-balance","slug":"how-working-from-home-could-ruin-work-life-balance","modified":"2020-05-27T21:38:15","title":"How Working from Home Could Ruin Work-Life Balance","content":"The Coronavirus pandemic has resulted in many “non-essential” employees losing their jobs. However, if you are lucky enough to still be working, you are most likely working from home. One recent study found that around 40% of workers can work remotely. Although there are certainly some benefits to working from home (pets make great co-workers!), the national shift to remote work could have a negative impact on work-life balance for years to come. Additionally, as many companies transition to majority-remote work for the first time, some employers could be in violation of off-the-clock work laws. \\nWork-Life Balance While At Home\\nLast month, an employee survey administered by Eagle Hill Consulting discovered that “about 45% of workers said they were burned out” after working from home since the pandemic hit this country. When your home becomes your office, it’s difficult to have clear boundaries surrounding when work ends and personal life begins. Your employer could email or text you at any time day or night. Additional challenges exist for workers with kids who are now homeschooling. Workers with children have the additional burden of balancing work life, children’s schooling, and their personal lives all at once. Even when the pandemic is over, remote work may become our new normal. For example, Facebook CEO Mark Zuckerberg said that he predicts that half his staff will work remotely within the next 10 years. As employers transition to remote work, they may be in violation of certain employment laws. \\nOff-The-Clock Work &amp; Work-Life Balance\\nWork-life balance is also negatively impacted when employees are not paid properly. An increasingly common issue for remote workers is off-the-clock work. Even if you are working from home, hourly employees MUST be paid for all hours worked. So, if your boss emails you at 9 PM to complete a task, you must be paid for the time that you worked. Even if you are working outside of normal business hours, hourly employees must be paid for all hours worked. Furthermore, eligible employees MUST receive overtime pay for any hours worked in a given workweek over 40. Your overtime pay rate should be time and a half your usual hourly rate. If you think your employer is not paying you correctly, you should keep a detailed record of all hours worked from home. Then, you should seek legal assistance so that you can recover your rightfully earned wages. \\nSeek Legal Assistance Today\\nIf you have not been paid your proper wages while working from home, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Coronavirus pandemic has resulted in many “non-essential” employees losing their jobs. However, if you are lucky enough to still be working, you are most likely working from home. One recent study found that around 40% of workers can work remotely. Although there are certainly some benefits to working from home (pets make great co-workers!),&hellip;</p>\\n"},{"id":8686,"path":"/blog/five-ways-that-coronavirus-may-change-work-forever","slug":"five-ways-that-coronavirus-may-change-work-forever","modified":"2020-05-25T20:52:54","title":"Five Ways that Coronavirus May Change Work Forever","content":"The Coronavirus pandemic has forced about two-thirds of Americans to work from home. Not only do many Americans want to continue working remotely so they don’t catch coronavirus at the office, but they also prefer working from home. A recent Gallup poll found that 59% of Americans would like to continue to work remotely “as much as possible” once social distancing restrictions on businesses and schools are lifted. Some Americans say they prefer virtual workdays due to the lack of commute, cleaner environment, money saved on gas and daycare, and greater productivity levels. Many Americans prefer remote work and businesses have now developed the infrastructure for virtual meetings, so American workplaces may never look the same. Here are six ways that the COVID-19 pandemic may permanently change the future of work in the United States. \\n1. The Eight-Hour Work Day May Not Exist \\nMore Americans will likely continue to work remotely after the pandemic subsides due to the benefits for workers and businesses. This could mean that the typical nine to five, eight-hour workday will no longer exist. Workers, especially those that are salaried, would have more discretion over their work schedules. They could determine their own hours and work would be more focused on outcomes rather than the amount of time dedicated to certain projects.\\n2. Fewer Middle Managers \\nIf remote work is the future, there will be less need for middle managers at corporations. Internet communication has made it easier for high-level directors to manage a greater number of lower-level workers. It has also made entry-level workers more independent on projects with less physical supervision. This change will minimize the need for middle management and elaborate hierarchies in companies. \\n3. Less Business Travel\\nRemote work during the COVID-19 pandemic has made companies and workers more comfortable with conducting virtual meetings via Zoom and other video conferencing software. As a result, employees who once traveled internationally to Shanghai or London for meetings and sales trips may opt for Zoom calls instead in the future. Not only do virtual calls save companies travel costs, but they also decrease travel stresses and make meetings more efficient. \\n4. More E-Learning \\nCompanies have enhanced their digital learning and professional development programs throughout the pandemic to train employees on how to use new technologies. Now that companies and workers are familiar with virtual learning, these online programs will likely continue to encourage employees to constantly build new skills, especially technological capacities. In-person learning will likely only take place in situations where virtual learning isn’t possible. \\n5. More Casual Attire \\nMany Americans who are working remotely dress more casually for Zoom and Google Hangout meetings than they would for in-person meetings at the office. This may lead to more casual business attire even when companies open back up and ask employees to return to in-person workdays. \\nSeek Legal Assistance\\nIf you have had employment issues while working from home, seek legal assistance today. Whether its pay, discrimination, wrongful termination, or something else, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Coronavirus pandemic has forced about two-thirds of Americans to work from home.  Not only do many Americans want to continue working remotely so they don’t catch coronavirus at the office, but they also prefer working from home.  A recent Gallup poll found that 59% of Americans would like to continue to work remotely “as&hellip;</p>\\n"},{"id":8681,"path":"/blog/autoworkers-return-to-work-as-factories-open-but-is-it-safe","slug":"autoworkers-return-to-work-as-factories-open-but-is-it-safe","modified":"2020-05-21T13:06:49","title":"Autoworkers Return To Work As Factories Open. But Is It Safe?","content":"After closing factories for nearly two months, several employers such as Ford, General Motors, and Fiat Chrysler, sent autoworkers back to work this week. Many employees are concerned about their safety at work in the new post-coronavirus world. Since autoworkers are some of the first non-essential employees to return to the workplace, their experience may give us insights into the “new normal” for American workers. Keep reading to find out how the law may protect workers who are at a higher risk of suffering from coronavirus. \\nAutoworkers Return to a Changed Workplace\\nAssembly-line employees like autoworkers have an increased risk of infection because they often spend long days working in close proximity to each other. In an effort to mitigate the chance of infection, employers have taken certain steps to prevent the spread of coronavirus. For example, employers have slowed down car production and shortened shifts. Therefore, there will be more time for cleaning between shifts. Additionally, employees will stagger their arrival and departure times in order to minimize contact in the workplace. While on the assembly line, workers will wear masks, gloves, and eye goggles. Temperatures will also be taken when employees arrive at work. However, some have criticized this measure because coronavirus can still be spread by an infected person who does not have any symptoms like a fever. However, autoworkers who do show symptoms will be tested for coronavirus. We will have to wait and see if these protective measures prevent coronavirus outbreaks in the workplace.\\nShould Autoworkers Get Reasonable Accommodations at Work?\\nUnder the Americans with Disabilities Act, employers must provide reasonable accommodations at work for employees with disabilities. Reasonable accommodations are modifications that enable workers to do their job without posing an undue hardship on the employer. For example, a reasonable accommodation could be providing unpaid leave for medical treatment or allowing employees to work from home. Courts haven’t yet decided whether an increased risk of death from coronavirus due to age or a pre-existing condition counts as a disability. Additionally, we do not yet know what kinds of reasonable accommodations could be in place for autoworkers and other blue-collar employees. In a corporate job, it’s usually much easier for employees to work from home. However, autoworkers typically need to be on the assembly line in order to perform their job. What kinds of reasonable accommodations do you think employers should implement for autoworkers who are at a higher risk for coronavirus?\\nSeek Legal Assistance Today\\nIf you have had employment issues because of coronavirus, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>After closing factories for nearly two months, several employers such as Ford, General Motors, and Fiat Chrysler, sent autoworkers back to work this week. Many employees are concerned about their safety at work in the new post-coronavirus world. Since autoworkers are some of the first non-essential employees to return to the workplace, their experience may&hellip;</p>\\n"},{"id":8676,"path":"/blog/covid-19-outbreak-at-tyson-plant-shows-the-importance-of-workplace-protections","slug":"covid-19-outbreak-at-tyson-plant-shows-the-importance-of-workplace-protections","modified":"2020-05-18T20:02:38","title":"COVID-19 Outbreak at Tyson Plant Shows the Importance of Workplace Protections","content":"A Tyson plant in Wallula, Washington reopened in early May after it had been closed for twelve days due to a coronavirus outbreak. The plant closed on April 24th when it began testing all of its workers and deep cleaning its facilities. The testing revealed that 19%, or 277, of the factory’s 1,482 workers tested positive for COVID-19, half of whom did not show any symptoms. The workers were asked to self-quarantine at home during the 12-day suspension of operations with paid leave. \\nTyson Criticized for Insufficient Response\\nLast Friday Tyson workers, their families, and community members attended a vigil in front of the Wallula plant memorializing three Tyson employees who died of coronavirus complications. Workers placed pictures of the three deceased employees under a sign at the Tyson plant which reads “your safety is important to us and your family.” The vigil was intended to demand better “working conditions, pay, and accountability” from Tyson. The daughter of a Tyson worker started a petition calling for paid sick leave, PPE and training, hazard pay, and free COVID-19 tests for all of Tyson’s Wallula employees. The petition also argued that Tyson’s $500 bonus for attendance discourages workers from calling out sick if they feel ill. Ultimately, the petition prompted the company to shut down the plant on April 24th and reevaluate their workplace protections. \\nCOVID-19 Threatens the US Meat Supply\\nTyson’s Wallula factory is one of many US beef, pork, and poultry plants that have had to halt operations due to COVID-19 outbreaks and have lost their employees to the virus. John H. Tyson, the company’s chairman, explained that the outbreaks could lead to food shortages and irreparable harm to the meat processing industry. After all, the Wallula factory produces enough beef each day to feed four million people under normal circumstances and Tyson is the country’s largest meat supplier. Numerous meat packaging and processing plant closures have threatened the meat supply chain in the United States. Many meat processing plants including Tyson have scrambled to enhance workplace safety to ensure that their operations will run smoothly going forward. Tyson’s Wallula factory now provides face masks to all employees. The plant has also added plexiglass barriers between workers in work and break areas, temperature checks and screenings before entering the facility, and a mobile health clinic to provide workers with access to health information. Tyson also decided to increase short-term disability to 90-percent of normal pay until June 30th to encourage their employees to stay home if they experience COVID-19 symptoms. Overall, Tyson’s response to the outbreak shows the importance of protective measures in the workplace and should serve as an example for businesses as the economy reopens. \\nSeek Legal Assistance \\nIf you have contracted COVID-19 from your workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A Tyson plant in Wallula, Washington reopened in early May after it had been closed for twelve days due to a coronavirus outbreak.  The plant closed on April 24th when it began testing all of its workers and deep cleaning its facilities.  The testing revealed that 19%, or 277, of the factory’s 1,482 workers tested&hellip;</p>\\n"},{"id":8672,"path":"/blog/is-amazon-stifling-employee-communication-after-workers-protested","slug":"is-amazon-stifling-employee-communication-after-workers-protested","modified":"2020-05-15T21:16:39","title":"Is Amazon Stifling Employee Communication After Workers Protested?","content":"Amazon employees in New York recently protested over their working conditions due to the coronavirus outbreak. Employees are concerned that Amazon has not done enough to protect its workers from contracting the virus while at work. Following the protest, Amazon has taken steps to enforce rules about mass emails across the company. Additionally, Amazon has terminated at least six employees involved in worker protests. Some employees say that these communication rules hinder worker organizing. Amazon claims that the rules are part of a routine company audit. Is Amazon cracking down on employee communication to prevent more protests?\\nEmployee Communication And Company Criticism\\nAmazon has online employee forums where workers discuss a wide range of topics. Recently, these forums have become a venue for employees to voice critiques of their employer. For example, warehouse workers have asked for more safety protections and increased hazard pay during the global pandemic. Employees say that Amazon’s new communication rules are preventing employees from freely speaking their minds. Apparently, if an employee now wants to internally publicize their opinion, they must ask a company moderator for permission. Some employees worry that asking permission to criticize Amazon could risk getting them fired. If employees can’t speak to each other freely, they will be less able to mobilize for future protests for better working conditions. However, employees are now more likely to mobilize on other platforms, such as social media. Could Amazon’s restrictions on employee communication violate the law?\\nLegal Implications Of Stifling Employee Communication\\nSome legal experts think that Amazon’s actions could be a violation of the National Labor Relations Act’s (NLRA) prohibitions against unlawful restraint of concerted activity.  Section 7 of the NLRA gives employees the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. Concerted means two or more people acting together. No union connection is required for employees to engage in concerted activity. Some examples of concerted activities that are protected by law include talking with co-workers about working conditions and participating in a coordinated refusal to work in unsafe conditions. So, employees concerns about health and safety during Coronavirus could fall into this category. This law also requires that concerted activities have “mutual aid and protection.” It is well established that workplace conditions satisfy this requirement. We will have to wait and see if an Amazon employee eventually alleges a violation of this law in court. \\nSeek Legal Assistance Today\\nIf you have had employment issues because of the coronavirus outbreak, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Amazon employees in New York recently protested over their working conditions due to the coronavirus outbreak. Employees are concerned that Amazon has not done enough to protect its workers from contracting the virus while at work. Following the protest, Amazon has taken steps to enforce rules about mass emails across the company. Additionally, Amazon has&hellip;</p>\\n"},{"id":8667,"path":"/blog/how-do-workers-with-underlying-health-conditions-request-to-work-from-home","slug":"how-do-workers-with-underlying-health-conditions-request-to-work-from-home","modified":"2020-05-11T18:41:38","title":"How Do Workers with Underlying Health Conditions Request to Work from Home?","content":"As some states begin to open their economies back up, workers with underlying health conditions that make them more vulnerable to COVID-19 may not want to return to their workplaces. People who are particularly vulnerable to coronavirus have high blood pressure, chronic lung disease, diabetes, obesity, asthma, and compromised immune systems. The Americans with Disabilities Act (ADA) states that these individuals are entitled to “reasonable accommodations” from their employers. Their employers are required to make changes to their work conditions to accommodate their disability such as allowing them to work from home. Here is guidance on how people with underlying health conditions can ask their employers for reasonable accommodation to work remotely during the coronavirus pandemic. \\nHow Do You Request Reasonable Accommodation?\\nIndividuals with underlying health conditions should request reasonable accommodations from their employer by email or another form of writing. They should look at their employer’s specific policy for requesting reasonable accommodations based on the ADA, city, or state anti-discrimination guidelines. Vulnerable workers should ask to work from home for three months. It’s important to provide a specific end-date for your request because the reasonable accommodation will be reassessed at that time. Workers cannot request an accommodation because they are over 65 or generally have bad health. They must cite a specific medical condition that they suffer from such as severe asthma or diabetes. Vulnerable workers should ask their health care providers for medical documentation of their disability to provide to their employers. They should also get a note from their general practitioner recommending that they work from home. If they believe that their employer will resist their request, they should ask for reasonable accommodation as soon as possible. \\nWhat Factors are Considered? \\nIn the past, there have been three main factors that are considered when deciding whether working remotely constitutes reasonable accommodation. First, whether the request to work from home is temporary. Second, whether the employee’s position requires them to be in the office or meet with clients. Workers must be able to perform their essential work functions remotely. Third, if the company typically lets other workers in similar positions work from home. Now that more Americans are working remotely, it will be much easier to make these arguments. Workers will have more colleagues in similar positions as examples of employees who can regularly work from home. If a vulnerable employee cannot work from home, an employer may have to make other reasonable accommodations such as creating one-way aisles, using plexiglass or other physical barriers to reduce contact between employees and customers, or changing the worker’s schedule. Regardless, vulnerable workers have the right to ask their employer for reasonable changes to their working conditions under the ADA to ensure their safety. \\nSeek Legal Assistance\\nIf you would like to ask your employer for reasonable accommodations, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>As some states begin to open their economies back up, workers with underlying health conditions that make them more vulnerable to COVID-19 may not want to return to their workplaces.  People who are particularly vulnerable to coronavirus have high blood pressure, chronic lung disease, diabetes, obesity, asthma, and compromised immune systems.  The Americans with Disabilities&hellip;</p>\\n"},{"id":8663,"path":"/blog/can-i-get-benefits-and-pay-if-i-am-an-essential-worker-and-have-to-quarantine-due-to-on-the-job-exposure","slug":"can-i-get-benefits-and-pay-if-i-am-an-essential-worker-and-have-to-quarantine-due-to-on-the-job-exposure","modified":"2020-05-09T22:31:40","title":"Can I get benefits and pay if I am an essential worker and have to quarantine due to on the job exposure?","content":"The answer depends on what state you live (and quarantine) in. 10 states have made it clear that wage replacement benefits are available through workman’s compensation on a case by case basis, but insurance funds in other states have not made it clear yet if they plan to look at these claims case by case or deny all of them outright. The answer could also depend on what industry you work in. For example, in Washington, workers comp will pay for wage-loss and medical costs of any health care worker or first responder who is quarantined due to the Coronavirus. However, any claims in Washington outside of health care or emergency services will be decided on a case-by-case basis.\\nNew York Workers’ Compensation Laws On Coronavirus\\nUnder the New York Workers’ Compensation Law (“NYWCL”), most New York employers must provide cash and medical benefits to covered employees who suffer and injury or illness “arising out of and in the course of” their job. Whether Coronavirus is eligible for benefits depends on whether the virus and required quarantine is considered an “occupational disease” under the NYWCL. New York State has not confirmed whether or not it will consider Coronavirus an occupational disease. For any illness that is not mentioned by New York, you must show a direct link between your illness and the nature of your position in order to qualify for benefits. So, you are more likely to qualify for benefits if the nature of your job places you at a high risk of becoming infected. Under this theory, healthcare workers who constantly come into contact with sick patients would be more likely to get benefits in New York than office workers who do not deal with the general public. We will have to wait and see if this theory turns out to be true as more employees become quarantined and file claims. If you are unsure if you qualify for workers’ compensation, you should speak to an experienced attorney. \\nOther Benefits for New Yorkers in Quarantine \\nIn addition to workman’s compensation, essential workers may be eligible for other benefits while in quarantine. For most workers with an employer of 10 or fewer employees as of January 1st and a business net annual income less than $1 million, you may qualify for New York Paid Family Leave and disability benefits. For most workers with an employer of 11-99 employees as of January 1st, and smaller employers (1-10 employees) with a business net annual income greater than $1 million, you get at least five days of paid sick leave first, and then may get a combination of Paid Family Leave and disability benefits. For most workers with an employer of 100 or more employees as of January 1st, your employer must provide you with at least 14 days of paid sick leave. If you are unsure what benefits you qualify for, you should speak to an experienced attorney.\\nSeek Legal Assistance Today\\nIf you cannot work due to quarantine, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The answer depends on what state you live (and quarantine) in. 10 states have made it clear that wage replacement benefits are available through workman’s compensation on a case by case basis, but insurance funds in other states have not made it clear yet if they plan to look at these claims case by case&hellip;</p>\\n"},{"id":8659,"path":"/blog/new-york-essential-employers-must-provide-face-masks-to-workers","slug":"new-york-essential-employers-must-provide-face-masks-to-workers","modified":"2020-05-04T13:47:31","title":"New York Essential Employers Must Provide Face Masks to Workers","content":"If you’re an essential worker in New York, your employer has been obligated to provide you with a face mask since April 15, 2020. On April 12, 2020, Gov. Andrew Cuomo issued executive order No. 202.16 which states that “for all essential businesses or entities, any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public. Businesses must provide, at their expense, such face coverings for their employees.” Local government and police can enforce the executive order under sections 12 or 12-b of the Public Health Law which gives the government power to punish violators of public health orders with fines, misdemeanor offenses, or even imprisonment. New York joins several other states that have adopted similar measures to mitigate the spread of coronavirus: Connecticut, New Jersey, Pennsylvania, Rhode Island, Hawaii, and Maryland.\\nGuidance for New York Employers \\nNew York State has offered some guidance for employers that clarify the executive order. For example, employers must obtain or fashion face masks for their employees at no cost to the workers. Workers can use their own face coverings, especially if they are more protective, but companies cannot force them to do so. Not being able to find face coverings does not relieve an essential service employer from their duty to provide face masks under this law. New York’s guidance states that employers should contact their local office of emergency management to see if they have extra masks if they have difficulty obtaining or fashioning them. New York’s guidance also describes what can be considered a face-covering under this law: cloth masks like bandanas, homemade sewn, and quick-cut coverings; face shields, surgical masks, and N-95 respirators. More information on how to make homemade bandana, sewn, and quick-cut face masks can be found on the CDC’s cloth face-covering tutorial page. \\nAdditionally, employers must try to make reasonable accommodations for employees who are more susceptible to COVID-19 but are not able to wear a face mask. Matilda’s Law describes New york’s most vulnerable populations: those who are over 70, have compromised immune systems, or have underlying illnesses. Companies should try to provide these vulnerable workers who can’t wear a face-covering with different PPE, different work locations, or alternate tasks that require fewer interactions with the public and their colleagues if possible to ensure their safety. \\nLegal Consequences \\nIt is important for employers to follow these legal requirements as they can be held liable for any consequences that their negligence could have on their employees’ health. As stated, violating this executive order could also result in a fine or even criminal penalties under sections 12 or 12b of the Public Health Law. Thus, essential workers in New York have the right to hold their employers legally accountable for providing masks. \\nSeek Legal Assistance \\nIf you are an essential worker in New York and your employer has not given you a face covering, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>If you’re an essential worker in New York, your employer has been obligated to provide you with a face mask since April 15, 2020. On April 12, 2020, Gov. Andrew Cuomo issued executive order No. 202.16 which states that “for all essential businesses or entities, any employees who are present in the workplace shall be&hellip;</p>\\n"},{"id":8654,"path":"/blog/5-tips-to-stay-sane-while-working-from-home","slug":"5-tips-to-stay-sane-while-working-from-home","modified":"2020-05-02T14:53:05","title":"5 Tips To Stay Sane While Working From Home","content":"Due to the Coronavirus outbreak, many people have been working from home for the first time. Initially, many thought working from home would only be for a few weeks. However, many people will be working from home for the foreseeable future, perhaps until a vaccine is developed. Since working from home appears to be the “new normal,” check out these tips that can help you stay sane, productive, and even enjoy working from home!\\n1. Music\\nMusic has been shown to boost both productivity levels and cognitive performance, particularly in adults. Additionally, relaxing music can help soothe anxiety levels. Make a work playlist with some of your favorite relaxing or upbeat tunes. Be sure to rotate your playlist occasionally by adding new songs to keep things interesting. If your favorite song comes on, it can’t hurt to take a 30-second dance break!\\n2. Maintain Regular Work Hours\\nA big challenge with working from home is that it can feel like you are always on the clock. Your supervisor can text or email you at any time day or night. Having a set schedule of work hours and non-work hours is important for your work-life balance. A schedule will help you focus better while working and relax better when off-the-clock. Additionally, if you are paid hourly, you should be paid for all hours that you work, including overtime if you are eligible. If you don’t think you are being paid correctly, you should speak to a lawyer. \\n3. Clean and Organize Your New Workspace at Home\\nWith most Americans under stay at home orders, you probably have a bit of extra free time on your hands while at home. A great project is to clean and organize your new home workspace. Without the need to maintain appearances for your coworkers, it’s easy for your at-home workspace to get messy. Taking a few extra minutes each day to clean and organize your space will help you feel more organized and productive while working. \\n4. Exercise At Home\\nWhen you’re stressed out with work, exercise might be one of the last things you feel like doing. However, daily exercise has many benefits that can help you be more successful while working from home. Exercise releases endorphins like serotonin, which boosts mood and relieves some symptoms of depression, according to the Mayo Clinic. Additionally, after exercising in the middle of the work day, employees are more likely to be kinder to their colleagues, increase productivity, and improve time management skills. With gyms closed, consider going for a walk/run alone outside or looking up a youtube workout.\\n5. Seek Legal Assistance Today\\nIf you have had employment issues while working from home, seek legal assistance today. Whether its pay, discrimination, wrongful termination, or something else, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Due to the Coronavirus outbreak, many people have been working from home for the first time. Initially, many thought working from home would only be for a few weeks. However, many people will be working from home for the foreseeable future, perhaps until a vaccine is developed. Since working from home appears to be the&hellip;</p>\\n"},{"id":8649,"path":"/blog/what-will-your-workplace-look-like-when-you-go-back","slug":"what-will-your-workplace-look-like-when-you-go-back","modified":"2020-04-27T15:12:35","title":"What Will Your Workplace Look Like When You Go Back?","content":"As states begin to ease social distancing guidelines, you may be wondering what your workplace will look like in the coming months. Many reporters, scholars, and politicians agree that it may take years before we return to life as it was pre-COVID-19. Instead, states will adopt a semblance of normal, allowing businesses to open with some social distancing protocol. After all, Americans won’t want to return to work or shop at local businesses if they feel it’s unsafe to do so. So how can employees safely go back to the office and what can they expect for the summer?\\nHow Will We Return to Work? \\nWhile Trump has issued guidance to Governors about how to reengage their state economies, Governors will ultimately develop reopening strategies based on their states’ unique situations. Colorado, Florida, Georgia, Maryland, and other states have rolled out plans to gradually ease social distancing protocols. Scholars and health officials have offered guidance on best practices for reopening, some of which have been adopted by Governors. For example, the Harvard Business Review suggested that states should not ease restrictions until they are over the peak of infections, hospitals have the resources to handle a second wave, there is ample COVID-19 testing availability, and there is enough protective equipment for all returning workers. \\nScholars have suggested that workers should gradually return to their offices in waves. Only employees who are under the age of 65, have recovered from coronavirus and have immunity to the virus, and do not have underlying medical conditions should initially go back to work. The first wave could be individuals who have demonstrably recovered from the illness and developed an immunity. The second wave could be individuals under 65 without underlying medical conditions who test negative for the virus. Thus, as Dr. Fauci has also explained, coronavirus testing and antibody testing are essential for reopening the country. \\nWill Your Workplace Be Safe? \\nEmployers will likely adopt the CDC’s Interim Guidance for Businesses and Employers as states gradually reopen. The CDC has issued recommendations for companies to adhere to social distancing guidelines in the workplace. For example, they advise employers to implement staggered work shifts to reduce the number of employees in the office at one time. The CDC has also suggested that companies should increase physical space between employees and customers. They’ve asked employers to reschedule non-essential meetings, downsize operations, and implement telework whenever possible. Companies may also provide masks, hand sanitizers, discourage handshaking, and check their employees’ temperatures before going into work. It will be difficult for local governments to enforce any of these policies, so it’s up to employees to hold their companies accountable for protecting their safety in the office. As much as Americans want to rebuild the economy, open their small businesses, and start working again, they are rightly concerned to return to unsafe environments that could cost them their lives.\\nSeek Legal Assistance \\nIf you have contracted coronavirus at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>As states begin to ease social distancing guidelines, you may be wondering what your workplace will look like in the coming months.  Many reporters, scholars, and politicians agree that it may take years before we return to life as it was pre-COVID-19.  Instead, states will adopt a semblance of normal, allowing businesses to open with&hellip;</p>\\n"},{"id":8645,"path":"/blog/can-i-sue-if-my-nonessential-employer-requires-me-to-work-and-i-get-coronavirus","slug":"can-i-sue-if-my-nonessential-employer-requires-me-to-work-and-i-get-coronavirus","modified":"2020-04-24T18:07:35","title":"Can I sue if my Nonessential Employer requires me to work, and I get Coronavirus?","content":"Since the coronavirus outbreak, many state governments have ordered non-essential businesses to shut down. With most employers shut down, more people will stay at home and prevent the spread of the deadly virus. However, as the number of cases starts to decline, some states are eager to open businesses back up. For example, Georgia Governor Brian Kemp is planning to open certain non-essential businesses this week such as gyms, beauty salons, bowling alleys, and tattoo parlors. President Trump criticized the decision, saying “I’m not happy with Brian Kemp.” With some businesses still planning to open, workers are wondering about the potential health consequences of going back to work. \\nCan I Sue If I Catch Coronavirus at Work?\\nYou may be able to sue if you catch coronavirus at work, but it will be hard to prove the source of infection. Before coronavirus, if you were exposed to a rare illness at work and could prove that you caught it at work, you would be eligible for workmans compensation benefits. However, you would not be able to bring a lawsuit. For example, Legionnaires disease breeds in water supply – often in water cooling tanks in residential and commercial buildings – and can often be identified as originated at work for employees who work in infected buildings. However, Coronavirus lawsuits may be different than this prior case because state and local governments are ordering non-essential businesses to close. If your employer defies government guidelines, you may have additional legal claims.\\nHow Employer Negligence Can Help Your Lawsuit\\nWhat if a government authority tells your employer that it is nonessential and that employees should be working remotely, but your employer forces you to work? If employees are exposed to Coronavirus and become ill, your employer’s decision could be considered “gross negligence.” In cases of gross negligence, you can bring a lawsuit instead of just getting workman’s compensation benefits. The difficulty with Coronavirus is that it spreads through airborne exposure or touching surfaces either at work or in personal life. Isolating the source of infection as being work-related exposure would be hard to prove in court. However, if you can prove that you have been rigid about social distancing and have not had exposure to others or had very limited exposure to others, aside from people at work, you may have a legal claim. \\nSeek Legal Assistance Today\\nIf you have contracted coronavirus at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n*these are the opinions of the firm; the thoughts expressed are not those of the writers","excerpt":"<p>Since the coronavirus outbreak, many state governments have ordered non-essential businesses to shut down. With most employers shut down, more people will stay at home and prevent the spread of the deadly virus. However, as the number of cases starts to decline, some states are eager to open businesses back up. For example, Georgia Governor&hellip;</p>\\n"},{"id":8640,"path":"/blog/3000-workers-filed-complaints-with-osha-for-lack-of-ppe","slug":"3000-workers-filed-complaints-with-osha-for-lack-of-ppe","modified":"2020-04-20T15:20:28","title":"3,000+ Workers Filed Complaints with OSHA for Lack of PPE","content":"More than 3,000 workers have filed complaints with the Occupational Safety and Health Administration (OSHA) due to the lack of safeguards against COVID-19 at their workplaces. The Washington Post requested all employee complaints pertaining to the coronavirus from January through April from OSHA under the Freedom of Information Act. The complaints came from essential workers in many industries: airlines, construction, hospitals, grocery stores, call centers, pharmacies, and more. They describe mask and glove shortages, cramped work environments with no social distancing protocols, and sick coworkers who continue to go to work. \\nA great deal of the complaints are from health-care workers who have had to make paper towel masks, wear “plastic ponchos,” work in close proximity with each other, and have no soap or hand sanitizer. One worker at a California hospital said, “In the behavioral unit, employees are not allowed to wear surgical masks because it ‘hurts the patients feelings,’ despite the fact that patients come in with fevers.” Ultimately, the 3,000+ complaints show how vulnerable our essential workers are, the very people who are risking their lives on a daily basis to keep our country running. \\nOSHA Fails to Protect Workers \\nOSHA is a federal agency that aims “to assure the safety and health of America’s workers by setting and enforcing standards … and encouraging continual process improvement in workplace safety and health.” OSHA has jurisdiction over the majority of American workplaces. It can implement regulations and enforce them through legal measures, inspections, and citations. Despite these regulatory powers, OSHA has not meaningfully protected essential workers. The agency issued a 35-page booklet in early March describing suggestions for how employers should protect their essential workers from COVID-19. The booklet states that employers should “promote frequent and thorough hand-washing” and “consider offering face masks to ill employees and customers.” However, OSHA emphasized that “this guidance is not a standard or regulation, and it creates no new legal obligations.” Thus, OSHA has merely offered recommendations for employers rather than executed clear regulations with legal repercussions for violations. \\nA former OSHA senior policy advisor, Deborah Berkowitz, rightfully said, “Why would you think [companies] would voluntarily take the right steps for COVID-19 when they don’t really take the rights steps for other traditional health and safety hazards?” While workers’ rights groups and Democrats have asked the Trump administration to establish legal requirements for employers to follow the CDC’s guidelines, the Labor Department has refused to do so. The Trump administration’s opposition to regulations has cost lives. Healthcare workers, grocery store employees, police officers, and postal workers have died from the virus due to a lack of PPE.\\nSeek Legal Assistance \\nIf your employer has provided inadequate protections from the coronavirus, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>More than 3,000 workers have filed complaints with the Occupational Safety and Health Administration (OSHA) due to the lack of safeguards against COVID-19 at their workplaces. The Washington Post requested all employee complaints pertaining to the coronavirus from January through April from OSHA under the Freedom of Information Act. The complaints came from essential workers&hellip;</p>\\n"},{"id":8636,"path":"/blog/important-covid-19-unemployment-information-for-new-yorkers","slug":"important-covid-19-unemployment-information-for-new-yorkers","modified":"2020-04-17T17:33:51","title":"Important COVID-19 Unemployment Information For New Yorkers!","content":"New Yorkers who have recently been terminated or laid off due to coronavirus should make sure that they get the maximum unemployment benefits possible. Keep reading to find out the important information and steps to take to ensure that you receive your full benefits.\\nUnemployment Benefits Increase Under Federal Legislation\\nUnder recent federal legislation, unemployment benefits in New York City have increased due to the pandemic. The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) provides an extra $600 weekly payment in unemployment benefits. So, in addition to the normal weekly benefit amount you would usually receive under New York state law, you should receive an extra $600. The law also will allow workers to receive unemployment benefits for an additional 13 weeks than they otherwise would under state law. This extension means that most eligible workers can receive these federal benefits until July 31, 2020.\\nHow You Can Maximize Your Unemployment Benefits\\nAlthough every workers’ situation is different, there are some steps that usually result in higher unemployment benefits. Generally, it is likely best that workers NOT get paid out severance in continuation pay through biweekly payroll for a number of months. If you get severance payments, you will likely lose out on the enhanced severance which ends for most people on July 31, 2020.\\nWhat To Know About Choosing Lump Sum Benefits In NYC\\nImportantly, in New York City, if you receive a lump sum severance amount, you must be paid more than 30 days after termination to be eligible for unemployment benefits. So, workers need to arrange for this payment precisely 30 days after termination and then apply for unemployment immediately to best maximize their benefits. \\nApplying For Unemployment Benefits\\nWith a huge spike in unemployment because of the coronavirus, more people are applying for benefits than ever. Since so many people are on the website at once, it can take longer than usual or take multiple tries to apply. If you are having issues, you should keep trying until your application goes through. You can apply on the New York website here. New York has released guidelines on when to apply so that the website is less overwhelmed. The day to apply is based on the letter of your last name. Last names A through F file on Monday. Names G through N file on Tuesday. Names O through Z file on Wednesday. If you missed your day based on your last name, New York says you should file between Thursday and Sunday. \\nSeek Legal Assistance Today\\nIf you are having unemployment issues, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n \\n*these are the opinions of the firm; the thoughts expressed are not those of the writers","excerpt":"<p>New Yorkers who have recently been terminated or laid off due to coronavirus should make sure that they get the maximum unemployment benefits possible. Keep reading to find out the important information and steps to take to ensure that you receive your full benefits. Unemployment Benefits Increase Under Federal Legislation Under recent federal legislation, unemployment&hellip;</p>\\n"},{"id":8632,"path":"/blog/how-to-keep-your-job-if-you-catch-coronavirus","slug":"how-to-keep-your-job-if-you-catch-coronavirus","modified":"2020-04-13T16:41:42","title":"How to Keep Your Job if You Catch Coronavirus","content":"As US coronavirus cases reach 550,000, more and more Americans have to ask their employer for time off when they start experiencing Coronavirus symptoms or must care for a sick family member. If you have a moderate to a severe case of Coronavirus, you may have difficulty even working remotely as the virus can cause extreme fatigue, fever, and shortness of breath. Therefore, its important to know your basic rights and approach your employer quickly and professionally when you begin showing signs of COVID-19 symptoms. Following the steps below will increase your likelihood of keeping your job and maintaining a good relationship with your employer in these difficult times. \\nTell Your Employer if You Experience Coronavirus Symptoms\\nIf you are an essential worker, you should tell your employer if you start experiencing Coronavirus symptoms (fever, cough, fatigue, shortness of breath, etc.) immediately. Waiting to tell your employer for fear of the repercussions could put your colleagues at risk and hurt your credibility. If you are a remote worker, you should still notify your employer as soon as you start experiencing Coronavirus symptoms. Your manager will likely notice your lower level of productivity right away, so hiding your illness could signal that you aren’t trustworthy. In either case, if your employer fires you for missing work or poor productivity and you did not tell them you were sick, the law will not protect you. \\nKnow Your Rights \\nYour employer is obligated to offer you sick leave if you qualify for one of three different programs. First, the Family Medical Leave Act (FMLA) guarantees some employees up to twelve weeks of unpaid and job-protected leave per year if they fall ill or must care for a sick family member. You are entitled to FMLA if your company employs more than 50 workers and you have worked for them for at least 12 months. Second, the American with Disabilities Act compels employers to make a “reasonable accommodation” of leave for ill or disabled workers so long as they are not a direct threat to the workplace and do not cause “undue hardship” on the company. An example of reasonable accommodation is providing additional unpaid leave for medical treatment or recovery. This law could protect COVID-19 victims regardless of how long they have worked for their employer, but their company must have at least 15 employees. If you need sick leave, make sure to ask your company for a “reasonable accommodation” as this is a specific legal term that employers recognize and it indicates that you know your rights. \\nFinally, many Americans are eligible for two weeks of paid sick leave under the Families First Coronavirus Response Act (FFCRA) which passed on March 18th. This act only covers individuals whose employers have fewer than 500 workers. According to the FFCRA, your employer cannot “discharge, discipline, or discriminate” against you if you take advantage of the act’s paid leave, so don’t be afraid to use it! \\nSeek Legal Assistance \\nIf your employer has retaliated against you for requesting sick leave, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>As US coronavirus cases reach 550,000, more and more Americans have to ask their employer for time off when they start experiencing Coronavirus symptoms or must care for a sick family member.  If you have a moderate to a severe case of Coronavirus, you may have difficulty even working remotely as the virus can cause&hellip;</p>\\n"},{"id":8627,"path":"/blog/amazon-fires-employee-who-let-walkout-over-coronavirus-protections","slug":"amazon-fires-employee-who-let-walkout-over-coronavirus-protections","modified":"2020-04-09T00:21:25","title":"Amazon Fires Employee Who Led Walkout Over Coronavirus Protections","content":"Amazon is facing criticism after employees in Staten Island, New York, held a walkout to protest Amazon’s lack of precautions surrounding the coronavirus crisis. At the walkout, employees demanded Amazon shut down and sanitize the warehouse after multiple employees tested positive for the virus. The walkout raised awareness that Amazon employees lacked adequate personal protective equipment at work. Without proper cleaning and protection procedures, employees would have to choose between unpaid sick leave and putting their co-workers at risk for the virus. To make matters worse, Amazon has since fired the employee, manager Chris Smalls, who led the walkout. \\nNew York Leaders Criticize Amazon\\nSeveral New York leaders have expressed their disapproval over how Amazon is treating its employees. Ms. Letitia James, the New York State Attorney General, has stated that her office is “considering their legal options.” Ms. James went on to say that “its really unfortunate that Amazon would terminate an employee who bravely stood up to protect himself and his colleagues.” Finally, she called Amazon’s actions “immoral and inhumane.” New York City Mayor Bill de Blasio has said that the city is investigating Amazon’s actions towards this employee. Also in New York City, around 40 elected officials signed a letter to Amazon CEO Jeff Bezos that said Smalls should be rehired and Amazon should implement coronavirus safety protocols, such as paid sick leave. Especially during a global pandemic, it is essential that employers take the utmost precaution to ensure the safety of employees. \\nEffects of Amazon Employee Walkout\\nPrior to the employee walkout at Staten Island facility, an employee at the warehouse who tested positive was not permitted sick leave. Additionally, employees say that a paid leave option for sick, undiagnosed Amazon workers who came in contact with diagnosed employees, was not always available. Amazon has since released a statement on the situation, saying “Mr. Smalls received multiple warnings for violating social distancing guidelines . . . He was also found to have had close contact with a diagnosed associate with a confirmed case of COVID-19 and was asked to remain home with pay for 14-days . . . Despite that instruction to stay home with pay, he came onsite.” As a result, Amazon terminated Smalls. Amazon says that it is now taking employees’ temperatures and sending home anyone with a fever. Since typical employee strikes and demonstrations can violate social distancing guidelines, employees may start standing up for their rights in different ways, such as through social media campaigns. What do you think of Amazon’s reaction to the coronavirus crisis?\\nSeek Legal Assistance Today\\nIf you have faced retaliation at work after standing up for your rights, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n \\n*these are the opinions of the firm; the thoughts expressed are not those of the writers","excerpt":"<p>Amazon is facing criticism after employees in Staten Island, New York, held a walkout to protest Amazon’s lack of precautions surrounding the coronavirus crisis. At the walkout, employees demanded Amazon shut down and sanitize the warehouse after multiple employees tested positive for the virus. The walkout raised awareness that Amazon employees lacked adequate personal protective&hellip;</p>\\n"},{"id":8622,"path":"/blog/update-acting-navy-secretary-calls-fired-captain-stupid-in-violation-of-military-law","slug":"update-acting-navy-secretary-calls-fired-captain-stupid-in-violation-of-military-law","modified":"2020-04-06T18:06:16","title":"Update: Acting Navy Secretary Calls Fired Captain “Stupid” in Violation of Military Law","content":"In an earlier blog, we argued that Trumps acting Navy Secretary, Thomas Modly, possibly exercised undue command influence by firing former Navy captain Brett Crozier before the completion of an impartial investigation, especially if he was influenced by the White House in doing so as the Washington Post has claimed. Unlawful command influence prohibits any person in a position of higher authority from influencing the outcomes of military judicial proceedings. It seeks to eliminate political pressure, abuses of power, or conflicts of interest among officials higher up on the chain of command from impacting legal judgments on lower officers.\\nToday, Thomas Modly possibly violated this military law again by calling Crozier naive and stupid in a speech addressing sailors that cheered for Crozier as a hero while he left the USS Ronald Reagen. Modly also accused Crozier of betraying the Navy. He said, It was a betrayal. And I can tell you one other thing: because he did that he put it in the publics forum and it is now a big controversy in Washington, DC.\\nFirst, the investigation into the former Navy captains misconduct was not complete by the time he was fired and is still ongoing. Thus, Modlys scathing rhetoric most likely constitutes undue command influence as he has condemned Crozier before the completion of an impartial investigation. Not only does this lack of standard due process imply the use of undue command influence, but it is also reminiscent of the flawed Tailhook investigation. Second, Modly appears to have now committed an offense worthy of a court-martial by accusing another officer of betraying the navy without due process.\\nSeek Legal Assistance\\nIf you are a victim of employer retaliation, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n*These are the opinions of the firm; the thoughts expressed are those of the writers","excerpt":"<p>In an earlier blog, we argued that Trump&#8217;s acting Navy Secretary, Thomas Modly, possibly exercised undue command influence by firing former Navy captain Brett Crozier before the completion of an impartial investigation, especially if he was influenced by the White House in doing so as the Washington Post has claimed.   Unlawful command influence prohibits any&hellip;</p>\\n"},{"id":8618,"path":"/blog/navy-captains-firing-highlights-the-navys-complicated-relationship-with-undue-command-influence","slug":"navy-captains-firing-highlights-the-navys-complicated-relationship-with-undue-command-influence","modified":"2020-04-06T14:17:24","title":"Navy Captain’s Firing Highlights the Navy’s Complicated Relationship with Undue Command Influence","content":"Brett Crozier, the captain of a US Navy aircraft carrier was fired for disseminating a memo that warned Navy leadership of an escalating coronavirus outbreak on the USS Ronald Reagan. The memo pointed out that the 4,800 officers and sailors on board could not follow CDC health guidelines due to the ship’s close quarters. It also warned of possible deaths on board and called for “decisive action” immediately. On Thursday, April 2, acting Secretary of the Navy, Thomas Modly, announced that Captain Brett Crozier was relieved from duty, accusing Crozier of allowing panic to impede his ability to act professionally. Modly said that Crozier exercised “poor judgment” by copying 20 to 30 people on an unsecured email with the memo. Modly was especially concerned that Crozier broke the chain of command as he allegedly did not send the memo to his immediate superior, Admiral Stuart Baker. \\nTrump initiated a preliminary investigation into the events leading up to Crozier’s memo last week. While Modley stated that he had “absolutely no pressure” from the White House to fire Crozier, the Washington Post claims that Modley told a colleague the day before announcing Crozier’s relief from command that “Trump wants him fired.” In the days since Crozier was ousted, Trump has announced that he “100%” agrees with the decision and believes that the letter was “not appropriate.” \\nTrump and Modly Exercise Undue Command Influence \\nOne officer pointed out that by firing Crozier, Modly may have exerted “undue command influence” by undermining the authority of uniformed officers “who normally oversee such personnel decisions.” Trump’s public comments condemning Crozier’s letter before the completion of an impartial investigation could also be considered undue command influence. Unlawful command influence prohibits any person in a position of higher authority from influencing the outcomes of military judicial proceedings. The military law seeks to eliminate political pressure, abuses of power, or conflicts of interest among officials higher up on the chain of command from impacting legal judgments on lower officers. \\nIn the midst of growing criticism against the Trump administration’s response to Coronavirus and more military officers testing positive for the virus, Trump has a direct interest in squelching public whistleblowing of new military outbreaks to protect his reputation. If Modly was indeed pressured by the White House to relieve Crozier of command, there was an obvious conflict of interest in his decisionmaking. Thus, the likely high-level political pressure on Modly and his subversion of lower officers’ firing duties could constitute undue command influence. \\nThe Navy’s Unstable Relationship with the Truth \\nIronically, the undue command influence law prevented investigators from getting truthful testimony for the Tailhook convention scandal in 1991. US Navy and Marine Corps officers were accused of sexually assaulting 83 women and 7 men at an annual Tailhook association symposium at a Las Vegas Hilton. However, the witnesses and perpetrators engaged in a “conspiracy of silence” when they were interviewed by Naval Criminal Investigative Service (NIS) and the NIS couldn’t coerce the junior officers into testifying due to the undue command influence law. Court-martialing witnesses for lying or refusing to speak could theoretically bias the outcome. As a result, a large percentage of the cases, more than 70, were dropped due to a lack of evidence. Of the four cases that did reach trial, three were dismissed because the judge found that an admiral had “tainted” the inquiries through unlawful influence. \\nThe juxtaposition of the Tailhook investigation with Crozier’s termination reveals the Navy’s unstable relationship with undue command influence. The Navy seemingly embraces the law or rejects it based on its own self-serving needs, which in both cases was to conceal the truth. Crozier’s firing raises the question of why the Navy hasn’t implemented tools like anonymity, immunity, or an empowered inspector general function to protect whistleblowers and witnesses in internal investigations in the thirty years since the Tailhook convention. Once again, the Navy has shown that it lacks the proper mechanisms to both protect truth-telling and respect the chain of command. Punishing whistleblowers can have a particularly deadly impact during a pandemic, as we saw when doctor Li Wenliang was reprimanded and silenced for raising the alarm on coronavirus early on in Wuhan, China. Thus, military officials should not be disincentivized to speak the truth. \\nSeek Legal Assistance \\nIf you are a victim of employer retaliation, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n*These are the opinions of the firm; the thoughts expressed are those of the writers","excerpt":"<p>Brett Crozier, the captain of a US Navy aircraft carrier was fired for disseminating a memo that warned Navy leadership of an escalating coronavirus outbreak on the USS Ronald Reagan.  The memo pointed out that the 4,800 officers and sailors on board could not follow CDC health guidelines due to the ship’s close quarters.  It&hellip;</p>\\n"},{"id":8614,"path":"/blog/hobby-lobby-cuts-staff-pay-because-of-coronavirus","slug":"hobby-lobby-cuts-staff-pay-because-of-coronavirus","modified":"2020-04-03T00:56:53","title":"Hobby Lobby Cuts Staff Pay Because Of Coronavirus","content":"Hobby Lobby is under fire for cutting staff pay to make up for profit loss due to Coronavirus. According to employees, the company will cut the pay of full-time workers by 10% and terminate all benefits. Because employees will likely have increased medical costs due to the global pandemic, many are outraged. Furthermore, Hobby Lobby allegedly terminated at least 32 employees in Hobby Lobbys art and creative department. A letter was sent out to affected employees last week to notify them that the layoff is permanent and that they should seek unemployment benefits. \\nTwitter Influencers Call Out Hobby Lobby\\nMany Twitter users with large followings have publicly voiced their disapproval of how Hobby Lobby is treating employees during this crisis. Kendall Brown, username @kendallybrown, revealed “Hobby Lobby is cutting pay by 10% for more than 3,000 warehouse &amp; HQ employees, saying cuts are to compensate for lost profits at stores forced to temporarily close in areas hit by coronavirus pandemic. Staff are being told not to talk to media.” Another user, @JordanUhl, said “I want to say this is beyond parody but its just not. What absolute monsters.” @Public_Citizen noted that “Hobby Lobbys CEO has a net worth of $6,300,000,000,” suggesting that minimum wage workers will be hurt the most by Hobby Lobby’s decision.\\nHobby Lobby CEO Has Vision From God . . . To Put Employees At Risk?\\nIn addition to pay cuts and terminations, Hobby Lobby has also been under fire for defying stay-at-home orders and requiring employees to come into work. CEO David Green wrote to employees, saying “While we do not know for certain what the future holds, or how long this disruption will last, we can all rest in knowing that God is in control.” Additionally, he said that stores have been ramping up their cleaning procedures and that any employee who contracts the virus will be told to stay at home in quarantine. Employees have criticized the chain for staying open in defiance of state government mandates to close, thereby exposing them to the virus. Yesterday, Ohio’s Attorney General revealed that Hobby Lobby will now close in the state following the cease and desist letter he sent to the corporation. The Senior Assistant Attorney General for Colorado also sent the Hobby Lobby CEO a cease and desist letter to close all locations in the state. \\nSeek Legal Assistance Today\\nIf you have been laid off due to Coronavirus, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n \\n*these are the opinions of the firm; the thoughts expressed are those of the writers","excerpt":"<p>Hobby Lobby is under fire for cutting staff pay to make up for profit loss due to Coronavirus. According to employees, the company will cut the pay of full-time workers by 10% and terminate all benefits. Because employees will likely have increased medical costs due to the global pandemic, many are outraged. Furthermore, Hobby Lobby&hellip;</p>\\n"},{"id":8609,"path":"/blog/were-offering-free-legal-services","slug":"were-offering-free-legal-services","modified":"2020-03-31T18:21:45","title":"We’re Offering Free Legal Services!","content":"","excerpt":""},{"id":8603,"path":"/blog/instacart-delivery-workers-announce-nationwide-strike","slug":"instacart-delivery-workers-announce-nationwide-strike","modified":"2020-03-30T19:25:58","title":"Instacart Delivery Workers Announce Nationwide Strike","content":"On March 27th, Instacart workers and Gig Workers Collective, an activist non-profit, published a letter on Medium announcing plans for a nationwide strike on March 30th to protest Instacart’s refusal to provide workers “with effective protection, meaningful pay, and meaningful benefits” amidst the coronavirus pandemic. Instacart is a grocery delivery service that has become increasingly popular over the past several weeks for people who are unwilling or unable to go outside of their homes. Instacart’s gig workers, also known as “Shoppers,” claim that the delivery company has a “well-established history of exploiting Shoppers” and is now “ignoring Shoppers’ pleas for more substantial and preventative help.” Shoppers refuse to continue to work under the current conditions as they fear they will fall ill without the proper protection and they don’t receive benefits from Instacart to support them if they were to get sick. Their letter speaks to the broader vulnerability of independent contractors in the current public health crisis due to their lack of benefits like paid sick leave, unemployment insurance, and health insurance. \\nThe Demands\\nIn their letter, the Shoppers said they would only return to work if Instacart fulfilled their demands. They asked for free personal protective equipment (PPE) such as hand sanitizer and disinfectant wipes at the very least. They called for higher pay with an additional $5.00 per delivery or a default 10% tip. The Shoppers also demanded an “extension and expansion” of Instacart’s paid sick leave policy for employees who must self-quarantine or are at higher risk of severe illness. Instacart’s clients have supported the Shoppers’ proposed strike on social media despite their dependence on the app and have praised their bravery. \\nThe pandemic has harmed gig workers the most because they have the least employment protections and bargaining power in the United States. Instacart is “profiting astronomically off of us literally risking our lives,” the Shoppers explained, “we cannot let this be considered normal.”\\nInstacart’s Response \\nInstacart released a response hours after the Shoppers’ letter was published. “Communities across North America are facing challenges brought by this uncertain time, and we’re immensely grateful for all that you do to support families and people in need by delivering their groceries and everyday goods,” the statement begins. Instacart expanded its benefits, extending its policy for 14-days of paid sick leave for quarantined employees until May 8th, providing bonus payment and contactless alcohol delivery, and promising free hand sanitizer in the coming weeks. However, Shoppers believe that these changes don’t directly address their demands, so the strike will still take place. Last Monday, Instacart was searching for 300,000 additional workers to meet the enormous surge in demand for grocery delivery. The strike could dismantle the company in a time when its services are needed most by vulnerable populations and sick people. \\nSeek Legal Assistance \\nIf your employer has taken advantage of you as an independent contractor, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n*These are the opinions of the firm; the thoughts expressed are those of the writers","excerpt":"<p>On March 27th, Instacart workers and Gig Workers Collective, an activist non-profit, published a letter on Medium announcing plans for a nationwide strike on March 30th to protest Instacart’s refusal to provide workers “with effective protection, meaningful pay, and meaningful benefits” amidst the coronavirus pandemic.  Instacart is a grocery delivery service that has become increasingly&hellip;</p>\\n"},{"id":8598,"path":"/blog/3-3-million-u-s-workers-file-unemployment-benefits","slug":"3-3-million-u-s-workers-file-unemployment-benefits","modified":"2020-03-28T17:22:52","title":"3.3 Million U.S. Workers File Unemployment Benefits","content":"The widespread employment consequences of the Coronavirus are already hitting the U.S. economy. Over 3 million people filed for unemployment benefits last week. Social distancing precautions to protect public health have shut down entire sectors of American industry. This change, although essential to prevent the spread of the virus, has hit minimum wage and low wage workers particularly hard. These workers often have customer-facing roles, such as in the restaurant, retail, cosmetology, and hospitality industries. In addition to filing for unemployment benefits, there are several other ways that unemployed people can get assistance during this time.\\nHouse and Senate Passes Law Giving Payments To Individual Workers\\nThe U.S. Senate and House of Representatives recently passed a bill that would provide individual payments to most American workers. President Trump signed the bill into law. Under the new law, most adults will get a one-time payment of $1200. Adults with Social Security numbers who earn $75,000 or less per year would get the entire $1200. Payments will increase by $500 for each additional child under the age of 16 in a household. Under the bill, you will not have to apply to receive this payment. If the IRS already has your bank account information from your tax return payments, you will receive this payment as a direct deposit straight into your account. Most Americans can expect to receive their payments within 3 weeks of the bill’s passage. Employees, independent contractors, and gig workers will all receive payments under the bill. \\nWrongful Termination\\nToday, most minimum wage and low wage workers are considered “at-will” employees. This classification means that your employer can terminate you at any time for any reason, as long as that reason is not an illegal one. Illegal reasons include various types of discrimination. For example, in New York, it’s illegal for your employer to fire you because of your race, religion, sex, nationality, age, national origin, sexual orientation, gender identity, and arrest record. Retaliation is another illegal reason for firing an employee. It is illegal for your employer to fire you for reporting any workplace violations. Finally, after your termination, you might be entitled to certain benefits according to your employer’s handbook or employment contract. Make sure you check these resources to ensure that you receive what is owed to you. \\nSeek Legal Assistance Today\\nIf you believe you have been wrongfully terminated, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The widespread employment consequences of the Coronavirus are already hitting the U.S. economy. Over 3 million people filed for unemployment benefits last week. Social distancing precautions to protect public health have shut down entire sectors of American industry. This change, although essential to prevent the spread of the virus, has hit minimum wage and low&hellip;</p>\\n"},{"id":8594,"path":"/blog/laid-off-because-of-coronavirus-in-new-york","slug":"laid-off-because-of-coronavirus-in-new-york","modified":"2020-03-21T21:25:00","title":"Laid Off Because of Coronavirus in New York?","content":"The coronavirus pandemic has drastically escalated in the past few weeks. Schools, universities, restaurants, gyms, retail stores, and other workplaces have closed in order to prevent further spreading of the virus. Although these measures are important to protect public health, they have also resulted in many workers being laid off. For certain workers who cannot work from home, like servers, janitors, and retail workers, this epidemic has put their jobs (and paychecks) on hold. If you have been laid off due to the pandemic, make sure that you know your legal rights.\\nUnemployment Waiting Period Waived Due To Coronavirus\\nIn the wake of coronavirus, New York has waived the usual 7 day waiting period to apply for unemployment benefits for those who have been laid off due to closed businesses during the pandemic. Due to the current high demand for unemployment benefits, New York’s labor website crashed, but it is now up and running again. New York has assured applicants that everyone who is eligible will still receive benefits in a timely manner, regardless of how high the demand gets. Therefore, if you have been laid off because of coronavirus business closures, you should apply for unemployment as soon as possible. Additionally, you should check with your former employer to see if they will contest your unemployment application or if they believe you are eligible.\\nHealth Care Benefits And Premiums\\nEven if you are laid off, you can negotiate with your employer to continue your healthcare benefits. Many employers will grant continued healthcare benefits for a month or longer after someone is laid off, especially if you have a family to support. Even if your employer doesn’t offer you this continuation benefit up front, you should negotiate to see if your employer is willing to help. If you believe you are already sick with the virus and may be laid off due to quarantine, you should consider applying for disability coverage while still employed. Under some plans, you may not get the same coverage unless you apply before you are laid off. \\nCan’t Go To Work Due To Coronavirus Quarantine\\nIf you have coronavirus, you should stay at home in order to prevent spreading the virus to others. New York recently passed a new law that guarantees job protection and pay for anyone in New York who has been quarantined. These benefits continue until your mandated quarantine is completed according to your doctor. If you think your employer has violated this new law, you should speak with an experienced employment attorney.\\nSeek Legal Assistance Today\\nIf you have been laid off, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The coronavirus pandemic has drastically escalated in the past few weeks. Schools, universities, restaurants, gyms, retail stores, and other workplaces have closed in order to prevent further spreading of the virus. Although these measures are important to protect public health, they have also resulted in many workers being laid off. For certain workers who cannot&hellip;</p>\\n"},{"id":8589,"path":"/blog/companies-alter-sick-leave-policies-during-coronavirus-outbreak","slug":"companies-alter-sick-leave-policies-during-coronavirus-outbreak","modified":"2020-03-20T22:17:50","title":"Companies Alter Sick-Leave Policies During Coronavirus Outbreak","content":"With the coronavirus pandemic spreading throughout the United States, employers are tackling a range of employee issues. Of course, the top priority for any employer should be employee safety. However, this pandemic suggests that many company sick-leave policies are inadequate, particularly for low-wage employees. As the Center for Disease Control has recommended, anyone with Coronavirus should stay home from work in order to prevent infecting others. Yet, many employees live paycheck to paycheck and cannot afford to miss work. Many employers are altering their sick-leave policies accordingly.\\nUber, Walmart, &amp; Others Alter Sick-Leave Policies\\nWalmart announced that any employee who has coronavirus or is under mandatory quarantine would receive up to two weeks of pay and would not count this absence against them. Additionally, workers who need more time to recover from Coronavirus may be compensated for up to 26 weeks. Uber announced that its drivers, who usually don’t receive any paid time off, will receive financial assistance for up to 14 days if they are infected or asked to self-quarantine by a public health official. The first case of an Uber driver contracting coronavirus was in New York City. He was hospitalized. Darden Restaurants, who owns Longhorn Steakhouse, Olive Garden, and other chains, announced that all hourly employees would now receive permanent paid sick-leave benefits. \\nShould We Always Provide Paid Sick-Leave?\\nWith so many major companies changing sick-leave policies, many employees argue that paid-sick leave should be a requirement for all employers. The Family and Medical Leave Act allows eligible employees to have 12 weeks of unpaid leave to recover from a serious illness. However, the act does not federally mandate paid sick-leave. Among developed countries, the United States is an outlier for not providing paid sick-leave. Although paid leave comes with increased costs for employers, there may be profit benefits with a decreased chance of sickness spreading in the workplace. \\nPaid Medical Leave Legislation in Congress\\nDemocrats in the House of Representatives recently passed the “The Families First Coronavirus Response Act,” which includes paid sick-leave for workers. Republicans in the Senate objected to certain parts of the bill, such as how the government would enforce a paid sick-leave mandate. Others have criticized the House bill because it guarantees paid sick leave only to about 20% of American employees. Even big employers like Amazon are exempt under this bill. If the coronavirus pandemic continues to worsen, we may see more paid sick-leave legislation out of congress that covers more employees. \\nSeek Legal Assistance Today\\nIf your employer has denied you sick-leave, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>With the coronavirus pandemic spreading throughout the United States, employers are tackling a range of employee issues. Of course, the top priority for any employer should be employee safety. However, this pandemic suggests that many company sick-leave policies are inadequate, particularly for low-wage employees. As the Center for Disease Control has recommended, anyone with Coronavirus&hellip;</p>\\n"},{"id":8586,"path":"/blog/firm-wins-decision-for-sushi-restaurant-employees","slug":"firm-wins-decision-for-sushi-restaurant-employees","modified":"2020-03-20T00:18:28","title":"Firm Wins Decision For Sushi Restaurant Employees","content":"The Working Solutions Law Firm recently won a decision on the certification of wage claims for sushi restaurant workers in Brooklyn, New York. Firm partners Christopher Davis and Rachell Haskell advocated for former servers at Mitoushi Sushi. Davis and Haskell successfully argued that Mitoushi did not pay workers minimum wage and overtime pay as required by the Fair Labor Standards Act (FLSA). Therefore, the Court decided that Plaintiffs’ motion for conditional certification as a FLSA collective action, and for court-authorized notice, is granted in part, in accordance with the guidelines set forth. Our firm is proud to ensure that the legal rights of restaurant workers are protected. We will continue to stand up to employers who do not follow the law.\\nSeek Legal Assistance Today\\nOur firm knows what it takes to win. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Working Solutions Law Firm recently won a decision on the certification of wage claims for sushi restaurant workers in Brooklyn, New York. Firm partners Christopher Davis and Rachell Haskell advocated for former servers at Mitoushi Sushi. Davis and Haskell successfully argued that Mitoushi did not pay workers minimum wage and overtime pay as required&hellip;</p>\\n"},{"id":8582,"path":"/blog/telecommute-work-how-coronavirus-may-affect-hourly-tech-employees","slug":"telecommute-work-how-coronavirus-may-affect-hourly-tech-employees","modified":"2020-03-19T21:08:43","title":"Telecommute Work: How Coronavirus May Affect Hourly Tech Employees","content":"Microsoft, Google, Facebook, and Twitter have announced that they will continue to pay their hourly workers normal wages despite the fact that many staff members are encouraged to telecommute. As the coronavirus pandemic spreads, telecommute work is seen as a precaution to protect employees from infection. With many salaried employees working from home, these companies don’t have the same need for on-site hourly workers. On-site hourly workers do a wide range of office support tasks, such as cooking meals, office security, driving employee shuttles, and cleaning the office. Unlike most salaried employees, these employees cannot work remotely. Without many people in the office, it was unclear if these companies would continue to pay their hourly workers.\\nMicrosoft Speaks Out On Telecommute Work \\nEmployees at Microsoft, Amazon, and Facebook have tested positive for coronavirus. To prevent the spread of the outbreak, these companies are asking employees to telecommute. With many hourly employees worried about whether they would be paid, Microsoft recently released a statement to assure its office support workers. We recognize the hardship that lost work can mean for hourly employees . . . As a result, we’ve decided that Microsoft will continue to pay all our vendor hourly service providers their regular pay during this period of reduced service needs. Twitter and Google quickly agreed to have the same policy. Amazon said it will continue to pay its approximately 10,000 hourly workers based in the Seattle-area office. Additionally, Amazon has taken this policy a step further by subsidizing one months rent for all local small businesses that operate within its office buildings. \\nAs Coronavirus Spreads, So Does Telecommute Work\\nTech companies are expanding the number of telecommute locations where hourly office employees will be affected. With the coronavirus outbreak in Washington state, Seattle employees have been encouraged to work from home. As the virus has spread to California, tech companies are also encouraging employees in San Francisco to work remotely. For example, Facebook released a statement last Thursday saying “we are strongly recommending that all Bay Area employees and contingent staff work from home starting tomorrow.” So far, the policy of continuing to pay hourly workers their normal wages has continued. As the coronavirus spreads, it’s possible that other office locations will telecommute in order to keep employees healthy. However, not all employers are encouraging telecommute work. For example, Costco won’t allow salaried employees at corporate offices to work remotely as “a matter of equity and fairness,” because retail workers can’t telecommute. \\nSeek Legal Assistance Today\\nIf you have not been paid your rightfully earned wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Microsoft, Google, Facebook, and Twitter have announced that they will continue to pay their hourly workers normal wages despite the fact that many staff members are encouraged to telecommute. As the coronavirus pandemic spreads, telecommute work is seen as a precaution to protect employees from infection. With many salaried employees working from home, these companies&hellip;</p>\\n"},{"id":8579,"path":"/blog/whole-foods-asks-employees-to-donate-paid-time-off","slug":"whole-foods-asks-employees-to-donate-paid-time-off","modified":"2020-03-16T20:00:54","title":"Whole Foods Asks Employees to “Donate” Paid Time Off","content":"In the wake of coronavirus, some businesses have provided paid-time-off for infected employees, quarantined employees, or employees with sick family members, while others have not. Workers at Whole Foods were outraged when they received a message from the company’s CEO, John Mackey, earlier this week asking healthy employees to “donate” their accumulated paid days off to sick employees. Mackey wrote, “team members who have a medical emergency or death in the immediate family can receive donated PTO hours, not only from Team Members in their own location but also from Team Members across the country.” The email said that the company would give two weeks paid-time-off and unlimited unpaid time-off to employees that test positive for the virus, but no paid time off for those who are quarantined or suspect that they are ill. An Amazon spokesperson released a statement explaining that donated PTO has been a “longstanding” policy at Whole Foods from before Amazon acquired the grocery store, but employees insist that this national emergency requires a different response. \\nAs a subsidiary of Amazon, Whole Foods is owned by Jeff Bezos, the world’s richest man who has a net worth of $106.2 billion. The company’s employees believe that Bezos could easily afford to give unlimited paid-time-off to those who are sick but chooses to force workers, many of whom live paycheck to paycheck, to sacrifice their own paid leave to help their colleagues. “You’ve got the richest man in the world asking people who are living paycheck to paycheck to donate to each other,” said one former Whole Foods employee. Another employee said that “considering [Whole Foods] is a billion-dollar company, I think it is selfish asking the retail workers to figure it out within themselves … being a front end cashier I feel like we are the most exposed to the situation.” The policy disproportionately affects hourly cashiers and warehouse workers while Whole Foods has asked salaried employees to indefinitely work from home if they contract the coronavirus. When workers don’t have an adequate amount of PTO, they have to choose whether to go to work sick or sacrifice a paycheck. \\nJobs at Risk \\nWhile the House’s new coronavirus bill guarantees two weeks of paid sick leave to full-time workers, it only applies to 20% of American employees. The country’s largest employers with more than 500 workers are exempt from this requirement and they employ approximately 54% of American workers. Additionally, businesses with less than 50 employees do not have to provide two weeks of PTO and they employ about 26% of workers. Ultimately, Americans could lose their jobs or escalate the spread of coronavirus if businesses do not adopt more generous PTO policies in the coming weeks. \\nSeek Legal Assistance Today \\nIf your employer has violated your contractually agreed upon paid-time-off, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In the wake of coronavirus, some businesses have provided paid-time-off for infected employees, quarantined employees, or employees with sick family members, while others have not.  Workers at Whole Foods were outraged when they received a message from the company’s CEO, John Mackey, earlier this week asking healthy employees to “donate” their accumulated paid days off&hellip;</p>\\n"},{"id":8574,"path":"/blog/french-court-rules-that-uber-has-misclassified-employees","slug":"french-court-rules-that-uber-has-misclassified-employees","modified":"2020-03-15T19:05:21","title":"French Court Rules that Uber has Misclassified Employees","content":"France’s Court of Cassation, the country’s highest court of law, recently ruled that Uber should have classified a former Uber driver as an employee rather than a self-employed worker. The ruling is the latest in a series of lawsuits against Uber for improperly treating drivers as independent contractors to save money. Other ride-sharing drivers may use the case as precedent to demand employee classification because independent contractors aren’t given the same benefits such as minimum wage, overtime, insurance, and more. \\nThe Ruling \\nThe French Court of Cassation decided that Uber and the former driver actually had an employment contract because “there [was] a relationship of subordination between the driver and the company.” The court explained that workers can only be considered self-employed if they set their own prices, manage their own clients, and decide how to execute the tasks they perform. The driver did not have any of these freedoms. The Court of Cassation argued that the driver couldn’t choose his own pricing, develop a customer base, or exert any control over the routes he took while driving clients. Further, Uber does not reveal the destination of a ride until the driver has accepted, so drivers have no discretion over the work they chose to perform. If drivers decline too many rides or receive bad ratings, Uber can immediately suspend their accounts. \\nAdditionally, Uber regularly oversees its drivers’ performances. The company sends them a message saying “are you still there?” and temporarily closes their account if they decline three rides in a row. Based on the subordinate role of Uber drivers to the ride-sharing company, the court concluded that “the driver does not perform his service as a self-employed worker but as an employee.” The court said that the Uber driver’s self-employed status was “only fictitious.”\\nLawsuits Against Uber \\nIn recent years, there have been countless lawsuits against Uber for misclassification, but court rulings on the matter have been mixed. For example, in 2019 alone, Uber paid $649 million to New Jersey’s Department of Labor for misclassification, $20 million in a class-action lawsuit, and the U.K.’s supreme court ruled that drivers should be classified as employees. Last year, California also passed a bill that makes all ride-sharing apps treat their drivers as employees. On the other hand, a US district judge in Philadelphia concluded that Uber drivers are independent contractors because they can choose their own hours. Ultimately, the French Court of Cassation’s ruling could dramatically affect all workers in France’s gig economy as well as countries like Brazil, Colombia, and the United States that have ongoing lawsuits against app-based ride-sharing companies. \\nSeek Legal Assistance \\nIf you have been misclassified as an independent contractor, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>France’s Court of Cassation, the country’s highest court of law, recently ruled that Uber should have classified a former Uber driver as an employee rather than a self-employed worker.  The ruling is the latest in a series of lawsuits against Uber for improperly treating drivers as independent contractors to save money. Other ride-sharing drivers may&hellip;</p>\\n"},{"id":8570,"path":"/blog/firm-invalidates-deceptive-arbitration-agreements-in-it-class-action","slug":"firm-invalidates-deceptive-arbitration-agreements-in-it-class-action","modified":"2020-03-15T18:40:39","title":"Firm Invalidates Deceptive Arbitration Agreements In IT Class Action","content":"Judge Woods of the U.S. District Court Southern District of New York recently granted our firms motion. Our firm moved to invalidate deceptive arbitration agreements on behalf of IT workers in a class-action lawsuit. The Court found that the IT employers new arbitration policy was instituted in bad faith. IT workers were required to sign the arbitration agreement in order to keep their jobs, essentially giving them no choice but to sign away their rights in court. Because the IT employers communications with class action members were improperly coercive and misleading, the Court invalidated the arbitration agreement altogether. Judge Woods also called the opposing counsels arguments against our motion “ill-conceived” and “nonsensical.” Our firm is committed to continuing to fight for the rights of IT workers in Court.\\nSeek Legal Assistance Today\\nOur firm knows what it takes to win. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Judge Woods of the U.S. District Court Southern District of New York recently granted our firm&#8217;s motion. Our firm moved to invalidate deceptive arbitration agreements on behalf of IT workers in a class-action lawsuit. The Court found that the IT employer&#8217;s new arbitration policy was instituted in bad faith. IT workers were required to sign&hellip;</p>\\n"},{"id":8565,"path":"/blog/working-longer-hours-the-unexpected-drawbacks","slug":"working-longer-hours-the-unexpected-drawbacks","modified":"2020-03-06T13:17:04","title":"Working Longer Hours: The Unexpected Drawbacks","content":"Americans are known for working longer hours. In an average year, the typical American works 100 more hours than a Brit, 300 more hours than a Frenchman, and 400 more than a German. The typical American also takes fewer vacation days than our European counterparts. When taking on more overtime hours, some employees are hyper-focused on overtime payments and moving up the career ladder. However, there are a number of negative consequences to working longer hours that you may not expect. \\nEffects On Health\\nBoth physical and mental health are affected by working longer hours. The University College London found that the risk of having heart disease increases by 67% for people who work overtime compared to people who work the standard 7-8 hours per day. The American Journal of Epidemiology published a study showing that middle-aged workers who work over 55 hours a week have poorer mental skills, such as short-term memory and a reduced ability to recall words, than those who work a standard workweek. Additionally, for many workers, more time at work means more stress. Increases in stress are associated with a wide range of health problems, from ulcers to obesity. Mental health is also negatively impacted by working longer hours. A study conducted by University College London and the Finnish Institute of Occupational Health found that overtime can double your chances of developing depression. All of these negative health outcomes can have a big cost on employers. \\nDecreases In Productivity\\nYou might expect that a benefit to working more hours would be increased productivity. However, longer hours do not automatically result in a greater output. A Boston University study found that managers could not tell the difference between employees who worked 80 hours a week and those who just pretended to. This finding can be explained by another study conducted in the United Kingdom. Surveying over 2,000 office workers, researchers found that the average worker only accomplished 3 hours of work a day, regardless of the number of hours he or she spent in the office. Another study in a Swedish Toyota center tried a six hour workday and saw increased profits. Finally, a Stanford study found that productivity declines sharply when an employee works over 50 hours a week. After 55 hours, productivity drops so much that putting in any more hours does not increase productivity at all. Therefore, those who work 70 hours per week tend to generate the same output as those who work 55 hours. \\nSeek Legal Assistance\\nIf you have not been paid your rightful overtime wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Americans are known for working longer hours. In an average year, the typical American works 100 more hours than a Brit, 300 more hours than a Frenchman, and 400 more than a German. The typical American also takes fewer vacation days than our European counterparts. When taking on more overtime hours, some employees are hyper-focused&hellip;</p>\\n"},{"id":8561,"path":"/blog/coronavirus-outbreak-sparks-racism-against-asians","slug":"coronavirus-outbreak-sparks-racism-against-asians","modified":"2020-02-29T17:30:07","title":"Coronavirus Outbreak Sparks Racism Against Asians","content":"The Coronavirus outbreak is believed to have originated in a seafood market in Wuhan, China. The flu-like illness is both deadly and contagious, with thousands of cases confirmed globally and over 2,700 deaths. Symptoms include fever, cough, and shortness of breath. There are now at least 60 confirmed cases in the United States. As the virus is spreading globally, so are racist attacks against Asians. Many are comparing this discrimination to that which occurred during the SARS epidemic in 2003, which also originated in China.\\nAttacks On Asians Across the Globe\\nRegardless of whether someone is actually from China, Asian Americans across the nation are facing racist attacks. For example, in New York City, a man assaulted an Asian woman who wore a surgical mask, calling her a diseased b****. In Los Angeles, a man on the subway called the Chinese “filthy” and said every disease has ever came from China. A Lyft driver in California refused to take Asian riders. At a restaurant in Seoul, a red sign in the window read “no Chinese allowed.” Additionally, New York’s Chinatown has taken financial hits, with far fewer customers dining at Chinese restaurants. However, there have been no confirmed Coronavirus cases in New York. The global hashtag #JeNeSuisPasUnVirus  French for I am not a virus” has been used by Asians across the world who are standing up to discrimination. Many argue that the Coronavirus fears are unfounded because the virus has killed far fewer people than the flu. The director of the World Health Organization, Tedros Adhanom Ghebreyesus, has instructed leaders to stop stigma and hate amid the coronavirus outbreak.\\nRacial Discrimination in the Workplace\\nWith racial attacks in the U.S. increasing, it’s likely that Asian Americans will face racial discrimination in the workplace as well. Workplace discrimination on the basis of race is illegal. Discrimination can occur either when an employee or job applicant is treated less favorably solely on the basis of race. Discrimination is illegal regarding any aspect of employment, such as hiring, promotions, firing, lay-offs, job responsibilities, and more. Harassment on the basis of race is also illegal in the workplace. Although the law does not prevent offhand offensive jokes, harassment is illegal when it rises to the level of a hostile or offensive work environment or it causes an adverse employment decision. If you have experienced racial discrimination in the workplace, you should speak with an experienced employment attorney. \\nSeek Legal Assistance Today\\nIf you have experienced racial discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Coronavirus outbreak is believed to have originated in a seafood market in Wuhan, China. The flu-like illness is both deadly and contagious, with thousands of cases confirmed globally and over 2,700 deaths. Symptoms include fever, cough, and shortness of breath. There are now at least 60 confirmed cases in the United States. As the&hellip;</p>\\n"},{"id":8557,"path":"/blog/supreme-court-to-decide-whether-religious-orginazations-may-be-exempt-from-discrimination-lawsuits","slug":"supreme-court-to-decide-whether-religious-orginazations-may-be-exempt-from-discrimination-lawsuits","modified":"2020-02-23T17:54:55","title":"Supreme Court To Decide Whether Religious Orginazations May Be Exempt From Discrimination Lawsuits","content":"Within the next month or two, the U.S. Supreme Court is set to decide to what extent religious organizations may be exempt from discrimination lawsuits filed by employees. The court is considering two cases involving teachers at two Catholic schools in California. Both teachers filed wrongful termination and bias lawsuits. Generally, courts have ruled that the First Amendment prohibits anti-bias lawsuits against religious organizations for hiring or firing employees. However, some argue that all employers, regardless of their religious affiliation, should be subject to discrimination lawsuits if they have committed a violation under the law. \\nCatholic School Teachers Take Discrimination Cases To Supreme Court\\nOne teacher sued her employer for age discrimination and wrongful termination. Another teacher sued the Catholic school for disability discrimination when she was diagnosed with cancer. The lower court blocked the lawsuits because it ruled that teachers were “ministerial employees,” who the law prohibits from suing an employer for discrimination. Whether or not someone is considered a ministerial employee depends on several factors that the court weighs. For example, the court may consider an employee’s title, the training a title suggests, or the religious functions an employee performs. \\nArguments For the Exemption of Religious Organizations\\nThe attorneys representing the Catholic schools argue that both teachers played a crucial role in the religious education of students. Both teachers taught religion classes, integrated Catholic values into every course, prayed with students daily, and attended Mass with students. With these religious aspects of their employment, the attorneys argue that the teachers should fall under the ministerial exception. Therefore, they would not be allowed to file discrimination lawsuits against their former employer. The attorneys for the Catholic school argue that religious organizations should have the freedom to hire and fire ministerial employees at their discretion without interference from courts. Religious organizations prioritize this freedom because of the important role that these employees play in religious education. Additionally, the Catholic schools argued that they terminated the teachers for performance reasons. \\nWhy Others Want To Remove The Exemption for Religious Organizations\\nThose who do not think religious organizations should be exempt from discrimination lawsuits argue that all organizations should be subject to anti-discrimination laws. Proponents of changing the exception say that all employees should be able to assert their rights in court if they are discriminated against in the workplace. Additional conflicts regarding this issue may arise if the courts change this exception. For example, should a religious employer be able to fire an employee because he or she identifies as LGBT? Where do you think we should draw the line between employer freedom and employee protection?\\nSeek Legal Assistance Today\\nIf you have experienced discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Within the next month or two, the U.S. Supreme Court is set to decide to what extent religious organizations may be exempt from discrimination lawsuits filed by employees. The court is considering two cases involving teachers at two Catholic schools in California. Both teachers filed wrongful termination and bias lawsuits. Generally, courts have ruled that&hellip;</p>\\n"},{"id":8548,"path":"/blog/law-office-of-christopher-q-davis-named-rising-stars-in-super-lawyers-new-york-metro-2019-ranking","slug":"law-office-of-christopher-q-davis-named-rising-stars-in-super-lawyers-new-york-metro-2019-ranking","modified":"2020-02-17T02:45:37","title":"Working Solutions Law Firm named Rising Stars in Super Lawyers New York Metro 2019 Ranking","content":"The Working Solutions Law Firm is proud to announce that our attorney Rachel Haskell was named as a rising star to the Super Lawyers New York Metro 2019 listing. We are also pleased to share that Christopher Q. Davis was named as a Superlawyer. Our attorneys know what it takes to win. We are committed to working on all employment legal needs, and our hard work delivers excellent results to clients.\\nSeek Legal Assistance Today\\nIf you have an employment legal need, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Working Solutions Law Firm is proud to announce that our attorney Rachel Haskell was named as a rising star to the Super Lawyers New York Metro 2019 listing. We are also pleased to share that Christopher Q. Davis was named as a Superlawyer. Our attorneys know what it takes to win. We are committed&hellip;</p>\\n"},{"id":8544,"path":"/blog/pregnancy-center-sues-new-york-over-recent-discrimination-law","slug":"pregnancy-center-sues-new-york-over-recent-discrimination-law","modified":"2020-02-17T02:22:08","title":"Pregnancy Center Sues New York Over Recent Discrimination Law","content":"EMC Frontline, a crisis pregnancy center in New York, has sued to prevent the state from enforcing the “Boss Bill,” which the state legislature passed in 2019. The law prohibits employers from discriminating based on an applicant or employee’s beliefs about abortion. Specifically, the law states that employers may not refuse to hire someone based on the reproductive health decisions of an applicant or his or her dependents. Additionally, the law forbids employers from accessing “information regarding the employees or the dependents reproductive health decision making. Organizations like EMC Frontline with public stances on abortion are outraged over this new discrimination law. \\nPregnancy Center Challenges Enforcement of New Law\\nEMC Frontline argues that it has the right to refuse to hire people based on their stance on abortion. Under New York’s new law, the pregnancy center’s hiring policy would be illegal. The pregnancy center claims that the law violates the organization’s 1st and 14th Amendment rights. One lawyer for the pregnancy center stated that the organization exists “for the purpose of advocating for and providing desperate women with alternatives to abortion. Forcing them to hire someone who promotes abortion would completely undermine their mission.” The new law has no exemptions for religious or other organizations like EMC Frontline with public stances on abortion. So, we may also see religious organizations challenge this law based on another legally protected category: religious discrimination. If an employer’s stance on abortion is due to its religious beliefs, it may claim that this law violates religious freedom rights. \\nWhy New York Created A New Category of Discrimination\\nThe bill’s main sponsor in New York’s state Senate, Jennifer Metzger, argued that the state government had a duty to prevent employers’ “personal and political beliefs” from discriminating based on employees’ decisions about reproductive services. The bill passed in the legislature with bipartisan support. The Senator said that “no one should have to fear that they will lose their job or be demoted because of their own, private reproductive health decisions.” Many think the legislature’s action on this issue is a part of New York’s ongoing response to recent laws surrounding the abortion issue across the nation. Time will tell if this new law will be upheld in New York courts, particularly due to the potential conflicts with New York’s laws against religious discrimination. Do you think the state legislature was right in preventing employers from discriminating based on this issue?\\nSeek Legal Assistance Today\\nIf you have been discriminated against in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>EMC Frontline, a crisis pregnancy center in New York, has sued to prevent the state from enforcing the “Boss Bill,” which the state legislature passed in 2019. The law prohibits employers from discriminating based on an applicant or employee’s beliefs about abortion. Specifically, the law states that employers may not refuse to hire someone based&hellip;</p>\\n"},{"id":8538,"path":"/blog/how-doordashs-policy-limiting-worker-rights-backfired","slug":"how-doordashs-policy-limiting-worker-rights-backfired","modified":"2020-02-16T15:41:16","title":"How DoorDash’s Policy Limiting Worker Rights Backfired","content":"Before starting work, DoorDash, the popular food delivery company, made its delivery workers sign away their right to sue. According to their contracts, disputes could only be resolved in privatized arbitration. Privatized arbitration predominantly favors corporations over workers as it prohibits class actions, allows the employer to choose the arbitrator, and reduces damages. While DoorDash’s policy was intended to protect the company against costly lawsuits, the policy has backfired. \\nThe Allegations Against DoorDash\\nNow that more than 5,800 of the company’s delivery workers have filed individual arbitration claims, DoorDash is insisting to go to court instead of settling each claim in arbitration. After all, arbitration prohibits many plaintiffs with similar injuries from bringing a single collective case against a defendant. The delivery workers accuse the company of misclassifying them as independent contractors, failing to reimburse drivers for gas, failing to compensate them for all hours worked, and collecting tips left by clients. On February 10, Jude William Alsup denied DoorDash’s motion to avert arbitration in the case of Abernathy v. DoorDash. Alsup ordered DoorDash to individually arbitrate the 5,800 disputes and pay $1,900 in fees for each arbitration meeting. DoorDash now faces a total of almost $10 million in legal fees before the arbitration proceedings even begin. \\nIn his Abernathy v. DoorDash opinion, Alsup said, “the irony, in this case, is that the workers wish to enforce the very provisions forced on them by seeking, even if by the thousands, individual arbitrations, the remnant of procedural rights left to them.” He continues, “the employer here, DoorDash, faced with having to actually honor its side of the bargain, now blanches at the cost of the filing fees it agreed to pay in the arbitration clause. No doubt, DoorDash never expected that so many would actually seek arbitration.”\\nArbitration vs. Litigation\\nIt has become more common for companies to include arbitration clauses in their employees’ contracts in the past three decades. Arbitration occurs when two parties meet with an independent, neutral attorney who specializes in the field of law of the dispute. It is a private and legally binding form of legal settlement. Litigation occurs when two parties go to court to settle a dispute. A judge decides upon the outcome of a case after listening to each party’s lawyers and studying the evidence. If a party doesn’t like the judge’s decision, they can appeal to a higher court. On average, employers win privatized arbitration disputes more often than employees. According to the Economic Policy Institute, plaintiffs win 36.4% of cases in federal court, but only 21.4% in privatized arbitration. Even when privatized arbitration disputes are decided in the plaintiff’s favor, they earn $36,500 in damages on average compared to $176, 426 in federal court. \\nSeek Legal Assistance Today \\nIf your employer has misclassified you as an independent contractor, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Before starting work, DoorDash, the popular food delivery company, made its delivery workers sign away their right to sue. According to their contracts, disputes could only be resolved in privatized arbitration.  Privatized arbitration predominantly favors corporations over workers as it prohibits class actions, allows the employer to choose the arbitrator, and reduces damages.  While DoorDash’s&hellip;</p>\\n"},{"id":8533,"path":"/blog/is-your-burrito-funding-child-labor-chipotle-pays-1-37-million-in-employment-law-violations","slug":"is-your-burrito-funding-child-labor-chipotle-pays-1-37-million-in-employment-law-violations","modified":"2020-02-10T01:45:25","title":"Is Your Burrito Funding Child Labor? Chipotle Pays $1.37 Million In Employment Law Violations","content":"Chipotle, a beloved Mexican food chain, was recently fined $1.37 million for child labor and other state wage and hour violations in Massachusetts. Chipoltle violated earned sick time laws, failed to make timely payment of wages, and committed employee records violations. 13,253 child labor violations occurred at over 50 locations across the state. $500,000 of Chipotles payout will go towards a fund to be administered by the attorney general’s office. The purpose of the fund is to educate young people about child labor laws and employment laws generally. \\nChipotle Commits Violations Against Minor Employees\\nThe lawsuit discovered in Chipotles records that minors routinely worked without valid work permits, too late into the evening, and too many hours per week. Some suspect these violations are due to a labor shortage, resulting in restaurants hiring more minor workers. Additionally, minors were not paid their wages in a timely manner. Just like adult employees, minor workers are still entitled to the timely payment of wages. All employees, no matter their salary or age, have rights under the law. Chipotle also failed to notify employees of their rights under the earned sick time law and failed to completely record employee’s time records.\\nResponse from Chipotle\\nChipotle issued a statement that said: “We are committed to ensuring that our restaurants are in full compliance with all laws and regulations and we believe that in hiring workers beginning at age 16, we can provide younger employees with valuable experiences and provide a compelling work environment.” Chipotle also highlighted that it gives employees tuition reimbursement, access to mental healthcare, and financial planning tools. The Massachusetts attorney general said that the state has “a duty to ensure minors are safe working in its restaurants.”\\nWage &amp; Hour Violations In The Restaurant Industry\\nWage and hour violations are all too common in the restaurant industry. Some food industry employers will illegally cut corners by taking from workers’ wages. Chipoltle shows us that even popular nationwide food chains commit these violations. Under federal and state law, covered employees must earn the minimum wage and overtime wages for any hours over 40 worked in a given workweek. Overtime rates should be at least time and a half your usual hourly rate. Additionally, employers must maintain proper records of employee’s wage payments. If you are not sure if you qualify for overtime wages, you should speak to an experienced employment lawyer as soon as possible. \\nSeek Legal Assistance Today\\nIf your employer has not paid your rightfully earned wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Chipotle, a beloved Mexican food chain, was recently fined $1.37 million for child labor and other state wage and hour violations in Massachusetts. Chipoltle violated earned sick time laws, failed to make timely payment of wages, and committed employee records violations. 13,253 child labor violations occurred at over 50 locations across the state. $500,000 of&hellip;</p>\\n"},{"id":8527,"path":"/blog/new-york-fire-department-pays-14-5-million-to-emts","slug":"new-york-fire-department-pays-14-5-million-to-emts","modified":"2020-02-09T16:02:36","title":"New York Fire Department Pays $14.5 Million to EMTs","content":"New York City has to pay over 2,500 of the Fire Department’s medical technicians and paramedics $14.5 million in the court case Chaz Perry, et al. v. City of New York and New York Fire Department. Not only were the medical workers not compensated for pre and post-shift work, but they did not receive time-and-one-half pay for hours worked over forty. The EMTs said that they swiped into work early to assemble their gear and coordinate with supervisors. They said they often swiped out late in order to finish reports or to put away and exchange medical equipment. Thus, the paramedics’ hours worked were recorded on timekeeping machines but were deliberately ignored by the New York Fire Department. \\nThe $14.5 million accounts for $7.25 million in back pay, $7.238 million in liquidated damages, and $3.3 million for the fees and costs of the plaintiffs’ attorneys according to US District Judge Vernon S. Broderick. Because the EMTs logged their overtime by swiping in and out of work, the back pay was calculated directly from the amount of time that the city had recorded on its timekeeping machines but failed to pay. Molly A. Elkon, the plaintiffs’ attorney from the law firm McGillivary Steele Elkin LLP, told Law360 “following a three-week jury trial, the jury did justice, finding that the city recklessly violated the FLSA by failing to pay its paramedics and EMTs for pre-shift and post-shift work time recorded on the city’s time clocks. On behalf of the hard-working FDNY first responders, we are thrilled with the verdict, and with the court’s award of double damages.” \\nThe Fair Labor Standards Act (FLSA)\\nThe New York Fire Department violated the FLSA’s requirement that all non-exempt employees who work more than 40-hours per week receive overtime compensation of time-and-one-half the hourly rate of pay. The Second Circuit Court of Appeals has generally defined work as “ as exertion or loss of an employee’s time that is (1) controlled or required by an employer, (2) pursued necessarily and primarily for the employer’s benefit, and (3) if performed outside the scheduled work time, an integral and indispensable part of the employee’s principal activities.” \\nThe court only holds employers accountable for paying overtime if they had “actual or constructive knowledge of that work.” According to Judge Broderick, the paramedics’ pre and post-shift tasks can be considered “work” and supervisors observed them performing these uncompensated overtime activities. Ultimately, the jury unanimously decided that the New York Fire Department failed to properly compensate its medical technician and paramedic staff after deliberating for less than two hours. \\nSeek Legal Assistance\\nIf your employer has denied you your rightful overtime compensation, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>New York City has to pay over 2,500 of the Fire Department’s medical technicians and paramedics $14.5 million in the court case Chaz Perry, et al. v. City of New York and New York Fire Department.  Not only were the medical workers not compensated for pre and post-shift work, but they did not receive time-and-one-half&hellip;</p>\\n"},{"id":8523,"path":"/blog/new-york-citys-restaurant-owners-are-stealing-servers-wages-and-tips-heres-what-you-do-about-it","slug":"new-york-citys-restaurant-owners-are-stealing-servers-wages-and-tips-heres-what-you-do-about-it","modified":"2020-02-02T23:31:10","title":"New York City’s Restaurant Owners are Stealing Servers’ Wages and Tips – Here’s What You Do About it","content":"Wage theft is commonplace in the restaurant industry from fast-food to upscale eateries. In fact, the Department of Labor’s estimated that 84% of restaurants had violated labor standards including wage and tip laws from 2010 to 2012. In recent years, countless food service workers have sued their employers for these violations. For example, McDonald’s paid $26 million to settle wage theft accusations from its cooks and cashiers in California this past November. In 2017, TGI Friday’s paid $19 million and Blue Hill at Stone Barns, named the best restaurant in America by Eater, paid $2 million for mismanaging tips and failing to pay overtime. \\nThe restaurant industry is permeated with labor law violations, but its workers are some of the most economically vulnerable. According to the Bureau of Labor Statistics, food service workers had a median salary of $21,750 or $10.45 per hour in 2018.  46% of tipped workers and their families depend on public benefits for assistance as a long-term subsidy for their low incomes. Ultimately, Saru Jayaraman, co-founder and director of the Restaurant Opportunities Center United says that “the poorest workers in America are being stolen from the most.”\\nWhat is Wage Theft? \\nWage theft occurs when a business intentionally or unintentionally withholds some of a worker’s pay. Tipped restaurant industry workers are more susceptible to wage theft because they do not have to get paid the federal minimum wage of $7.25 per hour. Employers are only required to pay their tipped workers $2.13 per hour in direct compensation if that amount in addition to their tips equals the federal minimum wage. Many employers take advantage of this complex system to overwork and underpay their tipped employees. In the restaurant industry, wage theft commonly takes place when employers pay the tipped minimum wage of $2.13 for non-tipped work like cleaning dishes, refuse to pay overtime, call for employees to perform off-the-clock work, pool the tips, or fail to provide meal breaks. \\nHow to Prevent Wage Theft\\nTipped restaurant industry workers should be aware of their rights under the Fair Labor Standards Act to challenge their employers if they believe they are being underpaid. Employees are protected by anti-retaliation laws to seek legal assistance in order to claim the payments that they are owed without repercussions from their employers. Seven states have enacted laws that require tipped workers to be paid the state’s full minimum wage, allowing them to receive 15% more than tipped employees in other states. Many argue that “one fair minimum payment for tipped and nontipped workers could prevent these workers from being exploited in the future. \\nSeek Legal Assistance\\nIf you are a victim of wage theft, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Wage theft is commonplace in the restaurant industry from fast-food to upscale eateries.  In fact, the Department of Labor’s estimated that 84% of restaurants had violated labor standards including wage and tip laws from 2010 to 2012. In recent years, countless food service workers have sued their employers for these violations.  For example, McDonald’s paid $26&hellip;</p>\\n"},{"id":8519,"path":"/blog/rising-cost-of-overtime-violations-in-new-york-state","slug":"rising-cost-of-overtime-violations-in-new-york-state","modified":"2020-02-02T01:04:33","title":"Rising Cost of Overtime Violations in New York State","content":"Rising overtime violations are an increasing problem for workers in New York State. Wage theft occurs when an employer illegally refuses to pay an employee for all hours worked. Illegal violations can include when an employer doesn’t pay minimum wage, overtime wages, off-the-clock work, etc. Unpaid wages particularly harm minimum and low-wage workers who often struggle to make ends meet. For these workers, every paycheck is essential to cover basic expenses. Fortunately, wage laws help ensure that all workers receive their proper earnings. New York recently updated their overtime law to cover any worker who earns less than $52,000 a year and works more than 40 hours in a week.\\nStudy On Overtime Violations In New York\\nEmployee surveys show that when an employer commits wage theft, workers’ income may decrease up to 50%. A Department of Labor study on minimum wage violations in New York and California found that the affected workers lost 37–49% of their income. These illegal practices put between 15,000 and 67,000 families below the poverty line. Between 50,000–100,000 families already below the poverty line were also impacted. Over one year, these minimum wages amount to an estimated $1.6 billion–$2.5 billion in New York and California alone. With this information, researchers estimate that the total minimum wage violations across the nation are roughly between $8.6 and $13.8 billion. Overtime pay violations may be even higher, as these violations are typically in larger amounts individually. Overtime violations are most common among low wage workers. One study found that 19% of front-line workers in low wage industries were not paid proper overtime earnings.\\nEnsuring Employer Compliance To Avoid Overtime Violations\\nThe previous studies show that we need to be doing a better job to ensure that employers are complying with the law. President Trump has recently advocated for increases to the budget and staffing of the U.S. Wage and Hour Division, which enforces overtime law. Congress could also consider increasing the penalties for employers who fail to comply with the law. An employer that commits wage theft should face consequences to deter repeat offenses. In the meantime, any worker who has not been paid their rightfully earned wages should consult an experienced employment attorney. The injustice of not being properly paid can be resolved in court, and workers with successful cases can sue to earn back the wages that they should have been paid in the first place.\\nSeek Legal Assistance Today\\nIf you have not been paid overtime wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Rising overtime violations are an increasing problem for workers in New York State. Wage theft occurs when an employer illegally refuses to pay an employee for all hours worked. Illegal violations can include when an employer doesn’t pay minimum wage, overtime wages, off-the-clock work, etc. Unpaid wages particularly harm minimum and low-wage workers who often&hellip;</p>\\n"},{"id":8514,"path":"/blog/the-human-cost-of-convenience-chinese-school-children-produce-amazon-devices","slug":"the-human-cost-of-convenience-chinese-school-children-produce-amazon-devices","modified":"2020-01-29T15:52:26","title":"The Human Cost of Convenience: Chinese School Children Produce Amazon Devices","content":"A report released by China Labor Watch (CLW) in August 2019 accuses an Amazon manufacturer of Echo speakers, Kindles, and Alexa devices called Foxconn of illegally employing more than 1500 “interns.” These workers are students from vocational schools between the ages of 16 and 18 hired after Foxconn struggled to recruit enough permanent staff to meet Amazon’s production goals. \\nDespite China’s prohibition on arranging overtime or night work for students, the interns were subjected to working 60-hour weeks or 10-hour days. They were only paid $1.42 per hour and were given just two days off in an entire month during the manufacturer’s peak production period. This clearly violated China’s stipulation for at least one scheduled day off per week. Additionally, interns currently compose 21.3% of Foxconn’s labor force, far exceeding China’s legal limit of 10%. \\nThe CLW report reveals that the vocational school teachers collaborated with Foxconn’s managers to coerce students who were reluctant to work extra shifts. Teachers were incentivized to do so because Foxconn paid their schools $0.42 per hour worked by each intern. When students did not comply with work demands, teachers would “physically and verbally attack them.” The report explains that uncooperative students were fired from their positions and barred from graduating from their vocation institution. Thus, students often had no choice but to work overtime in positions with no relevance to their academic work. \\nAmazon’s Response \\nJeff Bezos told BBC in a recent statement that Amazon condemns Foxconn’s labor law violations and has already sent a team of specialists to perform weekly audits on the factory. Amazon has a supplier code of conduct that requires that products are manufactured in “safe, healthy, and inclusive work environments.” Nevertheless, CLW found that Foxconn now employs more interns and pays them less income, subsidies, and bonuses than it did in 2018 when Amazon was first notified of the manufacturer’s violations. In 2018, Jeff Bezos promised to monitor Foxconn more closely to prevent further violations. CLW’s 2019 findings call into question Amazon’s commitment to adhering to its own supplier code of conduct and global labor laws. \\nHolding American Companies Accountable Overseas \\nThe irony that a company led by the richest man on earth with a net worth of over $150 billion is supported by teenage interns compensated at the dollar equivalent of $1.42 per hour speaks to a common narrative amongst American-based multinational corporations. Many companies like GE, Ford, and United Technologies outsource the majority of their workforce overseas where minimum wages don’t exist and labor laws aren’t as strictly enforced. With no way to hold these corporations legally accountable, some argue that consumers should exert their bargaining power by refusing to support companies with unethical global labor practices. However, such a mass mobilization has not yet occurred and global labor violations continue to surface. \\nSeek Legal Assistance \\nIf you are the victim of a labor law violation, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A report released by China Labor Watch (CLW) in August 2019 accuses an Amazon manufacturer of Echo speakers, Kindles, and Alexa devices called Foxconn of illegally employing more than 1500 “interns.”  These workers are students from vocational schools between the ages of 16 and 18 hired after Foxconn struggled to recruit enough permanent staff to&hellip;</p>\\n"},{"id":8508,"path":"/blog/how-drug-testing-could-hurt-your-business","slug":"how-drug-testing-could-hurt-your-business","modified":"2020-01-23T20:31:06","title":"How Drug Testing Could Hurt Your Business","content":"As more states legalize marijuana and CBD products become extremely popular, employers are having difficulty enforcing a drug and alcohol-free work policy. Imagine that one of your star employees fails a random drug testing, but he denies using any illegal substances. He claims that his doctor recommended using CBD oil to ease his arthritis-induced wrist pain. If you want to maintain your zero-tolerance policy, do you fire him?\\nThe passage of the Farm Bill in 2018 federally legalized the cultivation of hemp, non-intoxicating varieties of Cannabis with 0.3% or less THC content. It removed hemp from the Food and Drug Administration’s schedule I substances which are strictly regulated and can only be prescribed by physicians. Today, one in seven adults consume CBD in the form of lotions, oils, coffee, cookies, and more for its positive health benefits: alleviating anxiety, depression, acne, pain, and heart disease. Nevertheless, common police field tests and employer drug tests still cannot discern between THC and CBD levels. As a result, the use of legal CBD products can potentially lead to professional and legal consequences.\\nState Policy Variations\\nFiring or even reprimanding your star employee for failing the drug test could pose several legal problems for your business. His termination could provide legal ammunition for a lawsuit in several states. Colorado, California, Illinois, Minnesota, Montana, Nevada, New York, North Carolina, Tennessee, North Dakota, and Wisconsin prohibit employers from firing workers for the use of lawful products to protect employees’ off-duty rights. In other words, workers cannot be punished for using CBD products because they are legal on the state and federal level. Thus, firing or disciplining your star employee in these eleven states could result in a lawsuit.\\nDisability Violations\\nFiring your star employee could also be interpreted as a violation of the Americans with Disabilities Act as arthritis is considered a debilitating disability in many cases. Employers with more than 15 employees must provide reasonable accommodations to workers with disabilities. Further, the ADA prohibits employers from discriminating against employees with disabilities or retaliating against them for asserting their rights. Therefore, firing your star employee for alleviating his arthritis pain could easily qualify as disability discrimination.\\nInconsistency is Discrimination\\nFinally, being inconsistent with your enforcement of a drug and alcohol work policy could also make your business vulnerable lawsuits. Let’s say that you don’t reprimand or terminate your star employee because he has worked for you for ten years. In this time, he has proven to be a reliable worker that is true to his word, so you trust that he is only using CBD products. A female employee fails the same random drug test and also claims that she uses CBD oil for medical purposes, but you decide to fire her because she is a new hire. Your inconsistent application of the zero-tolerance policy gives the female worker a legal claim against you for gender discrimination.\\nSeek Legal Assistance\\nIf you need guidance on drug testing laws, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>As more states legalize marijuana and CBD products become extremely popular, employers are having difficulty enforcing a drug and alcohol-free work policy.  Imagine that one of your star employees fails a random drug testing, but he denies using any illegal substances.  He claims that his doctor recommended using CBD oil to ease his arthritis-induced wrist&hellip;</p>\\n"},{"id":8503,"path":"/blog/ousted-ceo-of-boeing-receives-80-7-million-payout","slug":"ousted-ceo-of-boeing-receives-80-7-million-payout","modified":"2020-01-17T19:46:22","title":"Ousted CEO of Boeing Receives $80.7 million Payout","content":"Boeing’s recently-fired CEO, Dennis Muilenburg, is leaving the company with no severance compensation or annual bonus due to the 737 Max tragedies, but will still receive $80.7 million in pension payments, Boeing stock, and other deferred contributions. Boeing claims that Muilenburg’s leaving settlement only consists of pre-existing and contractually owed compensation. He was withheld $15 million in potential bonus pay and severance.\\n Muilenburg has been critiqued for his poor management of two deadly 737 Max crashes which killed 346 people. In a congressional hearing, he admitted to receiving emails from Boeing’s engineers questioning the safety of the Boeing 737 Max before the two fatal crashes. Additionally, his repeated overly-optimistic estimates of when the plane would be able to fly after a prolonged grounding led to thousands of canceled airline flights and a loss of credibility among regulators, lawmakers, and customers. Nevertheless, Muilenburg’s final compensation far exceeds the $50 million that Boeing set aside for families of the crashes’ victims. These families told the Washington Post that they were “sickened” by Muilenburg’s payout.\\nBoeing 737 Max Suspension Leads to Lay-Offs\\nProduction of the 737 Max was suspended in early December, causing 8,000 companies in its supply chain to reduce production and lay-off workers with far less leaving compensation. For example, Spirit AeroSystems, an aerospace supplier to Boeing based in Wichita, Kansas, announced that it would lay-off 2,800 workers due to the production halt on January 10th. Spirit also plans to lay-off an unspecified number of employees in its Tulsa, McAlester, and Oklahoma facilities. More than 50% of Spirit’s annual revenue comes from producing components of the 737 Max like the plane’s thrust reversers, engine pylons, and wing components. In a recent statement, Spirit said that it was forced to decrease its workforce due to the uncertainty surrounding how long the production suspension would last and what the production demand would be once it resumed. Unlike Muilenburg, these workers will only receive 60 days’ pay. \\nThe CEO vs. Worker Pay Gap \\nThe disparities between Muilenburg’s leaving settlement and those of thousands of laid-off manufacturers reveals an astonishing pay gap between CEOs and average workers that exists across the country. Last year, CEOs made 287 times more money than their workers on average, receiving $14.5 million and $39,888 respectively. While a typical worker’s salary has risen 12% since 1978, CEO compensation has increased by 940%. Ultimately, CEO pay captures much of the growth in company revenues, so rank-and-file employees do not directly benefit from their employer’s gains. This disparity is also mirrored in leaving settlements.\\n Seek Legal Assistance \\nIf your employer has violated labor laws, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Boeing’s recently-fired CEO, Dennis Muilenburg, is leaving the company with no severance compensation or annual bonus due to the 737 Max tragedies, but will still receive $80.7 million in pension payments, Boeing stock, and other deferred contributions. Boeing claims that Muilenburg’s leaving settlement only consists of pre-existing and contractually owed compensation.  He was withheld $15&hellip;</p>\\n"},{"id":8499,"path":"/blog/j-lo-gets-snubbed-racial-bias-at-the-oscars","slug":"j-lo-gets-snubbed-racial-bias-at-the-oscars","modified":"2020-01-17T15:12:30","title":"J-Lo Gets Snubbed: Racial Bias at the Oscars","content":"In the past several years, Oscars season has come with a wave of controversy. Many critics argue that nominations don’t accurately reflect the diversity in the entertainment industry. One actress at the center of this controversy in 2020 is Jennifer Lopez, who starred in Hustlers. In the film, Lopez portrayed an experienced stripper. Following the film’s release, Lopez received praise for her performance, and many expected her to be recognized at this year’s Oscars. However, Lopez was not nominated. Critics of this decision say that the Academy was motivated by racial bias. \\nHistorical Evidence Of Racial Bias At The Oscars\\nJennifer Lopez’s situation is not the first time the Oscars have been accused of racial bias against Latino artists. If she were nominated this year, Lopez would have been the first Latina American actress nominated since Rosie Perez, who earned an Oscar in 1994 for “Fearless.” Throughout the Academy’s history, only a handful of American Latino artists have ever been nominated. Rita Moreno (1962), José Ferrer (1951), Edward James Olmos (1989), and Benicio del Toro (2001) are the few American Latino artists who have been recognized at the Oscars. No American Latino director has ever been nominated for an Academy Award. While more artists of Mexican or Hispanic descent have been recognized at the Oscars, there is a significant lack of Latino artists specifically. There is also controversy over the fact that, this year, the only black woman nominated, Cynthia Erivo, portrayed a slave. Critics of the Academy argue that diverse actors should not be limited to portraying racially stereotypical roles.\\nRacial Bias Against Jennifer Lopez\\nThis year’s Oscars are not the first time Lopez has had to deal with racial bias. In a recent interview with Variety, Ms. Lopez discussed racial bias early in her career: “Maybe 30 years ago, it was very ‘Oh, you’re the Latin girl’ . . .‘You’ll do Spanish roles; you’ll play maids; you’ll only be limited to this little box.’ ” However, many thought that 2020 would be the year that Lopez would finally be recognized by the Academy. Critics praised her Hustlers performance, commending the physicality, toughness, and complexity of the role. Her performance captivated the audience, making a manipulative felon appear likable. Additionally, her pole dancing took a great deal of physical strength and training. As fellow New Yorkers, our firm loves Jennifer Lopez and commends her acting skill. We expect to see more great performances from her in the future.\\nSeek Legal Assistance Today\\nIf you have experienced racial discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In the past several years, Oscars season has come with a wave of controversy. Many critics argue that nominations don’t accurately reflect the diversity in the entertainment industry. One actress at the center of this controversy in 2020 is Jennifer Lopez, who starred in Hustlers. In the film, Lopez portrayed an experienced stripper. Following the&hellip;</p>\\n"},{"id":8496,"path":"/blog/do-i-qualify-for-overtime-pay","slug":"do-i-qualify-for-overtime-pay","modified":"2020-01-17T00:28:26","title":"Do I Qualify for Overtime Pay?","content":"Qualified employees must earn time and a half for their usual hourly rate for every hour worked over 40 in a given workweek. It is illegal for employers to not pay employees their rightful overtime wages. If you are working over 40 hours a week and not receiving an overtime pay rate, you may have a legal claim. The Fair Labor Standards Act (FLSA) classifies which workers are overtime-eligible. Keep reading to find out if you may qualify for increased wages. \\nOvertime Eligibility Under the FLSA\\nThe FLSA covers workers who participate in interstate commerce, produce goods for interstate commerce, or handle, sell, or work on goods that have been moved in or produced for interstate commerce. For most businesses to be covered, their annual dollar volume of business must be over $500,000. However, regardless of the dollar volume of business, the FLSA always covers hospitals, institutions that care for the sick, aged, mentally ill, or disabled, schools, institutions of higher education, and government agencies. The FLSA also covers all domestic service employees, such as housekeepers, cooks, and home health aides, if they receive at least $1,900 from one employer in a year or work more than eight hours a week for at least one employer. If you are covered by the FLSA, then your employer must pay you overtime wages for any hours worked over 40 in a given workweek. \\nOvertime Exemptions Under the FLSA\\nThe FLSA has certain exemptions that exclude some workers from mandatory overtime pay when working more than 40 hours in a given workweek. Examples of exempted workers include employees of certain seasonal or recreational establishments, casual babysitters, or certain highly compensated employees who earn an annual salary of $107,453 or more. You can also be exempt based on the job duties you perform. For example, if you perform certain administrative, executive, or professional tasks at work you may be exempt. An experienced employment attorney can determine whether you should be receiving overtime pay. If you should be getting paid and were improperly classified, you can take legal action to get back your rightfully earned wages. \\nCan My Employer Make A Different Overtime Deal With Me?\\nUsually, the answer is no. If you are covered under the FLSA, then your employer cannot bargain with you to pay less than the federally required overtime amount. Too often, employers illegally “cut a deal” with employees to avoid paying overtime rates. This practice is against the law, and you must be paid overtime wages if you are covered by the FLSA.\\nSeek Legal Assistance\\nIf you have not been paid overtime wages in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Qualified employees must earn time and a half for their usual hourly rate for every hour worked over 40 in a given workweek. It is illegal for employers to not pay employees their rightful overtime wages. If you are working over 40 hours a week and not receiving an overtime pay rate, you may have&hellip;</p>\\n"},{"id":8491,"path":"/blog/real-housewives-star-faces-class-action-lawsuit","slug":"real-housewives-star-faces-class-action-lawsuit","modified":"2020-01-12T16:48:07","title":"Real Housewives Star Faces Class-Action Lawsuit","content":"Lisa Vanderpump, a star on Bravo’s “Real Housewives of Beverly Hills” and “Vanderpump Rules,” is faced with a class-action lawsuit from her former employees. Vanderpump employs a number of workers at the restaurants she owns in West Hollywood, including SUR, Villa Blanca, Tom Tom, and Pump. She and her husband have owned a total of 36 restaurants, clubs, and bars in London and California. She has been accused of not paying wages or providing meal breaks to the restaurant workers. Vanderpump and her husband, Ken Todd, have allegedly violated a number of California labor laws over the last few years. \\nAccusations Against Real Housewives Star\\nAdam Pierce Antoine, a former employee of Vanderpump’s, has listed several serious allegations against Vanderpump in the class-action suit. He says that when employees worked more than 40 hours in a workweek, they were not properly compensated. He claims that Vanderpump failed to “pay wages, including overtime wages.” Additionally, the lawsuit accuses her of “manipulating or editing time records to show lesser hours than actually worked.” Another alleged violation was when she did not pay employees for off-the-clock work, such as when they conducted job training or were on-call for their services. As a result of these violations, Antoine claims that he suffered damages in an amount subject to proof” and seeks over $25,000 in compensation from Vanderpump. If this is the amount that just one employee is owed, Vanderpump may have to pay out a huge amount to her former employees if she loses this suit.\\nVanderpump’s Response and Lawsuit’s Future\\nNeither Vanderpump nor her husband has commented on the lawsuit or the allegations against them. However, a source from the restaurant released a statement saying, “These were two disgruntled ex-employees that had been written up with many warnings by management and subsequently let go. Lisa and Ken do not tolerate anyone that may be abusive to their staff or to patrons.” As the lawsuit continues, we will see whether the numerous allegations against Vanderpump are true. Based on our firm’s extensive experience and research, we have seen an unfortunate trend in the restaurant industry of not properly paying employees the minimum wage or overtime wages. These violations are illegal, and employees who have not been correctly paid can sue to recover their proper wages. Restaurant employees who think their employer has violated the law should seek advice from an experienced employment attorney. \\nSeek Legal Assistance Today\\nIf you have not been paid your rightfully earned wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Lisa Vanderpump, a star on Bravo’s “Real Housewives of Beverly Hills” and “Vanderpump Rules,” is faced with a class-action lawsuit from her former employees. Vanderpump employs a number of workers at the restaurants she owns in West Hollywood, including SUR, Villa Blanca, Tom Tom, and Pump. She and her husband have owned a total of&hellip;</p>\\n"},{"id":8488,"path":"/blog/pinterest-cuts-contractor-pay-during-the-holidays","slug":"pinterest-cuts-contractor-pay-during-the-holidays","modified":"2020-01-11T17:37:31","title":"Pinterest Cuts Contractor Pay During the Holidays","content":"Most companies are reluctant to reduce benefits or pay during the holiday season because it gives them a negative reputation. Thus, it surprised many that Pinterest decided to cut-back benefits for the company’s most vulnerable workers, contractors, in the month of December. Pinterest has typically given both full-time employees and contractors the week between Christmas and New Year’s Day as paid time off. This is the first year that Pinterest changed that policy for its contractors who are primarily the company’s culinary and maintenance staff. Contract workers were still allowed to take the week off, but they were only paid for Christmas and New Year’s Day. \\nThe contractors were compensated with a new holiday bonus that was far less than a week’s pay. Pinterest offered extra work shifts for employees who needed the money, pulling them away from their families during the holiday week. Ironically, full-time Pinterest employees with higher salaries were paid for the week-long holiday vacation, while contractors who most likely rely on the paid time-off to afford Christmas presents or basic necessities were docked this perk. Unfortunately, Pinterest also plans to eliminate more than half of its San Francisco office’s maintenance positions by switching vendors in the coming months. The company says that contractors who lose their jobs can apply to positions in the vendor’s different locations. \\nPinterest Targets its Most Vulnerable Workers \\nIn a statement to the Verge, a Pinterest spokesperson said, ”contractors at Pinterest are an integral part of our team and we work hard to make sure they are compensated accordingly.” It’s logical for companies to cut costs when they are performing poorly. Pinterest has never generated a net profit and its stock plunged by 21% in its most recent quarter, below the price it initially sold for in its public offering. However, time and time again, large companies implement cost-cutting initiatives that target the employees that are already struggling the most, contractors. \\nA Two-Tiered Caste System \\nFrom Google to Facebook and Pinterest, big companies have developed a shadow workforce of contractors, temps, and vendors to increase profits. Hiring contract employees can save companies millions of dollars because these temporary workers are not entitled to the same benefits as full-time employees like health insurance, 401k matching, paid time-off, and worker’s compensation. The disparate treatment of contractors and full-time employees has created a “two-tiered caste system” in Silicon Valley and beyond. Contractors have less job security, benefits, and lower salaries, but often perform nearly identical jobs as their full-time counterparts. \\nSeek Legal Assistance\\nIf your employer has misclassified you as a contractor, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Most companies are reluctant to reduce benefits or pay during the holiday season because it gives them a negative reputation. Thus, it surprised many that Pinterest decided to cut-back benefits for the company’s most vulnerable workers, contractors, in the month of December. Pinterest has typically given both full-time employees and contractors the week between Christmas&hellip;</p>\\n"},{"id":8483,"path":"/blog/federal-judge-praises-the-law-office-of-christopher-q-davis","slug":"federal-judge-praises-the-law-office-of-christopher-q-davis","modified":"2020-01-10T15:21:18","title":"Federal Judge Praises The Working Solutions Law Firm","content":"The following statements are recent testimonials from a federal judge on the high-quality work of the Working Solutions Law Firm:\\n\\nYou have an extremely high rate of contacting the class members and only one person opted\\nout, so that seems very positive.\\nAnd, you know, here the monies are quite substantial in light of the best possible recovery. You know, in a FLSA case, 75 cents on the dollar of your best estimate is a very good recovery for plaintiff when there’s risk.\\nThey’re getting a very good recovery and all of them are recovering.\\nThe work product on both sides was consistently good and you should pat yourselves on the\\nback because I can’t say that happens in every case….\\nCounsel is well informed.\\nI don’t want you to like go home and completely clap yourselves on the back again, but really\\nyour papers are much better than a lot of what I see.\\nSo, you know, that seems like it’s a very  it’s a reasonable fee for the ser  you know, high\\nquality services that they’re providing and will continue to provide.\\nThe papers that were submitted here show a good job. The fact that you got only the  you\\nonly have this one outstanding person whose mail wasn’t returned is very good.\\n\\nSeek Legal Assistance Today\\nAs the statements from the federal judge demonstrate, we are committed to delivering exceptional results for our clients. If you are seeking high-quality legal services, contact us today. The Working Solutions Law Firm, located in New York City, can assist you in a variety of employment law areas, such as wage &amp; hour, wrongful termination, discrimination, harassment, severance, and more. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The following statements are recent testimonials from a federal judge on the high-quality work of the Working Solutions Law Firm: &#8220;You have an extremely high rate of contacting the class members and only one person opted out, so that seems very positive.&#8221; &#8220;And, you know, here the monies are quite substantial in light of the&hellip;</p>\\n"},{"id":8480,"path":"/blog/what-are-the-5-most-common-fmla-violations","slug":"what-are-the-5-most-common-fmla-violations","modified":"2020-01-09T19:15:50","title":"What are the 5 Most Common FMLA Violations?","content":"The Family Medical Leave Act (FMLA) guarantees that certain employees have up to 12 weeks of unpaid leave every year with no threat of job loss in the event that they or their immediate family member is diagnosed with a specific medical condition. For example, some situations in which employees are eligible include the birth or adoption of a child; the need to care for one’s spouse, child, or parent with a serious health condition; the need to receive medical attention for one’s own health condition; or the need to care for an immediate family member who obtained a serious injury during their service in the military. Although FMLA has been around for 20 years, these 5 violations are still prevalent amongst employers. \\n1) Failing to Recognize an FMLA Request \\nEmployees do not have to directly ask for “FMLA leave” or any other legal synonym in order to qualify for FMLA. Employees must only give enough information for the employer to know that their leave would be covered by FMLA. For example, an employer must realize that an employee who asks to care for a newborn child is covered by job-protected FMLA leave. In other words, it is the employer’s burden to recognize that an employee is entitled to FMLA leave.\\n2) Confusing FMLA Leave with Working from Home \\nFMLA strictly prohibits your employer from asking you to complete any work while on leave. While some employers hesitate to have any communication with their employees at all, communications regarding updates with the employee are allowed and encouraged.\\n3) Not Handling Employee Benefits Properly \\nEmployers must maintain employee health insurance while they are one leave, but they can require employees to contribute. Any benefits that an employee accrued prior to or during leave must also be continued. This includes seniority, perfect attendance, or automatic cost of living increases. While certain benefits like life insurance can be paused during FMLA leave, they must be immediately reinstated upon the employee’s return. \\n4) Counting FMLA Leave Days as Absences \\nFamily medical leave cannot be used against employees in performance reviews. They also cannot be counted towards a predetermined amount of absences that, if exceeded, results in disciplinary action. As mentioned, bonuses or rewards for perfect attendance cannot be withheld due to FMLA leave. \\n5) Reinstating an Employee to a Lesser Position \\nEmployees who return from family medical leave must be reinstated to their identical or equivalent positions. In other words, their positions must have the same benefits, salary, duties, worksite, etc. Employees must be reinstated to their identical or equivalent job on the day that they return to work as long as they gave their employer two business days’ notice. \\nSeek Legal Assistance \\nIf your employer is violating your right to FMLA leave, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>The Family Medical Leave Act (FMLA) guarantees that certain employees have up to 12 weeks of unpaid leave every year with no threat of job loss in the event that they or their immediate family member is diagnosed with a specific medical condition. For example, some situations in which employees are eligible include the birth&hellip;</p>\\n"},{"id":8477,"path":"/blog/four-law-students-claim-pregnancy-discrimination","slug":"four-law-students-claim-pregnancy-discrimination","modified":"2020-01-05T23:37:05","title":"Four Law Students Claim Pregnancy Discrimination","content":"Being a law student is a difficult undertaking for anyone, let alone someone who is pregnant. Unfortunately, four law students are claiming that their university is making this situation even more difficult by committing pregnancy discrimination. They claim that their law school, the Belmont University College of Law, refused to make reasonable accommodations to their attendance policy for pregnant students. Generally, eligible employers must make reasonable accommodations for pregnant employees, similar to those granted for an employee with a temporary disability. \\nHow Did the Law School Discriminate?\\nOne student, Juliana Lamar, said that after she had an emergency C-section, she felt pressure to return to class before she could even pick up her textbooks and drive herself to campus. Another law student, Cecilia Young, was refused excused absences when she was diagnosed with a life-threatening condition and hospitalized after giving birth. These students argue that the law school should have provided reasonable accommodations to pregnant students like how they would with a student who has a serious illness. The law school argues that it needed to strictly maintain its attendance policy, which requires that students cannot miss more than 15% of classes in order to receive credit for a certain course. \\nThe Law School Responds\\nBelmont University officials argue that what the women were actually requesting were exceptions to the attendance policy and not medical accommodations. The University argues that, instead of modifying the policy altogether, they will work with individual pregnant students on a case by case basis. However, after the increased complaints from current and former pregnant law students about pregnancy discrimination, Belmont University has agreed to support an independent investigation by the University’s Title IX office. The school released an additional statement saying, “We commit to all current and future pregnant students that we will assist them in navigating through law study while also taking into careful consideration their personal health circumstances.”\\nHow to Spot Pregnancy Discrimination in the Workplace\\nIn addition to academic environments, pregnancy discrimination all too often occurs in the workplace. This type of discrimination occurs when a woman is treated unfavorably because of pregnancy, childbirth, or a medical condition related to either pregnancy or childbirth. The Pregnancy Discrimination Act forbids discrimination based on pregnancy regarding any aspect of employment, including but not limited to pay, hiring, job responsibilities, and promotions. Additionally, pregnancy discrimination can occur when an employee is denied temporary reasonable accommodations that she needs during pregnancy or recovery from childbirth. If you have experienced pregnancy discrimination, you should speak to an experienced employment attorney.\\n \\nSeek Legal Assistance Today\\nIf you have experienced pregnancy discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Being a law student is a difficult undertaking for anyone, let alone someone who is pregnant. Unfortunately, four law students are claiming that their university is making this situation even more difficult by committing pregnancy discrimination. They claim that their law school, the Belmont University College of Law, refused to make reasonable accommodations to their&hellip;</p>\\n"},{"id":8474,"path":"/blog/more-than-2000-google-food-service-workers-unionize","slug":"more-than-2000-google-food-service-workers-unionize","modified":"2020-01-03T19:52:07","title":"More than 2,000 Google Food Service Workers Unionize","content":"2,300 Google contractors in the San Francisco Bay Area including Google’s Mountain View headquarters voted to unionize last month after a two-year organization effort. This is one of the most significant examples of union activity in the tech industry and Google. Challenged by escalating labor unrest, Google has become notoriously anti-union. Google was accused of attempting to cancel an employee-led unionization meeting in its largest European office this past October. In November, Google hired IRI consultants, an anti-union consulting firm, to hinder growing employee activism, organization, and unionization efforts. Perhaps the most recent unionization effort was successful because it was largely undetected by Google’s management. \\nGoogle and its Shadow Workforce \\nAccording to an article in Recode, the 2,300 unionized contractors consist of dishwashers and food preparers who serve all three meals to Google employees – one of the many perks of being a Googler. Like most of Google’s “shadow workforce” of temps, vendors, and contractors (TVCs), the cafeteria workers claim that they are overworked, underpaid, and denied benefits given to Google’s full-time employees such as retirement and paid vacation time. While full-time Googlers are paid a median of $128,000, these cafeteria contractors who are technically employed by the world’s largest multinational food service company, Compass Group, are paid around $35,000. \\nGoogle Accepts Unite Here \\nThe cafeteria workers organized through the union, Unite Here, which represents 300,000 laborers in nine different industries across North America. Compass Group contractors at Google’s Seattle and New York offices have also elected for Unite Here’s representation. 500 food service workers organized through Unite Here at the Menlo Park Facebook campus in 2017, another notable example of Silicon Valley unionization. Both Compass Group and Google have welcomed Unite Here’s representation. Google stated: “We work with lots of partners, many of which have unionized workforces and many of which don’t. We’ll continue to partner with Compass.”\\nSilicon Valley’s Income Inequality Problem\\nAs income inequality continues to grow in Silicon Valley, more employees are unionizing to demand higher salaries to meet the rising standard of living. There are about 5,000 food service workers in this global tech center, many of whom are people of color or immigrants. After adjusting for inflation, nine out of ten workers in the Silicon Valley region are actually making far less money than they did in 1997. The valley’s middle class has suffered while tech workers’ incomes have increased by up to 38%. The skyrocketing housing prices and costs of living in areas surrounding tech giants’ campuses have made it difficult for middle-class workers to continue to live in their neighborhoods. As a result, thousands of Bay Area locals and some Google contractors live in RV camps outside of Google’s headquarters. The recent unionization of Google’s food service workers could be an important step towards challenging the region’s economic disparities. \\nSeek Legal Assistance \\nIf you are a victim of employer retaliation, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>2,300 Google contractors in the San Francisco Bay Area including Google’s Mountain View headquarters voted to unionize last month after a two-year organization effort.  This is one of the most significant examples of union activity in the tech industry and Google. Challenged by escalating labor unrest, Google has become notoriously anti-union. Google was accused of&hellip;</p>\\n"},{"id":8470,"path":"/blog/what-to-do-when-faced-with-age-discrimination","slug":"what-to-do-when-faced-with-age-discrimination","modified":"2019-12-31T16:27:16","title":"What To Do When Faced With Age Discrimination","content":"Age discrimination occurs when an employee or job applicant who is 40 or older is treated less favorably on the basis of how old he or she is. Age discrimination laws prevent employers from discriminating in any aspect of employment. For example, employers cannot discriminate in hiring, firing, pay, promotions, layoffs, and more. The number of age discrimination claims in the United States is rapidly increasing. In 2017, the number of EEOC age discrimination charges filed by workers over 65 doubled from 1990. This type of discrimination can be an extremely hurtful experience. Instead of valuing your added experience and wisdom, employers wrongfully look down on you because of how old you are. Keep reading to find out what you should do when faced with age discrimination in the workplace. \\nGo To Human Resources\\nWhen filing an age discrimination claim, it’s important to have evidence in writing of your experience. Your legal claim will be stronger if you have a written record of discriminatory practices in your workplace. So, send a written complaint to human resources explaining why you feel discriminated against. Make sure to also keep a copy of your complaint for yourself. \\nFile an Age Discrimination Claim In Time\\nNew York has a limit on when you can file an age discrimination claim. You must file this type of legal claim within 300 days of the last act of discrimination. Before filing such a claim, you ought to speak with an experienced employment attorney to determine the strength of your discrimination case. \\nDon’t Be Afraid of Retaliation\\nIf you accuse your employer of age discrimination, you may get an angry response. Fear of your employer lashing out at you should not prevent you from proceeding with your discrimination claim. If your employer terminates you for bringing up discriminatory practices, you could have another legal claim. Retaliation law prevents employers from punishing employees for asserting their legal right to be free from discrimination in the workplace.\\nKnow Your State’s Age Discrimination Laws\\nIn addition to federal law, many states have individual laws surrounding the issue of age discrimination. The laws in your state will determine what exactly you can sue for. For example, in the state of New York, you can sue for back pay and emotional distress during an age discrimination case. State laws vary, so if you are unsure of your rights, speak to an experienced employment attorney.\\nSeek Legal Assistance\\nIf you have experienced age discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Age discrimination occurs when an employee or job applicant who is 40 or older is treated less favorably on the basis of how old he or she is. Age discrimination laws prevent employers from discriminating in any aspect of employment. For example, employers cannot discriminate in hiring, firing, pay, promotions, layoffs, and more. The number&hellip;</p>\\n"},{"id":8465,"path":"/blog/new-york-law-gives-benefits-to-uber-and-lyft-drivers","slug":"new-york-law-gives-benefits-to-uber-and-lyft-drivers","modified":"2019-12-29T21:31:51","title":"New York Law Gives Benefits To Uber and Lyft Drivers","content":"New York Governor Andrew Cuomo recently signed a bill that will provide benefits to Uber and Lyft drivers. This new law is called the “Black Car Fund,” and it is the first of its kind in the nation. The fund includes several perks for drivers and their families, such as a death benefit for the families of drivers killed on the road. Additional benefits for Uber and Lyft drivers include complimentary flu shots, workers’ compensation, accident assistance, prescription discount cards, paid driver classes, mental health services, legal aid, major medical assistance, and dental discounts. This new law could set an important precedent of providing workers’ benefits to gig economy employees across other similar platforms, such as Instacart and TaskRabbit.\\nNew Yorkers Praise Law Granting Benefits to Drivers\\nSome New Yorkers have shown their support for this new law, saying that the state has a duty to treat its drivers better. Because this law is the first of its kind, many argue that New York is setting an example that the rest of the country should follow. Brendan Sexton, an executive director of Independent Drivers Guild, said “It’s a great day for New York’s hard working professional drivers . . . New York has been the nation’s trailblazer in providing crucial benefits and protections for professional drivers, and this new law allows our state to lead the nation and expand on that success.” Over time, we may see these employee benefits provided to other gig economy workers across other states. \\nHow Benefits Help Workers Succeed\\nOffering benefits to your employees shows that you care about their wellbeing and future, but it also may improve business outcomes. There are positive correlations between offering benefits and a wide range of employee success measurements. Research demonstrates that when employees feel satisfied in this area, theyre more productive. Employees who are satisfied with their benefits also miss fewer workdays, are less likely to quit, and have a higher commitment to meeting the companys objectives. The kinds of benefits desired should be taken into consideration. For example, almost one third of employees report that educational assistance from their employer is “very important” to their overall job satisfaction. It makes sense that a benefit deficit would negatively impact productivity. If employees are worried about medical and financial issues, they’re more likely to be distracted at work. Additionally, a lack of benefits can prevent great potential employees from even applying for a position.\\nSeek Legal Assistance Today\\nIf you have not received your rightfully earned work benefits, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>New York Governor Andrew Cuomo recently signed a bill that will provide benefits to Uber and Lyft drivers. This new law is called the “Black Car Fund,” and it is the first of its kind in the nation. The fund includes several perks for drivers and their families, such as a death benefit for the&hellip;</p>\\n"},{"id":8461,"path":"/blog/google-fires-another-transgender-employee-activist","slug":"google-fires-another-transgender-employee-activist","modified":"2019-12-28T21:12:19","title":"Google Fires Another Transgender Employee-Activist","content":"A 21-year old transgender Google employee named Kathryn Spiers was suspended from her position as a security engineer on November 21st and terminated on December 13th. She was fired because she published code that created a pop-up notification any time an employee visited the website of IRI consultants, an anti-union consulting firm hired by Google. The notification was only visible to Google employees and it read, “Googlers have the right to participate in protected concerted activities.” Spiers developed the notification to give her coworkers a “reminder of their rights” after four employee-activists were fired during Thanksgiving week, days after Google hired IRI consultants. Three of the five worker-activists that were terminated are transgender women and one identifies as LGBTQ. According to Spier, “that is either an unbelievable coincidence or Google is targeting the most vulnerable.” Spiers claims that employees have never been punished for sharing activist-related company-wide notifications in the past, instead, they were always “a celebrated part of the culture.” \\nThe Allegations Against Google \\nSpier claims that she was subjected to three “extremely aggressive” interrogations before her suspension in which she was repeatedly asked if she had any intention to “disrupt the workplace.” She was denied consultations with attorneys throughout this process. “I believe Google has overreacted in an egregious, illegal and discriminatory manner,” Spier says. Spier and the other four fired employees have filed complaints with the National Labor Relations Board (NLRB) for illegal retaliation. In response, a Google spokeswoman has stated that “ no one has been dismissed for raising concerns or debating the company’s activities.” Google has insisted that the terminations were prompted by the workers’ breaches of Google’s data security policies and abuses of their employee privileges. \\nEscalating Tensions\\nGoogle was once known for having an exceptionally transparent and progressive company culture but for the past two years the tech giant has faced labor unrest over internal controversies. Its employees have become more organized, vocal, and engaged in activism. For example, Googlers signed petitions urging the company to adopt an aggressive climate plan, demanding it not to support US agencies involved in immigrant detention, and condemning it for its treatment of temps, vendors, and contractors also known as its “shadow workforce.” In 2018, Googlers across the world participated in a walkout to protest incidents of sexual harassment, racism, and gender inequality. More recently, employees have accused Google of installing a surveillance tool to prevent worker organization or unionization. Google’s collaboration with IRI consultants suggests that the company will be cracking down on worker organizing and activism going forward. \\nSeek Legal Assistance \\nIf you are a victim of employer retaliation, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win","excerpt":"<p>A 21-year old transgender Google employee named Kathryn Spiers was suspended from her position as a security engineer on November 21st and terminated on December 13th.  She was fired because she published code that created a pop-up notification any time an employee visited the website of IRI consultants, an anti-union consulting firm hired by Google. &hellip;</p>\\n"},{"id":8458,"path":"/blog/pregnancy-discrimination-faq","slug":"pregnancy-discrimination-faq","modified":"2019-12-26T20:58:40","title":"Pregnancy Discrimination FAQ","content":"Pregnancy discrimination occurs when female job applicants or employees are treated less favorably on the basis of pregnancy, childbirth, or medical complications related to pregnancy or childbirth. The law protects women from pregnancy discrimination in all aspects of employment, such as hiring, firing, pay, and promotions. Under the law, employers must treat pregnant employees in the same way that they do with temporarily disabled employees. This usually means providing reasonable accommodations at work. Below are some of the most common questions female employees have about pregnancy discrimination. \\nCan My Employer Prevent Me From Working While Pregnant?\\nAs long as you are able to still perform the essential functions of your job, an employer cannot force you to take a certain amount of leave while pregnant. Even if the employer believes that medical leave is in the employee’s best interest, it’s illegal for him or her to prevent a pregnant employee from working. Additionally, following the birth of your child, an employer cannot have a mandated period of time that you must wait until returning to work. \\nDo I Have To Tell My Employer About My Pregnancy?\\nOf course, once you start showing, your employer will be able to tell that you are pregnant. However, prior to showing, the choice as to whether you tell your employer that you’re pregnant is entirely up to you. However, if your pregnancy is preventing you from performing certain tasks at work, you should ask for a reasonable accommodation for the duration of your pregnancy. \\nCan You Get Fired For Being Pregnant?\\nIt’s illegal for your employer to fire you for being pregnant. The law also protects mothers after they have given birth. For example, your employer must accommodate pregnancy-related needs after childbirth. For some women, this accommodation is periodic breaks for lactation. If your employer fires you for a similar accommodation after you give birth, you may have a legal claim.\\nAm I Entitled To Maternity Leave Under The Law? \\nThe Family and Medical Leave Act (FMLA) covers pregnant women in the workplace. Under this law, new mothers are entitled to take up to twelve weeks of unpaid maternity leave after the birth or adoption of a new child. When you return to work, your employer must allow you to continue working in the same job that you had before maternity leave. Additionally, you must be entitled to the same benefits and entitlements you had before leaving. If your employer violates these rules, you may have a legal claim.\\nSeek Legal Assistance\\nIf you have experienced pregnancy discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Pregnancy discrimination occurs when female job applicants or employees are treated less favorably on the basis of pregnancy, childbirth, or medical complications related to pregnancy or childbirth. The law protects women from pregnancy discrimination in all aspects of employment, such as hiring, firing, pay, and promotions. Under the law, employers must treat pregnant employees in&hellip;</p>\\n"},{"id":8454,"path":"/blog/can-i-still-get-my-bonus-after-being-terminated","slug":"can-i-still-get-my-bonus-after-being-terminated","modified":"2023-10-24T14:40:35","title":"Can I Still get my Bonus After Being Terminated?","content":"Bonuses are incentives throughout all industries, but they are particularly popular throughout the financial industry. For many financial industry employees, a performance bonus, also referred to as “incentive compensation” or “discretionary bonus,” is a major component of their yearly compensation. These bonuses are paid at the end of the calendar year and often amount to more money than an employee’s base salary. Financial bonuses are calculated using a formula that takes the employee’s yearly profit generation into account. When employees are terminated or resign before receiving their promised bonus, employers will often refuse to pay it. While companies argue that bonuses are at their discretion, courts have repeatedly sided with employees who say that bonuses can be equated to unpaid wages.\\nLegal Background&nbsp; and Precedent&nbsp;\\nThe Fair Labor Standards Act and state wage laws determine whether or not financial employees are entitled to their incentive compensation.&nbsp; In some cases, bonuses are considered a gratuity or benefit, while in other cases, bonuses qualify as “wages” because they are annually given to employees. In the state of New York, even an oral pay agreement made at the beginning of an employee’s career is enforceable. After all, on Wall Street, “its all done by a handshake. Your word is your bond.”&nbsp;&nbsp;\\nWhen You Can Get Your Bonus&nbsp;\\nLitigation surrounding these disputes has confirmed the following criteria for when an employee is entitled to a bonus after termination or resignation.\\n\\nWhen an employee has reasonably anticipated a bonus of a predetermined amount.&nbsp;\\nWhen an employee’s overall salary package was designed to emphasize performance pay over salary, so bonuses were an integral part of their compensation.&nbsp;\\nWhen the bonus was measurable and reliant upon individual performance quotas that were satisfied before termination.\\nWhen the bonus was paid to most other employees.\\n\\nWhen You Can’t Get Your Bonus&nbsp;\\nOn the other hand, there are many instances in which employees are not entitled to bonus pay after termination or resignation.\\n\\nWhen bonuses are based on the discretion of managers, rather than on a performance-based formula.&nbsp;\\nWhen bonuses are not a significant portion of an employee’s yearly pay.\\nWhen bonuses are gratuitous, or not a regular form of compensation.&nbsp; A bonus only qualifies as an implied employee-employer contract when it is an annual payment.\\nWhen an employer has clearly prohibited extra payments to terminated or resigned employees.&nbsp;\\nWhen bonuses were just introduced prior to the employee’s termination, so it was not always expected.\\nWhen performance criteria that entitled one to a bonus have not been satisfied.&nbsp;\\n\\nSeek Legal Assistance&nbsp;\\nIf you’ve been terminated and your employer will not pay your yearly bonus, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.&nbsp;","excerpt":"<p>Bonuses are incentives throughout all industries, but they are particularly popular throughout the financial industry. For many financial industry employees, a performance bonus, also referred to as “incentive compensation” or “discretionary bonus,” is a major component of their yearly compensation.&nbsp; These bonuses are paid at the end of the calendar year and often amount to&hellip;</p>\\n"},{"id":8449,"path":"/blog/field-technician-sues-utiliquest-for-unpaid-wages","slug":"field-technician-sues-utiliquest-for-unpaid-wages","modified":"2019-12-23T15:15:52","title":"Field Technician Sues Utiliquest For Unpaid Wages","content":"A field technician recently filed a class action lawsuit against Utiliquest, a locating services provider in eighteen states including the District of Columbia. Utiliquest’s headquarters is in Georgia. In performing utility services, field technicians drove company vehicles from their homes to work sites each day. The Technician claims that he and many other employees were not paid for their travel time in vehicles owned by Utiliquest. Because the workers remained in Utiliquest’s strict control for this travel time, the field technician claims that he and other workers were denied their rightful minimum wage and overtime wage payments for this portion of their workday. \\nOther Violations Claimed Against Utiliquest\\nThe main field technician of the lawsuit claims that his employer owes him wages for roughly 10 hours per week. Additionally, he alleges that his employer unlawfully subtracted work time for meal and rest breaks when in reality workers were never permitted to take such breaks. If an employee works through his or her breaks, then wages must still be paid for this time. Therefore, this technician’s wage statements did not list the correct number of hours he worked. Another violation he alleges against Utiliquest is that employees were not properly reimbursed for business expenses related to their work. For example, employees paid for maintenance and cleaning services on company-owned vehicles. If the court finds these allegations true, then these employees will be awarded their rightfully earned wages and properly reimbursed for business expenses. \\nField Technicians Often Denied Overtime Wages\\nUtiliquest is not the only employer that has been accused of denying its field technicians overtime wages. An eligible employee should earn an overtime rate of time and a half their usual hourly rate for any hours worked over 40 in a given workweek. Hours worked may include travel time depending on your situation. Even if you agreed to not be paid overtime wages at some point, your employer is legally required to pay overtime under the Fair Labor Standard Act. Your employer cannot make a “special deal” with you to not pay overtime. If you are not sure whether your employer owes you overtime wages, you should speak to an experienced employment attorney. In the meantime, you should keep track of all hours worked and any hours worked in excess of 40 for which you are not paid overtime. With detailed records, an employment attorney can assist you to file a legal claim to recover your rightfully earned wages. \\nSeek Legal Assistance Today\\nIf you have not been paid your rightfully earned minimum or overtime wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A field technician recently filed a class action lawsuit against Utiliquest, a locating services provider in eighteen states including the District of Columbia. Utiliquest’s headquarters is in Georgia. In performing utility services, field technicians drove company vehicles from their homes to work sites each day. The Technician claims that he and many other employees were&hellip;</p>\\n"},{"id":8444,"path":"/blog/new-office-space","slug":"new-office-space","modified":"2019-12-19T00:02:13","title":"New Office Space","content":"Check out our new office space! Employment lawyers in NYC. Free consult at workingsolutionsnyc.com!","excerpt":"<p>Check out our new office space! Employment lawyers in NYC. Free consult at workingsolutionsnyc.com!</p>\\n"},{"id":8437,"path":"/blog/paratransit-drivers-are-entitled-to-overtime-pay","slug":"paratransit-drivers-are-entitled-to-overtime-pay","modified":"2019-12-14T14:49:37","title":"Paratransit Drivers are Entitled to Overtime Pay","content":"Much to contrary belief, most paratransit drivers are entitled to overtime pay according to the Fair Labor Standards Act. Paratransit drivers transport disabled and elderly passengers on buses. They pick up and drop off people with mobility problems, help them board and exit vehicles, and secure equipment like wheelchairs before driving. Time and time again, bus companies unknowingly or deliberately misclassify paratransit drivers to circumvent overtime compensation laws. \\nParatransit Drivers Routinely Misclassified \\nOne way that bus companies make paratransit drivers overtime-exempt is through the FLSA’s Motor Carrier Exemption. The Motor Carrier exemption only applies to (a) those involved in “safety-affecting activities on a motor vehicle” (b) “used in transportation on public highways in interstate or foreign commerce.” In other words, only drivers who cross state borders during their routes qualify for the Motor Carrier exemption. Unlike commercial truck drivers who travel 2,000 to 3,000 miles a week, paratransit drivers are typically never asked to make interstate trips. They transport mobility-impaired people to doctor’s appointments, grocery stores, shops, and other local destinations. Nevertheless, bus companies continue to deny them time-and-one-half for hours worked over 40 to save money. \\nOther transportation companies have misclassified their paratransit drivers as independent contractors rather than employees to avoid paying overtime compensation. Independent contractors do not qualify for many of the FLSA’s protections such as overtime, family and medical leave, safe working environments, and unemployment insurance. The Department of Labor outlines provides a helpful outline of what makes you an employee here, to help you discern if you are misclassified as an independent contractor. \\nParatransit Drivers Sue for Unpaid Wages\\nParatransit drivers have filed countless lawsuits against their employers to demand their rightful overtime compensation. One critical case involving a transportation company’s inappropriate use of the Motor Carrier exemption is Dauphin v. Chestnut Ridge Transportation., Inc. In this case, the judge states that whether or not an employee qualifies for Motor Carrier exemption depends on whether their “interstate travel constitutes a ‘natural, integral and . . . inseparable part’ of the employees duties, such that any employee is likely to be called on to perform interstate travel.” If cross-state trips are a “regular and expected” part of a driver’s position, they are immediately overtime-exempt regardless of the frequency of out of state travel. In contrast, If interstate travel is not a natural or significant part of the job, drivers are entitled to overtime pay. In 2018, five paratransit drivers received $160,000 in a settlement with Transdev services transportation for similar claims. The drivers worked 15-hour shifts but were not paid overtime because they were classified as contractors. The judge ultimately found that this was a misclassification due to the “permanence in their working relationship” with Transdev. These cases show that it is possible for paratransit drivers to hold their employers accountable for overtime theft. \\nSeek Legal Assistance Today\\nIf you are a paratransit driver that has been denied your rightful overtime wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Much to contrary belief, most paratransit drivers are entitled to overtime pay according to the Fair Labor Standards Act.  Paratransit drivers transport disabled and elderly passengers on buses.  They pick up and drop off people with mobility problems, help them board and exit vehicles, and secure equipment like wheelchairs before driving.  Time and time again,&hellip;</p>\\n"},{"id":8433,"path":"/blog/new-york-proposes-new-law-affecting-gig-economy-workers","slug":"new-york-proposes-new-law-affecting-gig-economy-workers","modified":"2019-12-03T20:03:11","title":"New York Proposes New Law Affecting Gig Economy Workers","content":"New York lawmakers are considering whether to make it harder for gig workers to be classified as independent contractors. This proposed change would affect workers for popular companies like Uber and Lyft. If these workers were to become employees instead of independent contractors, they would receive new employment benefits and protections under the law. This proposal follows a similar law recently passed in California that forced many employers to reclassify gig independent contractors as employees. \\nLawmakers Explain Why Gig Workers Should Be Reclassified\\nDiane Savino, a New York State Senator, is the lawmaker who plans to introduce this bill. If passed, this bill would guarantee gig economy workers certain protections, such as workers’ compensation, unemployment benefits, overtime pay, minimum wage, and employer-covered payroll taxes. Advocates of the bill argue that, as our economy becomes more gig focused, it’s essential that this group of workers receives the same protections that other employees do under the law. \\nCuomo Passes Gig Reclassification Law\\nRecently, Governor Cuomo signed similar legislation into law, Assembly Bill 5. Gig employers like Uber, Lyft, DoorDash, and Instacart were fiercely opposed to the bill because it will make it much harder to classify gig workers as independent contractors. This change will require these employers to pay significantly more in taxes than they did previously. According to a Bloomberg analysis, Uber and Lyft’s costs per driver could increase by more than 20% with this employee classification change. Discussing the gig employee classification change, Governor Cuomo said, “more people should be considered employees because what has been happening is companies have been going out of their way to hire independent contractors to get out of those obligations.” Lobbyists on both sides of the issue continue to debate what protections New York gig workers should be entitled to. \\nDependent Worker Classification\\nInstead of classifying workers as either employees or independent contractors, we may soon have a new third option in New York. State Senator Marcos Crespo recently introduced a bill that would create a dependent worker classification. This category would include gig workers who provide services to a consumer through a private third party, such as Uber, TaskRabbit, and Instacart. This proposition is a middle ground approach that offers some increased protections for gig workers but still protects workers from some increased tax liabilities. If this bill passes, dependent workers could unionize, strike, have a minimum wage, earn overtime pay, and still have the flexibility to set their own work hours.\\nSeek Legal Assistance Today\\nIf you think you have been misclassified as an independent contractor, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>New York lawmakers are considering whether to make it harder for gig workers to be classified as independent contractors. This proposed change would affect workers for popular companies like Uber and Lyft. If these workers were to become employees instead of independent contractors, they would receive new employment benefits and protections under the law. This&hellip;</p>\\n"},{"id":8428,"path":"/blog/overtime-pay-update-1-3-million-more-americans-included","slug":"overtime-pay-update-1-3-million-more-americans-included","modified":"2019-11-30T15:32:43","title":"Overtime Pay Update: 1.3 Million More Americans Included","content":"According to the US Department of Labor, you could qualify for overtime pay if you earn less than $684 per week when its updated overtime exemption rule goes into effect on January 1, 2020. This past September, the DOL introduced the final earnings threshold for the FLSA’s administrative, executive, and professional employee overtime exemptions. These employee classifications encompass white-collar workers who receive a lucrative yearly salary rather than an hourly wage and exercise independent decision-making in their position. The new rule accounts for increases in employee earnings since they were last updated in 2004. The DOL projects that its new rule will entitle 1.3 million more Americans to overtime pay. \\nThe Department of Labor’s Final Overtime Rule \\nThe Fair Labor Standards Act states that employees are entitled to minimum wage pay (at least the federal minimum of $7.25) and overtime pay (time and one-half compensation for every hour worked beyond forty hours in a week). However, some employees are exempt from overtime compensation based on a salary and duties test. The duties that qualify an employee for exemption are divided into three categories: executive, administrative, and professional. Highly compensated employees that earn above a certain threshold are also immediately overtime-exempt if they fulfill at least one of the responsibilities of an executive, administrative, or professional worker. The January 2020 final rule amends the salary and duties tests for discerning overtime exemption in several ways.\\n\\nEmployees are now only exempt from overtime compensation if they are paid more than $684 a week or $35,568 annually. Previously, the salary threshold for exemption was $455 per week or $23,600 per year. \\nWorkers are considered “highly compensated” and overtime-exempt if they earn more than $107,432. The previous salary threshold was $100,000, but it was adjusted to equal the salary of the 80th percentile of full-time salaried employees. \\nEmployers can now count 10% of annual bonuses, incentive payments, and commissions towards the salary threshold for overtime exemption. \\nThe DOL also maintains several “special salary levels” for specific regions and industries. The exemption salary threshold will be $380 per week in America Samoa because its minimum wage is below that of the federal minimum wage. The exemption salary will be $455 per week in Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. Finally, employees in the motion picture producing industry have a special threshold salary of $1,043 per week. \\n\\nThe DOL promised to revise the exemption provisions more frequently at the end of its September 2019 update because “fixed earning thresholds become substantially less effective over time.” In light of the DOL’s changes, employers will have to decide whether to classify their employees as nonexempt or to raise their salaries to the new exemption level. \\nSeek Legal Assistance \\nIf you have been improperly classified as an overtime-exempt or nonexempt employee, contact the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>According to the US Department of Labor, you could qualify for overtime pay if you earn less than $684 per week when its updated overtime exemption rule goes into effect on January 1, 2020.  This past September, the DOL introduced the final earnings threshold for the FLSA’s administrative, executive, and professional employee overtime exemptions. These&hellip;</p>\\n"},{"id":8424,"path":"/blog/pregnancy-discrimination-on-the-rise","slug":"pregnancy-discrimination-on-the-rise","modified":"2019-11-29T21:19:34","title":"Pregnancy Discrimination On The Rise","content":"Pregnancy discrimination in the workplace occurs when a female employee or job applicant is treated less favorably due to pregnancy, childbirth, or medical complications arising from pregnancy or childbirth. The Pregnancy Discrimination Act of 1978 forbids employers from discriminating against pregnant women in the workplace. This discrimination ban includes all aspects of employment, including but not limited to, pay, layoffs, firing, hiring, and health insurance. From Walmart to Wall Street, this type of discrimination is rampant among America’s biggest industries.\\nIs Pregnancy A Disability Under The Law?\\nThe Pregnancy Discrimination Act requires employers to treat pregnant employees similar to temporarily disabled employees. When someone’s pregnancy or temporary disability interferes with job responsibilities, an employer must reasonably accommodate him or her. A few examples of reasonable accommodations include modified tasks, periodic breaks, alternative assignments, or disability leave. Certain medical complications associated with pregnancy and childbirth, such as gestational diabetes, may also call for disability leave under the Americans With Disabilities Act (ADA). If being pregnant is causing you hardship at work, you should ask your employer for a reasonable accommodation. It’s illegal for an employer to refuse you a reasonable accommodation due to pregnancy.\\nPregnancy Discrimination and the Wage Gap\\nThe gender wage gap between men and women might be better named the pregnancy wage gap. Men and women have fairly comparable salaries when they first enter the workforce in young adulthood. However, the wage gap takes a sharp increase around a woman’s late twenties and early thirties–when most women have children. The average wage gap between all men and women in the United States is roughly 80 cents for every dollar that men earn. However, a 2015 study found that childless, unmarried women earn 96 cents for every dollar a man earns. It is illegal to pay a woman less than other employees solely on the basis of whether she is pregnant. \\nPregnancy and The Hiring Process\\nIt’s illegal to refuse to hire a woman because she is pregnant as long as she can still perform the essential functions of a job. Certain inappropriate questions in a job interview may indicate that you are being discriminated against. For example, an interviewer may ask: what are your childcare plans? Do you have any other children? Do you plan to have more children? If you think you have been discriminated against for being pregnant during the hiring process you should seek the expertise of a legal professional. \\nSeek Legal Assistance\\nIf you have experienced pregnancy discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Pregnancy discrimination in the workplace occurs when a female employee or job applicant is treated less favorably due to pregnancy, childbirth, or medical complications arising from pregnancy or childbirth. The Pregnancy Discrimination Act of 1978 forbids employers from discriminating against pregnant women in the workplace. This discrimination ban includes all aspects of employment, including but&hellip;</p>\\n"},{"id":8144,"path":"/blog/do-transportation-employees-get-overtime","slug":"do-transportation-employees-get-overtime","modified":"2019-11-26T20:53:44","title":"Do Transportation Employees Get Overtime?","content":"The Fair Labor Standards Act (FLSA) mandates employers to pay workers overtime (time and one-half) for all time worked over 40 hours in a workweek. However, there are a handful of exceptions where overtime laws do not apply to certain types of employees. These workers, known as “exempt” employees, are not entitled to overtime regardless of how many hours they work. The type of work you do and the amount of money that you get paid determines whether or not you are an exempt employee. There are “white collar” exemptions and job-specific exemptions. This includes employees in the transportation industry like airline employees, motor carriers, railroad employees, taxicab drivers, and local drivers and their helpers. \\nEmployer and Employee qualifications for the Motor Carrier exemption \\nExemption laws are highly complex, especially for motor carrier employers and employees. A qualifying motor carrier or private motor carrier employer under the Department of Transportation regulations provides commercial motor vehicle transportation for compensation. Qualifying motor carrier employees are mechanics, loaders, drivers, or driver’s helpers whose responsibilities affect the safety of vehicles involved in transportation on public highways. In order to qualify for exemption, these employees must contribute to interstate commerce and delivery. If they are not regularly involved in interstate commerce, they might still qualify for exemption if their employer is involved in interstate transportation or if they were expected to cross state boundaries at some point in their career. \\nTransportation Exemption Exceptions\\nThere are several exceptions to the motor carrier overtime exemption. \\n\\nIf the employee’s motor vehicle weighs less than 10,000 pounds, they do not qualify. This exemption does not apply if the small vehicle is used to transport 8 passengers, including the driver, for compensation. It also does not apply if the small vehicle is used to transport hazardous material. \\nIf the employee works for a non-carrier (independent garages, commercial garages, firms that maintain and repair motor vehicles owned and operated by carriers, or firms that lease and rent motor vehicles to carriers) they do not qualify. \\nIf the employee is not directly involved in ensuring the safety of motor vehicles on a regular basis, they do not qualify. This means that an individual who is responsible for moving equipment around the warehouse but does not actually load any trucksdoes not qualify as exempt.\\n\\nIf employees don’t qualify for even a single stipulation of the motor carrier exemption requirements, they might be entitled to overtime compensation. While the FLSA is a federal law, remember that states also have rules governing minimum wage and overtime for certain employees. \\nSeek Legal Assistance \\nIf you have been misclassified as an exempt employee in the transportation industry, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Fair Labor Standards Act (FLSA) mandates employers to pay workers overtime (time and one-half) for all time worked over 40 hours in a workweek.  However, there are a handful of exceptions where overtime laws do not apply to certain types of employees. These workers, known as “exempt” employees, are not entitled to overtime regardless&hellip;</p>\\n"},{"id":8414,"path":"/blog/2500-san-diego-employees-sue-city-for-overtime-wages","slug":"2500-san-diego-employees-sue-city-for-overtime-wages","modified":"2019-11-22T15:41:13","title":"2,500 San Diego Employees Sue City For Overtime Wages","content":"Over 2,500 employees of the City of San Diego are suing their employer for unpaid overtime wages. The city miscalculated overtime rates because the city gives all employees a cash payment to pay for health insurance. A federal court ruled that these payments should be included in an employee’s regular salary when determining their overtime rates. Therefore, when calculating overtime rates, employers can no longer use the usual hourly rate of pay multiplied by one and a half method. Now, employers must include the health insurance cash payments and multiply that figure by one and a half.\\nDoes San Diego Have Bad Intentions?\\nOne of the lawyers representing the San Diego firefighters stated that he doesn’t believe the city had bad intentions when it miscalculated overtime pay rates. “I don’t believe it’s any intentional misconduct . . . It wasn’t the city saying ‘We’re going to underpay these people and hope we don’t get caught.’” Federal law requires firefighters to work over 56 hours in a week to be eligible for overtime pay, instead of the usual 40-hour requirement for other employees. In addition to the firefighters, other plaintiffs who are affected by the miscalculation include police officers, blue collar workers, and white collar workers. Because the miscalculation affected so many employees across different sectors, it’s unlikely that the city was intentionally trying to pay workers less than their owed. However, even if an employer makes an innocent mistake when calculating overtime, it is still liable for all unpaid wages that employees have earned.\\nHow Much Will The City Have To Pay Back Its Employees?\\nFederal law allows employees to recover back pay for up to three years. However, this time limit is shortened to two years if the violation is not determined to have been “willful.” A lawyer representing the employees in this case doubts that the total back pay amount will reach into the millions. He estimated, “I would suspect a few hundred dollars to a few thousand dollars per member impacted, once we know which members were impacted.” The city miscalculated overtime rates at a fractionally lower level than they should have been computed. The next steps for the lawsuit are to gather all pertinent documents and have experts calculate the correct overtime rate for each employee and how much the city owes him or her. The local union has not yet signed on to the lawsuit because it is still analyzing the situation itself. \\nSeek Legal Assistance Today\\nIf you have not been paid your rightfully earned overtime wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Over 2,500 employees of the City of San Diego are suing their employer for unpaid overtime wages. The city miscalculated overtime rates because the city gives all employees a cash payment to pay for health insurance. A federal court ruled that these payments should be included in an employee’s regular salary when determining their overtime&hellip;</p>\\n"},{"id":8409,"path":"/blog/do-account-managers-get-overtime-pay","slug":"do-account-managers-get-overtime-pay","modified":"2019-11-21T21:31:00","title":"Do Account Managers get Overtime Pay?","content":"Account managers oversee the relationship between a company and its clients to foster long term business partnerships. They work at advertising, law, financial, government or retail companies. Account executives are the liaison between the client and a company’s other departments such as sales, graphics, and marketing. They streamline customer communications and advocate for the client’s long term and short term goals. Many employers misclassify Account Managers and Account Executives as overtime-exempt workers despite the fact that their primary duties and salaries entitle them to overtime compensation. As a result, Account Managers are routinely overworked and underpaid. \\nAccording to the Fair Labor Standards Act (FLSA), employees that receive less than $35,568 and do not perform “high-level work” with independent judgment are entitled to overtime compensation. In many cases, Account Managers fall under the FLSA’s administrative employee overtime exemption which encompasses workers that essentially “keep the business running.” To be classified as an administrative worker that does not receive overtime, an account manager must perform office work, management or business operations, and independent discretion on important matters to the business. In contrast, when an account manager’s primary duty is producing and providing support for the outside sales department then they qualify for the FLSA’s outside sales classification and are eligible for overtime pay. To be eligible for the outside sales exemption, an employee must primarily sell, make contracts for, or receive orders for goods or services at their clients’ place of business rather than via telephone, mail, or email.\\nKlein vs. Torrey Point Group, LLC (2013) \\nThe distinction between an overtime-exempt and nonexempt Account Manager is best described in the 2nd Circuit court case Klein vs. Torrey Point Group, LLC (2013). In this legal dispute, an Inside Account Manager, William Klein, sued his former employer, a software consulting firm, for failing to “make required overtime, severance, commission, and bonus payments” to him. Klein and his employer testified that Klein’s principal responsibility was providing sales support to a singular outside salesperson in the marketing department, but he also completed general tasks like customer communications and general logistics. Neither Klein nor his employer presented sufficient evidence for the court to discern whether or not sales activities comprised the majority of Klein’s professional responsibilities. \\nThe court explained that an account manager is entitled to overtime if he/she routinely and predominantly supports a singular outside salesperson without engaging in any other duties pertaining to general business operations. In contrast, an account manager mainly involved in “vendor relations, customer communications and support, and order logistics” would not qualify for overtime compensation because they would fall under the FLSA administrative overtime exemption. \\nSeek Legal Assistance \\nIf your employer has failed to pay you your rightful overtime compensation, the Working Solutions Law Firm, located in New York City, can help you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Account managers oversee the relationship between a company and its clients to foster long term business partnerships.  They work at advertising, law, financial, government or retail companies. Account executives are the liaison between the client and a company’s other departments such as sales, graphics, and marketing.  They streamline customer communications and advocate for the client’s&hellip;</p>\\n"},{"id":8405,"path":"/blog/merrill-lynch-settles-550k-overtime-lawsuit","slug":"merrill-lynch-settles-550k-overtime-lawsuit","modified":"2019-11-17T17:49:47","title":"Merrill Lynch Settles $550k Overtime Lawsuit","content":"Merrill Lynch recently settled a class action lawsuit from 51 employees who claimed to have never been paid overtime wages. The employees were responsible for reviewing broker emails. These compliance employees were allegedly misclassified as exempt from overtime. Therefore, they were never paid time and a half their usual rate when they worked any hours over 40. The employees were scheduled to work from 8:30 to 5:30, but they regularly worked longer hours and from home. Under the Fair Labor Standards Act, overtime eligible employees must earn an overtime rate of time and a half for any hours worked over 40 in a given workweek, even if those hours are worked from home.\\nLead Plaintiff’s Allegations Against Merrill Lynch\\nJenniffer Porter was the lead plaintiff in this case and an employee of Merrill Lynch for 17 years. She brought the class action claim in 2017 after she was terminated for “poor performance.” She alleged that her employer violated the Fair Labor Standards Act and New Jersey’s Wage and Hour Law when it refused to pay her and her fellow employees overtime wages. \\nMerrill Lynch Denies Responsibility\\nAlthough Merrill Lynch agreed to settle the suit for $550k, the company denied liability. They released a statement saying, “by reaching a mutually acceptable settlement prior to class and collective action certification briefing, depositions, dispositive motions, possibly a trial, and possibly appeals, the [p]arties have reduced their risks and avoided significant expense and delay.” Merrill Lynch claims that it did not improperly classify its employees because their job responsibilities elevated their position to the “administrative” and “professional” exemptions of the Fair Labor Standards Act for overtime wages. \\nEmployees of Similar Investment Organizations Should Be Aware\\nWith this large settlement underway, employees at similar organizations, such as Wells Fargo, Morgan Stanley, and UBS, should be aware that they might be misclassified. When our firm sees a large violation from one company, we’ve found that it’s not uncommon for companies in the same industry to make similar violations. Industry practices will illegally cut corners at the expense of their employers. Firms like ours will stand up to these employers and fight for employee rights that are guaranteed under the law. If you are misclassified and working more than 40 hours a week, you can take legal action to recover your rightfully earned wages and attorney’s fees. An experienced employment attorney can help you figure out whether or not you are misclassified. \\nSeek Legal Assistance Today\\nIf you think you are misclassified for overtime wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Merrill Lynch recently settled a class action lawsuit from 51 employees who claimed to have never been paid overtime wages. The employees were responsible for reviewing broker emails. These compliance employees were allegedly misclassified as exempt from overtime. Therefore, they were never paid time and a half their usual rate when they worked any hours&hellip;</p>\\n"},{"id":8401,"path":"/blog/age-discrimination-5-signs-to-know","slug":"age-discrimination-5-signs-to-know","modified":"2019-11-15T17:46:56","title":"Age Discrimination: 5 Signs To Know","content":"Age discrimination occurs when an employee or job candidate is treated less favorably on the basis of his or her age. The Age Discrimination in Employment Act (ADEA) outlaws age discrimination in the workplace. The ADEA protects workers who are aged 40 or older. Age discrimination can still occur when the discriminator is also over the age of 40. With Baby Boomers getting older, this type of discrimination is becoming more common than ever. 1 out of 5 workers between the ages of 45 and 74 say they have been turned down for a job because of their age. Discrimination can be extremely subtle or glaringly obvious. Check out our 5 signs of age discrimination below to learn about some of the most common ways older people experience discrimination in the workplace. \\n1. Layoffs\\nOf course, it’s legal for a company to lay off employees. However, if only older employees are laid off, you may have an age discrimination claim. Companies cannot legally discriminate against older employees by forcing them out in a layoff. \\n2. Comments About Age\\nDisparaging comments about someone’s age can be a sign of age discrimination. These types of comments can range from playful to hostile. For example, a manager may joke about an older worker’s slow typing speed. A supervisor may question when an older employee plans to retire. Or, a boss may aggressively tell an older worker that someone younger would do a better job. \\n3. Being Left Out of Company Activities\\nFeeling isolated from your coworkers and supervisors may be another sign of age discrimination, particularly if you felt included when you were younger. Ways you might be isolated at work include being left out of meetings, asked to work from home, or excluded from decision making. \\n4. Being Asked Or Encouraged to Retire\\nCompanies often offer attractive retirement packages to older employees in order to encourage them to retire. However, if you are not ready to retire, you do not have to accept these packages. Other companies try to enforce a mandatory retirement age. Generally, these mandates are illegal. There are a limited number of exceptions for jobs that require a significant amount of physical stamina, such as firefighting.\\n5. Hiring Younger Employees\\nIf your company seems to only be hiring younger employees, you may have an age discrimination claim. Many companies specifically try to hire younger job candidates because they mistakenly believe that younger employees will perform better. However, the opposite is often true. Older workers usually come with more experience and wisdom. Companies that commit discrimination miss out on the unique advantages that older employees bring to the workplace. \\n \\nSeek Legal Assistance\\nIf you have experienced age discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win. \\n&nbsp;","excerpt":"<p>Age discrimination occurs when an employee or job candidate is treated less favorably on the basis of his or her age. The Age Discrimination in Employment Act (ADEA) outlaws age discrimination in the workplace. The ADEA protects workers who are aged 40 or older. Age discrimination can still occur when the discriminator is also over&hellip;</p>\\n"},{"id":8397,"path":"/blog/5-things-to-ask-before-signing-a-non-compete-agreement","slug":"5-things-to-ask-before-signing-a-non-compete-agreement","modified":"2019-11-12T15:04:13","title":"5 Things to Ask Before Signing a Non-Compete Agreement","content":"A non-compete agreement is a contract that restricts an employee from working for a competitor during the employment period and for some time after its conclusion. It is typically presented to you on your first day of work, in a promotion offer, or alongside a severance package. Non-compete lawsuits have tripled since 2000–a fact that companies claim is only natural in an economy that is based on knowledge more than on manual labor. As a result, non-competes, which were once a policy only for high-level executives, have now stretched further down the corporate ladder to include 16-18% of all American workers.\\nExperts almost universally agree that non-competes have had a negative economic impact on states that allow them. They have led to lower wages and less innovation, entrepreneurship, and employment. Robert Ottinger, an employment lawyer, says that “you’re trapped” once you’ve signed a non-compete because your employer has taken away your greatest asset–years of acquired experience and skills. Many have compared these agreements to economic slavery. \\nAsk the Right Questions About your Non-Compete\\nWhile non-compete agreements could be valuable if they elicited employee-employer negotiations for more benefits and higher pay, most people don’t think twice before signing them. In fact, only 1 in 10 workers seek legal counsel to review their contracts. Due to the uncertainty, complexity, and gravity of these contracts, you should ask your employer the following five questions before signing any non-compete agreement. \\n\\nAsk who drafted the non-compete agreement. Your non-compete could be a one-size-fits-all internet download or the product of a lawyer’s careful preparation. If you’ve been presented with a standard online non-compete contract, discuss each stipulation with your employer to tailor it to your specific interests. \\nAsk where and to which companies the non-compete applies. It’s in your best interest to limit the non-compete’s geographic restriction as much as possible. It’s also important for your employer to be very specific about the companies you can and cannot work for.\\nAsk what your company’s real concerns are. Sometimes pinpointing your employer’s primary worries can help you narrow the scope of an agreement. \\nAsk about the duration of the non-compete agreement. It’s beneficial for you to negotiate a shorter non-compete period or try to limit the length of the non-compete to the weeks of severance your employer would give you in the event of termination. \\nAsk if you can receive a copy of the agreement in advance so that you can consult with legal counsel before signing it. Legal consultations can be low-cost and even save you money that would be lost if your employer sued you for breach of contract. \\n\\nSeek Legal Assistance \\nIf you have been presented with a non-compete agreement, the Working Solutions Law Firm, located in New York City, can help ensure that you are getting a fair deal. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A non-compete agreement is a contract that restricts an employee from working for a competitor during the employment period and for some time after its conclusion.  It is typically presented to you on your first day of work, in a promotion offer, or alongside a severance package. Non-compete lawsuits have tripled since 2000–a fact that&hellip;</p>\\n"},{"id":8393,"path":"/blog/live-in-superintendents-must-get-overtime-pay","slug":"live-in-superintendents-must-get-overtime-pay","modified":"2019-11-09T16:20:46","title":"Live-In Superintendents Must Get Overtime Pay","content":"The U.S. Department of Labor has recently stated that live-in superintendents must earn overtime wages from their employers according to federal law. These employees are advised to keep personal records of all hours worked. Live-in superintendents should earn time and a half their usual rate of pay for any hours worked over 40 in a given workweek. \\nConflicting federal and state laws\\nThere has been recent confusion on whether conflicting federal or state laws apply to live-in superintendents. Under New York’s state law, the Building Service Industry Minimum Wage Order, live-in superintendents are not required to be paid overtime. Under federal law, the Fair Labor Standards Act (FLSA), live-in superintendents must be paid overtime wages. Recently, the U.S. Department of Labor issued a statement that the federal law supersedes the state law. Therefore, even in New York, live in superintendents must earn overtime pay as federal law requires. \\n \\nCan My Employer Make A Different Overtime Deal With Me?\\nUsually, the answer is no. If you are covered under the FLSA, then your employer cannot bargain with you to pay less than the federally required overtime amount. Too often, employers illegally “cut a deal” with employees to avoid paying overtime rates. This practice is against the law, and you must be paid overtime wages if you are covered by the FLSA.\\nWhat Happens When Superintendents Aren’t Paid Overtime\\nUsually, if the employer has not kept a record of the superintendents hours worked, the employer is liable to the employee for any unpaid overtime wages the employee claims to have worked, plus double the amount in wages owed, and the employee’s attorneys’ fees. Therefore, it’s important that live-in superintendents keep detailed records of all hours worked in order to take legal action to regain unpaid wages. Generally, for an employee who resides on the employer’s premises, working hours do not constitute normal private endeavors on the premises, such as eating, sleeping, or other periods of complete freedom from all work duties. Another option is for the employer and employee to establish a “reasonable agreement” which determines what hours on the premises constitute hours worked. If you are unsure whether you qualify for overtime pay, you should speak to an experienced employment attorney. \\nNew York Wage Theft Prevention Act\\nAnother similar violation that live-in superintendents often face occurs under the New York Wage Theft Prevention Act. This violation occurs when the employer fails to provide a superintendent with a hiring notice that discloses certain required information, such as an hourly pay rate and overtime pay rate. Employers with overtime violations often commit NY wage theft violations as well. Under the New York Wage Theft Prevention Act, employers can be liable for up to $5,000 for each violation, depending on how long each violation lasts.\\nSeek Legal Assistance Today\\nIf you have not been paid your rightfully earned overtime wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n&nbsp;","excerpt":"<p>The U.S. Department of Labor has recently stated that live-in superintendents must earn overtime wages from their employers according to federal law. These employees are advised to keep personal records of all hours worked. Live-in superintendents should earn time and a half their usual rate of pay for any hours worked over 40 in a&hellip;</p>\\n"},{"id":8389,"path":"/blog/weworks-former-ceo-adam-neumann-accused-of-pregnancy-discrimination","slug":"weworks-former-ceo-adam-neumann-accused-of-pregnancy-discrimination","modified":"2019-11-04T18:48:49","title":"WeWork’s Former CEO, Adam Neumann, Accused of Pregnancy Discrimination","content":"The former CEO of a start-up company providing shared office spaces called WeWork has been accused of pregnancy discrimination by his former Chief of Staff, Medina Bardhi. Adam Neumann, the company’s “charismatic” and “highly impulsive” founder, was ousted from WeWork after a failed attempt to take it public this past September. Bardhi’s allegations in her federal complaint to the Equal Employment Opportunity Commission (EEOC) are not exceptional or isolated. Numerous court filings and accusations from female workers depict a company rampant with systemic gender and pregnancy discrimination. \\nThe Accusations against WeWork\\nBardhi claims that Neumann and WeWork’s other executives began treating her differently shortly after she announced her pregnancy in 2016. While she was hesitant to share this information in the first place, Bardhi says she feared for the health of her unborn child due to Neumann’s habit of smoking marijuana during chartered flights in enclosed cabins. She had to tell Neumann that she could no longer travel with him on business trips to avoid any possible health impacts on her child.\\nThe controversial CEO marginalized Bardhi for taking maternity leave, or what he referred to as “vacation” and “retirement.” Upon Bardhi’s temporary absence, she was replaced by a man who was compensated twice as much as her for performing the same job. When Bardhi returned from maternity she claims that she was demoted as her new responsibilities were vague and unclear. She wasn’t able to reclaim her old position for several months. Bardhi was replaced and demoted during her second pregnancy in 2018 as well. Finally, she was fired this past October, shortly after Neumann’s departure from the company, because there was “no longer a role for her.” Bardhi’s complaint contends that this was clearly a manifestation of the “the Company’s sustained discriminatory bias and retaliatory animus against her and other female employees who become pregnant, take maternity leave, and/or complain about gender-based discrimination.”\\nWeWork’s Systemic Gender Discrimination \\nBardhi’s complaint is one of many lawsuits accusing WeWork and Adam Neumann of discriminatory behavior. This past January, WeWork’s former Senior Vice President, Lisa Bridges, made a formal complaint alleging that she had been fired after providing evidence to WeWork’s executives that the company paid women far less than men. In 2018, WeWork’s Director of Culture alleged that she was sexually assaulted by two fellow employees at company-sponsored events. Both lawsuits are evidence, as they claim, of an “entitled, frat-boy culture that permeates WeWork from the top down.” The company’s culture is in direct contradiction to Neumann’s initial promises to create a gender-inclusive business that would “[bring] in the most talented women in the world at an early stage and … grow them all as leaders.”\\nSeek Legal Assistance Today \\nIf you are the victim of gender discrimination, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The former CEO of a start-up company providing shared office spaces called WeWork has been accused of pregnancy discrimination by his former Chief of Staff, Medina Bardhi.  Adam Neumann, the company’s “charismatic” and “highly impulsive” founder, was ousted from WeWork after a failed attempt to take it public this past September.  Bardhi’s allegations in her&hellip;</p>\\n"},{"id":8386,"path":"/blog/female-stock-analysts-compete-in-beauty-pageant-esque-ranking-system","slug":"female-stock-analysts-compete-in-beauty-pageant-esque-ranking-system","modified":"2019-11-01T20:25:30","title":"Female Stock Analysts Compete In Beauty Pageant-esque Ranking System","content":"Institutional Investor’s All-America Research Team ranks stock analysts annually. Many dismiss the ranking system as a popularity contest, but it has been known to make or break careers on Wall Street. 4,000 investment professionals are asked each year to rank their favorite equity analysts and research providers on Wall Street. A recent study analyzed whether there was gender bias and whether analysts were rewarded or penalized for their good looks. The findings reveal a pronounced gender bias based on beauty stereotyping disparities. \\nStudy On Gender Bias In Wall Street Ranking\\nBetween 2009 and 2018, female analysts never accounted for more than 13 percent of first-, second-, and third-ranked analysts. This particular disparity reflects the makeup of the industry at large, with men far outnumbering women. In fact, researchers found that women were more likely to be named all-star analysts than men, even controlling for experience and stock-picking skill. However, the study did find that women were more likely to be judged on their looks than the men. However, unlike an actual beauty contest, female analysts were penalized for their attractiveness, whereas physical appearance had no impact on the ranking of male analysts. Women who were in the top decile of facial attractiveness did not benefit from the 1.5 percent probability boost that other women had in being ranked. An author of the study, Hai Lu, said “The financial industry is so competitive, that if you have talent you should be rewarded . . . but stereotypes and bias exist in our society regardless of how competitive the industry is.”\\nGender Discrimination In The Workplace\\nThis study’s findings suggest biases that can translate into illegal discrimination. About four-in-ten employed women (42%) in the United States say that they have faced gender discrimination at work. This form of discrimination occurs when an employer treats an applicant or employee unfavorably on the basis of that persons sex. Gender discrimination is illegal regarding any aspect of employment, including hiring, firing, pay, job assignments, promotions, training, and more. The gender discrimination that women face includes different subsets, such as sexual harassment and pregnancy discrimination. The Supreme Court is currently considering whether to also include transgender discrimination as an element of sex discrimination. If you think you have experienced illegal discrimination at work, you should speak to an experienced employment attorney to learn about your rights and protections under the law. \\nSeek Legal Assistance Today\\nIf you have experienced gender discrimination at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Institutional Investor’s All-America Research Team ranks stock analysts annually. Many dismiss the ranking system as a popularity contest, but it has been known to make or break careers on Wall Street. 4,000 investment professionals are asked each year to rank their favorite equity analysts and research providers on Wall Street. A recent study analyzed whether&hellip;</p>\\n"},{"id":8382,"path":"/blog/is-google-spying-on-its-own-employees","slug":"is-google-spying-on-its-own-employees","modified":"2019-10-29T20:24:51","title":"Is Google Spying on its own Employees?","content":"Google’s employees have accused the company of installing a surveillance tool onto their computers to monitor attempts to organize unions or protests. The tool reports staff who try to make calendar events with more than 100 participants or 10 meeting rooms to executive employees at Google. Employees allege that the tool is aimed towards preventing them from mobilizing and learning about workers’ rights.\\nThe Accusations against Google\\nAfter the discovery that an internal Google team was developing this policy earlier this month, one employee voiced his/her concerns in a memo that was distributed to Bloomberg Law. The author alleges that the most plausible explanation for the policy is that it “is an attempt of leadership to immediately learn about any workers’ organization attempts.” The employee suggests that the tool is a part of Google’s new “community guidelines” which are a major deviation from the company’s notoriously open company culture.\\nGoogle says that its employees’ accusations against its surveillance tool “are categorically false.” The company claims that the tool was intended to remind employees not to accidentally auto-add private meetings to the calendars of many employees. Google claims that the tool is merely a pop-up message to prevent company-wide spam.\\nEmployer-Employee Tensions\\nGoogle’s new tool follows a myriad of controversies between Google’s employees and their executive staff. In 2017, Google fired a software engineer who wrote an internal memo that challenged the merits of Google’s diversity initiatives and claimed that the company has a left-leaning bias. Last year, more than 20,000 Google employees across the world staged a walkout to protest the way in which Google handled executive sexual harassment allegations. The protesters urged Google’s executives to address the company’s “rampant” sexism and racism in a set of demands. This past September, Google tech contractors in Pittsburgh voted to unionize with the United Steelworks. This past October, Google executives tried to shut down a unionization and labor rights meeting hosted by an outside union at the company’s largest European office in Zurich, Switzerland.\\nThese tensions have exposed an internal “period of growing distrust and disillusionment” in Google’s executive staff since 2016. Both liberal and conservative Google employees have mobilized and formed coalitions to pressure the company’s executives to align with their perspectives on Google’s identity. This past August, Google launched its new community guidelines to curb growing internal polarization by calling for inclusive behavior. The guidelines discourage employees from critiquing company initiatives without knowing the “full story,” debating politics in the workplace, and will create a tool for flagging inappropriate content on internal social networking sites. In other words, Google’s surveillance tool is one of many new policies aimed towards reducing employee dissent and volatility.\\nSeek Legal Assistance Today\\nIf your employer has prevented you from unionizing, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Google’s employees have accused the company of installing a surveillance tool onto their computers to monitor attempts to organize unions or protests. The tool reports staff who try to make calendar events with more than 100 participants or 10 meeting rooms to executive employees at Google.  Employees allege that the tool is aimed towards preventing&hellip;</p>\\n"},{"id":8378,"path":"/blog/washington-votes-on-whether-to-legalize-discrimination","slug":"washington-votes-on-whether-to-legalize-discrimination","modified":"2019-10-26T18:50:46","title":"Washington Votes On Whether To Legalize Discrimination","content":"The Washington State Civil Rights Initiative, first passed in 1998, outlaws racial preferences in public employment, contracting, and college admissions. At the time, the bill passed with 58% of the vote. People in Washington state now face a vote to roll back this law. The Democratic-controlled state legislature attempted to overturn the ban on preferential treatment. The new proposal allows for the following: “an individual’s race, sex, ethnicity, national origin, age, the presence of any sensory, mental, or physical disability, and honorably discharged veteran or military status are factors considered in the selection of qualified women, honorably discharged military veterans, persons in protected age categories, persons with disabilities, and minorities for opportunities in public education, public employment, and public contracting.”\\nAsian-American Community Pushes For Washington Referendum \\nThe Washington Asians for Equality group has been outspoken against bringing back racial preferences in their state. The group started a petition and obtained enough signatures to force the issue to be decided in a referendum on the November ballot. The referendum, entitled Referendum 88, states that if a majority of Washingtonians vote no, the legislature’s attempt to restore racial preferences will fail. The Washington Asians for Equality group argues that bringing back racial preferences will unfairly hurt the Asain community by holding Asain applicants to higher standards than those of other races. For example, a similar issue arose with Asain applicants at Harvard. In this instance, admissions officers, who can legally consider an applicant’s race, consistently rated Asian-American applicants lower than other races on traits like “positive personality,” likability, courage, kindness, and being “widely respected.”\\nArgument In Support Of The Referendum\\nThose who support Washington’s push to bring back racial preferences in public employment, contracting and college admissions argue that some discrimination between races is good. Supporters say that preferential treatment based on race allows employers to create a more diverse workforce and grant opportunities to racial groups that have been historically disadvantaged. The difference between this referendum and affirmative action is that this bill allows race to be the sole factor for selecting a lesser-qualified candidate over a more qualified candidate. Affirmative action allows race to be taken into consideration among other factors. The U.S. Supreme Court has not said that affirmative action policies are unconstitutional, however it has banned the use of strict racial quotas in universities. If this Washington Referendum passes, it may head to the Supreme Court if a case questioning the law’s constitutionality arises. \\nSeek Legal Assistance Today\\nIf you have experienced racial discrimination at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Washington State Civil Rights Initiative, first passed in 1998, outlaws racial preferences in public employment, contracting, and college admissions. At the time, the bill passed with 58% of the vote. People in Washington state now face a vote to roll back this law. The Democratic-controlled state legislature attempted to overturn the ban on preferential&hellip;</p>\\n"},{"id":8375,"path":"/blog/former-walmart-employee-wins-5-2-million-in-disability-discrimination-case","slug":"former-walmart-employee-wins-5-2-million-in-disability-discrimination-case","modified":"2019-10-23T23:11:11","title":"Former Walmart Employee Wins $5.2 Million In Disability Discrimination Case","content":"A jury awarded a former Walmart employee from Wisconsin $5.2 million in punitive and compensatory damages for a disability discrimination lawsuit. The case found that Walmart was in violation of federal law when it refused to reasonably accommodate the employee’s disabilities. This employee is deaf, visually impaired, and has an additional developmental disability. He worked as a cart pusher for 16 years.\\nNew Walmart Manager Refuses to Accommodate Disability\\nThe employee in question had his disabilities accommodated for the majority of the time he worked at Walmart. He started to experience disability discrimination in 2015 when a new manager started working at the store. In his first month, this new manager put this employee on paid suspension and forced the employee to resubmit medical paperwork in order for him to keep the workplace accommodations he previously had for his disabilities. The employee was never paid beyond the first two weeks of the suspension. When the employee requested that he continue receiving assistance from a job coach that he had before this manager started, he was terminated. The job coach was provided by public funding, not by Walmart. An attorney from the Equal Employment Opportunity Commission said, employers have a legal obligation under federal law to work with employees who need accommodations for disabilities.” A Walmart spokesman stated that the court’s verdict was not supported by evidence and urged that “we dont tolerate discrimination of any kind, and we routinely accommodate thousands of associates every year.”\\nDisabled Employees Should Be Aware When A New Boss Starts\\nThis case shows that disabled employees should always stay aware of potential discrimination at work, particularly when a new manager or boss takes over. Even if your disability was accommodated for years beforehand, a change in employment conditions like this one could mean the start of disability discrimination. The Americans With Disabilities Act requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause undue hardship for the employer. A reasonable accommodation is any change in the way things are usually done at work to help a disabled employee to apply for a job, perform the duties of a job, or enjoy any benefits and privileges of employment. Reasonable accommodations allow disabled employees to perform their jobs to their highest potential. The law forbids disability discrimination in any aspect of employment, including but not limited to hiring, firing, salary, job assignments, promotions, layoff, job training, and fringe benefits.\\nSeek Legal Assistance Today\\nIf you have experienced disability discrimination, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A jury awarded a former Walmart employee from Wisconsin $5.2 million in punitive and compensatory damages for a disability discrimination lawsuit. The case found that Walmart was in violation of federal law when it refused to reasonably accommodate the employee’s disabilities. This employee is deaf, visually impaired, and has an additional developmental disability. He worked&hellip;</p>\\n"},{"id":8371,"path":"/blog/supreme-court-justices-divided-on-federal-employment-protections-for-lgbtq-workers","slug":"supreme-court-justices-divided-on-federal-employment-protections-for-lgbtq-workers","modified":"2019-10-14T18:14:36","title":"Supreme Court Justices Divided on Federal Employment Protections for LGBTQ Workers","content":"Title VII of the Civil Rights Act of 1964 bans employment discrimination “on the basis of sex.” This past Tuesday, the Supreme Court was fundamentally divided on whether or not this federal law should encompass discrimination based on sexual orientation or gender identity. For two hours, the nine liberal and conservative justices debated on two cases involving sexual orientation discrimination and one case involving discrimination against a transgender person. The debate particularly focused on whether or not providing LGBTQ employment protection is a task for the court or Congress. Donald Trumps’ two supreme court appointees Neil Gorsuch and Brett Kavanaugh will likely play a critical role in deciding this issue.\\nThe Plaintiffs\\nThe three plaintiffs claim that they were wrongfully terminated based on “sex”. The Plaintiffs are geographically diverse: Donald Zarda was a skydiving instructor from New York who passed away in 2014; Gerald Bostock is a 55-year old former child welfare services coordinator from Georgia; and Aimee Stephens is a former funeral home worker from Michigan who is 48 and transgender. Stephens announced that she would transition from dressing and living as a man to a woman in 2013 with a plan to get sex-reassignment surgery. The owner of the funeral home fired Stephens because he considered her transgender identify to be a violation of “God’s commands.”\\nThe Debate: A Conservative-Liberal Divide\\nThe debate focused on whether or not the term “sex” in Title VII of the Civil Rights Act of 1964 can include protections for gay and transgender people. The four liberal supreme court justices  Sonia Sotomayor, Ruth B. Ginsburg, Stephen Breyer, and Elena Kagan  signalled agreement with the expansion of Title VII in finding that protection against this form of discrimination in employment was protected. However, one of the five conservative judges would have to join the liberals for a ruling in the plaintiffs’ favor.\\nThe conservative judges raised questions about the broader consequences of a ruling in favor of the plaintiffs on transgender athletes, dress codes, and same-sex bathrooms. Chief Justice John Roberts, a conservative judge, expressed concern for the religious rights of employers if gay and transgender people were federally protected under Title VII. Justice Brett Kavanaugh gave no indications as to how he would vote. Justice Thomas Clarence was characteristically silent throughout the debate. While conservative justice Neil Gorsuch signalled sympathy for the plaintiffs, he was hesitant to rule in their favor because he believed the decision could ignite “massive social upheaval.” Gorsuch said that this would be a more appropriate matter for Congress to legislate on as it was not explicitly included in the Civil Rights Act. “It’s a question of judicial modesty,” Gorsuch explained. Justice Samuel Alito also argued that ruling in favor of the plaintiffs would practically be re-interpreting congressional legislation in a way that lawmakers had never intended. To this argument, Justice Sotomayer responded, “at what point does the court continue to permit invidious discrimination?”\\nSeek Legal Assistance Today\\nIf you have experienced sex discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and speak with experienced legal counsel.","excerpt":"<p>Title VII of the Civil Rights Act of 1964 bans employment discrimination “on the basis of sex.”  This past Tuesday, the Supreme Court was fundamentally divided on whether or not this federal law should encompass discrimination based on sexual orientation or gender identity.  For two hours, the nine liberal and conservative justices debated on two&hellip;</p>\\n"},{"id":8367,"path":"/blog/you-could-be-eligible-for-overtime-pay-new-rule-from-labor-department","slug":"you-could-be-eligible-for-overtime-pay-new-rule-from-labor-department","modified":"2019-10-13T16:53:05","title":"You Could Be Eligible For Overtime Pay: New Rule From Labor Department","content":"The Labor Department announced last month that it will expand overtime pay eligibility to up to 1.3 million workers under a new rule. This new rule will go into effect on January 1st, 2020. Under the new rule, most salaried workers who earn less than about $35,500 per year will be eligible for overtime pay, which is time and a half their usual pay rate. The current overtime threshold is only about $23,700. This is the first increase in the overtime threshold since 2004 under the Bush administration. The Obama administration attempted to rise the overtime threshold even higher to $47,500, covering millions more workers, but a federal judge suspended and invalidated the rule before it could go into effect. \\nLabor Experts Speaks Out On New Overtime Rule\\nPatrick Pizzella, the acting labor secretary, spoke highly of the new rule when he said, “this rule brings a common-sense approach that offers consistency and certainty for employers as well as clarity and prosperity for American workers.” Some are praising the Trump administration for implementing this rule. They argue that the Obama administration’s threshold was far too high because it would require business owners to suddenly start paying out millions in overtime pay to workers who previously never qualified. However, others say that the Trump administration’s increase is not nearly enough. Heidi Shierholz, a former Labor Department chief economist, said “while the administration may be trumpeting this rule as a good thing for workers, that is a ruse . . . in reality, the rule leaves behind millions of workers who would have received overtime protections under the much stronger rule, published in 2016, that Trump administration abandoned.” Originally, the Trump administration appealed the court decision that struck down the Obama rule. Then, they abandoned the appeal in order to create this new rule. Senator Sherrod Brown of Ohio said, “By failing to stand up for workers and expanding the overtime rule, the president is failing to put workers first and is driving down the value of work.”\\nWage Increases Under New Overtime Pay Rule\\nThe Trump administration’s new rule is estimated to yield workers $300 million to $600 million per year in wage increases over the next decade. Additionally, salaried workers who make more than the legal threshold can also be eligible for overtime pay if they lack substantial decision-making authority. If you are uncertain if you will now qualify for overtime pay under the new labor department rule, you should speak with an experienced employment attorney.\\nSeek Legal Assistance Today\\nIf you have not been paid your rightful overtime wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Labor Department announced last month that it will expand overtime pay eligibility to up to 1.3 million workers under a new rule. This new rule will go into effect on January 1st, 2020. Under the new rule, most salaried workers who earn less than about $35,500 per year will be eligible for overtime pay,&hellip;</p>\\n"},{"id":8364,"path":"/blog/robert-de-niro-sued-for-gender-discrimination","slug":"robert-de-niro-sued-for-gender-discrimination","modified":"2019-10-05T15:51:46","title":"Robert De Niro Sued for Gender Discrimination","content":"After a decade-long working relationship, Robert De Niro and his executive assistant, Graham Chase Robinson, are involved in dual legal battles. De Niro claims that Robinson was misappropriating money from his production company, Canal Productions, and Robinson claims that De Niro subjected her to years of gender discrimination. Are these legal disputes simply the product of a working relationship gone sour? \\nThe Allegations\\nRobinson is suing De Niro for $12 million. She accuses him of using derogatory language to female employees such as “c” and “b.” He also referred to Robinson, his executive assistant, as his “office wife.” Robinson says that De Niro would ask her to tie his ties, fix his collars, scratch his back, button his shirts, and wake him up if he was in bed. She claims that De Niro would verbally abuse her when he would become intoxicated–Robinson has a voicemail of De Niro calling her a “spoiled brat” and shouting “how dare you f disrespect me,” in such a state. Robinson claims that her male colleagues were not subjected to this type of disrespect. She alleges that she was underpaid due to her gender and given domestic chores like vacuuming and cleaning De Niro’s apartment. \\nRobinson’s lawsuit comes two months after De Niro filed a $6 million lawsuit against her in August. De Niro claims that Robinson stole hundreds of thousands of dollars from De Niro. Not only did Robinson use millions of the company’s frequent flyer miles for her personal gain, but she also used Canal’s revenue to buy personal items. Further, De Niro alleges that Robinson “loafed during working hours, binge-watching astounding hours of TV shows on Netflix.” Supposedly, Robinson spent four work-days watching 55 episodes of Friends, a portion of the lawsuit that went viral. \\nRetaliation and Sabotage \\nRobinson and her attorneys claim, however, that De Niro’s lawsuit is a blatant act of retaliation. The suit was announced after Robinson had approached De Niro’s team to tell them she was considering suing them for gender discrimination and wage violation. Robinson felt that the work environment had become too hostile to function in. Robinson’s lawyers claim that De Niro “took a page out of the Bill O’Reilly book” by preemptively sabotaging Robinson’s reputation to undermine her potential allegations against him. The lawsuit states that “Robert De Niro is someone who has clung to old mores. He does not accept the idea that men should treat women as equals.”\\nSeek Legal Assistance Today \\nIf you have experienced sexual harassment at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>After a decade-long working relationship, Robert De Niro and his executive assistant, Graham Chase Robinson, are involved in dual legal battles.  De Niro claims that Robinson was misappropriating money from his production company, Canal Productions, and Robinson claims that De Niro subjected her to years of gender discrimination.  Are these legal disputes simply the product&hellip;</p>\\n"},{"id":8351,"path":"/blog/met-opera-singer-accused-of-sexual-harassment","slug":"met-opera-singer-accused-of-sexual-harassment","modified":"2019-09-27T18:21:02","title":"Met Opera Singer Accused of Sexual Harassment","content":"18 anonymous women have accused famous opera singer Placido Domingo of sexual harassment. 24 hours before the start of his latest performance at the Metropolitan Opera production of “Macbeth” in New York, he pulled out of the show. Many are suggesting that Placido Domingo’s career is effectively over because of these serious allegations against him. Both the MET and Domingo himself have since issued statements addressing his decision to step down from his role for the foreseeable future. \\nMet Opera and Domingo Respond\\nThe Met Opera released a brief statement addressing Domingo’s situation, saying that he has withdrawn from all future performances. Their statement read, “The Met and Mr. Domingo are in agreement that he needed to step down. The Met has no further comment at this time.” Previously, the Met said it was waiting for the outcome of an investigation of the harassment allegations before taking action against Domingo. Public outcry is the suspected reason behind their decision to terminate him before the completion of the investigation. Placido Domingo also released a statement addressing his side of the story and noting his long career at the Met, performing there for 51 years. He said, “while I strongly dispute recent allegations made about me, and I am concerned about a climate in which people are condemned without due process, upon reflection I believe that my appearance in this production of ‘Macbeth’ would distract from the hard work of my colleagues both onstage and behind the scenes . . . as a result, I have asked to withdraw.” At the age of 78, Domingo also seemed to suggest that his role in Macbeth may be the final role of his career. \\nSexual Harassment Allegations\\nThe allegations against Domingo describe illegal activity in the workplace. For example, accusers say that he pressured women into sexual relationships, and sometimes professionally punished those who refused his advances. Sexual harassment in the workplace is illegal when it is so severe or frequent that it creates a hostile or offensive work environment. Sexual harassment can come in many different forms, such as nonconsensual sexual advances, requests for sexual favors, and other issued of verbal or physical sexual harassment. If these allegations against Domingo are true, the Met will have a serious case of sexual harassment to deal with. No one should have to face issues of sexual harassment in the workplace. If you are a victim of sexual harassment, you should speak to an experienced employment attorney to learn about your legal rights. \\nSeek Legal Assistance Today\\nIf you have experienced sexual harassment at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>18 anonymous women have accused famous opera singer Placido Domingo of sexual harassment. 24 hours before the start of his latest performance at the Metropolitan Opera production of “Macbeth” in New York, he pulled out of the show. Many are suggesting that Placido Domingo’s career is effectively over because of these serious allegations against him.&hellip;</p>\\n"},{"id":8348,"path":"/blog/gym-tan-groping-jersey-shore-star-faces-sexual-harassment-at-work","slug":"gym-tan-groping-jersey-shore-star-faces-sexual-harassment-at-work","modified":"2019-09-22T16:50:07","title":"Gym, Tan, Groping? Jersey Shore Star Faces Sexual Harassment At Work","content":"Angelina Pivarnick, a star on the reality TV show Jersey Shore, is suing the New York City Fire Department (FDNY). When she is not on TV, Pivarnick serves as an EMT for FDNY. Her aunt, who was also an EMT, inspired her to become one. Pivarnick claims that she experienced a hostile work environment while in this role due to interactions with two supervisors between 2017 and 2018. Both supervisors are lieutenants within FDNYs EMT Bureau. The lawsuit states that Pivarnick experienced “repeated and unwelcome sexual advances, degrading comments about her body, vulgar sexual comments, inappropriate questions about her private relationships and, in one instance, the groping of an intimate part of her body without her consent.\\nInstances of Sexual Harassment towards Jersey Shore Star \\nPivarnick allegedly received several explicit texts from supervisors that amounted to her sexual harassment claim. For instance, one message that a supervisor sent her said your a** looked amazing and I wish I wasn’t working or in uniform because I definitely would’ve kissed those amazing lips.” Another text message said, “That a**! If you only knew the thoughts in my mind. In addition to these inappropriate messages, one supervisor grabbed and squeezed her buttocks in the parking lot outside the station. Pivarnick said that she made it clear to him that he should never touch her in that way. She came forward to the FDNY with these allegations of sexual harassment. She claims to have since received illegal retaliation from her former employer. A spokesman from the City Law Department said that it will review her case.\\nThe Law Protects Victims of Sexual Harassment \\nSexual harassment in the workplace is illegal. If Pivarnick’s allegations are found to be true, she will have a serious case against her former employer. Illegal sexual harassment comes in many forms. For example, sexual harassment can include nonconsensual sexual advances, requests for sexual favors, and other verbal or physical sexual harassment. Both the harasser and victim can be either male or female. Generally, the law does not protect against one inappropriate sexual joke, as harassment must be so frequent or severe that it creates a hostile or offensive work environment in order for it to be illegal. However, one severe incident, such as a physical sexual assault, can amount to a hostile or offensive work environment. No one should have to face sexual harassment in the workplace. If you are a victim of sexual harassment, you should speak to an experienced employment attorney. \\nSeek Legal Assistance Today\\nIf you have experienced sexual harassment at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Angelina Pivarnick, a star on the reality TV show Jersey Shore, is suing the New York City Fire Department (FDNY). When she is not on TV, Pivarnick serves as an EMT for FDNY. Her aunt, who was also an EMT, inspired her to become one. Pivarnick claims that she experienced a hostile work environment while&hellip;</p>\\n"},{"id":8344,"path":"/blog/food-without-integrity-chipotle-sued-for-labor-law-violations","slug":"food-without-integrity-chipotle-sued-for-labor-law-violations","modified":"2019-09-19T14:51:47","title":"Food Without Integrity: Chipotle Sued for Labor Law Violations","content":"This past week, Mayor Bill de Blasio’s administration announced a lawsuit against Chipotle Mexican Grill, Inc. for labor law violations including illegal sick policies and short-notice schedule changes. The city seeks $1 million in restitution and penalties for workers at five Chipotle locations in Brooklyn. At least 30 workers complained about last-minute schedule changes, restrictive sick policies, and retaliation to the Department of Worker and Consumer Protection and 32BJ SEIU, a union focused on combatting income inequality. One employee pointed out the irony of Chipotle’s poor working conditions when the company’s slogan is “food with integrity.” Jeremy Espinal, an employee at a Greenwich Village Chipotle, said that he “wouldn’t be surprised if they treat the animals better than they treat us.”\\nThe Allegations against Chipotle\\nChipotle allegedly violated New York’s Fair Workweek Law which was enacted in November 2017. The law requires employers to notify workers of their schedules two weeks in advance; provide additional compensation if short-notice changes are made to the schedule; and offer existing employees available shifts before hiring new part-time employees. The law also states that workers must have eleven hours of rest between shifts. According to the lawsuit, Chipotle blatantly ignored all of these legal obligations that were designed to give restaurant workers more consistent paychecks and shifts. Workers were forced to work “clopenings,” or night closing shifts followed by morning opening shifts. Managers would tell employees to leave their shifts early or cut their hours on last-minute notice to save Chipotle money, forcing them to sign a letter of consent claiming they had asked for the change. “The schedule was kind of used as a weapon,” says one former Chipotle employee.\\nThe lawsuit also accuses Chipotle of violating the Earned Safe and Sick Time Act which guarantees paid time off from work for an employee or their family member who was the victim of stalking, human trafficking, or sexual offenses. Not only was Chipotle’s sick leave policy “inconsistent” and “confusing,” but employees were forced to find their own substitutes for time off.\\nFast-Food Workers Experience Abuse\\nThis lawsuit illustrates a reoccurring trend in employment law that New York City is trying to combat. Not only are fast-food workers more susceptible to violent customer abuses, but they are regularly and disproportionately the victims of wage theft, overtime violations, and wrongful termination. In the lawsuit’s announcement, Mayor de Blasio said, “In New York City, predictable schedules for fast food and retail workers are a right, not a privilege. No corporation can get away with blatantly violating the rights of New York City workers without consequences.”\\nSeek Legal Assistance\\nIf you are the victim of wage theft or overtime violations in the fast-food industry, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646)430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>This past week, Mayor Bill de Blasio’s administration announced a lawsuit against Chipotle Mexican Grill, Inc. for labor law violations including illegal sick policies and short-notice schedule changes.  The city seeks $1 million in restitution and penalties for workers at five Chipotle locations in Brooklyn.  At least 30 workers complained about last-minute schedule changes, restrictive&hellip;</p>\\n"},{"id":8340,"path":"/blog/new-monopoly-game-tackles-gender-wage-gap-women-paid-more-than-men","slug":"new-monopoly-game-tackles-gender-wage-gap-women-paid-more-than-men","modified":"2019-09-14T17:16:59","title":"New Monopoly Game Tackles Gender Wage Gap: Women Paid More Than Men","content":"A new edition of Monopoly entitled “Ms. Monopoly” will pay female players more than men. The makers of the game are tackling the gender wage gap, which is the discrepancy between the average earnings of all men and women in the United States. As of 2019, women earn roughly 79 cents of every dollar that men earn in the United States. Ms. Monopoly is flipping this narrative, with the game’s box reading, “the first game where women make more than men.” The new game will also celebrate female inventors. Instead of investing in properties, as players traditionally did in Monopoly, players in Ms. Monopoly will invest in inventions and innovations created by women throughout history.\\nNew Monopoly Rules Cause Controversy\\nChanging the Monopoly rules has stirred up controversy. In Ms. Monopoly, once female players pass “go” they collect $240 instead of the usual $200 that male players earn. This version of the game also rewards men for activities like attending a women’s rally, watching a female-led superhero movie, or writing an article about successful women entrepreneurs. Some have praised the makers of the game for creating a version of Monopoly that focuses on women’s issues. Others have criticized game makers. Elizabeth Magie originally first filed the patent for Monopoly over 100 years ago. However, she only earned roughly $500 for her invention. The game makers today still credit the game’s invention to Charles Darrow, who developed Magie’s idea and made a fortune off it. Many have criticized game makers for still crediting Darrow with the invention while simultaneously rolling out Ms. Monopoly. Other critics of the new game say that women have previously had no trouble winning Monopoly without a special advantage. They fear that female winners in Ms. Monopoly will be discredited because of the game’s new advantage for female players. \\nHow The Law Protects Women from the Gender Wage Gap\\nThe Equal Pay Act, which was first passed in the 1960s, made it illegal to pay women less than men on the basis of sex. The Civil Rights Act similarly outlaws any other type of employment discrimination on the basis of sex. Many states have passed additional legislation on pay equality. For example, New York’s Equal Pay Act states that “no employee shall be paid at a lesser wage rate than an employee of the opposite sex in the same establishment for equal work on a job requiring equal skill, effort and responsibility, and performed under similar working conditions.” If your employer is paying you less because of your gender, an experienced employment attorney can help you recover your rightful wages. \\nSeek Legal Assistance Today\\nIf you have experienced the gender wage gap, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A new edition of Monopoly entitled “Ms. Monopoly” will pay female players more than men. The makers of the game are tackling the gender wage gap, which is the discrepancy between the average earnings of all men and women in the United States. As of 2019, women earn roughly 79 cents of every dollar that&hellip;</p>\\n"},{"id":8332,"path":"/blog/working-in-the-service-industry-sexual-harassment-no-tips-low-wages","slug":"working-in-the-service-industry-sexual-harassment-no-tips-low-wages","modified":"2019-09-06T21:40:11","title":"Working In The Service Industry: Sexual Harassment, No Tips, Low Wages","content":"4.4 million workers in America’s service industry rely on tips for a living. Roughly two-thirds of this group are women. The federal minimum wage for tipped workers has not changed since 1991. At only $2.13 an hour, it’s no surprise that tips are vital to earning a living in this industry. Although individual states have raised the minimum wage for tipped employees, the majority of states still have a minimum wage under 5$ an hour. Under the law, employers have to increase an employees earnings to the federal and state minimum wage for non-tipped employees when an employee’s tips do not make up the difference. As of 2013, people of color make up 40% of tipped employees in the United States. Additionally, more than one million single mothers work in this industry. \\nSexual Harassment in the Service Industry\\nIn addition to low wages, employees in the service industry also struggle with sexual harassment all too often. The Equal Employment Opportunity Commission has more annual complaints of sexual harassment from the restaurant industry than from any other. Many long-time employees have come to expect sexual harassment as an inevitable part of the job. However, sexual harassment is illegal. If you have experienced sexual harassment in the workplace, you should speak with an experienced employment attorney. \\nUnpredictable Pay\\nWhen relying on tips, a major issue for service industry workers is the unpredictability of their paychecks. Whether a customer tips 20% or leaves no tip at all can have a huge impact on an employee’s paycheck. When an employee is not tipped enough, they often work double or even triple shifts to make extra cash. An eligible employee who works more than 40 hours in a given workweek is entitled to an overtime pay rate. This rate must be time and a half of someone’s usual hourly pay rate. Unfortunately, restaurant owners too often ignore this law as well. An employer is legally required to pay eligible workers overtime. If you have not been paid overtime, an experienced employment attorney can help you recover your rightful wages.\\nDebate Over Increasing the Minimum Wage\\nService industry employers and employees are currently debating whether to raise the federal minimum wage to $15 an hour. Some employees say that this increase would provide the stability in paychecks that they desire and bring many employees out of poverty. Some employers say that their businesses can not afford this high of a minimum wage increase, arguing that it would force them to lay off staff. Do you think this would be a good solution for the wage issues in America’s service industry?\\nSeek Legal Assistance Today\\nIf you have experienced sexual harassment in the workplace or unpaid wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>4.4 million workers in America’s service industry rely on tips for a living. Roughly two-thirds of this group are women. The federal minimum wage for tipped workers has not changed since 1991. At only $2.13 an hour, it’s no surprise that tips are vital to earning a living in this industry. Although individual states have&hellip;</p>\\n"},{"id":8322,"path":"/blog/airport-worker-fired-for-calling-a-passenger-ugly","slug":"airport-worker-fired-for-calling-a-passenger-ugly","modified":"2019-08-31T17:28:05","title":"Airport Worker Fired For Calling A Passenger Ugly","content":"Neal Strassner, a frequent passenger at New York’s Greater Rochester International Airport, claims that an airport security officer handed him a torn note as he walked through a metal detector. After he passed through airport security and began walking away, he says the airport employee yelled at him, “You going to open the note?” He opened the note to find only two words written: “you ugly!” Strassner said, I was more confused than anything . . . I kind of just looked at it and thought, That was weird.\'\\nStrassner Complains and TSA Responds \\nWhen Strassner traveled back to the airport on his return trip, he met with an airport supervisor. He got the impression that the supervisor didn’t believe his story. After TSA never followed up with him about this incident, Strassner located the airport security footage online that shows the moment when the airport worker handed him the note. He posted the video to Reddit, and TSA contacted him within 2 hours. He attributes this speedy response to, “the power of the internet.” After contacting Strassner, the TSA put out a public statement, saying the organization “holds contractors to the highest ethical standards and has zero tolerance for this type of behavior . . . this instance, which involved a contract employee, was investigated immediately upon receiving the complaint by the traveler. The employee has since been terminated by the contractor.” Strassner said that this incident will not negatively affect his view of the airport, which he said is one of his favorites in the country.\\nWhen Is Termination Wrongful?\\nFlying is already stressful enough without insults being hurled at you from the airport employees. Most people would agree that terminating this employee was the reasonable thing to do. However, an employer can’t fire workers for any reason. Wrongful termination happens when an employee is fired for illegal reasons, such as discrimination, or when the reason for termination violates company policy. Discrimination occurs when an employee is fired due to race, nationality, religion, gender, or age. If you are an at-will employee, your employer can terminate you without a reason, but you still cannot be terminated for one of these illegal reasons. Another illegal reason for termination concerns whistleblowers. This includes being fired for complaining about workplace issues or for refusing to commit an illegal act when asked to by an employer. If you are not sure if you have been terminated wrongfully, you should speak with an experienced employment attorney.\\nSeek Legal Assistance Today\\nIf you think you have been wrongfully terminated, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Neal Strassner, a frequent passenger at New York’s Greater Rochester International Airport, claims that an airport security officer handed him a torn note as he walked through a metal detector. After he passed through airport security and began walking away, he says the airport employee yelled at him, “You going to open the note?” He&hellip;</p>\\n"},{"id":8319,"path":"/blog/trump-administration-tells-supreme-court-that-transgender-workers-are-not-protected-under-civil-rights-law","slug":"trump-administration-tells-supreme-court-that-transgender-workers-are-not-protected-under-civil-rights-law","modified":"2019-08-26T20:43:59","title":"Trump Administration Tells Supreme Court That Transgender Workers Are Not Protected Under Civil Rights Law","content":"The Trump administration’s justice department recently filed a brief with the Supreme Court, arguing that transgender workers are not a protected class under the Civil Rights Act of 1964. Without protection under the Civil Rights Act, transgender workers can legally be fired on the basis of their gender identity. Title VII of the Civil Rights Act officially prohibits employment discrimination on the basis of race, color, religion, sex and national origin. Those who disagree with the Trump administration argue that transgender status ought to be included as a form of sex discrimination. The Trump administration is arguing that sex discrimination only includes discrimination on the basis of biological sex. \\nDoes Sex Discrimination Include Transgender Discrimination?\\nThe brief that the Trump administration submitted to the Supreme Court argued that gender identity discrimination is different than sex discrimination. This difference means that employers can legally discriminate on the basis of gender identity. The brief, submitted by Solicitor General Noel J. Francisco and other Justice Department lawyers, stated “In 1964, the ordinary public meaning of ‘sex’ was biological sex. It did not encompass transgender status . . . it was especially clear that the prohibition on discrimination because of ‘sex’ referred to unequal treatment of men and women in the workplace.” Those who disagree with the Trump administration argue that the meaning of sex discrimination has evolved since 1964, and the law should now also prohibit discrimination on the basis of transgender status. \\nCould Including Transgender Discrimination In Title VII Have Unexpected Consequences?\\nThe Trump administration’s brief also argued that including transgender discrimination as a form of sex discrimination would have unexpected consequences for non-transgender women. “It will deny women and girls fair opportunities to compete in sports, to ascend to the winner’s podium, and to receive critical scholarships . . . it will also require domestic-abuse shelters to allow men to sleep in the same room as female survivors of rape and violence. And it may dictate that doctors and hospitals provide transition services even in violation of their religious beliefs.” Here, the brief suggests that, in order to prevent illegal discrimination, transgender women would compete in women’s sports and stay in women’s shelters. The Supreme Court is set to decide whether the Civil Rights Act protects transgender people from discrimination this October. Depending on how the Supreme Court rules on the issue this Fall, we may or may not see these predictions come to fruition. Do you think discrimination on the basis of sex should include gender identity discrimination?\\nSeek Legal Assistance Today\\nIf you have experienced sex discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Trump administration’s justice department recently filed a brief with the Supreme Court, arguing that transgender workers are not a protected class under the Civil Rights Act of 1964. Without protection under the Civil Rights Act, transgender workers can legally be fired on the basis of their gender identity. Title VII of the Civil Rights&hellip;</p>\\n"},{"id":8314,"path":"/blog/couple-sues-big-law-firm-over-parental-leave","slug":"couple-sues-big-law-firm-over-parental-leave","modified":"2019-08-19T00:31:20","title":"Couple Sues Big Law Firm Over Parental Leave","content":"Mark Savignac and Julia Sheketoff, a couple who worked as attorneys at Jones Day, are suing their former employer. The couple claims that Jones Day discriminates in its parental leave policies. Specifically, the lawsuit states that Savignac was unlawfully denied his right to parental leave after his son was born. When Savignac questioned what he thought to be a discriminatory practice, he was fired. \\nGender Stereotypes About Parental Leave At Jones Day\\nThe lawsuit reveals that male partners at Jones Day made crude comments about men who wanted to take parental leave. One male partner allegedly teased a male associate who took paternity leave, saying “What would a man do on parental leave — watch his wife unload the dishwasher?” Under Jones Day’s official policy, new biological mothers receive 10 weeks of paid family leave and eight weeks of disability leave. Biological fathers who wish to be a primary caregiver have 10 weeks of paid family leave. Male and female adoptive parents have 18 weeks of paid leave.\\nWhat The Law Says About Men Taking Parental Leave\\nThe Equal Employment Opportunity Commission allows employers to grant mothers eight weeks more paid leave than fathers because women need additional time to heal from childbirth. Savignac and Sheketoff are arguing that Jones Day’s parental leave policy is unlawful because mothers have an additional eight weeks of paid leave regardless of whether their physical condition requires it. The lawsuit states that this practice gives “female associates more time to enable their husbands to prioritize their careers over child care” and “reflects and reinforces archaic gender roles and sex-based stereotypes.”\\nJones Day Defends Parental Leave Policy\\nJones Day has responded to the lawsuit in defense of their policy, although their policy is becoming increasingly uncommon. Many companies now make no distinction between men and women when it comes to parental leave, allowing mothers to apply for additional disability leave as they need. Jones Day argues that birth mothers should automatically get an additional eight weeks of paid disability leave so that they don’t have to produce medical evidence that they are still recovering from childbirth. Additionally, Jones Day said that Mr. Savignac’s termination had not been in retaliation for criticizing the parental leave policy, which it claims he and Ms. Sheketoff had previously done in 2018 without consequences. Jones Day explained that they fired Savignac because he had shown a “lack of courtesy” to coworkers and an “open hostility to the firm.”\\nSeek Legal Assistance Today\\nIf you have experienced sex discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Mark Savignac and Julia Sheketoff, a couple who worked as attorneys at Jones Day, are suing their former employer. The couple claims that Jones Day discriminates in its parental leave policies. Specifically, the lawsuit states that Savignac was unlawfully denied his right to parental leave after his son was born. When Savignac questioned what he&hellip;</p>\\n"},{"id":8310,"path":"/blog/supreme-court-to-decide-whether-you-can-be-fired-for-not-looking-feminine-enough","slug":"supreme-court-to-decide-whether-you-can-be-fired-for-not-looking-feminine-enough","modified":"2019-08-16T17:15:27","title":"Supreme Court To Decide Whether You Can Be Fired For Not Looking Feminine Enough","content":"Aimee Stephens, a transgender individual, worked as a funeral director at R.G. &amp; G.R. Harris Funeral Homes in Michigan. The funeral home terminated Stephens’ because of its subjective perspective on what women at work should look like. Essentially, Stephens’ employer felt that transgender women are not feminine enough. The funeral home owner, Thomas Rost, testified that he has “yet to see a man dressed up as a woman that I didn’t know was not a man dressed up as a woman,” thereby violating the standards of his business’s dress code for female employees. Stephens is now bringing forth a lawsuit to be heard by the Supreme Court to decide whether this action constitutes illegal workplace discrimination. Some experts now say that this Supreme Court ruling could affect non-transgender women as well, potentially allowing employers to legally fire any woman who is not feminine enough.\\nSupreme Court To Decide Whether Transgender Discrimination Is Legal\\nStephens’ lawsuit argues that the funeral home violated Title VII of the 1964 Civil Rights Act by firing a transgender employee for not being feminine enough. Transgender status is not an explicitly protected class under the law. However, the law forbids sex discrimination in the workplace. Stephens’ lawyers argue that discrimination against transgender people constitutes a form of illegal sex discrimination under the Civil Rights Act. Opponents argue that gender identity is a separate category than biological sex under the law. This October, the Supreme Court will rule whether employers can legally discriminate on the basis of whether someone is transgender.\\nCan Non-Transgender Women Be Fired For Not Being Feminine Enough?\\nSome argue that, if the court rules against Stephens, an unexpected precedent will be set, not only for transgender people, but also for non-transgender women. Stephens was fired because of an inability to conform to an employer’s subjective perspective on what women in the workplace should look like. If Stephen’s firing was legal, some argue that every woman in the United States would have to conform to her employer’s subjective idea of how feminine a woman must be if she wants to keep her job. For example, an ACLU attorney recently stated that a ruling against Stephens could allow employers to legally force female employees to wear skirts to work. Those arguing against this view say that gender stereotyping is illegal under the Civil Rights Act, so non-transgender women would still be protected under the law.\\nSeek Legal Assistance Today\\nIf you have experienced sex discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Aimee Stephens, a transgender individual, worked as a funeral director at R.G. &amp; G.R. Harris Funeral Homes in Michigan. The funeral home terminated Stephens’ because of its subjective perspective on what women at work should look like. Essentially, Stephens’ employer felt that transgender women are not feminine enough. The funeral home owner, Thomas Rost, testified&hellip;</p>\\n"},{"id":8304,"path":"/blog/accent_discrimination","slug":"accent_discrimination","modified":"2023-10-24T14:43:53","title":"Mocking an Employee’s Accent Qualifies as Discrimination","content":"A Filipino nurse who is over 40 years old sued Dameron Hospital for national origin and age discrimination. In her ninth year as a unit coordinator at the hospital, Nancy Ortiz and her colleagues, 99% of whom are Filipino, were given a new department director.&nbsp; The director would only give the Filipino workers “negative feedback” and routinely “humiliate[d]” them for their accents.&nbsp; The director said, “those of you with a thick accent, those of you that cannot speak English … need to go back to school and learn how to read and write grammar.”&nbsp; The director also allegedly told a coworker that the Filipino workers “are old dummies and they don’t speak English and I want to get rid of all of them.”&nbsp; She repeatedly fabricated justifications to “go ahead and fire” Ortiz, giving her poor performance reviews, putting her on a performance improvement plan, and falsely accusing her of sleeping on the job.&nbsp; The court ruled that Ortiz’s claims against the director qualified as national origin discrimination under Title VII of the Civil Rights Act of 1964, equating accent discrimination with racial discrimination.\\nAccent Discrimination in the United States\\nAlthough accent discrimination is not explicitly illegal in the United States, as stated, the Equal Employment Opportunity Commission (EEOC) and court rulings indicate that it is prohibited by Title VII of the Civil Rights Act of 1964.&nbsp; Title VII outlaws discrimination based on an individual’s race, color, religion, sex, or national origin.&nbsp; The EEOC’s 2016 Enforcement Guide on National Origin says that accent and nationality are “intertwined” because a person’s “accent can reflect whether [the] person lived in a different country or grew up speaking a language other than English.”&nbsp; The only instance in which an employer can enforce language fluency requirements in the U.S. is if they are vital to fulfilling the responsibilities of a position.\\nPeople with Accents Perceived as Less Trustworthy and Less Intelligent\\nResearch shows that accent discrimination is oftentimes a subconscious, but universally prevalent phenomenon that leads to quick judgments and stereotypes about others.&nbsp; People with foreign accents find it harder to get hired and are perceived as less trustworthy, successful, and intelligent.&nbsp; Researchers have several explanations for this.&nbsp; First, the extra cognitive effort that it takes to understand someone with a foreign accent can trigger negative perceptions of that person.&nbsp; Second, an individual’s accent signifies their membership in an “in-group” or an “out-group.”&nbsp; A person’s ethnocentric attitudes, or perception that one’s own group is the center of everything, can trigger negative feelings towards those with different accents.&nbsp; In a highly globalized world where 257 million people reside in different countries than they were born and more than 20% of Americans speak a foreign language, preventing these instinctual biases is more important than ever.\\nSeek Legal Assistance Today\\nIf you are the victim of discrimination in the workplace, contact the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646)430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A Filipino nurse who is over 40 years old sued Dameron Hospital for national origin and age discrimination.&nbsp; In her ninth year as a unit coordinator at the hospital, Nancy Ortiz and her colleagues, 99% of whom are Filipino, were given a new department director.&nbsp; The director would only give the Filipino workers “negative feedback”&hellip;</p>\\n"},{"id":8302,"path":"/blog/united-capital-hit-with-discrimination-suit-from-fired-employee","slug":"united-capital-hit-with-discrimination-suit-from-fired-employee","modified":"2019-08-05T16:09:47","title":"United Capital Hit with Discrimination Suit from Fired Employee","content":"United Capital Financial Advisers is being sued by a former employee who claims she experienced racial discrimination and retaliation at the firm.\\nTracey Chung alleges that her supervisor would publicly humiliate and berate her, and constantly micromanage her work, according to a lawsuit filed last week in a Dallas, Texas federal court. Chung claims that she was singled out by this supervisor because she was the only Asian woman in the office and was viewed as an easy target.\\nChung reported the behavior to the firms human resources department, and it sided with her supervisor after an investigation, she claims. Chung also claims in the suit that the firm forced her to undergo retraining and put her on probation.\\nLess than two weeks after Chung reported her supervisor, she was fired, according to the complaint.\\n“At the time she was fired, [Chung] had not even finished the retraining program mandated by her supervisor and HR,” the lawsuit claims. “Plaintiff was not even allowed to speak to HR about her complaint or her dismissal before she was forced to leave the building.”\\nChung was hired as a client service manager for the firm in February 2018 and her responsibilities included assisting financial advisors, working with custodians and managing client funds, according to a LinkedIn profile. A United Capital spokesman says Chung’s last day was on February 20, 2019.\\nChung is looking for $325,000 in damages as well as pre and post-judgment interest, attorney’s fees and court costs. The Equal Employment Opportunity Commission (EEOC) issued Chung a right to sue notice on June 7, 2019.\\nAt United Capital, we take diversity very seriously,” says a company spokesman via email. “As it relates to the case, we have no further comment at this time.\\nTypically, when filing a complaint to the EEOC, an interviewer for the agency asks for explicit examples of alleged discrimination, says Carolyn Wheeler, senior counsel at Katz, Marshall &amp; Banks, who is not involved in this case. If the EEOC finds probable cause, it tries to settle the case. But, if it can’t, it gives the plaintiff the right to sue.\\n“To say someone is micromanaging you and humiliating you are not real examples of what the supervisor is saying,” she says, noting that she usually asks for more specific details when interviewing clients for racial discrimination claims.\\nThe underlying retaliation claims in this lawsuit are stronger than the alleged discrimination claims since there is more “concrete” evidence of adverse action, says Christopher Davis, a New York-based attorney with Working Solutions NYC, who is also not involved with this case. Chung will likely get a trial, since the complaint and the termination occurred so close together, he says.\\nUnited Capital agreed to sell its business to Goldman Sachs in May, as reported. At the time, United Capital had 220 advisors who oversaw $25 billion in client assets.\\nChung did not respond to LinkedIn message prior to publication deadline. Her lawyer, Tailim Song, did not respond to a request for comment prior to publication deadline.\\nTo view this full article written by Alyson Velati, visit fundfire.com.","excerpt":"<p>United Capital Financial Advisers is being sued by a former employee who claims she experienced racial discrimination and retaliation at the firm. Tracey Chung alleges that her supervisor would publicly humiliate and berate her, and constantly micromanage her work, according to a lawsuit filed last week in a Dallas, Texas federal court. Chung claims that she was singled&hellip;</p>\\n"},{"id":8297,"path":"/blog/criminal-minds-cameraman-sues-for-sexual-harassment","slug":"criminal-minds-cameraman-sues-for-sexual-harassment","modified":"2019-07-29T20:52:38","title":"“Criminal Minds” Cameraman Sues For Sexual Harassment","content":"A cameraman working on the TV show “Criminal Minds” has sued his employer for sexual harassment. He alleges that the Director of Photography, Greg St. Johns, touched him sexually 2 to 3 times weekly during filming. This cameraman, Todd Durboraw, is specifically suing St. Johns, ABC Studios, CBS, Warner Brothers, and Entertainment Partners Enterprises. \\nGraphic Harassment On TV Set\\nDurboraw’s lawsuit describes the graphic sexual assault he allegedly endured in the workplace. In one instance, while Durboraw was squatting down, St. Johns came up behind him and touched his groin and buttocks. In other instances, St. Johns would grab and flick Durboraw’s nipples. The lawsuit also alleges that Durboraw was retaliated against for resisting this harassment. For example, he was prevented from taking time off work to care for his daughter’s life-threatening illness. Additionally, his supervisor suggested that if he took a promotion, he would be fired. Durboraw claims that employees who accepted harassment from St. Johns were rewarded at work with special benefits.\\nSexual Harassment In The Workplace\\nAlthough we typically think of sexual harassment as a women’s issue in the #MeToo era, men also deal with this issue in the workplace. Men have the same rights under the law as women when it comes to this issue. Legally, harassment can include unwanted sexual advances, requests for sexual favors, and other verbal or physical sexual acts. Both the victim and harasser can be either gender. Additionally, harassment can occur between members of the same gender. Harassment in the workplace becomes illegal when it is so frequent or severe that it creates a hostile or offensive workplace environment. Harassment is also illegal when it results in an adverse employment decision (such as the victim’s termination).\\nMale Victims Of Sexual Harassment\\nMale victims of sexual harassment face a unique set of challenges. With the #MeToo era in full force, we often hear stories of women who have suffered from sexual harassment in the workplace. However, we rarely hear prominent stories of male victims. Men often feel pressure to “toughen up” and “take it like a man.” Men often don’t want to publicly share their abuse because they don’t want to appear weak. However, no one, regardless of gender, should have to face sexual harassment in the workplace. If you are a man who has experienced harassment at work, you should seek out an experienced employment attorney as soon as possible. \\nSeek Legal Assistance\\nIf you have experienced sexual harassment in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You do not pay unless we win.","excerpt":"<p>A cameraman working on the TV show “Criminal Minds” has sued his employer for sexual harassment. He alleges that the Director of Photography, Greg St. Johns, touched him sexually 2 to 3 times weekly during filming. This cameraman, Todd Durboraw, is specifically suing St. Johns, ABC Studios, CBS, Warner Brothers, and Entertainment Partners Enterprises.   Graphic&hellip;</p>\\n"},{"id":8284,"path":"/blog/why-abortion-restrictive-states-do-less-for-working-mothers","slug":"why-abortion-restrictive-states-do-less-for-working-mothers","modified":"2019-07-29T16:22:13","title":"Why Abortion Restrictive States Do Less for Working Mothers","content":"Individuals on both sides of the abortion debate are noticing a contradiction–states with the most restrictive abortion laws have the weakest support for pregnant women and mothers in the workplace. Nine states passed bills to limit abortion in 2019, including Georgia, Kentucky, Louisiana, Missouri, Mississippi, and Ohio; but these states have fewer protections for pregnant women. In a report by the National Partnership for Women and Families, states were assigned a letter grade A through F based on the quality of their paid leave policies. States with the most stringent abortion laws: Alabama, Mississippi, Ohio, Kentucky, Georgia, Louisiana, and Utah earned grades of D or F. States with more relaxed abortion laws like Massachusetts, New York, Connecticut, and California earned grades of A or B.\\nWhere the U.S. Stands\\nThe United States is the only country in the developed world that doesn’t guarantee paid maternity leave for all new mothers. The Family Medical Leave Act, which mandates unpaid leave for new mothers, doesn’t even cover 40% of employees–those who have less than 50 colleagues and have worked for their employer for less than a year. In contrast, OECD countries provide 18 weeks of paid maternity leave on average. Similarly, 46% of people in the United States believe that abortion is unacceptable. This means that Americans are more hostile to abortion than any other developed country; including Japan, Poland, Germany, and Sweden.\\nCase Study: South Carolina\\nWhether you are pro-life or pro-choice, supporting working mothers should be a priority. For example, an unexpected duo advocated for South Carolina’s Pregnancy Accommodation Act in May 2018 which formalized protections for pregnant women in the workplace: abortion rights supporters at the Women’s Rights and Empowerment Network and the Palmetto Family Council, a conservative-religious advocacy group. The act ensures longer bathroom breaks, assistance with manual labor, lighter duties, and modified food and drink policies for pregnant women. While the two organizations had once clashed on the state’s abortion legislation, they were finally “on the same page pragmatically” when it came to supporting working mothers. The two associations even continue to work together on legislation that would give pregnant women paid breaks to pump breast milk. The atypical nature of their alliance emphasizes the fact that pro-life legislatures, organizations, and lobbyists are rarely “pro-life after birth.” Sarah Fleisch Fink, director of workplace policies at the National Partnership for Women &amp; Families says that “there is a disconnect.” She continues, “on the policy level, there is a real story to states that are taking away abortion care but that are doing nothing for families who are having children.”\\nSeek Legal Assistance\\nIf you are the victim of pregnancy discrimination in the workplace, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646)430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Individuals on both sides of the abortion debate are noticing a contradiction–states with the most restrictive abortion laws have the weakest support for pregnant women and mothers in the workplace.  Nine states passed bills to limit abortion in 2019, including Georgia, Kentucky, Louisiana, Missouri, Mississippi, and Ohio; but these states have fewer protections for pregnant&hellip;</p>\\n"},{"id":8253,"path":"/blog/no-vacation-nation","slug":"no-vacation-nation","modified":"2019-07-26T20:31:19","title":"The U.S. is the Only “No-Vacation Nation”","content":"In this 80 to 90-degree weather, many Americans are anticipating their annual Summer vacation. Unfortunately, about one in four Americans won’t get paid for their vacation time. A study published by the Center for Economic and Policy Research says that the U.S. is the only nation of the 21 richest countries in the world that does not mandate paid vacation and holidays. Unlike every other advanced economy, U.S. federal law does not require employers to give paid vacation days to their employees. Further, there is no federal law requiring employers to pay their employees for national holidays off. Workers that dont get time off are less efficient, more irritable, and more likely to burnout, so the US’ lack of paid time off is shocking.\\nAmericans are Afraid of Vacationing\\nThe average number of vacation days in the United States is 17.2, but who gets them? While 75% of employers choose to offer paid time off to their employees, high-income full-time workers are disproportionately the only recipients of this generosity. 90% of full-time private-sector workers receive paid vacation and holidays, but only about 40% of part-timers receive the same. About 90% of the top 25% income earners receive paid vacations and holidays, while only about 50% of the bottom 25% do.\\nSurprisingly, more than half of Americans who get paid vacation days don’t even take all of their time off. These employees might juggle multiple jobs and can’t get paid days off for each position. Some can’t afford to go on vacation anyways. Others have to take care of their children or are afraid to go on vacation. Only 41% of individuals that work at businesses with paid-vacation policies say their organizations actually encourage them to take advantage of their time off. In an economy with precarious job security, many workers think it isn’t worth the risk of missing important deadlines, sabotaging projects, or upsetting supervisors to take days off. Perhaps this is why even when Americans decide to go on vacation, more than half “feel tense” while they’re away or end up working anyways.\\nPaid Vacations Across the World\\nIn stark contrast, the European Union (EU) promises workers four weeks or 20 paid days of vacation per year. Spain is the most generous country, providing at least 30 days of paid time off for each employee. Similarly, New Zealanders receive four weeks of paid annual leave after a year of employment. Workers in the UK receive at least 5.6 weeks or 28 days of time off. Individuals in Austria, Denmark, Sweden, France, South Africa, and Canada are all entitled to similar amounts of vacation time.\\nSeek Legal Assistance\\nIf your employer is retaliating against you for taking contractually-promised days off, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646)430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In this 80 to 90-degree weather, many Americans are anticipating their annual Summer vacation. Unfortunately, about one in four Americans won’t get paid for their vacation time. A study published by the Center for Economic and Policy Research says that the U.S. is the only nation of the 21 richest countries in the world that does&hellip;</p>\\n"},{"id":8281,"path":"/blog/nycs-equal-pay-bill-a-symbolic-gesture-to-uswnt","slug":"nycs-equal-pay-bill-a-symbolic-gesture-to-uswnt","modified":"2019-07-26T17:10:53","title":"NYC’s Equal Pay Bill: A Symbolic Gesture to USWNT","content":"The New York state legislature passed a bill which will broaden the qualifications for wage discrimination claims to ensure equal pay for men and women of all protected classes. The bill was signed by Governor Andrew Cuomo during the #USWNTParade in New York City as a gesture of support to the U.S. women’s soccer team.\\nThe Pay Equity Bill significantly changes two components of New York’s equal pay laws which were last updated in 2015. First, the bill lessens the burden of proof for wage discrimination claims. It does so by ensuring equal pay for employees that perform equal work and those that perform “substantially similar work, when viewed as a composite of skill, effort, and responsibility and performed under similar working conditions. This stipulation addresses the fact that New York’s “equal pay for equal work” policy has been accused of upholding a narrow interpretation of wage discrimination. Second, the bill will broaden the protected classes that can claim wage discrimination from “sex, race, and/or national origin,” to “age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, genetic characteristics, familial status, marital status, and domestic violence victim status.”\\nThe Salary History Bill\\nThe Salary History Bill, enacted in mid-June, goes hand in hand with the Pay Equity Bill. The bill will prohibit New York employers from asking about an employee’s salary history to decide whether to offer him/her a job or establish his/her new pay. Further, an employer will not be able to retaliate against a job candidate or employee who refuses to provide their salary history. Labor advocates claim that the salary history tactic has perpetuated gender-based wage discrimination because women receive 6.6% less than men immediately out of college.\\nSupporting #USWNT\\nNew York Governor Andrew Cuomo announced the equal pay bill at the #USWNTParade on Twitter in support of the US women’s soccer team’s demand for equal pay. This past March, 28 members of the US women’s soccer team filed a federal gender discrimination lawsuit against the U.S. Soccer Federation. I just signed new pay equity legislation at the #USWNTParade, the tweet says. The womens soccer team plays the same game that the mens soccer players play — only better. If anything, the men should get paid less. Thank you @USWNT for helping lead this movement for change!\\nCuomo stole the thunder from Mayor de Blasio, who promised to sign an executive order guaranteeing equal pay for men and women athletes on CNN around the same time. He also explained that he would pressure Congress to amend the Amateur Sports Act. De Blasio said that if these two actions failed, he would sign an executive order that would “force” the U.S. Soccer Federation to provide equal pay.\\nSeek Legal Assistance\\nIf you are the victim of wage discrimination, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646)430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The New York state legislature passed a bill which will broaden the qualifications for wage discrimination claims to ensure equal pay for men and women of all protected classes.  The bill was signed by Governor Andrew Cuomo during the #USWNTParade in New York City as a gesture of support to the U.S. women’s soccer team.&hellip;</p>\\n"},{"id":8271,"path":"/blog/tesla-purges-whistleblowers","slug":"tesla-purges-whistleblowers","modified":"2019-07-25T18:23:04","title":"Tesla Purges Whistleblowers","content":"Karl Hansen, an ex-security employee at Tesla’s GigaFactory in Nevada, filed a lawsuit against the car manufacturer on Friday, July 19th claiming retaliation, gross misconduct, interference with the ability to find work, drug trafficking, and more. Hansen’s story lays claim to Tesla’s systematic retaliation against employees that tarnish its name. Employees have accused Tesla, of safety violations, sexual harassment, and wage discrimination; but Tesla has silenced every employee that has voiced his/her concerns.\\nHansen’s Claims against Tesla\\nHansen filed a whistleblower tip last August with the Securities and Exchange Commission. He claimed that Tesla installed router equipment in its Nevada Gigafactory to capture employee cell phone communications and data. Hansen also alleged that Tesla told him not to report its ties to a Mexican drug cartel. In fact, Tesla had previously been notified by the DEA and Sheriff’s County that a subcontractor may be a participant in a narcotics trafficking ring” involving the sale of cocaine and crystal methamphetamine on behalf of a Mexican drug cartel. Finally, Hansen claims that Tesla told him not to report Tesla’s $37 million in stolen raw materials. Hansen, who anticipated his own termination due to Tesla’s pattern of purging whistleblowers, was fired on July 16, 2018.\\nTesla Fires the Messenger\\nHansen isn’t the only one who has been fired for challenging Elon Musk. In June 2018, Tesla’s Director of Environment, Health, Safety, and Sustainability was terminated after accusing the company of failing to report work injuries in order to lower their official injury rate, avoid treatment costs, and circumvent worker’s compensation payments. The Director also claims that Tesla told him not to report other employees who made “derogatory” comments to him about his race and national origin. Tesla has faced a number of similar allegations. In 2017, a class of black workers who were called the “n-word” by their supervisors sued Tesla. The same year, one of the only female engineers sued the automotive company for paying her less money than her male counterparts and ignoring her complaints of “pervasive harassment.” In 2018, three employees sued Tesla for sexual, age, and sexual orientation discrimination and harassment. Other employees called one of the accusers “‘bitch,’ ‘pussy’ and ‘faggot,’” on multiple occasions. Not only did Tesla ignore all of these workers’ complains, but the company immediately retaliated against them with termination.\\nWhat are Whistleblowers’ Rights?\\nAccording to the Equal Employment Opportunity Commission, it is illegal to retaliate (fire, demote, or punish) against an employee for making a discrimination complaint. The EEOC suggests managers keep EEOC allegations private, avoid interfering with the EEOC process and provide accurate information to the EEOC judge.\\nSeek Legal Assistance\\nIf you are the victim of retaliation, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646)430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Karl Hansen, an ex-security employee at Tesla’s GigaFactory in Nevada, filed a lawsuit against the car manufacturer on Friday, July 19th claiming retaliation, gross misconduct, interference with the ability to find work, drug trafficking, and more.  Hansen’s story lays claim to Tesla’s systematic retaliation against employees that tarnish its name.  Employees have accused Tesla, of&hellip;</p>\\n"},{"id":8277,"path":"/blog/people-today-will-live-up-to-150-years-old-how-will-this-change-affect-age-discrimination","slug":"people-today-will-live-up-to-150-years-old-how-will-this-change-affect-age-discrimination","modified":"2019-07-25T14:56:55","title":"People Today Will Live Up To 150 Years Old: How Will This Change Affect Age Discrimination?","content":"Siegfried Hekimi, a professor of biology at McGill University, has argued that it’s inevitable that some people alive today will live into their 150s. This increase in life expectancy will likely change how we view age discrimination. According to modern records, Jeanne Calment is the oldest person who ever lived, having died in 1997 at the age of 122. Hekimi and other scientists agree that advancements over the past century, such as hygiene, vaccinations, food safety, and nutrition, explain the increase in life expectancy. The oldest among us today have not fully benefited from these advancements throughout their entire lives. Scientists argue that younger people who grew up in a world with these innovations can expect to see massive increases in life expectancy.\\nCurrent Age Discrimination Laws\\nAge discrimination is currently on the rise as baby boomers reach retirement age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination in the workplace against employees who are age 40 or older. The law forbids discrimination in any area of employment, including but not limited to, hiring, firing, pay, promotions, layoff, and training. The law also prohibits harassment on the basis of age in the workplace. Harassment must be so frequent or severe that it creates a hostile workplace or results in an adverse employment action, such as a termination on the basis of age. If you have suffered from age discrimination in the workplace, you should seek the help of an experienced employment attorney.\\nHow The Law Might Change As Life Expectancy Increases\\nIf people start living to be 150 years old, then 40 years old might start to seem too young for age discrimination. Federal law only outlaws discrimination on the basis of old age, not young age. So, we can expect the age requirement for discrimination to increase as life expectancy goes up. Additionally, we will also likely see the retirement age increase. Currently, the retirement age to receive full Social Security benefits is either 66 or 67, depending on the year you were born. If life expectancy increases to 150, then we can expect that people would keep working well into their 70s and 80s. A final change we may see as life expectancy increases is more frequent second, third, and fourth careers. Over the course of a person’s lifetime, technology advances and some careers become obsolete. With people staying in the workforce longer, it may become common for older people to switch careers in order to adapt to such technological changes.\\nSeek Legal Assistance\\nIf you have experienced age discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Siegfried Hekimi, a professor of biology at McGill University, has argued that it’s inevitable that some people alive today will live into their 150s. This increase in life expectancy will likely change how we view age discrimination. According to modern records, Jeanne Calment is the oldest person who ever lived, having died in 1997 at&hellip;</p>\\n"},{"id":8249,"path":"/blog/men-only-job-advertisements-in-china-cause-outrage","slug":"men-only-job-advertisements-in-china-cause-outrage","modified":"2019-07-24T14:17:07","title":"“Men-Only” Job Advertisements In China Cause Outrage","content":"Employers in China routinely ask female job candidates discriminatory questions on job applications, such as whether a woman is married or has children. Some companies even make female employees sign special agreements to not get pregnant for a certain amount of time. Although these practices are technically illegal in China, they are increasingly common. With China facing an aging crisis because of its previous one-child policy, there is a movement to stimulate a baby boom. Some argue that this movement is pushing traditional gender roles on women, thereby excluding them from the workplace. \\nMovement To Preserve The Family Unit In China\\nThirty years ago, Chinese women earned roughly 80% of what men earned on average. By 2010, this wage gap increased to 67% in Chinese cities and 56% in the countryside. Over the previous decade, China’s placement in the global gender gap index, created by the World Economic Forum, has also decreased — from 57th to 103rd out of a total of 139 countries. President Xi Jinping has encouraged Chinese women to embrace their “unique role” in family life and “shoulder the responsibility of taking care of the old and young, as well as educating children.” Some are pointing out that China used to be a leader in gender equality in the workforce. For example, China had one of the highest percentage rates of female labor force participation in the world in 1990 with nearly 75% of women represented in the workforce. Now, only 61 percent of Chinese women work outside the home. \\nMen-Only Job Advertisements\\nAlthough it’s illegal to discriminate in hiring on the basis of sex in China, several job advertisements have specifically listed “men-preferred” or “men-only” positions. Even government agencies have advertised such positions. For example, the Human Rights Watch found that one Beijing ministry posted “men only” stipulations in over half the positions posted over the course of a year. Overall, there are roughly 31 million more men in China than women. This national gender imbalance was due to the one-child policy and sex-selective abortions of unborn girls.\\nGender Discrimination in the United States\\nFortunately, gender discrimination laws in the United States appear to be more strongly enforced than those in China. U.S. law prevents discrimination on the basis of sex in all aspects of employment, including but not limited to, hiring, firing, pay, job assignments, promotions, layoff, training, or fringe benefits. If you have been discriminated on the basis of sex in the United States, you should seek assistance from an experienced employment lawyer. \\nSeek Legal Assistance\\nIf you have experienced gender discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Employers in China routinely ask female job candidates discriminatory questions on job applications, such as whether a woman is married or has children. Some companies even make female employees sign special agreements to not get pregnant for a certain amount of time. Although these practices are technically illegal in China, they are increasingly common. With&hellip;</p>\\n"},{"id":8224,"path":"/blog/ogilvy-employees-petition-their-12-7-million-contract-with-customs-and-border-protection","slug":"ogilvy-employees-petition-their-12-7-million-contract-with-customs-and-border-protection","modified":"2019-07-22T19:08:43","title":"Ogilvy Employees Petition their $12.7 Million Contract with Customs and Border Protection","content":"Ogilvy employees are furious over the NYC-based advertising agency’s $12.7 million contract with US Customs and Border Protection. A leaked recording of a meeting between the firm’s CEO, John Seifert, and its public relations representatives reveals the staff’s discomfort with “[working] with companies that are allowing children to die and that are running concentration camps.” Even employees of an agency that has controversially advertised for BP, Coca-Cola, Boeing, and tobacco companies are drawing a line here. They explain that this account “feels different” because Ogilvy will have “human lives on [its] hands.”\\nOgilvy Accused of Publishing “State Propaganda”\\nOgilvy was accused of creating a recent CBP advertisement that was effectively, untruthful “state propaganda.” In the video, chief patrol officer Roy Villareal “dispels some of the misinformation out there on … detention centers” and shows the conditions of an uninhabited detention facility. 24 hours earlier, the Department of Homeland Security issued a warning about “dangerous overcrowding” and “squalid” living environments in the CBP centers. While Ogilvy clarified that they did not make the video, employees began sharing their confusion and discontent on an online messaging board called Fishbowl. They used this platform to organize a petition letter signed by 40 Ogilvy workers and sent to Ogilvy’s management on July 8th. \\nDrawing the Line \\nCEO John Seifert justified Ogilvy’s involvement with CBP to his employees. He explained that CBP is not “intended to be a bad organization and do harm to people,” but is simply “overwhelmed by a group of politicians who do not have an effective immigration policy.” Seifert argued that if Ogilvy adopted a “black-and-white view” of the world and refused to work with every organization that has faults, they would have no place in the advertising industry. After all, Seifert says, it is their job and the jobs of all advertisers to mitigate the bad side of every client. \\nHowever, as an agency that advises its clients to forge “ethical” brands, employees left the meeting unsure of what Ogilvy’s values are. One employee reflected on the meeting: “I wanted to hear some kind of humanity. The entire time it was about money and clients. But at the end of the day, people are dying at the hands of our clients.”\\nCan these employees be fired?\\nThe dissatisfied employees asked BuzzFeed to remain anonymous because they feared termination. However, according to the National Labor Relations Act it is illegal for an employer to retaliate against an employee for complaining about his or her wages, hours or working conditions on social media. Therefore, the act protects the employees’ FishBowl conversations and leaked meeting conversations, so long as they do not include false or misleading information about Ogilvy. \\nSeek Legal Assistance \\nIf your employee is retaliating against you for social media complaints, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646)430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Ogilvy employees are furious over the NYC-based advertising agency’s $12.7 million contract with US Customs and Border Protection.  A leaked recording of a meeting between the firm’s CEO, John Seifert, and its public relations representatives reveals the staff’s discomfort with “[working] with companies that are allowing children to die and that are running concentration camps.” &hellip;</p>\\n"},{"id":8233,"path":"/blog/keep-ya-head-up-jerry-termination-for-loving-rap","slug":"keep-ya-head-up-jerry-termination-for-loving-rap","modified":"2019-07-22T15:25:42","title":"Keep Ya Head Up, Jerry: Termination for Loving Rap?","content":"Dear Jerry, \\nThere ain’t no way we can get your job back, but the plan is to show you that we understand. You’re appreciated. \\nAll eyez are on Iowa after the possibly-biased termination of Jerry Foxhaven, the former head of the state’s Department of Human Services. The controversy revolves around the unusual timing of Jerry’s notification that he would be expected to resign; the news was delivered the day after one of Jerry’s favorite holidays, the birthday of the late rapper Tupac Shakur. Jerry had celebrated the holiday with an office-wide email citing the day’s importance and including a quote from one of the rapper’s songs. The email went to more than 4,000 recipients. The next day, Jerry was notified of his immediate termination, without being granted notice, explanation, or the usual meeting with Iowa Gov. Kim Reynolds. With a prescient wisdom reminiscent of the rapper himself, Jerry’s last office-wide email wrote, “Pay no mind to those who talk behind your back. It simply means that you are 2 steps ahead.” \\nAs it turns out, Tupac inspired many aspects of Jerry’s leadership strategy while he led the Department. NPR reports that he regularly held “Tupac Fridays,” when the rapper’s music would be played in the office to celebrate the end of the week. Tupac’s poetry frequented Jerry’s email messages; for every holiday and office milestone, there was a corresponding lyric. While Jerry admits he was aware of at least one employee who was put off by the references, he received a lot of positive feedback and was well-liked among the other Department bureaucrats. “You are such a breath of fresh air, Jerry,” one employee wrote in response to a 2Pac-heavy email. Jerry explains that his devotion stemmed from a larger purpose: “It is important for us to break down stereotypes,” he explained. “If you listen to rap music you’re a criminal or dangerous. It’s not true at all.” \\nIowa Gov. Reynolds denies that the termination was a direct result of the 2Pac references, saying it was instead the outcome of “a number of factors.” The unusual circumstances and timing of the termination have raised eyebrows across the country nonetheless. To Jerry, we will leave you with the wise words of the Late-and-Great himself: “Now who’s to say if I was right or wrong to live my life as an outlaw all along? Remain strong in this planet full of playa haters.” \\nSeek Legal Assistance for Wrongful Termination\\nIf you think youve experienced wrongful termination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Dear Jerry,  There ain’t no way we can get your job back, but the plan is to show you that we understand. You’re appreciated.  All eyez are on Iowa after the possibly-biased termination of Jerry Foxhaven, the former head of the state’s Department of Human Services. The controversy revolves around the unusual timing of Jerry’s&hellip;</p>\\n"},{"id":8229,"path":"/blog/are-trumps-tweets-illegal-discrimination","slug":"are-trumps-tweets-illegal-discrimination","modified":"2019-07-22T13:59:55","title":"Are Trump’s Tweets Illegal Discrimination?","content":"President Trump recently sent out a series of controversial tweets. In his statements, Trump targeted “progressive congresswomen,” which many have later interpreted to refer to Ilhan Omar of Minnesota, Alexandria Ocasio-Cortez of New York, Rashida Tlaib of Michigan, and Ayanna Pressley of Massachusetts. In this series of tweets, President Trump says that these congresswomen should “go back and help fix the totally broken and crime infested places from which they came.” Congresswoman Omar was born in Somalia, and the other three women mentioned were born in the United States. However, all four of the women are U.S. citizens. Many public figures have since denounced the president’s tweets, labeling them as racist and un-American.\\nPresident Trump’s Tweets May Be Illegal\\nDiscrimination on the basis of national origin is illegal in the workplace. Since the president’s controversial tweets, many are turning to the U.S. Equal Employment Opportunity Commission’s (EEOC) standards on what qualifies as discrimination in the workplace. The EEOC cites the phrase go back to where you came from as an example of the kind of language that can violate anti-discrimination employment laws. Other examples of potentially illegal comments include insults, taunting, or ethnic epithets, such as making fun of a person’s foreign accent. In order for verbal comments about nationality to qualify as illegal discrimination, comments must also be “severe or pervasive and create an intimidating, hostile or offensive working environment, interfere with work performance, or negatively affect job opportunities. Some have pointed out that these laws do not apply to President Trump, since these congresswomen are not directly his employees.\\nThe House Votes To Condemn President Trump’s Tweets\\nLast week, the House voted to formally condemn President Trumps offensive tweets. The House resolution condemned the tweets as racist comments which have legitimized and increased fear and hatred of new Americans and people of color. Notably, this resolution is the first time the House has formally denounced a president’s comments in more than 100 years. Some in the Senate have also been outspoken in criticizing the president’s comments. Senator Tim Kaine of Virginia pointed out the violation in the EEOC’s standards when he said, “The EEOC cites ‘go back to where you came from’ as a classic form of discrimination that violates civil rights. The President’s bigoted words are so contrary to who we are as a country that we literally have laws against them.”\\nSeek Legal Assistance\\nIf you have experienced discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>President Trump recently sent out a series of controversial tweets. In his statements, Trump targeted “progressive congresswomen,” which many have later interpreted to refer to Ilhan Omar of Minnesota, Alexandria Ocasio-Cortez of New York, Rashida Tlaib of Michigan, and Ayanna Pressley of Massachusetts. In this series of tweets, President Trump says that these congresswomen should&hellip;</p>\\n"},{"id":8209,"path":"/blog/amazon-to-retrain-100000-employees-maybe-robots-wont-take-our-jobs","slug":"amazon-to-retrain-100000-employees-maybe-robots-wont-take-our-jobs","modified":"2019-07-19T20:25:25","title":"Amazon to Retrain 100,000 Employees:  Maybe Robots Won’t Take our Jobs?","content":"Amazon announced that it will begin one of the world’s largest voluntary and free employee-retraining efforts for about 100,000 workers, one-third of its workforce. The company will invest $700 million in employees across the company–everyone from warehouse workers to corporate executives–to help them fill technical roles within Amazon or career paths outside of Amazon by 2025. Unlike some government programs, Amazon isn’t attempting to retrain warehouse workers as software engineers. Instead, it aims to gradually move employees up the corporate ladder in its most valuable sectors: data science, security engineering, and business analysis. The program is an acknowledgement that low skill workers, particularly above the age of 40, must adapt to our rapidly changing technological world or risk losing their jobs to automation. \\nTech Companies Compete for the Brightest Workers\\nAmazon’s primary motive for inward investment is likely the competition for employees in the US that have technical skills. With a 3.8% unemployment rate, more job openings than unemployed people, and a small selection of high-skilled workers, Amazon and other tech giants are competing over a handful of US workers with the appropriate technical qualifications. In effect, businesses like Walmart and Target have implemented more employee benefits to lure talent. Companies have also eased job eligibility with less demanding qualifications. For example, Amazon has lowered education requirements, it hires individuals with criminal records, and it waives drug testing. As a billion dollar company that has been accused of treating its employees like “robots” and maintaining poor working conditions, Amazon’s retraining policy in addition to its other new employee benefits have the potential to alter an ugly narrative. Last year, Amazon raised its minimum wage to $15 and now it is offering up to 95% of tuition for degrees in high-demand professions. \\nWill Robots Steal Your Job?\\nAmazon’s retraining policy also addresses a fear among low skilled workers that robots will soon displace them. 7 million people have already lost their jobs to automation and McKinsey Global Institute predicts that up to one-third of Americans will have to change occupations by 2030 for the same reason. The report adds that 50% of current work tasks are automatable by technologies that already exist. Automation will affect industries like production, food service, transportation, administration, and construction. In terms of demographic affect, artificial intelligence will primarily impact people aged 16-24 and 55-65, as well as Hispanics, American Indians, and African Americans. Some experts argue that robots will have a “net positive” effect on jobs, creating more positions than they eliminate. Regardless, the best step a company can take to prepare for the uncertain terrain ahead is re-skilling its workforce. \\nSeek Legal Assistance \\nIf you are the victim of age discrimination or wrongful termination, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646)430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Amazon announced that it will begin one of the world’s largest voluntary and free employee-retraining efforts for about 100,000 workers, one-third of its workforce.  The company will invest $700 million in employees across the company–everyone from warehouse workers to corporate executives–to help them fill technical roles within Amazon or career paths outside of Amazon by&hellip;</p>\\n"},{"id":8214,"path":"/blog/should-i-disclose-my-disability-to-my-employer-how","slug":"should-i-disclose-my-disability-to-my-employer-how","modified":"2019-07-19T13:52:19","title":"Should I Disclose My Disability to My Employer? How?","content":"Many Americans live with both visible and invisible disabilities that pose unique challenges to the workplace environment. If your disability isn’t immediately visible when you walk into a room, you probably consider whether or not you should disclose your disability to your employer. Disclosing your disability allows you to be authentically yourself at work and ensures your civil rights protections. However, this disclosure also opens up the possibility of illegal workplace discrimination. Yet, continuously hiding your disability may take an emotional toll and prevent you from performing your best at work. \\nUnderstanding The Americans With Disabilities Act\\nThe Americans with Disabilities Act states that employers cannot discriminate against job applicants or employees on the basis of disability. Under the A.D.A., employers with over 15 employees are required to provide reasonable accommodations to people who disclose a disability, which the law defines as “a physical or mental impairment that substantially limits one or more major life activities.” If your disability isn’t immediately visible, then you may have to provide your employer with medical documentation to prove that you need a reasonable accommodation. Just because you have a reasonable accommodation doesn’t mean you won’t be working or will be significantly less productive than other employees. It simply means that the way in which you work will look different than the way non-disabled employees work. \\nWhat Is Considered A “Reasonable” Accommodation?\\nJust because you are legally entitled to a reasonable accommodation does not mean you will necessarily get the accommodation that you want. However, your employer is legally required to engage in a discussion with you about why you need a reasonable accommodation. An employer may offer another accommodation as an alternative to the one you initially suggested. As long as your accommodation allows you to perform your job without undue hardship on you or the business, your employer must accommodate you. \\nDiscrimination When Disclosing\\nOf course, if you choose to disclose your disability to your employer, you may face illegal workplace disability discrimination. However, not disclosing your disability is also a risk. If you do not ask for a necessary reasonable accommodation, you likely won’t be performing your best at work. Fortunately, it’s illegal to discriminate in all aspects of employment, including but not limited to, layoffs, promotions, pay, job assignments, hiring, and firing. If you have faced discrimination after disclosing your disability to your employer, you should contact an experienced employment attorney.\\nSeek Legal Assistance\\nIf you have experienced disability discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Many Americans live with both visible and invisible disabilities that pose unique challenges to the workplace environment. If your disability isn’t immediately visible when you walk into a room, you probably consider whether or not you should disclose your disability to your employer. Disclosing your disability allows you to be authentically yourself at work and&hellip;</p>\\n"},{"id":8206,"path":"/blog/can-your-employer-fire-you-for-raiding-area-51","slug":"can-your-employer-fire-you-for-raiding-area-51","modified":"2019-07-18T14:09:57","title":"Can Your Employer Fire You For Raiding Area 51?","content":"Currently, over 1.4 million people have signed up for a Facebook event on September 20th to storm Area 51 and “see them aliens.” Nevada’s Area 51-inspired Little A’Le’Inn hotel has been fully booked on this date. With many people seriously contemplating storming Area 51, we ought to consider the potential employment consequences you will face if you partake in the raid. \\nWhat If The U.S. Military Catches You?\\nThe military has issued a strong warning to those who plan to storm Area 51. A representative from the U.S. Air Force warned that “any attempt to illegally access military installations or military training areas is dangerous.” Additionally, the “no trespassing” signs at Area 51 authorize the use of “deadly force” against intruders. If you die in the raid, it’s unlikely that you can return to work as a ghost. Assuming you make it out alive, there’s a good chance that the U.S. military catches you. The penalty for trespassing includes fines and jail time. Even if you don’t tell your boss that you’re going to jail, criminal records are public and he or she will notice your absence eventually. In most cases, your employer can terminate you due to incarceration. \\nOkay, But What If I Don’t Get Caught Raiding Area 51?\\nLet’s say you don’t get caught and you make it out of Area 51 with your new pet alien. Monday rolls around, and it’s time for you to go back to work. You set up everything for your pet alien at home while you’re gone for the day. He’s got a good supply of snacks and reality TV. When you get back to the office, you eagerly tell everyone about your new pet alien and your thrilling adventure into Area 51. Out of nowhere, your employer fires you for raiding Area 51! Unfortunately, if you are an at-will employee, your employer can fire you for conduct when you are off-duty and outside of work. “At-will” means that your boss can terminate you at any time for almost any reason, no reason at all, or for a bad reason, as long as the reason is not illegal. An example of an illegal reason to terminate someone is discrimination. People are legally protected from discrimination on the basis of race, religion, sex, disability, and other categories. Alien status, however, is not a protected discrimination status. However, if the Area 51 raid is successful, then we may see new legislation to protect the civil rights of aliens. \\nSeek Legal Assistance\\nIf you have been wrongfully terminated, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Currently, over 1.4 million people have signed up for a Facebook event on September 20th to storm Area 51 and “see them aliens.” Nevada’s Area 51-inspired Little A’Le’Inn hotel has been fully booked on this date. With many people seriously contemplating storming Area 51, we ought to consider the potential employment consequences you will face&hellip;</p>\\n"},{"id":8200,"path":"/blog/bikini-baristas-are-forced-to-cover-up-is-this-a-freedom-of-expression-dispute","slug":"bikini-baristas-are-forced-to-cover-up-is-this-a-freedom-of-expression-dispute","modified":"2019-07-17T20:23:24","title":"“Bikini Baristas” are Forced to Cover Up: Is this a Freedom of Expression Dispute?","content":"The Ninth Circuit Court of Appeals has ruled to enforce the City of Everett, Washington’s dress code law and amendment to the Lewd Conduct Ordinances. The amendment requires employees of “quick service areas” to cover minimum body area (breasts, torso, and top three inches of leg below the buttocks). It was designed to target a rise in Washington’s bikini baristas stands, a recent trend spanning numerous mid-western states. At these stands, women wear lingerie, thongs, and skimpy swimwear while they serve coffee at roadside huts. Hillbilly Hotties, a local bikini barista stop, challenged the ordinance as unconstitutionally vague and a violation of their employees’ First Amendment right to freedom of speech and expression.\\nBikini Baristas and Body Positivity?\\nThe Ninth Circuit Court of Appeals ruled that a person of average intelligence can understand the ordinance’s terms, so it cannot be considered unconstitutionally ambiguous. The bikini baristas argued that their attire was a form of expression because it empowered them as women and conveyed a message of body positivity. However, the court found that wearing G-strings and pasties in close proximity to predominantly male customers did not necessarily convey the bikini baristas message of female empowerment. One circuit judge said that the message seemed more like “I’m sexually available.” The court added that they have a right to enforce a dress code to combat illegal sexual conduct. After all, bikini barista stands have a notorious history of sexual exploitation, sexual harassment, and prostitution.\\nA Bikini Barista’s Thoughts\\nAmanda Powell, a bikini barista at Hillbilly Hotties, says she enjoys the money, freedom, and confidence that her job affords her. She thinks she “should be able to choose to work [there] as [she] pleases.” Powell is a 24-year old student of international relations and political science in Seattle that used to juggle two retail jobs and her college classes. Now she works 25 hours a week, makes more money than many of her friends in full-time positions, and is able to “focus on school.” She gets $100 of tips a day as well as Washington’s minimum wage of $11.50. \\n Powell also says she loves what she does. “I’ve always had a lot of issues with my self-confidence,” she says. “I struggled with eating disorders and went through years of therapy trying to fix my issues. Working here for six years has done more for me mentally and emotionally than years of therapy ever did.” While she says that her customers are, for the most part, “normal everyday guys,” the most difficult aspect of her job is dealing with stalkers, men who expose themselves, and customers who become aggressive when she won’t meet up with them after work.\\nSeek Legal Assistance\\nIf you are the victim of sexual harassment or discrimination, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Ninth Circuit Court of Appeals has ruled to enforce the City of Everett, Washington’s dress code law and amendment to the Lewd Conduct Ordinances. The amendment requires employees of “quick service areas” to cover minimum body area (breasts, torso, and top three inches of leg below the buttocks).  It was designed to target a&hellip;</p>\\n"},{"id":8190,"path":"/blog/the-national-domestic-workers-bill-of-rights-combats-institutional-racism","slug":"the-national-domestic-workers-bill-of-rights-combats-institutional-racism","modified":"2019-07-17T13:58:11","title":"The National Domestic Workers’ Bill of Rights Combats Institutional Racism","content":"Domestic workers like nannies, house cleaners, and home carers may finally be protected by basic federal labor law. Senator Kamala Harris and Representative Pramila Jayapal introduce the National Domestic Workers’ Bill of Rights this week to provide long overdue rights for domestic employees. The bill would require employers to provide domestic employees with a written agreement outlining expectations for pay, duties, schedule, and time-off. It would mandate employers to give live-in nannies a written termination notice and 30 days of lodging or severance pay. Additionally, the bill would allow domestic workers to earn up to seven paid sick days and would protect them in the event of discrimination based on their sex, race, religion, or national origin. While eight states and one municipality have already implemented rights for domestic workers, this bill would force all states to comply, impacting 2.5 million domestic workers. \\nPeople of Color are excluded from Labor Rights \\nWomen, immigrants, and people of color comprise 95% of the domestic workforce. Therefore, the National Domestic Workers’ Bill addresses the fact that lawmakers have historically barred these demographics from labor rights and protections. For example, legislators intentionally excluded domestic and farm workers from the New Deal era labor laws in the 1930s. Southern congressmen would not support the National Labor Relations Act or the Fair Labor Standards Act if they protected these professions that predominantly consisted of African Americans. In turn, the New Deal perpetuated cheap minority labor and economic servitude in the South by denying certain jobs (those held by African Americans) from a right to union involvement, minimum wage, overtime pay, and more. \\nFurther, the Civil Rights Act of 1964 prohibited discrimination and sexual harassment, but did not apply to employers with less than 15 employees. This loophole inadvertently excluded domestic employees, making it technically legal for employers to sexually harass them. Similarly, the Occupation and Health Act of 1970, mandated safe working conditions for all workers except domestic employees. Not only do these exclusions have roots in America’s legacy of slavery, but they disparage professions traditionally held by women, deeming caring work as not “real” work that deserves federal protection.\\nNew Yorks Domestic Workers’ Bill of Rights\\nIf you are a domestic worker in New York, the Domestic Workers’ Bill of Rights protects you from workplace abuses. For example, you have the right to time and one-half for overtime, a day of rest or overtime pay every seven days, three paid days of rest every year, and protection under New York State Human Rights laws. In the eight states where this bill is enacted, lawmakers have sent a message that home carers, nannies, and cleaners deserve equal respect and dignity. \\nSeek Legal Assistance \\nIf you are a domestic worker and have experienced labor law violations, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646)430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Domestic workers like nannies, house cleaners, and home carers may finally be protected by basic federal labor law.  Senator Kamala Harris and Representative Pramila Jayapal introduce the National Domestic Workers’ Bill of Rights this week to provide long overdue rights for domestic employees.  The bill would require employers to provide domestic employees with a written&hellip;</p>\\n"},{"id":8193,"path":"/blog/snoop-dogg-says-u-s-womens-soccer-should-get-equal-pay","slug":"snoop-dogg-says-u-s-womens-soccer-should-get-equal-pay","modified":"2019-07-16T18:58:56","title":"Snoop Dogg Says U.S. Women’s Soccer Should Get Equal Pay","content":"Snoop Dogg had some harsh words to say about the fact that the U.S. Women’s soccer team earns less than the U.S. men’s team. Even though the women’s team consistently performs better than the men’s team internationally, they only get $90,000 per player when they win a game. However, if the men win, they get $500,000 per player. Snoop Dogg shared his thoughts on social media, saying “sorry ass fking men from the U.S. team may never win sh-t, aint ever win sh-t, cant even get out the fking first round,” he continued. “Man, pay them ladies, man. Pay the girls what theyre worth.” Snoop Dogg went on to say that the women should be getting $500,000 per athlete. Snoop Dogg says so . . . Yeah, Im rocking with that. Them girls have won four World Cups and $90,000? Man, please. Play them $500,000 a piece.\\nSnoop Dogg Agrees With U.S. Congress\\nSnoop Dogg is not alone in his criticism of the pay gap between the U.S. men’s and women’s teams. 50 members of Congress recently sent a letter to the president of the U.S. Soccer Federation to express their disapproval of the pay disparity between the teams. Congress members specifically criticized “the inequities in pay, publicity, and investment.” A few of the members of Congress who signed the letter were Ihlan Omar, Deb Haaland, Ted Lieu, and Sharice Davids. The letter pointed out that the pay inequality was “particularly questionable” because the women’s games have “generated more total revenue than U.S. Men’s games over the last three years.” Considering that the women’s team is bringing in more revenue and performing better internationally, it’s surprising that the men’s team still earns more.\\nSnoop Dogg Is An Advocate For Social Change\\nThis isn’t the first time Snoop Dogg has been an advocate for equality and social change in sports. He founded a youth football league to improve the lives of children in low-income areas. Netflix did a documentary on his team, entitled Coach Snoop. His more-recent equal pay advocacy is also gaining attention from Megan Rapinoe, a star-player on the U.S. Women’s Soccer Team. In an interview, Anderson Cooper asked Rapinoe whether she would bring Snoop to the lawsuit mediation with the U.S. Soccer Federation. “I think that’s probably the best strategic move,” Rapinoe responded. She continued, saying “we have a good team of lawyers, but we’re going to put them on the backburner for this.” \\nSeek Legal Assistance\\nIf you have experienced gender pay discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Snoop Dogg had some harsh words to say about the fact that the U.S. Women’s soccer team earns less than the U.S. men’s team. Even though the women’s team consistently performs better than the men’s team internationally, they only get $90,000 per player when they win a game. However, if the men win, they get&hellip;</p>\\n"},{"id":8186,"path":"/blog/burger-king-manager-told-to-go-back-to-mexico-for-speaking-spanish","slug":"burger-king-manager-told-to-go-back-to-mexico-for-speaking-spanish","modified":"2019-07-16T14:08:08","title":"Burger King Manager Told to ‘go back to Mexico’ for Speaking Spanish","content":"In a viral Facebook video posted on July 6th, two customers scolded a Puerto Rican Burger King manager, Richard Castillo, for speaking Spanish in a Burger King located in Eustis, Florida (40 miles north of Orlando). Richard Castillo was explaining something to a new employee in Spanish when two older women told him to “go back to Mexico.” The video currently has 22,000 views on social media.\\n“When you’re in America, you should speak American English,” one of the women told Castillo.\\n“No maam, I don’t,” Castillo replied.\\n“Yeah, yeah. Go back to Mexico if you want to keep speaking Spanish. Go back to your Mexican country, your state, your country,” the other woman says.\\n“Guess what, ma’am. I’m not Mexican. I’m not Mexican, but you’re being very prejudiced, and I want you out of my restaurant right now,” the manager responds.\\n“I’ll finish my meal, and then I’ll leave,” one woman continues.\\n“You know what? I’ll do it for you, ma’am. I’ll call the cops,” the manager tells the two women. The women eventually left the restaurant after Castillo called them prejudiced, ignorant, and disrespectful. Castillo said he has never experienced anything like that before. “I can’t believe that at this age there’s still people like that,” he said.\\nReactions\\nNeyzha Borrero, a Puerto Rican American who can speaks both English and Spanish, was eating with her boyfriend when she witnessed the heated dispute. When I heard, You cannot speak Spanish in public, I grabbed my phone and I was like, Hold up,\' Neyzha told NBC News. She published the video on social media with Castillo’s consent. Burger King quickly released a statement in response to the video on social media. “There is no place for discrimination in our restaurants, a Burger King spokesperson said. We expect employees and guests to treat each other with respect.”\\n87% of Fast-Food Workers are Abused\\nThe incident at Burger King is not an unusual phenomenon in the fast-food industry. In a 2018 survey, 87% of fast-food workers said they experienced abuse and aggression from customers. Some reported behaviors like spitting, throwing food, death threats, and sexual comments. Spanish speakers are particularly vulnerable to workplace abuse. Approximately one quarter of Hispanics said they have been criticized and discriminated against for speaking Spanish in public. Customer abuse violates civil rights and other statutes, so legislators and employers must work together to protect minimum wage workers from unacceptable aggression. Employers must implement policies, procedures, security, and training that urge employees to report this kind of behavior to the police and provide support in these situations. Police must prosecute abusive customers to the full extent of the law and legislators must enact more statutes to hold them accountable.\\nSeek Legal Assistance\\nIf you are the victim of racial or ethnic discrimination in the workplace, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In a viral Facebook video posted on July 6th, two customers scolded a Puerto Rican Burger King manager, Richard Castillo, for speaking Spanish in a Burger King located in Eustis, Florida (40 miles north of Orlando). Richard Castillo was explaining something to a new employee in Spanish when two older women told him to “go&hellip;</p>\\n"},{"id":8181,"path":"/blog/witch-sues-university-for-religious-discrimination","slug":"witch-sues-university-for-religious-discrimination","modified":"2019-07-15T13:52:50","title":"Witch Sues University for Religious Discrimination","content":"Pauline Hoffmann, a witch and professor at St. Bonaventure University in New York, has sued her employer for religious discrimination. Hoffman has been a self-identified witch and practicing Wiccan for over 20 years. She first began to feel discriminated against shortly after the Fall of 2011 when she told a university communications officer that student journalists would interview her about her Wiccan faith during Halloween. The following semester, the then-provost of the university asked her to sign a “morals clause,” which stated her promise to uphold the university’s Catholic values. \\nDouble Standard for Witch Professor\\nIn her recently filed lawsuit, Hoffman described several alleged instances of religious discrimination due to her Wiccanism. After she was asked to sign the morals clause, she became worried that she was being singled out for her religion. So, she asked if she would also have to sign the clause if she were Jewish. The provost allegedly responded, “I guess not.” On another occasion, the provost allegedly told her “You might not want to be so overt about being a witch if you want to move up.” Hoffman then asked a religious sister who also worked at the university if other employees had to sign the morals clause. Allegedly, the sister said the clause was just for Hoffman and that the university “took a big chance hiring you as a Wiccan.”\\nReligious Discrimination Law\\nTitle VII states that it’s unlawful “for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s . . . religion.” In response to Hoffman’s case, the Equal Employment Opportunity Commission stated that, regarding “Title VII, religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others.” So, even though Wicca is a smaller religion, Wiccans are still legally protected from religious discrimination in the workplace. However, an important fact for Hoffman’s case is that Title VII does not apply to religious educational institutions like St. Bonaventure University. However, there are other non-Catholic professors at the university who are not discriminated against, so it seems that Hoffman is being targeted for specifically being Wiccan. Therefore, the court may still rule in her favor. \\nSeek Legal Assistance\\nIf you have experienced religious discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Pauline Hoffmann, a witch and professor at St. Bonaventure University in New York, has sued her employer for religious discrimination. Hoffman has been a self-identified witch and practicing Wiccan for over 20 years. She first began to feel discriminated against shortly after the Fall of 2011 when she told a university communications officer that student&hellip;</p>\\n"},{"id":8167,"path":"/blog/olympic","slug":"olympic","modified":"2019-07-12T20:31:18","title":"Disgraced U.S. Olympic Chief of Staff Receives $2.4 Million in Severance Settlement","content":"Scott Blackmun, the former chief executive of the United States Olympic Committee, resigned under pressure last February after receiving criticism for not protecting gymnasts from the national team doctor’s sexual abuse. Last Wednesday, July 4, the United States Olympic and Paralympic Committee (USOPC) gave Blackmun a $2.4 million severance pay. Blackmun knew about the accusations against Dr. Larry Nassar, who has been given a 40-175 years in prison for sexually abusing more than 250 athletes, for more than a year before they were announced to the public in September 2016. Blackmun did not report, investigate, or attempt to stop Nassar’s behavior–effectively covering it up. During the time period that Blackmun did nothing, the New York Times identified 55 girls and women Nassar molested. \\nSusanne Lyons, the USOPC chairman of the board of directors, defended the severance pay in an official statement. Based “on the requirement for new leadership to guide the organization forward, as well as Blackmun’s serious health challenges, the board approved a separation agreement, as provided for in his contract,” said Ms. Lyons. The health challenges refer to Blackmun’s diagnosis with prostate cancer in January 2018, a month before his resignation.\\n“An ecosystem that facilitated his criminal acts”\\nIn December 2018, the Global law firm Ropes &amp; Gray published a 233-page report commissioned by the Olympic Committee on its ten-month investigation of Nassar’s sexual misconduct, the cultural conditions that accommodated it, and the individuals who were aware of his behavior, but did not speak up. The report accused the Olympic institution of being an “ecosystem that facilitated [Nassar’s] criminal acts” for almost 30 years. Executive staff adopted a strategy of concealment and secrecy to maintain their lofty salaries and reputations. \\nOlympic Leadership Change \\nThe report singled out three individuals in particular for their inaction: Scott Blackmun, Alan Ashely (the former Olympic’s Chief of Sports Performance), and Steve Penny (the former USA Olympics President). Not only did Penny and Blackmun sit on the knowledge of Nassar’s sexual abuse for a year and persuade gymnasts to keep his behavior quiet, but they also tampered with electronic evidence that could have incriminated Nassar. Penny was charged with a felony in October 2018, but Blackmun faced no legal repercussions. While the U.S. Olympics Committee initiated substantial leadership change to address these accusations, they awarded Blackmun and Penny with a combined severance pay-off of $3.4 million. John C. Manly, the lawyer representing 200 victims of Nassar’s sexual abuse, called the severance pay “vile” and “despicable.” “What kind of an organization gives somebody a multimillion-dollar bonus for protecting a child molester?” he told the New York Times. \\nSeek Legal Assistance \\nIf you have been the victim of sexual harassment in the workplace or have questions regarding severance pay, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Scott Blackmun, the former chief executive of the United States Olympic Committee, resigned under pressure last February after receiving criticism for not protecting gymnasts from the national team doctor’s sexual abuse. Last Wednesday, July 4, the United States Olympic and Paralympic Committee (USOPC) gave Blackmun a $2.4 million severance pay. Blackmun knew about the accusations&hellip;</p>\\n"},{"id":8171,"path":"/blog/u-s-womens-soccer-team-has-victory-parade-in-nyc-but-still-no-equal-pay","slug":"u-s-womens-soccer-team-has-victory-parade-in-nyc-but-still-no-equal-pay","modified":"2019-07-12T14:19:15","title":"U.S. Women’s Soccer Team Has Victory Parade in NYC, But Still No Equal Pay","content":"The U.S. women’s soccer team recently won the 2019 World Cup championship. Following their 2-0 win against the Netherlands, chants of “equal pay” erupted from the crowd. Although the U.S. women’s soccer team has consistently performed better in the world cup tournament than the U.S. men’s team, the women’s team earns lower salaries. A few months ago, the women’s team sued the U.S. Soccer Federation for gender discrimination in response to this pay disparity. Many are calling for the women’s team to have equal pay. Some, such as New York representative Alexandria Ocasio-Cortez, even say that the women’s team should earn more than the men’s team, since the women rank better internationally. \\nBlocking Men’s World Cup Funds Until Women Get Equal Pay\\nSenator Joe Manchin of West Virginia recently proposed a new bill that would withhold federal funding for the men’s World Cup until the women’s team achieves equal pay. The men’s funding in question is for the 2026 World Cup tournament, which the U.S. is co-hosting with Canada and Mexico. Explaining the need for his bill, Senator Manchin said, “The clear unequitable pay between the U.S. men’s and women’s soccer teams is unacceptable and I’m glad the U.S. Women’s Soccer Team latest victory is causing public outcry . . . they are the best in the world and deserve to be paid accordingly. The proposed bill would cut funding to the host cities and all participating organizations for the 2026 men’s World Cup.\\nExplaining the Gender Pay Disparity\\nThe women and men’s U.S. soccer teams have two different collective-bargaining agreements with the U.S. Soccer Federation, so making direct comparisons between the teams can be difficult. Also, the differences in revenue that the two teams bring in can also explain the pay disparity. For example, the total prize money for this year’s women’s World Cup was $30 million, with the winning team taking away roughly $4 million. The prize money for the men’s 2018 World Cup was $400 million, with the champions taking away $38 million. So, although the women’s total prize money is less than the men’s, the winning women’s team gets a higher percentage of their prize than the men. The vast differences in prize money can be explained by revenue differences. Last year’s men’s World Cup brought in roughly $6 billion, but this year’s women’s World Cup is projected to make about $130 million. However, starting in 2016, the U.S. women’s team began to outearn the men’s team in revenue. From 2016 to 2018, women’s team generated approximately $50.8 million in revenue, compared with $49.9 million for men’s games.\\nSeek Legal Assistance\\nIf you have experienced gender pay discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>The U.S. women’s soccer team recently won the 2019 World Cup championship. Following their 2-0 win against the Netherlands, chants of “equal pay” erupted from the crowd. Although the U.S. women’s soccer team has consistently performed better in the world cup tournament than the U.S. men’s team, the women’s team earns lower salaries. A few&hellip;</p>\\n"},{"id":8161,"path":"/blog/british-airways-crews-drunk-naked-antics-in-a-singapore-hotel","slug":"british-airways-crews-drunk-naked-antics-in-a-singapore-hotel","modified":"2019-07-11T15:51:46","title":"British Airways Crew’s ‘Drunk,’ ‘Naked’ Antics in a Singapore Hotel","content":"Three British Airways crew members reportedly streaked down the corridors of a Singapore hotel after a debauched game of spin the bottle in their rooms. An inside source has told news outlets that the crew smuggled alcohol from the plane to the hotel room for their layover after a 14-hour flight from Heathrow Airport. “There was snogging and stripping and fumbling between the crew, who were all naked,” said the source. Their drunk antics quickly inspired a dare to run down the hotel halls while knocking on doors of other guests. One of those guests was a British Airways official who was “disgusted” by their behavior. He reported the three crew members to their bosses in London who immediately sent them home to England. British Airways has suspended the crew members, saying in an official statement that they “do not tolerate unruly behavior by colleagues.” Sources claim that the two men and woman just wanted to “have a good time” during their layover stop which was designed to help the flight attendants recover from an exhausting trip, not to host a drunken party.\\nIn Singapore, Even Private Indecency is Criminalized\\nThe allegations against the BA crew members are particularly serious in Singapore, one of the world’s strictest authoritarian governments. In this extremely conservative society not only is appearing naked in public criminally liable, so is being seen naked in your own home or any other private place. Further, the scope for punishment is wide. Even being seen in your underwear could incur a penalty as it “offends public decency.” The punishment for crimes of indecency range from a $2,000 fine to three months in prison. However, the disturbed hotel guests did not report the British Airways crew members to Singapore’s local police, so they will not be subject to Singapores brutal justice system.\\nA Pattern of Inappropriate Behavior\\nAccording to inside sources, officials at the Singapore hotel are getting frustrated by what is now a pattern of inappropriate behavior displayed by British Airways crew members. In 2018, a crew member was arrested on suspicion of sexually assaulting a stewardess during a layover at the same Singapore hotel. The stewardess claims that her 46-year old, married colleague attacked her after a staff drink-party. British Airways flight attendants have said that sexual altercations and drinking after work-hours is not uncommon, but they stress that it is done discreetly. After all, the airline industry is notorious for sexual harassment claims that go unnoticed. In a recent survey, 68% of flight attendants reported that they have been sexually harassed during their careers, while only 7% reported the behavior to their employers.\\nSeek Legal Assistance\\nIf you have suffered from gender discrimination or sexual harassment in the workplace, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Three British Airways crew members reportedly streaked down the corridors of a Singapore hotel after a debauched game of spin the bottle in their rooms. An inside source has told news outlets that the crew smuggled alcohol from the plane to the hotel room for their layover after a 14-hour flight from Heathrow Airport.  “There&hellip;</p>\\n"},{"id":8157,"path":"/blog/italian-airline-removes-blackface-advertisement","slug":"italian-airline-removes-blackface-advertisement","modified":"2019-07-09T14:10:48","title":"Italian Airline Removes Blackface Advertisement","content":"Alitalia, an Italian airline, recently released a social media advertisement that contained an actor wearing blackface who was portraying former President Barack Obama. The advertisement was intended to promote the airline’s new non-stop flight from Rome to Washington D.C., but the airline has faced a social media backlash for using blackface. Many, particularly in the United States, consider blackface an inherently racist practice. The decision to use blackface raises questions of how non-white employees are treated by this airline. Additionally, many say that this decision reflects a lack of diversity within Alitalia’s marketing department.\\nAlitalia’s Response to Blackface Backlash\\nInitially, an Alitalia representative defended the advertisement, saying that the actor was not white and that “makeup was applied to highlight features.” Later, however, the airline apologized for using blackface and removed the ad from all its social media outlets. The airline released an additional statement, saying “Alitalia deeply apologizes for the offense caused by the promotional video on our new Washington route . . . for our company, respect for everyone is mandatory, it was never our intention to hurt anyone and we will learn from what has happened.”\\nOther Marketing Racial Faux-Pas\\nAlitalia is one of many companies to be recently accused of racial insensitivity. Just this month, Nike received backlash when it came out with a new sneaker that featured the 13 star American flag designed by Betsy Ross. Although many associate the flag with the revolutionary war, some consider the flag to be a symbol of racism and oppression. After this criticism, Nike pulled the sneaker. Prada, another Italian brand, faced backlash for charms of black monkeys with large red lips. Critics said that the charms perpetuated negative black stereotypes associated with blackface. Gucci, another Italian fashion brand, discontinued a black sweater with a print of large red lips for the same reason.\\nRacial Diversity and Inclusivity In the Workplace\\nMany argue that racial marketing missteps could easily be avoided with more racial diversity and inclusivity in the workplace. For example, an all-white marketing team may be unaware of the negative stereotypes associated with blackface. An employee who happens to be a racial minority may be more likely to spot issues of racial insensitivity and prevent a corporation from social media backlash. Therefore, racial inclusivity ought to be the ultimate goal in the workplace. In order to prevent these kinds of backlashes, corporations not only have to employ racially diverse workers, but also include them in decision-making. \\nSeek Legal Assistance\\nIf you have experienced racial discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Alitalia, an Italian airline, recently released a social media advertisement that contained an actor wearing blackface who was portraying former President Barack Obama. The advertisement was intended to promote the airline’s new non-stop flight from Rome to Washington D.C., but the airline has faced a social media backlash for using blackface. Many, particularly in the&hellip;</p>\\n"},{"id":8147,"path":"/blog/overtime","slug":"overtime","modified":"2019-07-08T16:26:54","title":"In Japan, Not Working Overtime is a Radical Notion","content":"A new hit show in Japan entitled, “I Will Not Work Overtime, Period!” has deeply resonated with a country that has a deadly national work ethic. In the popular television show, a young woman refuses to work past 6:00pm at her office job, a radical act in Japan. She clearly tells her employer that she will not allow her job to compromise her goal to raise a family.\\nThe show has prompted Japanese workers to reflect on their own struggles to find a work-life balance, a phenomenon that has persisted despite urges from the government and major corporations to reduce work hours. In 2017, Japan reported that more than one-quarter of employees worked more than 49 hours a week. In severe cases, long work hours led to death. Overwork caused 190 deaths in 2017 in the form of exhaustion, suicides, and heart attacks. The number of deaths from overwork, known as “karoshi” in Japanese, has remained at about this figure for a decade.\\nWhy do Japanese Employees Work Overtime?\\nJapanese workers have complex motivations for working overtime. Ms. Akeno, the writer of the novel that inspired “I Will Not Work Overtime, Period!” claims that Japan’s cultural attitudes are to blame. Ms. Akeno says, “what is considered honorable [in Japan] isn’t how much you achieve, but how you manage to never take a rest.” Not only does Japan’s unusual work ethic pressure employees to work long hours, but so do bosses who rely on overtime to reduce costs. As a result, managers are more likely to promote employees based on the number of hours that they billed, rather than the quality of work that they produced.\\nJapan’s Brutal Work Culture makes Global Headlines\\nJapan has made global news headlines in the past several years for its brutal work culture. For example, in 2018, four senior officials at Japan’s city waterworks department publicly apologized for a worker who left his desk three minutes before his official lunch break 26 times to buy a bento box. The 64-year old employee who says he just needed a “change of pace” was fined thousands of yen for his misconduct.\\nIn an extreme case, the Japanese National Broadcaster revealed that a 31-year old journalist, Miwa Sado, died of congestive heart failure from overwork. Sado clocked more than 159 hours of overtime in a single month as she covered Japan’s regional and national election. Her death ignited a fierce debate on Japan’s working conditions that has continued to today. “I Will Not Work Overtime, Period!” attempts to sway cultural norms by pushing this debate to the forefront of the public’s minds.\\nSeek Legal Assistance\\nIn the United States, employers must pay non-exempt employees time and one-half per hour of overtime. If your employer is not paying you overtime, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.\\n \\n&nbsp;\\n&nbsp;","excerpt":"<p>A new hit show in Japan entitled, “I Will Not Work Overtime, Period!” has deeply resonated with a country that has a deadly national work ethic.  In the popular television show, a young woman refuses to work past 6:00pm at her office job, a radical act in Japan.  She clearly tells her employer that she&hellip;</p>\\n"},{"id":8122,"path":"/blog/how-to-recognize-age-discrimination-in-the-hiring-process","slug":"how-to-recognize-age-discrimination-in-the-hiring-process","modified":"2019-07-03T16:09:19","title":"How to Recognize Age Discrimination in the Hiring Process","content":"The number of working seniors age 65 and older is predicted to rise from 19% to approximately 29% by 2060 as the baby boomers age. This demographic shift means that combatting age discrimination in the hiring process will become more and more pressing. In a series of studies in 2017, 40,000 fictitious applications were sent to 13,000 low-skilled jobs like retail sales workers, janitors, and administrators. On average, applicants over 65 years old received fewer callbacks than younger workers. Older female workers experienced even more age discrimination than their male counterparts as they were called back 30-47% less. These statistics show that age bias in the hiring process is a prevalent force which can leave workers in their 40s, 50s, and 60s without a job for many years. In fact, more than 50% of American workers over 50 lose long-held jobs before they planned to retire. \\nAge Discrimination in Hiring Practices\\nAge discrimination in the hiring process occurs in a number of subtle ways. For example, employers can target applicants by their ages on recruiting websites like LinkedIn and Indeed. Facebook can also deliver ads to users based on their zip code, age, or gender. Additionally, many companies only advertise entry-level positions at career fairs for college seniors. The accounting firm, PwC, was accused of using this practice to maintain a youthful culture. Other organizations require applicants to have completed college programs that were recently established to weed out older individuals. They may also unintentionally or intentionally list youthful characteristics like tech savviness, adaptability, recent graduate, less-experienced, and energetic in their job requirements. Unfortunately, it is very difficult to prove these examples of age bias in a court of law due to their discrete nature.\\nHow Can You Fight Age Discrimination?\\nThe Age and Discrimination in Employment Act makes it illegal to “fail or refuse to hire or to discharge any individual … because of such individual’s age.” In order to substantiate an age discrimination claim, one of three things must be proven: direct evidence, disparate treatment, or disparate impact. Direct evidence of age bias is when an interviewer directly asks you your age, graduation year, or when you plan to retire during an initial screening. This includes comments like “you’re too experienced” or “we’re looking for fresh employees.” Disparate treatment is when you can prove that a company hired a younger worker who has less experience and academic credentials than you. Finally, disparate impact is when job requirements that are irrelevant to the function of a position filter out older applicants. An example of this would be if a company required candidates to have 20-20 vision without glasses to apply for an administrative assistant position.\\nSeek Legal Assistance Today\\nIf you have experienced age discrimination throughout the hiring process, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The number of working seniors age 65 and older is predicted to rise from 19% to approximately 29% by 2060 as the baby boomers age.  This demographic shift means that combatting age discrimination in the hiring process will become more and more pressing. In a series of studies in 2017, 40,000 fictitious applications were sent&hellip;</p>\\n"},{"id":8119,"path":"/blog/should-there-be-an-lgbt-constitutional-amendment","slug":"should-there-be-an-lgbt-constitutional-amendment","modified":"2019-07-02T14:05:41","title":"Should There Be An LGBT Constitutional Amendment?","content":"GLAAD, an LGBT advocacy organization has a bold new proposal. The organization is advocating for a new amendment to the U.S. Constitution that outlaws discrimination against lesbian, gay, bisexual, and transgender individuals on the basis of sexual orientation or gender identity. GLAAD’s chief executive, Sarah Ellis, said “We are now actively working to make it part of the conversation for the presidential 2020 race.” This proposed amendment has gotten mixed reactions.\\nLGBT Activists Criticize Amendment Effort\\nProminent LGBT activists have criticized Ellis’ effort to change our constitution. In order for an amendment to become part of the constitution, a proposed amendment must win a two-thirds majority vote in both the House and the Senate and be ratified in 38 states. With this difficult process, LGBT activists say that a constitutional amendment is not a realistic way to achieve their goals. They argue that an amendment campaign will take away energy from other legislative efforts in the community. For example, the current Equality Act bill aims to add sexual orientation and gender identity to the Civil Rights Act of 1964.\\nGLAAD Begins Amendment Initiative\\nDespite this early criticism, GLAAD held an event to kick off the LGBT amendment initiative. Officials handed out copies of the constitution that included all the other amendments that have been added since our nation’s founding. This copy also included the proposed amendment. In addition to outlawing discrimination against people in the LGBT community, the proposal also aims to protect women, people of color, and disabled people from workplace discrimination. Ms. Ellis argued that this amendment is necessary because LGBT people can be legally fired from their jobs on the basis of their sexual orientation or gender identity in more than half the 50 states. However, critics argue that because of this stance in the majority of states, it will be near impossible for such an amendment to be ratified into the constitution. \\nNew York LGBT Laws\\nSome parts of the country already have legislation that prevents discrimination on the basis of sexual orientation and gender identity. For example, New York State’s Sexual Orientation Non-Discrimination Act, which went into effect in 2003, outlaws discrimination in employment because of someone’s actual or perceived sexual orientation. The New York City Human Rights Law prevents discrimination on the basis of gender identity. Specifically, this law states, that gender discrimination includes discrimination on the basis of being “transgender, non-binary, gender non-conforming, and gender expression.”\\nSeek Legal Assistance\\nIf you have experienced discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>GLAAD, an LGBT advocacy organization has a bold new proposal. The organization is advocating for a new amendment to the U.S. Constitution that outlaws discrimination against lesbian, gay, bisexual, and transgender individuals on the basis of sexual orientation or gender identity. GLAAD’s chief executive, Sarah Ellis, said “We are now actively working to make it&hellip;</p>\\n"},{"id":8098,"path":"/blog/macys-refuses-to-hire-people-with-criminal-records","slug":"macys-refuses-to-hire-people-with-criminal-records","modified":"2019-07-01T19:48:24","title":"Macy’s sued for Discriminatory Criminal Background Check Policy","content":"Macy’s is being sued for its discriminatory criminal background screening policy. The lawsuit alleges that Macy’s refuses to hire individuals of color with criminal records, regardless of their severity. Further, it claims that Macy’s does not give employees a copy of their criminal history report before their termination, a notice of their rights, or a timely notification of their termination.\\nThe NAACP Legal Defense and Educational Fund, Inc. (LDF), Outten &amp; Golden LLP (O&amp;G), Fortunate Society, inc., and Youth Represent (YR) filed the lawsuit on behalf of Jenetta Rolfer, a black woman who was hired to work in the credit and customer service department of Macy’s. Rolfer was qualified for the job but was terminated after Macys conducted her criminal history screening. She received a letter from Macy’s rescinding her employment in November, but she didn’t receive a copy of her background check results until December. \\nRolfer explained to her manager that the decade-old misdemeanor in her background check was from a traffic incident in which she could not provide proof of insurance. Rolfer says that she couldn’t afford the premiums at the time of the incident. Nevertheless, she was immediately terminated. Rolfer was “devasted to be fired over information in [her] background check that [was] unrelated to [her] ability to be a productive employee.”\\nDid Macy’s Follow the Law?\\nAccording to the lawsuit, the company-wide background check policy “disproportionately disqualifies Black and Latinx applicants and employees from job opportunities” due to minor convictions that do not pertain to their job qualifications. This violates Title VII of the Civil Rights Act of 1964 which “prohibits employment discrimination based on race, color, religion, sex, and national origin” and New York Human Rights Law which bans employers from denying employment to any person by virtue of their criminal record. The lawsuit accuses this behavior of reinforcing the marginalization of Black and Latino people who are more likely to be incarcerated due to the criminal justice systems discriminatory policies. The lawsuit claims that this is just one example of Macy’s’ systematic discrimination against people of color. \\nIf the lawsuit’s accusations are correct, Macy’s also did not abide by the Fair Credit Reporting Act (FCRA). The FCRA states that employers cannot exclude individuals with certain criminal histories if such a practice particularly disadvantages members of a protected class and does not indicate whether or not they would be a good employee. The FCRA mandates that employers provide workers with a summary of their rights under the FCRA and their background check results before they are fired. These requirements are intended to give employees a sufficient amount of time to explain any negative information in their background check. \\nSeek Legal Assistance Today\\nIn the past decade, employers have paid $174 million to resolve background check disputes, including prominent companies like Uber, Target, Amazon, Wells Fargo, and Dominos. If your employer discriminated against you due to your criminal record or membership in a protected class, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Macy’s is being sued for its discriminatory criminal background screening policy. The lawsuit alleges that Macy’s refuses to hire individuals of color with criminal records, regardless of their severity.  Further, it claims that Macy’s does not give employees a copy of their criminal history report before their termination, a notice of their rights, or a&hellip;</p>\\n"},{"id":8110,"path":"/blog/u-s-protects-mcdonalds-from-employment-law-violations","slug":"u-s-protects-mcdonalds-from-employment-law-violations","modified":"2019-07-01T15:58:19","title":"Not Loving It: U.S. Protects McDonald’s From Employment Law Violations","content":"The U.S. Labor Department has proposed to limit legal claims against large franchises like McDonald’s. This proposal specifically protects franchises from unpaid wage violations. For example, the proposal defines when employees of a locally-owned McDonald’s may sue the corporation for unpaid minimum or overtime wages. This proposal would place more blame for employment violations on locally owned establishments rather than national corporate chains. There is a 60-day period before this proposal can be finalized. \\nNew Proposal Departs From Obama-era Policy on Franchises Like McDonalds\\nIn 2016, the Obama administration laid out joint-employer criteria that this proposal contradicts. The Obama administrations criteria allowed companies like McDonald’s to be held liable for minimum-wage violations committed by one of its restaurants even if the corporation did not directly supervise workers. The reasoning behind this policy was that smaller establishments, like local Mcdonald’s restaurants, relied on the national corporation for relevant business policies, such as payroll. \\nNew Proposal Puts Responsibility On Local McDonalds Establishments\\nThe Trump administration’s new proposal limits the instances in which McDonald’s and other franchises could be held responsible for wage violations. In order to qualify for joint-employer status, this new proposal sets four standards. The first is whether the franchise company has the power to hire and fire employees at the local establishment. The second is whether the franchise supervises and controls employee schedules. The third is whether it sets pay rates. The final standard is whether it keeps employment records. If a franchise like McDonald’s didn’t engage in most of these practices, it will likely not be considered a joint-employer and therefore, not be held responsible for minimum wage and overtime violations.\\nReactions To This Proposal\\nSharon Block, a former official in the Obama administration’s labor department, has criticized the Trump administration’s proposal. She said, “it has provided such an obvious road map for employers to evade liability.” Under these guidelines, national franchises would no longer be automatically held responsible for local violations. Trump administration officials have defended this proposal. Labor Secretary Alexander Acosta said that “this proposal will reduce uncertainty over joint employer status and clarify for workers who is responsible for their employment protections.” Other critics of this proposal argue that it will not hold up in court. David Weil, another Obama administration official, claimed that courts usually mandate a broader understanding of joint employer status. Criticizing the Trump administration’s proposal, he said: “the idea that it’s so simple defies logic.”\\nSeek Legal Assistance\\nIf you have not earned your rightful wages for all hours worked, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>The U.S. Labor Department has proposed to limit legal claims against large franchises like McDonald’s. This proposal specifically protects franchises from unpaid wage violations. For example, the proposal defines when employees of a locally-owned McDonald’s may sue the corporation for unpaid minimum or overtime wages. This proposal would place more blame for employment violations on&hellip;</p>\\n"},{"id":8077,"path":"/blog/google","slug":"google","modified":"2019-06-28T18:46:43","title":"Google and its “Shadow Workforce”","content":"Google has recently announced that it will require staffing agencies to pay a minimum wage of $15 to independent contractors. It will also require these staffing companies to provide health benefits, twelve weeks of parental leave, sick days, and reimbursement for continuing education costs. This announcement follows internal pushback from contract workers who voiced their frustrations in a demand letter to Google’s CEO Sundar Pichai signed “TVCs of Google.” \\nGoogle currently has more temps and contractors than full-time employees with 121,000 and 102,000 respectively. While its independent contractors receive lower salaries and fewer benefits, they work side-by-side with full-time staff performing similar tasks. Google dictates their hours, type of jobs they perform, and their length of employment, just as it does for its full-time workers. In other words, Google’s temps and contractors are only independent contractors in name. \\nGoogle treats Contractors as Second-Class Workers \\nGoogle’s contract workers don’t enjoy many of the perks that its full-time employees do. For example, they cannot take advantage of professional development opportunities like career fairs or internal job postings. Google also bars them from company-wide meetings and does not give them promotions. On multiple occasions, Google did not send contract workers emails about workplace security information even though they worked in the same office as full-time employees. When a shooting took place on Youtube in 2018, Google only sent security updates to its full-time employees. Google also did not invite independent contractors to a “town hall” discussion on the attack at Youtube later that week. \\nIn the demand letter to CEO Sundar Pichai, Google’s TVCs referenced some of these examples as indicators of “a system of institutional racism, sexism, and discrimination.” They claim that independent contracts are “treated as less deserving of compensation, opportunities, workplace protections, and respect” because they are primarily individuals from minority groups.\\nThe Gig Economy’s Growth \\nThis controversy attests to the fact that the gig economy is growing and so is employee misclassification. The number of independent contractors has increased by 66.5% from 2005 to 2015. Some studies show that all net job growth between this time period can be attributed to alternative work arrangements. After all, companies save big from hiring temporary workers. OnContracting, a tech contracting company, says that classifying employees as contractors can save tech companies about $100,000 per year per worker. Yet, Google’s representatives claim that they don’t hire contract workers just to save money. Some other motives for hiring independent contractors might include the need for short-term employees or specialization in certain skills.\\nIndependent contractors are a company risk when they are treated as full-time employees. The Economic Policy Institute estimates that 10-20% of employers misclassify independent contractors. Misclassification is an enormous liability for big companies that would have to pay thousands of dollars for overtime and penalties if they were sued. \\nSeek Legal Assistance Today \\nClick here to learn more about the difference between independent contractors and employees. If you think that you’ve been misclassified as an independent contractor, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Google has recently announced that it will require staffing agencies to pay a minimum wage of $15 to independent contractors.  It will also require these staffing companies to provide health benefits, twelve weeks of parental leave, sick days, and reimbursement for continuing education costs.  This announcement follows internal pushback from contract workers who voiced their&hellip;</p>\\n"},{"id":8094,"path":"/blog/new-york-passes-robust-sexual-harassment-laws","slug":"new-york-passes-robust-sexual-harassment-laws","modified":"2019-06-28T15:14:44","title":"New York Passes Robust Sexual Harassment Laws","content":"Earlier this year, New York state held its first public hearings on workplace sexual harassment in over thirty years. This month, New York state lawmakers passed sweeping anti-harassment legislation, making New York’s laws some of the most robust in the United States. The proposed legislation passed 109 to 19 in the New York State Assembly. This new legislation was the result of over a year of lobbying following the wake of the #MeToo movement. \\nChanges in New York Harassment Laws\\nEmployers and employees must be aware of the new changes in this legislation to ensure they are in compliance. Prior to this legislation, the state had a “severe or pervasive” standard for what actions constitute sexual harassment. Now, the “severe or pervasive” standard has been eliminated. Supporters of this legislation argue that this standard allowed judges to determine certain claims as insufficiently hostile. For example, previously, one inappropriate comment might not be considered severe or pervasive. This new legislation also mandates an expanded time frame to file complaints about workplace harassment. Additionally, the new law ensures that anti-harassment training is conducted in multiple languages. Finally, the legislation restricts employers’ ability to avoid liability for harassing behavior of their employees.\\nGovernor Cuomo’s Response\\nGovernor Andrew Cuomo promised to sign this new legislation into state law. Affirming this legislation, he said, “we will make it easier for claims to be brought forward and send a strong message that when it comes to sexual harassment in the workplace, time is up.” Last year, Cuomo signed a series of similar laws tackling the issue of sexual harassment in the workplace. For example, these laws banned the majority of nondisclosure agreements for harassment complaints. Cuomo has repeatedly argued that New York’s laws on this issue are the strongest and most comprehensive in the nation. Those opposed to the new legislation warn that the new rules may burden small businesses, which will face financial hardship from legal fees related to harassment claims.\\nNew York Lawmakers Share Stories Of Sexual Harassment\\nDuring this year’s hearings on sexual harassment, several lawmakers shared deeply personal experiences. Assemblywoman Linda Rosenthal said that, after being harassed by a colleague, “I was told, ‘That’s just the way it is’ . . . For too long, we’ve accepted that’s just the way it is. But that’s not true anymore.” Senator Alessandra Biaggi said, with this new legislation, lawmakers dove “headfirst into territories previously deemed off limits.”\\nSeek Legal Assistance\\nIf you have experienced sexual harassment in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>Earlier this year, New York state held its first public hearings on workplace sexual harassment in over thirty years. This month, New York state lawmakers passed sweeping anti-harassment legislation, making New York’s laws some of the most robust in the United States. The proposed legislation passed 109 to 19 in the New York State Assembly.&hellip;</p>\\n"},{"id":8090,"path":"/blog/fathers-fighting-back-developments-and-precedents-in-new-dads-rights-to-paternity-leave","slug":"fathers-fighting-back-developments-and-precedents-in-new-dads-rights-to-paternity-leave","modified":"2019-06-27T18:12:24","title":"Fathers Fighting Back: Developments and Precedents in New Dads’ Rights to Paternity Leave","content":"Last month, JP Morgan Chase settled the largest paternity leave case to date, offering $5 million dollars to an estimated 5,000 fathers affected by a discriminatory company policy between 2011 and 2017. The case began when new-father Derek Rotondo was denied the company’s 16-week parental leave following the birth of his second son. After protesting, Rotondo was told that he was denied coverage on the basis that he was assumed not to be the child’s primary caregiver and could only receive full leave if he proved either that his wife had gone back to work or that she was medically unable to provide primary care. Rotondo, backed by the ACLU, filed a complaint with the Equal Employment Opportunity Commission (EEOC) that the policy violated federal and state laws protecting employees from discrimination based on gender.\\nThe case is the third in a series of high-profile paternity leave cases settled in recent years. In 2018, Estée Lauder was ordered to pay $1.1 million to a class of 210 male employees who had not received the same offering for non-medical leave as new mothers. In 2015, CNN and Turner Broadcasting settled an EEOC complaint for an undisclosed amount and changed company parental leave policy to offer at least 6 paid weeks to both biological parents.\\nTrends in Parental Leave Policies\\nIn recent years, there have been dramatic shifts in the number of American companies offering paid leave for new mothers and fathers. Indeed, the number of companies offering paid parental leave to either or both parents of a new child increased to 35% in 2018 from 26% in 2016, according to a survey conducted by the Society for Human Resource Management. The same trend can be seen for paid paternity leave; the percent of US companies offering paid leave for new fathers increased from 21% in 2016 to 29% in 2018 according to the same survey. Legal and human resources experts think that these three recent paternity leave cases, particularly the JP Morgan Chase case, could further escalate the development of paternity leave policies across the country.\\nThe Law and Paternity Leave\\n  Currently, neither fathers nor mothers are guaranteed paid parental leave in the United States. However, the Family and Medical Leave Act (FMLA) guarantees job security during unpaid leave for up to 12 weeks after a birth or adoption for parents, both mothers and fathers, who qualify.  Twenty-five states have passed laws supplementing FMLA and/or lowering the qualifying standards, but the only states that require paid paternity leave are California, New Jersey, Rhode Island, and New York.\\n  The law does require that company leave policies do not discriminate based on gender, and in 2014, the EEOC issued guidelines on what a nondiscriminatory policy must include. Many companies, the guidelines stipulate, offer an average of 6-8 weeks medical leave to biological mothers recovering from childbirth, but any additional nonmedical leave offered, typically known as “bonding leave,” must be available equally to both mothers and fathers following a birth or adoption.\\nSeek Legal Assistance Today\\nIf your employer isn’t offering you equal rights to crucial bonding and relationship-building time as a new father, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last month, JP Morgan Chase settled the largest paternity leave case to date, offering $5 million dollars to an estimated 5,000 fathers affected by a discriminatory company policy between 2011 and 2017. The case began when new-father Derek Rotondo was denied the company’s 16-week parental leave following the birth of his second son. After protesting,&hellip;</p>\\n"},{"id":8087,"path":"/blog/if-you-cant-take-the-heat-then-get-out-of-the-kitchen-mario-batali-accused-of-sexual-misconduct","slug":"if-you-cant-take-the-heat-then-get-out-of-the-kitchen-mario-batali-accused-of-sexual-misconduct","modified":"2019-06-27T14:02:47","title":"If You Can’t Take The Heat, Then Get Out Of The Kitchen: Mario Batali Accused of Sexual Misconduct","content":"Mario Batali, the former owner of several restaurants across the United States, is a celebrity chef known for his appearances on the Food Network and Iron Chef America. Recently, Batali has been charged with sexual misconduct. A woman said that Batali assaulted her at a Boston restaurant in 2017. Due to this claim and others of a similar nature, all of Batali’s restaurant partnerships have been dissolved. He will no longer have any type of relationship to these restaurants or profit from them. In addition to dissolving his restaurant partnerships, several retailers have stopped selling his products altogether, such as Target and Eataly.\\nFormer Female Employees Accuse Batali\\nLast month, a group of Batali’s former employees spoke to Anderson Cooper on 60 Minutes. The all-female group alleged that Batali harassed and assaulted them, thereby creating a terrifying work environment. Batali eventually released an apology, saying “I take full responsibility for my deplorable actions and am deeply sorry for any pain, humiliation, or anguish I caused.” As a prominent figure in the food industry, Batali used his power to take advantage of employees. These female employees likely feared coming forward with sexual misconduct allegations because they wouldn’t want to put their careers in jeopardy. However, they banded together and took the brave step to share the truth. Their actions likely prevented countless future employees from being harassed by Batali. \\nSexual Harassment In The Workplace\\nSexual harassment in the workplace is a form of illegal sex discrimination. Legally, sexual harassment is defined as “unwelcome verbal, visual, non-verbal or physical conduct of a sexual nature or based on someone’s sex that is severe or pervasive and affects working conditions or creates a hostile work environment.” Because sexual harassment must be considered “unwelcome,” it’s important that victims use communication (either verbally or non-verbally) to convey that they wish for their harasser to stop. In order to be legally considered “severe,” harassment is usually repeated behavior. However, a single serious act, such as rape, is also severe. Acts of sexual harassment come in many forms. Some verbal examples are requesting sexual favors or making comments about a person’s body. Physical examples include inappropriate touching or assaulting. Nonverbal examples include following someone around or staring at someone’s body. These are just a few examples of the many ways that sexual harassment happens in the workplace. The best way to combat this issue is to take legal action. \\nSeek Legal Assistance\\nIf you have experienced sexual harassment in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Mario Batali, the former owner of several restaurants across the United States, is a celebrity chef known for his appearances on the Food Network and Iron Chef America. Recently, Batali has been charged with sexual misconduct. A woman said that Batali assaulted her at a Boston restaurant in 2017. Due to this claim and others&hellip;</p>\\n"},{"id":8067,"path":"/blog/dominos-delivery-drivers","slug":"dominos-delivery-drivers","modified":"2019-06-26T21:39:16","title":"Domino’s sued by Delivery Drivers for Unpaid Wages","content":"A class action is being brought on behalf of delivery drivers and in-store workers against Domino’s Pizza Enterprises of Australia. The lawsuit was filed by Phi Finney McDonald in Australia’s federal court and alleges that Domino’s underpaid its workers for five years. It claims that Domino’s should have paid workers under the Fast Food Industry Award of 2010, with entitlements to travel costs, casual loading (the hourly pay-rate for casual workers), three-hour minimum shifts, and laundry money for uniforms. Since the class action was announced this past Tuesday, Domino’s shares have dropped by 6%.\\n“The scale of Domino’s misconduct is unprecedented,” said the Retail and Fast Food Workers Union (RAFFWU) secretary, Josh Cullinan. “Some workers are owed tens of thousands of dollars. It’s nothing short of a disgrace.”\\nDomino’s Systematically underpays Delivery Workers\\nThis isn’t the first lawsuit brought on behalf of delivery workers. In fact, it is preceded by countless delivery driver lawsuits that date back to 2009. The Australian class action lays claim to a global trend spanning many years in which has Domino’s systematically mistreated delivery drivers.\\nFor example, some drivers have worked 65 hours a week or more and have only been paid for 45 hours of work. Domino’s has been accused of untimely wage payment and poor record keeping of employee hours. Additionally, some customers believe that the delivery fee counts as a tip, when, in reality, Domino’s takes some or all of this charge. Drivers are paid minimum wage minus a tip credit, but many do not receive any tips due to this misleading fee. Managers have also deducted the paychecks of drivers to pay for uniforms with logos on them. Finally, Domino’s often requires drivers to pay for their own delivery expenses, including insurance, gas, GPS financing, vehicle maintenance, and wear and tear. Ultimately, Domino’s delivery workers are making far less than the federal minimum wage of $7.25 per hour when these costs are accounted for.\\nPast Plaintiff Wins\\nPlaintiffs have settled minimum wage violation lawsuits against Domino’s for more than $1 million on several occasions. For example, in January 2019, a group of 163 pizza delivery drivers filed a $1,070,000 settlement in Cincinnati, Ohio. The delivery drivers were awarded 51-cents per mile driven and $6 per hour of work they did inside the store, amounting to an average award of $6,000 per person. In October 2018, a class action of 411 delivery drivers was awarded $850,000, with individual awards of roughly $2,068. This accounts for a 30-cent reimbursement on all miles that they drove at Domino’s.\\nSeek Legal Assistance Today\\nEvery US employee must make a minimum hourly wage of $7.25 including the tips that they have received and any travel expenses. If your employer isn’t paying you the federal or state minimum wage, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A class action is being brought on behalf of delivery drivers and in-store workers against Domino’s Pizza Enterprises of Australia.  The lawsuit was filed by Phi Finney McDonald in Australia’s federal court and alleges that Domino’s underpaid its workers for five years.  It claims that Domino’s should have paid workers under the Fast Food Industry&hellip;</p>\\n"},{"id":8074,"path":"/blog/unpaid-wages-on-a-roll-a-sushi-roll-that-is","slug":"unpaid-wages-on-a-roll-a-sushi-roll-that-is","modified":"2019-06-26T14:08:14","title":"Unpaid Wages On A Roll, A Sushi Roll That Is","content":"There is an emerging trend among sushi restaurants across the United States. Many employees at sushi restaurants are not getting paid their rightfully earned wages. Unpaid wage violations happen when restaurant owners don’t follow minimum wage, overtime wage, and tip credit laws. Not paying employees in accordance with these laws is illegal. Employees who have not been paid their rightful earnings can take legal action to recover their wages from restaurant owners. Learn about the various wage violations below. \\nSushi Restaurants Commit Rampant Violations\\nSushi restaurants all over the United States have committed various labor law violations. In Philadelphia this year, the owners of Osaka, a sushi restaurant, settled a case that required the owners to pay employees nearly $1 million in back wages to 201 employees. The owners illegally pocketed customer tips and refused to pay overtime wages. Eligible employees must earn time and a half their usual hourly rate if they work over 40 hours within one week. In Miami, a sushi restaurant owed its employees $72,000 in unpaid overtime wages. A New York sushi restaurant, Sushi Nakazawa, was hit with a class action unpaid overtime lawsuit. In Brooklyn, New York, Omiya Sushi has been sued for not paying employees proper minimum wages, and spread-of-hours wages. New York spread-of-hours laws require eligible workers whose workday is over ten hours to receive an extra hour of pay at the basic minimum hourly rate. Additionally, New York City’s minimum wage is currently $15 an hour for employers with more than 11 employees. For smaller employers, the minimum wage is $13.50. \\nExplaining This Legal Trend\\nThese kinds of illegal employment trends are far too common in the restaurant industry. Restaurants are competitive businesses that often struggle with profit margins. Restaurant employees also often work long hours in order to make a living. Restaurant owners frequently and illegally alter employee wages in order to increase profit margins. So, why sushi restaurants? Well, many sushi restaurant owners and employees were not born in the United States. Foreign-born employees may be less familiar with labor laws in the United States compared to those of their home countries. Interestingly, although sushi originates from Japan, many sushi restaurants are owned by Chinese immigrants. Still, American-owned restaurants face the same profit-margin issues as foreign-owned restaurants. No matter the owner, the wages of vulnerable employees are at risk if a restaurant is struggling to increase profits. \\nSeek Legal Assistance\\nIf you have not been paid your rightful earnings at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.","excerpt":"<p>There is an emerging trend among sushi restaurants across the United States. Many employees at sushi restaurants are not getting paid their rightfully earned wages. Unpaid wage violations happen when restaurant owners don’t follow minimum wage, overtime wage, and tip credit laws. Not paying employees in accordance with these laws is illegal. Employees who have&hellip;</p>\\n"},{"id":8063,"path":"/blog/most-common-tip-violations","slug":"most-common-tip-violations","modified":"2019-06-25T15:50:33","title":"Most Common Tip Violations","content":"Tip violations are rampant in the food industry. If you suspect you are a victim of a tip violation, contact the Working Solutions Law Firm today for a free consultation at 646-430-7930","excerpt":"<p>Tip violations are rampant in the food industry. If you suspect you are a victim of a tip violation, contact the Working Solutions Law Firm today for a free consultation at 646-430-7930</p>\\n"},{"id":8060,"path":"/blog/are-you-overtime-eligible","slug":"are-you-overtime-eligible","modified":"2019-06-24T20:23:47","title":"Are You Overtime Eligible?","content":"Contact our top-rated overtime attorneys in New York City if you think you have an overtime claim. Call us at 646-430-7930 for a free consultation.","excerpt":"<p>Contact our top-rated overtime attorneys in New York City if you think you have an overtime claim. Call us at 646-430-7930 for a free consultation.</p>\\n"},{"id":8005,"path":"/blog/minimum-wage-update","slug":"minimum-wage-update","modified":"2019-06-24T15:09:54","title":"Minimum Wage Update: should you be making more?","content":"Numerous states, including New York, are raising their minimum wage effective on July 1, 2019. Click here to see the new policies for over 20 states beginning this July or later, including New York, Massachusetts, Connecticut, New Jersey, California, and Washington. \\nMinimum wage violations were one of the most popular claims made against employers in just the past six months. Underpayment is particularly prevalent in the restaurant industry. According to the New York City Health Department, about one-quarter of restaurant workers have sued their employers for unpaid wages in the past decade. Therefore, regularly checking your states minimum wage helps you hold your employer accountable for these violations. \\nNew York’s Minimum Wage Update\\nIf you work in New York state, your new minimum wage depends on the region and company at which you work. For example: \\n\\nIf you work for a small employer (between 1-10 employees) in New York City, you are entitled to $13.50 per hour on December 31, 2019. \\nIf you work for a larger employer (11+ employees) in New York City, you are entitled to $15.00 per hour on December 31, 2019. \\nIf you work in either Westchester, Nassau, or Suffolk counties, you are entitled to $13.00 on December 31, 2019, $14.00 on December 31, 2020, and $15.00 on December 31, 2021. \\nIf you are employed elsewhere in New York state, you are entitled to $11.80 on December 31, 2019, and $12.50 on December 31, 2020.\\n\\nNote that fast-food industry workers and tipped workers have different rates.\\nMinimum Wages Across the US\\nDespite the rising cost of living due to inflation, the federal minimum wage has remained at $7.25 for the past ten years. However, the US’ average minimum wage is currently $11.80 because many states have independently changed their policies.  29 states have raised their minimum wages above the federal level to accommodate higher living expenses in more costly regions. This means that 6.8 million Americans are entitled to more than the federal minimum wage. According to the Department of Labor, Washington D.C. currently has the highest minimum of any state at $13.25. However, several expensive cities, including New York City, will adopt $15.00 minimum wages as soon as 2019. In contrast, individuals living in the 17 states that merely apply the federal minimum wage have 16% less purchasing power than they did a decade ago.\\nThe effects of wage increases are highly debated. Some believe that they are partially responsible for the 2.3% of growth over the past three years for the bottom third of earners. Others argue that they have led to the elimination of low-skill jobs. \\nSeek Legal Assistance Today\\nIf your employer isn’t paying you the minimum wage requirement of your state, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Numerous states, including New York, are raising their minimum wage effective on July 1, 2019.  Click here to see the new policies for over 20 states beginning this July or later, including New York, Massachusetts, Connecticut, New Jersey, California, and Washington.   Minimum wage violations were one of the most popular claims made against employers&hellip;</p>\\n"},{"id":8046,"path":"/blog/the-prevailing-wage","slug":"the-prevailing-wage","modified":"2019-06-21T18:24:15","title":"The Prevailing Wage: the Minimum Wage for Government Contractors","content":"Did you know that government contractors (construction workers, IT workers, electricians, etc.) involved in public works get a different minimum wage? Learn about the prevailing wage above and see if you qualify! Contact us if you have any questions.","excerpt":"<p>Did you know that government contractors (construction workers, IT workers, electricians, etc.) involved in public works get a different minimum wage?  Learn about the prevailing wage above and see if you qualify!  Contact us if you have any questions.</p>\\n"},{"id":8043,"path":"/blog/adidas-employees-claim-racial-discrimination","slug":"adidas-employees-claim-racial-discrimination","modified":"2019-06-21T14:25:02","title":"Adidas Employees Claim Racial Discrimination","content":"Adidas sponsors many black athletes. Additionally, the athletic brand has had campaigns with several high profile black celebrities, such as Beyonce and Kanye West. However, less than 4.5% of employees at Adidas’ North American headquarters are black. Recently, the few black employees at this headquarters have come forward with discrimination claims. Interviews with over 20 black employees and former employees reveal that the predominantly white corporate leadership is struggling with issues of race in the workplace. Considering that many Adidas customers are black, this revelation about black employees is surprising.\\nExamples of Discrimination at Adidas\\nIn the company cafeteria at the corporate headquarters, black employees often sit together at lunch. Allegedly, these black employees have been told that this practice made certain white coworkers nervous and could even prevent them from getting promotions. Other black employees said that their input was unvalued in company meetings. Additionally, they say that negative stereotypes surrounding black athletes often arose in meetings. The most serious instance of discrimination occurred when two black employees were referred to by a racist slur, both verbally and over text message. \\nAdidas Response\\nAdidas responded humbly to these serious allegations. Karen Parkin, Adidas’ global head of human resources, responded to say that Adidas knew that it had work to do on race issues. She affirmed that Adidas has “zero tolerance” for inappropriate behavior and that she was unaware of the incidents involving racial slurs. Had this incident been reported to HR, she said that the company would have taken steps to address it. “We want to be humble,” Ms. Parkin continued. “We’re not where we need to be in all of the locations around the world. But we’re not afraid to have the conversation, either.” Parkin also mentioned that Portland, where this headquarters is located, is a predominantly white city. She said that Adidas “needs to be more courageous and bold” in attracting more diverse employees to the Portland area.\\nMarketing Missteps\\nSome argue that Adidas’ lack of diversity and inclusion has led to several marketing missteps that could have been solved with the inclusion of black employees’ opinions. For example, just this year, Adidas released all-white sneakers to commemorate Black History Month. Following public outcry, Adidas removed these shoes from stores. In 2012, the company had to remove another pair of sneakers featuring shackles after public backlash. Some claim that, if black employees were better included in marketing meetings, their insight into the black community would prevent the brand from making costly mistakes such as those already mentioned. \\nSeek Legal Assistance\\nIf you have experienced racial discrimination at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Adidas sponsors many black athletes. Additionally, the athletic brand has had campaigns with several high profile black celebrities, such as Beyonce and Kanye West. However, less than 4.5% of employees at Adidas’ North American headquarters are black. Recently, the few black employees at this headquarters have come forward with discrimination claims. Interviews with over 20&hellip;</p>\\n"},{"id":8038,"path":"/blog/ny1-is-being-sued-for-gender-and-age-discrimination","slug":"ny1-is-being-sued-for-gender-and-age-discrimination","modified":"2019-06-20T20:06:33","title":"NY1 is being sued for Gender and Age Discrimination","content":"Five anchorwomen and reporters are suing News NY1, one of the country’s leading local news channels, for alleged gender and age discrimination. They claim that their managers routinely pushed them aside to make room for younger workers with less experience. In contrast, NY1 would celebrate older male anchors like Pat Kiernan. The plaintiffs are Roma Torre, Kristen Shaughnessy, Jeanine Ramirez, Vivian Lee, and Amanda Farinacci, all of whom are between the ages of 41 and 60. Employment attorney Douglas Wigdor represents them in a lawsuit against the news channel’s parent company, Charter Communications in Manhattan Federal Court that was filed the morning of June 19th. \\nThe Allegations against NY1\\nThe plaintiffs claim that after the 2016 merger between Charter Communications and Time Warner Cable, the new leadership systematically excluded them from promotional activities, decreased their airtime, and ignored their complaints. Roma Terre says that female anchors at NY1 are given an “expiration date,” while the careers of their male counterparts thrive with age. \\nFor example, the plaintiffs report that their managers are grooming younger replacement reporters who have similar ethnicities and appearances. Torres typical three hours of solo anchoring were reduced by two-thirds and delegated to these younger staff members. \\nThe lawsuit also details Torre’s dissatisfaction with NY1’s veneration of Pat Kiernan, its morning anchor since 1997. She claims that her salary is “less than half” that of Kiernan’s. When she asked if she could use Kiernans makeup artists or new studio space she was told to “stop complaining.” While Kiernan’s 20th anniversary at NY1 was celebrated with an ad campaign, food trucks, and promotional on-air shows, Torre received “no promotion whatsoever” for her 25th anniversary. \\nGender and Age Discrimination in the Media Industry \\nThe plaintiffs underline the larger trend of gender and age discrimination in the competitive TV industry. They claim that their male equivalents have an “easier road” in media because women are routinely treated like they can be “disposed and replaced.” David Lopez, a former general counsel of the Equal Employment Opportunity Commission, says that while the TV business often pushes out older women because they want to “put forward a younger face,” that doesn’t change the fact that its discrimination. \\n“This cycle has got to stop,” the plaintiffs say. They emphasize that they aren’t seeking to punish the younger workers who have replaced them. They’re paving the way for these workers for when they age. The plaintiffs add, We are fighting for ourselves and all other women who face this same struggle on a daily basis, and we hope to send a clear message to all news media across the country that this must change.\\nSeek Legal Assistance Today \\nIf you’re the victim of gender or age discrimination, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Five anchorwomen and reporters are suing News NY1, one of the country’s leading local news channels, for alleged gender and age discrimination.  They claim that their managers routinely pushed them aside to make room for younger workers with less experience. In contrast, NY1 would celebrate older male anchors like Pat Kiernan.  The plaintiffs are Roma&hellip;</p>\\n"},{"id":8030,"path":"/blog/independent-contractors-employees-know-the-important-differences","slug":"independent-contractors-employees-know-the-important-differences","modified":"2019-06-20T14:01:53","title":"Independent Contractors & Employees: Know The Important Differences","content":"Listed above are just a few of the many differences between employees and independent contractors. Make sure you are in compliance by speaking with one of our top-rated employment attorneys today!","excerpt":"<p>Listed above are just a few of the many differences between employees and independent contractors. Make sure you are in compliance by speaking with one of our top-rated employment attorneys today!</p>\\n"},{"id":8025,"path":"/blog/obesity-isnt-a-disability-according-to-seventh-circuit","slug":"obesity-isnt-a-disability-according-to-seventh-circuit","modified":"2019-06-19T13:53:11","title":"Obesity Isn’t A Disability According To Seventh Circuit","content":"On June 12th, the seventh circuit court ruled that obesity alone does not qualify for workplace accommodations under the Americans with Disabilities Act (ADA). The ADA legally requires employers to reasonably accommodate employees with documented disabilities. However, obesity alone, without evidence of another physiological disorder related to weight gain, will not be a protected disability under the ADA. Therefore, employers are not required to reasonably accommodate obese employees without additional disorders who struggle to perform their jobs due to weight.\\nCourt Decision On Obesity\\nThe case that prompted this decision from the seventh circuit was Richardson vs. Chicago Transit Authority. Richardson was a bus driver who weighs nearly 600 pounds. He and his lawyers claimed that his employers took illegal action against him due to his obesity, thereby violating the ADA. The Chicago Transit Authority argued that they had a legitimate reason to terminate Richardson: he exceeded the bus’s weight requirement, making it difficult and even unsafe for him to do his job. The court sided with the Chicago Transit Authority and offered a similar line of reasoning on the ADA as the Second Circuit in New York has previously stated. The court maintains that weight may only qualify as a physical impairment under the ADA if it falls outside the normal range (e.g. obesity), and occurs because of a physiological disorder.\\nLegal Precedent On Cases of Obesity In The Workplace\\nThe Seventh Circuit is the fourth federal appeals court to rule that obesity alone is not a protected disability under the ADA. In addition to the Second and Seventh Circuits, the Sixth and Eighth circuits have made similar rulings. However, other jurisdictions have reached the opposite conclusion, that obesity ought to be protected under the ADA. This issue is still unsettled in other districts. Therefore, employers ought to be careful when making employment decisions involving obese employees. If you are unsure how to handle this kind of decision, you should consult with legal counsel to ensure that you comply with the law. Data suggests that this issue will only become more common in the future. Almost three-quarters of men and more than 60% of women in the United States are obese or overweight. Someone is overweight when his or her Body Mass Index (BMI) is greater than or equal to 25. Obesity occurs with a BMI equal to or greater than 30. With so many Americans falling into the obese category, employers must pay attention to this issue.\\nSeek Legal Assistance\\nIf you have questions about the Americans With Disabilities Act, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>On June 12th, the seventh circuit court ruled that obesity alone does not qualify for workplace accommodations under the Americans with Disabilities Act (ADA). The ADA legally requires employers to reasonably accommodate employees with documented disabilities. However, obesity alone, without evidence of another physiological disorder related to weight gain, will not be a protected disability&hellip;</p>\\n"},{"id":8001,"path":"/blog/one-m-t-a-worker-wins-461646-in-overtime-lawsuit","slug":"one-m-t-a-worker-wins-461646-in-overtime-lawsuit","modified":"2019-06-17T19:42:20","title":"One M.T.A. Worker wins $461,646 In Overtime Lawsuit","content":"One M.T.A. worker at the Long Island Rail Road has won $461,646—more than the combined salaries of Governor Cuomo and Mayor de Blasio. This employee worked roughly 74 hours of overtime every week in addition to his usual 40 hours. After his lawyers proved that he never got paid any overtime wages (time and a half of a person’s usual hourly rate), he won $461,646 in court. The M.T.A. operates New York City’s subways and buses, in addition to the Long Island Rail Road, Metro-North Railroad, and Staten Island Railway.\\nFederal Prosecutors Issue M.T.A Subpoena \\nFederal prosecutors have since subpoenaed pay records for this employee and over a dozen others at both the Long Island Rail Road and New York City Transit. In addition to looking for overtime violations in these individual records, prosecutors will review handwritten timekeeping practices throughout the Long Island Rail Road. Modern timekeeping technology, which is less prone to fraud, has been installed. However, the Long Island Rail Road has not enforced employees to use this technology. Management feared that forcing employees to use automated clocks would have “an adverse impact on employee productivity.” \\nConsequences of Hand Written Time Keeping\\nMany Long Island Rail Road workers submit handwritten documents of their shift hours with no subsequent review of the number hours worked. Governor Cuomo, who oversees the M.T.A., has said that the high number of overtime hours suggest fraud. Union leaders, on the other hand, have said that M.T.A. employees had been invited or even pushed to work long hours. Overtime is also a difficult issue for the M.T.A. because its payroll costs have been rising at a faster rate than the fares and tolls that support the organization. In 2018 alone, the agency paid its workers $418 million in overtime. Additionally, the MTAs overtime payments rose almost 16% in 2018. The M.T.A. itself is facing a nearly $1 billion deficit by 2022.\\nEmergency M.T.A. Board Meeting\\nLast week, the M.T.A. held an emergency meeting to discuss the overtime wage issue. Union leaders argued that management was to blame for the increased overtime. Additionally, union leaders raised the prospect of a subway strike, which has not occurred in New York City since 2005. One union leader, Mr. Samuelson, was visibly outraged at Governor Cuomo’s comments suggesting overtime fraud by M.T.A. workers and likened Cuomo to President Trump.\\nSeek Legal Assistance Today\\nIf you have not been paid your rightful overtime wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>One M.T.A. worker at the Long Island Rail Road has won $461,646—more than the combined salaries of Governor Cuomo and Mayor de Blasio. This employee worked roughly 74 hours of overtime every week in addition to his usual 40 hours. After his lawyers proved that he never got paid any overtime wages (time and a&hellip;</p>\\n"},{"id":7944,"path":"/blog/goldman-sachs-sued-by-gay-former-vp","slug":"goldman-sachs-sued-by-gay-former-vp","modified":"2019-06-12T21:28:15","title":"Goldman Sachs Sued by Gay former VP","content":"William Littleton, a former Vice President at Goldman Sachs, is suing the Wall Street bank for sexual orientation discrimination. Littleton was employed at Goldman Sachs for eight years and was an openly gay leader of its internal LGBTQ network. He alleges that he was fired for reporting his managers’ discriminatory practices to Goldman’s employee relations department.\\nLittleton says that he was asked to miss an important client call because “he sounded too gay.” On another occasion, Littleton claims that his manager asked him, “Whats wrong with you? Do you act this way because you’re gay?” When Littleton approached his boss about these incidents, her only response was that sucks. \\nDespite Littleton’s recent promotions and “outstanding” employee reviews, he also claims that his earnings dropped by 20% in the past several years, far lower than the salaries of other Vice Presidents at Goldman. After formally complaining to employee relations, Littleton was abruptly fired by his managers due to performance issues.\\nGoldman Sachs Corporate Equality Reputation\\nGoldman’s representatives say that Littleton’s claims are baseless. Their spokesperson claims that Goldman “has a sustained and proven commitment to diversity, and is proud of the vibrant and diverse LGBTQ community at the firm.” In fact, the Human Rights Campaign (HRC) listed Goldman Sachs as one of the best places for LGBTQ individuals to work in 2019. Goldman scored 100% on HRC’s Corporate Equality Index. The bank even covers sexual reassignment surgery costs for its employees. Additionally, Goldman was one of 300 companies that publicly advocated for the legalization of same-sex marriage in 2013. \\nWhile Goldman might have an inclusive reputation on paper, Littleton accuses the bank of merely paying “lip service to LGBTQ diversity” for public relations reasons. The lawsuit claims that, in reality, Goldman maintains a company culture that is hostile to openly gay employees.\\nSexual Orientation Discrimination on Wall Street\\nLittleton and his lawyer say that his supervisors’ discriminatory acts are not isolated incidents at Goldman or on Wall Street. The events occurred on the backdrop of national allegations of sexual orientation discrimination in the workplace. According to HRC’s 2018 report, 53% of LGBTQ workers reported hearing jokes about LGBTQ individuals at least once. Further, 46% of LGBTQ employees said they were still closeted at work. In a recent article entitled Gay on Wall Street: an investigation, the financial industrys LGBTQ workers reported feeling particularly vulnerable to discrimination. While many noted that Wall Street has become more inclusive in recent years, they could still recount recent experiences with homophobic bosses and harassment from coworkers. \\nSeek Legal Assistance Today\\nIf you have faced discrimination due to your sexual orientation or other identity markers at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>William Littleton, a former Vice President at Goldman Sachs, is suing the Wall Street bank for sexual orientation discrimination. Littleton was employed at Goldman Sachs for eight years and was an openly gay leader of its internal LGBTQ network. He alleges that he was fired for reporting his managers’ discriminatory practices to Goldman’s employee relations&hellip;</p>\\n"},{"id":7940,"path":"/blog/starbucks-transgender-harassment","slug":"starbucks-transgender-harassment","modified":"2019-06-11T18:54:02","title":"Starbucks says Misgendering Transgender People Isn’t Harassment","content":"As a corporation, Starbucks has generally been an outspoken supporter of the LGBT community. They most recently debuted reusable rainbow cups for this month’s pride celebration. Additionally, the Human Rights Campaign has repeatedly given the coffee company a perfect score on the Corporate Equality Index, a measurement of LGBT inclusivity in the workplace. However, in a recent legal case, Starbucks’ lawyers are making the argument that refusing to call someone’s preferred gender pronouns isn’t harassment. Those within the LGBT community are speaking out against this stance, saying that refusing to use someone’s preferred pronouns is harassment rooted in transphobia. \\nTransgender Employee Sues Starbucks\\nStarbucks has a policy on transgender employees that states, “a refusal to respect a partner’s request to be identified by the pronouns of choice is considered disrespectful and not in alignment with our mission and values.” However, a new legal case suggests that Starbucks doesn’t stand behind this policy. Christian Wade worked at Starbucks for 19 years. In 2017, Christian came out as transgender and asked to be called Maddie. Along with the new name came new pronouns: “she” and “her” instead of “he” and “his.” However, the manager at this California-based store, Dustin Guthrie, refused to comply with these changes. The manager continued to use “he” pronouns and words like “bro” and “dude” in front of customers. Eventually, the manager cut Wade’s hours. According to the complaint, Wade quit due to “intolerable conditions” and subsequently sued Starbucks for discrimination and harassment.\\nStarbucks’ Response\\nStarbucks’ attorneys are making the argument that refusing to comply with someone’s gender pronouns is not harassment. One attorney argued, “for harassment to be actionable, it must be sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” They argue that misgendering does not meet these requirements. A Starbucks attorney continued, saying “with the exception of Guthrie’s alleged failure to use female pronouns, none of Guthrie’s conduct is linked or otherwise associated with Plaintiff’s sex, gender, gender identity, and/or gender expression.” Additionally, the attorneys claim that there is no evidence that Gutherie intentionally used the incorrect pronouns, so his actions do not constitute discrimination under the California Fair Employment and Housing Act. Some say that this stance is not aligned with Starbucks’ corporate message of LGBT inclusivity. Starbucks also made a public statement, saying intentional misgendering is not acceptable conduct at Starbucks . . . it does not align with our Mission and Values, nor with our employment policies regarding harassment and discrimination.”\\nSeek Legal Assistance Today\\nIf you have faced discrimination or harassment in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>As a corporation, Starbucks has generally been an outspoken supporter of the LGBT community. They most recently debuted reusable rainbow cups for this month’s pride celebration. Additionally, the Human Rights Campaign has repeatedly given the coffee company a perfect score on the Corporate Equality Index, a measurement of LGBT inclusivity in the workplace. However, in&hellip;</p>\\n"},{"id":7900,"path":"/blog/how-has-the-trump-administration-affected-workers-rights","slug":"how-has-the-trump-administration-affected-workers-rights","modified":"2019-06-10T18:56:47","title":"How has the Trump Administration Affected Workers Rights?","content":"President Trump’s campaign focused heavily on issues relevant to the working class, partly explaining his success in the 2016 election. Currently, the Trump administration emphasizes that unemployment numbers are hitting record lows. With more and more Americans working, we should consider the current state of workers rights in America. \\nMinimum Wage Policy\\nDuring his 2016 campaign, President Trump advocated for a $10 per hour federal minimum wage. However, since his election, there has been no increase in the federal minimum wage, which remains at $7.25 an hour. However, many states and cities have mandated minimum wage policies that are higher than the federal minimum wage. For example, in the state of New York, the minimum wage is $11.10 per hour. In New York City, the minimum wage is even higher, sitting at $13.50 per hour for businesses with fewer than 10 employees and $15.00 per hour for businesses with over 11 employees.\\nOvertime Wage Policy\\nThe Trump administration has taken action to change federal overtime policy. Most full-time, salaried workers who earn less than a federal earning benchmark are overtime eligible. Over 60% of workers qualified for overtime eligibility in the 1970s. However, over the years, Congress failed to adjust the federal benchmark for inflation. Therefore, when Trump took office in 2016, the number of salaried, overtime-eligible workers was only 7 percent. The Obama administration attempted to raise the overtime benchmark to roughly $47,500 but failed when a federal judge blocked this policy. The Trump administration instead proposed a new benchmark of $35,300. This new standard would make roughly a million workers overtime eligible if it isn’t blocked by the courts. Estimates say that Obama’s original proposal would have affected over 4 million workers. \\nTrump Pushes Protections for Religious Employees\\nLast month, the Trump administration finalized new rules that affect religious health care workers. These new rules allow workers to more easily refuse to perform procedures that violate their religious beliefs. For example, a doctor who is morally opposed to abortion can legally refuse to perform one. When speaking about the new rules, President Trump said, “together, we are building a culture that cherishes the dignity and worth of human life. Although these “federal conscious” laws have been in place for over 40 years, the Trump administration’s new rules bolster their enforcement. Under the new rules, the U.S. Department of Health and Human Services is now referred to as a law enforcement agency” that will more aggressively investigate alleged violations of religious freedom in the workplace. \\nSeek Legal Assistance Today\\nIf you have had issues at work regarding overtime, minimum wage, or religious discrimination seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>President Trump’s campaign focused heavily on issues relevant to the working class, partly explaining his success in the 2016 election. Currently, the Trump administration emphasizes that unemployment numbers are hitting record lows. With more and more Americans working, we should consider the current state of workers rights in America. Minimum Wage Policy During his 2016&hellip;</p>\\n"},{"id":7869,"path":"/blog/three-things-to-remember-before-signing-a-severance-agreement","slug":"three-things-to-remember-before-signing-a-severance-agreement","modified":"2019-06-07T13:50:30","title":"Three Things to Remember Before Signing a Severance Agreement","content":"A severance agreement is a legal contract between an employer and an employee outlining the responsibilities and rights of each party following a termination or lay-off. It details the amount of money that your employer will continue to pay you. It also outlines whether you will continue to be offered certain benefits like health insurance.\\nSigning a severance agreement indicates that you agree with the terms upon which you have been let go. In other words, it means that the employee will not take their employer to court for wrongful termination. Therefore, it is important to remember the following five tips before signing a severance agreement.\\nUnderstand Everything in your Severance Package before Signing it\\nOftentimes, an employer will pressure an exiting employee into signing a severance agreement quickly. Remember that you have the right to take a reasonable amount of time to understand everything in the contract before signing it. If you are over the age of 40, your employer must give you 21 days to consider your severance agreement and 7 days to revoke it after signing. If you are under the age of 40, your employer must give you a “reasonable” amount of time to consider a severance agreement, typically two weeks. You should use this time to speak with professionals that can help you understand every stipulation within your severance package.\\nKnow your Legal Rights\\nIf you were terminated due to your identity, testification in court against your employer, or absence at work to care for a sick family member, you may be able to negotiate your severance agreement or file a lawsuit against your employer. Do you think you were terminated due to your race, gender, ethnicity, marital status, age, religion, color, or recent pregnancy? In this case, you might be able to make a discrimination claim against your employer. Were you terminated for reporting workplace harassment that occurred against you due to the identity indicators outlined above? You might have a retaliation case against your employer. These are only a few of the claims that may be used as leverage to negotiate your severance package.\\nSpeak to an Employment Lawyer\\nIf you feel that you have been wrongfully terminated or need legal guidance to understand your agreement, consult an employment attorney. Employment lawyers help you identify potential claims you might have against your employer. These claims could make you eligible to file a lawsuit. Employment lawyers can also assist in negotiating your severance package to receive more benefits and greater compensation.\\nSeek a Fair Severance Agreement Today\\nIf you are seeking legal guidance to ensure that your severance agreement is advantageous for you, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A severance agreement is a legal contract between an employer and an employee outlining the responsibilities and rights of each party following a termination or lay-off. It details the amount of money that your employer will continue to pay you.  It also outlines whether you will continue to be offered certain benefits like health insurance.&hellip;</p>\\n"},{"id":7870,"path":"/blog/nyc-bans-pre-employment-drug-testing","slug":"nyc-bans-pre-employment-drug-testing","modified":"2019-06-06T18:40:58","title":"NYC Bans Pre-Employment Drug Testing","content":"The New York City Council recently passed a bill that bans employers from requiring job applicants to complete pre-employment drug testing for marijuana or THC. However, employers can still conduct drug testing for other federally illicit drugs, such as opiates. The new law was passed by a 40-4 vote and sent to Mayor Bill de Blasio for his signature. After 30 days without action from de Blasio, the bill became law. It will first go into effect in May of 2020, and it is the first law of its kind. Depending on the law’s success, we might see similar legislation enacted across the country. \\nWill All Workers Be Affected?\\nEven with this new law, not all workers will be entirely exempt from pre-employment drug testing. The law makes an exception for certain kinds of workers. Specifically, the law does not apply to any individuals applying to positions requiring the supervision or care of children, medical patients, and vulnerable persons. The law also excludes applicants for positions which “significantly impact the health or safety of employees or members of the public.” These exceptions most significantly apply to those that work in the healthcare industry. However, the exemption status of non-medical staff who work in healthcare facilities, such as administrative and maintenance employees, is still uncertain. The New York City Council is expected to release additional guidelines that will further clarify which job applicants are exempt from pre-employment drug testing. \\nIs Drug Testing Discriminatory?\\nThe law states that pre-employment drug testing will now be considered an “unlawful discriminatory practice” in the job application process. This new category of discrimination raises important questions about what truly constitutes discrimination. We tend to think of discrimination in terms of unchanging factors that are integral to a person’s identity. For example, the Civil Rights Act prevents job discrimination on the basis of race, sex, nationality, religion, etc. This new law considers whether or not someone uses drugs as a new protected category. However, some argue that drug usage is a choice rather than an identity, so it should not be considered a protected status. Others argue that whether someone chooses to do drugs outside of work is their freedom, and employers should not discriminate against them because of this factor. Drug usage is not the only proposed new category for protected status from discrimination. Other recently proposed congressional legislation aims to make sexual orientation and gender identity as additional protected categories from job discrimination.\\nSeek Legal Assistance Today\\nIf you have questions about NYC’s new drug testing law, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The New York City Council recently passed a bill that bans employers from requiring job applicants to complete pre-employment drug testing for marijuana or THC. However, employers can still conduct drug testing for other federally illicit drugs, such as opiates. The new law was passed by a 40-4 vote and sent to Mayor Bill de&hellip;</p>\\n"},{"id":7866,"path":"/blog/uber-drivers-not-classified-as-employees","slug":"uber-drivers-not-classified-as-employees","modified":"2019-06-05T13:49:23","title":"Uber Drivers Not Classified As Employees","content":"The National Labor Relations Board has classified Uber drivers as independent contractors, rather than employees. Uber drivers have recently advocated for higher pay and better working conditions, but this classification presents a significant roadblock. Independent contractors don’t have the same legal protections as employees. For example, this classification makes it difficult for Uber drivers to form a union and prevents drivers who work more than 40 hours a week from getting overtime pay.\\nEmployee Classification Means a Higher Cost for Uber\\nIf Uber treated its drivers as employees, the company’s labor costs would likely rise 20 to 30 percent. Uber’s stock prices are already on the decline, as it lost almost $2 billion last year. This classification from the National Labor Relations Board reverses the previous stance of the Obama Administration, which argued that people who work through smartphone apps were likely classified as employees. For example, in 2016, Obama’s labor board issued a complaint against Postmates, a food delivery app, which stated that delivery workers were employees. This memo is an important new precedent that suggests app workers cannot claim federal labor protections. With many other app businesses on the rise, employees must be aware of their rights and legal protections. \\nFuture Implications for Uber Drivers\\nUber responded in a recent public statement, saying “we are focused on improving the quality and security of independent work, while preserving the flexibility drivers and couriers tell us they value.” Additionally, the new classification as independent contractors means that Uber did not violate federal labor law with its treatment of drivers. As independent contractors, drivers don’t have certain benefits like overtime pay or worker’s compensation coverage. Therefore, it’s difficult for these workers to demand better working conditions without employee status. \\nWhat Makes Uber Drivers Independent Contractors?\\nThe National Labor Relations Board mainly concluded that Uber drivers are independent contractors was because these employees have an opportunity to profit from the activity in the same way an entrepreneur would. Because drivers have so much control over their cars, work schedules, work location, and the opportunity to drive for competitors like Lyft, the board determined that they should be classified as independent contractors. However, others suggest that Uber drivers should be considered employees. For example, employees, rather than independent contractors, must perform an action that is central to the business. Most people would say that driving is essential to Uber’s business. Therefore, we may see a push to classify drivers as employees in the future. \\nSeek Legal Assistance Today\\nIf you have been improperly classified at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The National Labor Relations Board has classified Uber drivers as independent contractors, rather than employees. Uber drivers have recently advocated for higher pay and better working conditions, but this classification presents a significant roadblock. Independent contractors don’t have the same legal protections as employees. For example, this classification makes it difficult for Uber drivers to&hellip;</p>\\n"},{"id":7857,"path":"/blog/firm-receives-class-certification-against-fdm-on-behalf-of-it-consultants-for-overtime-violations","slug":"firm-receives-class-certification-against-fdm-on-behalf-of-it-consultants-for-overtime-violations","modified":"2019-06-03T19:05:25","title":"Firm Receives Class Certification Against FDM on Behalf of IT Consultants for Overtime Violations","content":"FDM, an internet technology (IT) staffer, has serviced over 50 clients across the United States. The Working Solutions Law Firm, located in New York City, recently won a motion against FDM to conditionally certify an FLSA collective. Our Law Office alleges that FDM’s IT consultants were not paid overtime. While the defendant claims the IT consultants are overtime exempt, we argue that FDM has not complied with the overtime policies in the Fair Labor Standards Act (FLSA). The court has authorized notices of the pending action to all FDM consultants who worked in the last 5+ years. The statute of limitations for the FLSA is 3 years usually, but there is a tolling agreement in place while a prior motion to dismiss is pending at the district court, therefore allowing for an extended FLSA collective. Over 1000 people are believed to be in this class list. Notices will soon be sent to class members.","excerpt":"<p>FDM, an internet technology (IT) staffer, has serviced over 50 clients across the United States. The Working Solutions Law Firm, located in New York City, recently won a motion against FDM to conditionally certify an FLSA collective. Our Law Office alleges that FDM’s IT consultants were not paid overtime. While the defendant claims the IT&hellip;</p>\\n"},{"id":7853,"path":"/blog/nike-just-do-it-but-not-if-youre-a-mother","slug":"nike-just-do-it-but-not-if-youre-a-mother","modified":"2019-06-01T18:31:03","title":"Nike: Just Do It (But Not If You’re A Mother)","content":"Although Nike has recently emphasized female empowerment in advertisements, the company is facing backlash over how it treats its female athletes. Alysia Montaño, a U.S. Track National Champion, recently revealed that female athletes do not get any paid maternity leave. Female athletes at the highest levels stop getting paid and even lose their health insurance if they choose to become a mother. When Montaño told Nike that she was pregnant, she said her sponsor responded by saying well just pause your contract and stop paying you. This revelation raises questions about Nike’s corporate integrity. If Nike’s marketing team is so pro-women, then why is the company not listening to its own female athletes? Montaño called out the company’s apparent hypocrisy when she said: “maybe being a mother and a champion was a crazy dream, but it didn’t have to be.”\\nMaternity Leave Policy\\nThe United States is the only industrialized nation without a federally mandated paid maternity leave policy. Only six states and Washington, D.C. offer some form of paid family leave. So, while some companies may choose to offer paid maternity leave for their employees, the U.S. government does not require it by law. Inevitably, this lack of policy means that some companies will not offer paid maternity leave. However, federal law does require at least 12 weeks of unpaid maternity leave. Yet, sponsored athletes like those at Nike are not classified as employees. Sponsored athletes are independent contractors. This category has no federal maternity leave guarantee—neither paid nor unpaid. \\nNike’s Response\\nAfter the maternity leave news surfaced, Nike responded that some of its female athletes have had reduced payments directly because of pregnancies. However, the company also acknowledged that it changed this policy in 2018 so that athletes are no longer penalized. In a statement, Nike said: last year, we standardized our approach across all sports to support our female athletes during pregnancy, but we recognize we can go even further . . . Moving forward, our contracts for female athletes will include written terms that reinforce our policy. Time will tell if the company’s changes are effective. The fact that athletes are still classified as independent contractors limits the legal protection of these women. Phoebe Wright, a former Nike-sponsored athlete, said that “Getting pregnant is the kiss of death for a female athlete . . . There’s no way I’d tell Nike if I were pregnant.” Her comment suggests that Nike has a long way to go when it comes to gender equality. \\nSeek Legal Assistance Today\\nIf you have experienced pregnancy discrimination as a mother in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Although Nike has recently emphasized female empowerment in advertisements, the company is facing backlash over how it treats its female athletes. Alysia Montaño, a U.S. Track National Champion, recently revealed that female athletes do not get any paid maternity leave. Female athletes at the highest levels stop getting paid and even lose their health insurance&hellip;</p>\\n"},{"id":7849,"path":"/blog/every-kiss-begins-with-consent-kay-and-other-jewelers-face-discrimination-and-harassment-allegations","slug":"every-kiss-begins-with-consent-kay-and-other-jewelers-face-discrimination-and-harassment-allegations","modified":"2019-05-21T22:05:51","title":"Every Kiss Begins With Consent? Kay and Other Jewelers Face Discrimination and Harassment Allegations","content":"Sterling Jewelers Inc., the parent company of Kay Jewelers, is facing workplace discrimination and harassment charges. Sterling also manages roughly a dozen other popular jewelry stores, such as Jared the Galleria of Jewelry, Osterman, J.B. Robinson, and Zales. Sterling is overall the largest jewelry retailer in the United States. Although their market base is mostly women, female employees have recently come out with serious allegations against Sterling and its various companies.\\nUncovering Systemic Discrimination and Harassment \\nIn the hiring process, Sterling has all employees sign an arbitration agreement. Arbitration means that instead of being heard in a public court, employment legal issues must proceed privately in Sterling’s in-house system. According to a 2011 study, employees in private arbitration win about 21.4% of the time, which is less than normal litigation trials. If there is an arbitration settlement, the employee usually must sign a nondisclosure agreement, keeping the outcome a secret. After two employees came to an outside attorney, Sam J. Smith, for help with gender pay discrimination, a hotline was set up to figure out if other employees faced similar issues. In order to get around the non-disclosure obstacle of arbitration, this hotline was confidential. Hundreds of women called about issues of gender pay disparity. Women also contacted the hotline about issues of groping, sexual coercion, sexual degradation, and rape. In 2015, Sterling’s arbitrator granted the female employees class certification, bringing the number of claimants to 69,000.\\nExamples of Illegal Activity\\nThere are countless examples of alleged discrimination and harassment instances that have since come forward. A store manager, Dean Huffman, claimed that regional vice presidents told him it’s “better to hire female employees because the company did not have to pay them as much.” Diane Acampora revealed that after 11 years of experience, she made $2 to $4 less per hour than the more-recently-hired and less-experienced male colleagues. Tammy Zenner was called Texas Tammy by her co-workers because of the size of her breasts. These are just a handful of the stories that have come forward in this case.\\nSterling’s Response\\nSterling has continued to argue that it is innocent and that the suit, currently still in arbitration, is private. Additionally, Sterling highlights that many of the claims in this case are decades old and do not currently reflect the company’s modern workplace environment. Since the case started, Sterling has also taken steps to address some of the issues female employees raised. For example, the Career Advancement Registry, created in 2009, lists job openings in an effort to address unfair promotion practices based on gender. In order to address gender pay discrimination, the company created a wage rate generator, an allegedly gender-neutral algorithm that determines wages based on location, sales, and management experience. \\nSeek Legal Assistance Today\\nIf you have experienced harassment or discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Sterling Jewelers Inc., the parent company of Kay Jewelers, is facing workplace discrimination and harassment charges. Sterling also manages roughly a dozen other popular jewelry stores, such as Jared the Galleria of Jewelry, Osterman, J.B. Robinson, and Zales. Sterling is overall the largest jewelry retailer in the United States. Although their market base is mostly&hellip;</p>\\n"},{"id":7846,"path":"/blog/how-to-spot-age-discrimination-in-a-severance-negotiation","slug":"how-to-spot-age-discrimination-in-a-severance-negotiation","modified":"2019-05-14T16:31:27","title":"How To Spot Age Discrimination In A Severance Negotiation","content":"There has been an increasing trend of age discrimination cases in the workforce, and those over the age of 40 must be aware. Age discrimination occurs when an employer treats a job candidate or employee less favorably solely on the basis of his or her age. Age is a protected discrimination class just like race, religion, and sex. The Age Discrimination in Employment Act (ADEA) specifically outlaws age discrimination against people who are over the age of 40. Discrimination can still occur when both the victim and discriminator are over the age of 40. There are important steps you can take to spot age discrimination in your workplace and take action against it.\\nOlder Workers Benefits Protection Act \\nThe Older Workers Benefits Protection Act safeguards the rights of older workers. During any layoff involving someone over the age of 40, employers are legally required to disclose data regarding the total number of people over the age of 40 who were previously terminated. This data can be helpful in determining if age discrimination has taken place. Usually, this data will be disclosed at the end of a severance agreement. However, only a lawyer can interpret it and see if there is legal leverage for negotiating more severance. In addition to employment termination, discrimination laws prohibit discrimination in the form of hiring, pay, job assignments, promotions, layoff, training, benefits, and any other aspect of employment. Additionally, a company policy that applies to all employees, regardless of age, can still be age discrimination if it negatively affects employees age 40 or older. \\nCan Older Workers Be Replaced With Younger Ones?\\nOutside of a layoff or reduction in force, employees cannot be fired and replaced by younger employees if they have roughly the same qualifications and roughly the same pay. This kind of discrimination claim could only be defeated by compelling evidence of a legitimate business justification for firing an older worker. Employers can legally replace older workers if they can no longer perform their job requirements due to age. Unfortunately, because older workers are typically more experienced and more expensive, employers often terminate or lay them off in order to cut costs. However, if you can prove that you had roughly the same pay and qualifications as a younger replacement, you may have a legitimate age discrimination case. In order to determine the strength of your claim, you must speak with a lawyer. \\nSeek Legal Assistance Today\\nIf you have experienced age discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>There has been an increasing trend of age discrimination cases in the workforce, and those over the age of 40 must be aware. Age discrimination occurs when an employer treats a job candidate or employee less favorably solely on the basis of his or her age. Age is a protected discrimination class just like race,&hellip;</p>\\n"},{"id":7843,"path":"/blog/the-richest-man-in-china-calls-12-hour-work-days-a-blessing","slug":"the-richest-man-in-china-calls-12-hour-work-days-a-blessing","modified":"2019-05-05T15:54:04","title":"The Richest Man in China Calls 12 Hour Work Days a “Blessing”","content":"The richest man in China, Jack Ma, started the e-commerce company Alibaba. Ma is a proponent of extreme overworking. He admires China’s “996” practice, which refers to employees working from 9 A.M. to 9 P.M., six days a week. He recently called these 12 hour work days a blessing. Ma claims that people will be rewarded for their hard work if they work longer hours. Regarding his own company, he revealed that employees not interested in working such hours need not apply. Ma isn’t the only business leader with these views. Elon Musk, co-founder of Tesla, once said, “nobody ever changed the world on 40 hours a week.” Although we don’t have China’s 996 practice, close to ⅓ of workers in the U.S. work 45 hours or more each week. \\nReactions to Ma’s Claim\\nMany have spoken out against the culture of extreme overworking that Ma promotes. For example, if everyone worked a 996 schedule, people wouldn’t have time for children. Others have responsibilities to care for elderly family members at home. The Chinese state media responded to Ma, saying “The mandatory enforcement of 996 overtime culture not only reflects the arrogance of business managers, but also is unfair and impractical.” Furthermore, research seems to suggest that Ma’s claims about the rewards of overworking are not true. One study found that, after 40 hours a week, working more hours doesn’t have a financial benefit. Research has also linked overworking to worse career outcomes. Finally, the CDC has found that working more hours is linked to poorer health outcomes. Overworked and fatigued employees also harm employers. For example, in the United States alone, fatigued workers cost employers $100 billion in lost productivity.\\nOvertime Law in the United States\\nAmerican unions started pushing for 40-hour workweeks as far back as the 1800s. As employers saw output increase as hours decreased, consensus grew that overworking employees was counter-productive. The Fair Labor Standards Act standardized the 40-hour workweek in 1938. An employer must now pay covered employees time and a half for every hour worked over 40. There have been several proposals in recent years to classify more employees as overtime eligible. For example, President Obama drafted a proposal that offered new or strengthened overtime benefits to over 13 million workers. The courts struck down this proposal. President Trump drafted a new overtime proposal with a lower salary threshold that would cover roughly 4.8 million workers if the courts allow it. \\nSeek Legal Assistance Today\\nIf you have not been paid your rightful overtime wages, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The richest man in China, Jack Ma, started the e-commerce company Alibaba. Ma is a proponent of extreme overworking. He admires China’s “996” practice, which refers to employees working from 9 A.M. to 9 P.M., six days a week. He recently called these 12 hour work days a blessing. Ma claims that people will be&hellip;</p>\\n"},{"id":7840,"path":"/blog/supreme-court-will-rule-whether-civil-rights-law-protects-lgbt-employees","slug":"supreme-court-will-rule-whether-civil-rights-law-protects-lgbt-employees","modified":"2019-05-05T15:48:49","title":"Supreme Court Will Rule Whether Civil Rights Law Protects LGBT Employees","content":"The Supreme Court will soon decide whether the Civil Rights Act of 1964 protects people who identify as gay and transgender from workplace discrimination. This ruling will show how the court’s new conservative majority will handle LGBT issues. The Equal Employment Opportunity Commission argues that the law does guarantee protections for LGBT workers. On the other hand, the Trump administration argues that the law cannot be interpreted to include sexual orientation and gender identity. The law itself states that employment discrimination is illegal “on the basis of race, color, religion, sex, or national origin.” Some claim that “sex” includes the categories of sexual orientation and gender identity. Others argue that sex only refers to the biological sex someone is born as, rather than how a person identifies later in life. \\nLGBT Discrimination Cases\\nOne case to be brought before the court is “Altitude Express Inc. v. Zarda.” Mr. Zarda, New York skydiving instructor, brought this case before the court because he claimed to have been fired because he was gay. A female customer had complained about being strapped tightly to Mr. Zarda during a skydive. In an attempt to reassure the customer, he told her not to worry because he was “100 percent gay.” His case initially lost and was appealed to the Supreme Court. One judge argued that “sexual orientation discrimination is motivated, at least in part, by sex and is thus a subset of sex discrimination.” Another judge argued that, although he “would be delighted to awake one morning and learn that Congress had just passed legislation adding sexual orientation to the list of grounds of employment discrimination,” that Congress did not include this category in the law. \\nImplications of This Ruling\\nAlthough judges have their own personal stances on LGBT issues, they must interpret the laws as Congress has written them. The words sexual orientation, gender identity, and LGBT are not in the Civil Rights Act of 1964. So, this court decision must determine whether sexual orientation and gender identity are categories that fall under “sex discrimination,” as mentioned in the Civil Rights Act. If the court decides that these are forms of sex discrimination, then people who identify as LGBT will be protected under the law in the same way as other protected groups. If the court rules that LGBT discrimination is different than sex discrimination, these categories will not be protected under the law. However, Congress can amend the Civil Rights Act at any time or pass new legislation that specifically states that people who identify as transgender and gay are protected from workplace discrimination. So, even if the court does not rule in favor of this issue, Congress can still outlaw LGBT discrimination in the future.\\nSeek Legal Assistance Today\\nIf you have experienced sex discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The Supreme Court will soon decide whether the Civil Rights Act of 1964 protects people who identify as gay and transgender from workplace discrimination. This ruling will show how the court’s new conservative majority will handle LGBT issues. The Equal Employment Opportunity Commission argues that the law does guarantee protections for LGBT workers. On the&hellip;</p>\\n"},{"id":7837,"path":"/blog/yoga-students-win-1-65-million-in-unpaid-wages-settlement","slug":"yoga-students-win-1-65-million-in-unpaid-wages-settlement","modified":"2019-04-23T15:53:21","title":"Yoga Students Win $1.65 Million In Unpaid Wages Settlement","content":"A group of Californian yoga students at CorePower Yoga recently won $1.65 million in a class action suit. These students agreed to perform a few hours of weekly part time work in exchange for free yoga classes. CorePower organized this barter program called “Yoga for Trade” (YFT). Through YFT, students worked shifts of 2-3 hours per week, cleaning and performing other project based work. Although customers receive free yoga classes in exchange for their work, The “YFT Cleaners” were unpaid. The two parties settled the case before the court could determine as to whether the yoga studio chain violated the Fair Labor Standards Act or California unpaid wage laws.\\nCriticisms Of The Suit\\n4 yoga students who worked in the YFT program opposed the lawsuit. Each student wrote that he or she liked the program and wished to continue participating in it. Each customer knew from the beginning that the work performed would be unpaid in exchange for free yoga classes. Students who opposed the suit thought that they actually got the better end of the bargain. They generally argued that Corepower was being sued “for something that was such a wonderful gift.” Only 16 percent of students who were claim eligible in the settlement opted in. Interestingly, over 500 customers who opted into the suit chose to receive their settlement payments in the form of a CorePower gift card. So, many yoga students were content with settlement funds going back into the organization that allowed them to work for free. \\nLegitimate Legal Issues Raised In The Suit\\nSo, why was CorePower willing to settle this case when so many yoga students actually enjoyed the YFT program and did not feel that labor rights were violated? The Fair Labor Standards Act legally prohibits employers to accept free labor, even if people are willing to work for free. The case also centers around the issue of whether the YFT workers were employees or independent contractors. CorePower claimed that all YFT workers were independent contractors, thereby denying any liability. “We believe it’s without merit and are defending the company aggressively and appropriately,” said Eric Kufel, the C.E.O. of CorePower. However, since the parties settled the case, the court never ruled on whether the YFT workers were employees or independent contractors. With a lengthy and costly legal case facing their organization, CorePower decided to settle the case rather than continue with litigation. \\nSeek Legal Assistance Today\\nIf you have experienced unpaid wages in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A group of Californian yoga students at CorePower Yoga recently won $1.65 million in a class action suit. These students agreed to perform a few hours of weekly part time work in exchange for free yoga classes. CorePower organized this barter program called “Yoga for Trade” (YFT). Through YFT, students worked shifts of 2-3 hours&hellip;</p>\\n"},{"id":7834,"path":"/blog/despite-being-americas-fastest-growing-labor-demographic-older-employees-face-workplace-discrimination","slug":"despite-being-americas-fastest-growing-labor-demographic-older-employees-face-workplace-discrimination","modified":"2019-04-15T16:32:31","title":"Despite being America’s Fastest Growing Labor Demographic, Older Employees Face Workplace Discrimination","content":"The fastest-growing demographic of the United States workforce is employees age 65 and older. There are many reasons why older Americans are choosing to work longer rather than retire. Average lifespans are rising, pensions are disappearing, and maximizing social security payouts can require more years of employment. Despite this growing demographic, companies are not changing their hiring priorities and too often unlawfully discriminating against older workers. \\nHiring Age Discrimination\\nCompanies tend to be more focused on recruiting and retaining millennial workers rather than older Americans. This bias often leads to subtle forms of discrimination in the hiring process. For example, some job postings may mention a “maximum years of experience” requirement. Companies may use a date of birth dropdown menu that does not include an older candidate’s birth year. Older job candidates may be described as “overqualified.” Workplace environments may be described as “fun,” suggesting a more youthful atmosphere. Technology has also allowed companies to target younger job candidates. For example, Facebook allows advertisers to target job advertisements to younger users and withhold them from older users. With roughly 10,000 people turning 65 every single day, it’s time for employers to rethink these practices. \\nAge Discrimination Is More Common Than You Might Think\\nAccording to a recent study by AARP, 61% of workers over the age of 45 reported seeing or experiencing age discrimination in the workplace. “It’s an open secret, and everyone knows it happens all the time, but few people stand up and say it’s wrong,” said Cathy Ventrell-Monsees, an attorney at the Equal Employment Opportunity Commission. The EEOC also has seen an increase in age discrimination filings, specifically from older women and minorities. Considering that older workers are the fastest growing workplace demographic, it would be prudent for companies to consider qualified candidates who are older and can bring different skills than millennial workers. \\nBipartisan Legislation to Tackle Age Discrimination\\nThe Protecting Older Workers Against Discrimination Act, a bill with bipartisan authorship, was recently introduced in the Senate. This bill would allow workers to use “any type of admissible evidence” to prove age discrimination. This standard is similar to other workplace discrimination claims, such as race and gender, which are covered under the Civil Rights Act. “For both older workers and employers, this bill is something they should be paying attention to,” said Cristina Martin Firvida, a VP at AARP. As older Americans are spending more time in the workforce, age discrimination protections are evermore crucial. \\nSeek Legal Assistance Today\\nIf you have experienced age discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The fastest-growing demographic of the United States workforce is employees age 65 and older. There are many reasons why older Americans are choosing to work longer rather than retire. Average lifespans are rising, pensions are disappearing, and maximizing social security payouts can require more years of employment. Despite this growing demographic, companies are not changing&hellip;</p>\\n"},{"id":7831,"path":"/blog/house-passes-paycheck-fairness-act","slug":"house-passes-paycheck-fairness-act","modified":"2019-04-11T16:36:00","title":"House Passes Paycheck Fairness Act","content":"The U.S. House just passed a bill entitled “The Paycheck Fairness Act,” voting 242-187. Those who voted for the bill seek to promote gender pay equality. Representative Rosa DeLauro of Connecticut first introduced the bill all the way back in 1997. This is the 11th time DeLauro has brought up this bill. When asked about the bill, DeLauro said: “Very simple concept: Men and women in the same job deserve the same pay . . . It used to be this was the fringe; it was a women’s issue, ‘Why do we have to deal with it?’”\\nHistory and Content of the Paycheck Fairness Act\\nThe House first passed the Paycheck Fairness Act in 2009, the last time Democrats had a majority in the House until now. However, once the bill arrived in the Senate in 2010, it failed. DeLauro argues that her pay equity bill should be bipartisan, but the bill has lost momentum when Republicans have had a majority in the house and senate. The Paycheck Fairness Act seeks to supplement the Equal Pay Act of 1963, which legally required men and women to earn equal pay for equal work. The Paycheck Fairness Act has several proposals in addition to the legislation under the Equal Pay Act. This new bill would outlaw employers from asking job candidates how much their previous salary was in other positions. Additionally, it would ban rules that keep workers from discussing their salaries with coworkers. Finally, the bill would require employers to increase salary transparency.\\nCriticisms and Challenges of the Paycheck Fairness Act\\nThe Paycheck Fairness Act has gotten significant pushback from business who wish to keep salary data private. Another criticism of the bill is that it does not address motherhood, which many claim is the root cause of the gender pay gap. Some argue that the gender pay gap has far more to do with women taking off more time at work to care for children rather than outright sexism. This is only the second time this bill has passed the House, and it must also pass the Senate in order to take another step closer to becoming a law. House Democrats think that now is the right time to push this bill forward, especially in the wake of the #MeToo movement and midterm elections that appointed several new congresswomen. However, with a Republican majority in the Senate, it’s unclear whether the bill will continue to be successful. \\nSeek Legal Assistance Today\\nIf you have experienced pay discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The U.S. House just passed a bill entitled “The Paycheck Fairness Act,” voting 242-187. Those who voted for the bill seek to promote gender pay equality. Representative Rosa DeLauro of Connecticut first introduced the bill all the way back in 1997. This is the 11th time DeLauro has brought up this bill. When asked about&hellip;</p>\\n"},{"id":7827,"path":"/blog/new-york-court-rules-that-home-health-care-workers-can-legally-be-paid-for-13-hours-of-a-24-hour-shift","slug":"new-york-court-rules-that-home-health-care-workers-can-legally-be-paid-for-13-hours-of-a-24-hour-shift","modified":"2019-04-02T15:23:48","title":"New York Court Rules That Home Health Care Workers Can Legally Be Paid for 13 Hours of a 24 Hour Shift","content":"Home health care workers are arguing to be paid for every hour they spend caring for elderly and disabled people. Last week, a New York court ruled against their wishes, legally allowing them to be paid for only 13 hours of their 24-hour shifts. The court’s ruling was based on a minimum wage exemption from the US Department of Labor. This exemption states that round-the-clock home care workers only have to be paid for 13 hours because workers typically get eight hours for sleep and three hours for meals during a 24-hour shift. However, home health care workers are arguing that these exact breaks aren’t always possible given the needs of their patients. For example, home health care workers who testified at a Department of Labor hearing last summer said that they often must reduce their sleep and food break time significantly. Additionally, supervisors at their respective agencies often don’t respond when they report these illegal violations.\\nReactions to Controversial Ruling\\nHome health care workers are feeling discouraged that their fight for 24-hour pay has hit this obstacle. Lai Yee Chan, a home health care worker, said “I am very angry with this decision . . . So are other home care workers who work 24-hour shifts. The court should not listen to the Department of Labor. We need help from the state legislature to make the 24-hour workday illegal. Responding to the court’s ruling, State Assemblyman Harvey Epstein says that he plans to start crafting legislation to fix this problem, either by outlawing 24-hour work days or mandating that employees be paid for every hour at work. Epstein argued that “we’ll need to look towards other remedies to help these low-income New Yorkers who are mostly women of color who have now been relegated to a position where they are forced to work and not get paid.”\\nWhy Others Argue For The 13 Hours of Pay\\nSo, why would anyone be opposed to paying home health care workers for every hour they spend at work? Well, it would be a lot more expensive. New York’s Medicaid program funds most of the 24-hour home care in the state. Eliminating the 13-hour rule could significantly increase costs for taxpayers and potentially prevent certain patients from qualifying for the highest levels of assistance. New York’s state government needs to balance equitable pay for home health care workers while, at the same time, having an affordable and efficient healthcare system. \\nSeek Legal Assistance Today\\nIf your employer has prevented you from taking your legally required breaks at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Home health care workers are arguing to be paid for every hour they spend caring for elderly and disabled people. Last week, a New York court ruled against their wishes, legally allowing them to be paid for only 13 hours of their 24-hour shifts. The court’s ruling was based on a minimum wage exemption from&hellip;</p>\\n"},{"id":7823,"path":"/blog/jetblue-pilots-accused-of-sexually-assaulting-flight-attendants","slug":"jetblue-pilots-accused-of-sexually-assaulting-flight-attendants","modified":"2019-03-25T16:41:28","title":"JetBlue Pilots Accused of Sexually Assaulting Flight Attendants","content":"Last week, two JetBlue flight attendants sued their employer in a U.S. District Court in New York. They accused two JetBlue pilots of drugging and raping them during a flight layover. Furthermore, the lawsuit claims that JetBlue failed to take appropriate disciplinary action against the pilots after the flight attendants reported the assault. In addition to suing for aggravated sexual abuse and assault and battery, these women are also suing their employer for sex discrimination and civil rights violations. \\nFlight Attendants’ Accusation\\nThe incident of alleged drugging and rape happened during a layover in Puerto Rico. After checking in to their hotel, the flight attendants visited the beach, where they met two men who also worked for JetBlue. The men offered the two women beer that the women didn’t know was laced with a date rape drug. After having the beer, the rest of the night was a blur for the women. The men took the women to the hotel and one of the men raped two of the women. The lawsuit said this man then told the women, “Thank you for making my fantasy come true.” The next morning on a flight back to Newark, the flight attendants felt “groggy and numb” and “expressed to each other that they were stunned by what had happened.” When she returned to her home, one of these women went to a hospital to report that she had been raped. While at the hospital, she learned the pilot infected her with human papillomavirus.\\nJetBlue’s Alleged Failure to Take Corrective Action\\nAlthough these women reported this incident to JetBlue, the airline did not take any immediate action against the pilots. Both women still work for JetBlue. Abe Melamed, the accusers’ lawyer, stated that “One of the plaintiffs has continued to bump into one of the pilots and has an immediate visceral reaction and goes to the bathroom and vomits every time it happens . . .. They feel like this is a large part of what airline culture is. It lends itself to these sorts of issues.” Failure to remove the perpetrators clearly created a hostile work environment for these flight attendants. JetBlue responded in a statement that said it “takes allegations of violent or inappropriate behavior very seriously and investigates such claims thoroughly.” The women are seeking an unspecified amount in damages from JetBlue and the pilots to be determined at the time of trial.\\nSeek Legal Assistance Today\\nIf you have suffered from gender discrimination or sexual misconduct in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Last week, two JetBlue flight attendants sued their employer in a U.S. District Court in New York. They accused two JetBlue pilots of drugging and raping them during a flight layover. Furthermore, the lawsuit claims that JetBlue failed to take appropriate disciplinary action against the pilots after the flight attendants reported the assault. In addition&hellip;</p>\\n"},{"id":7820,"path":"/blog/u-s-womens-soccer-sues-for-gender-discrimination","slug":"u-s-womens-soccer-sues-for-gender-discrimination","modified":"2019-03-19T20:19:02","title":"U.S. Women’s Soccer Sues for Gender Discrimination","content":"Twenty-eight members of the U.S. women’s soccer team recently filed a gender discrimination lawsuit against U.S. Soccer. Although the members of the U.S. women’s team are world champions, the suit alleges that female players are still paid less than their male counterparts. The female players will defend their world championship title this summer in France, but the players argue that “institutionalized gender discrimination” has existed for years within U.S. soccer.\\nInstances of Gender Discrimination in U.S. Soccer\\nThe athletes allege that their experience of gender discrimination went beyond pay inequality. They claim that their gender affected where and how often they play, how they physically train, medical treatment, and coaching. Although the women’s team is required to play more games than the men’s team (and wins more games), the players claim that they are still paid less than those on the men’s team. Megan Rapinoe, one of the star players on the team, said “I think to be on this team is to understand these issues . . . and I think we’ve always — dating back to forever — been a team that stood up for itself and fought hard for what it felt it deserved and tried to leave the game in a better place.” The influence of these star athletes on the women’s team, particularly on social media, has already had some effects in the sport. FIFA doubled the amount of prize money for this summer’s Women’s World Cup. Additionally, U.S. Soccer has recently eliminated other inequalities such as disparate as meal money and hotel accommodations between male and female players.\\nComplicated Comparisons Between Men and Women’s Soccer\\nMaking direct comparisons between the U.S. men’s and women’s soccer teams can be difficult for a variety of reasons. Each team has its own individual agreement with U.S. Soccer. A major difference in these agreements is pay structure. The men receive higher game bonuses when they play for the United States, but are paid only when they make the team. The women, on the other hand, receive guaranteed salaries and much smaller game bonuses. Another difference is the bonuses that are awarded in the World Cup. These amounts are determined by FIFA, not U.S. Soccer. The current award is $400 million for 32 men’s teams and $30 million for 24 women’s teams. In the upcoming lawsuit, the athletes on the women’s team will have to show that their team and the men’s team do the same work and address differences in their negotiated pay agreements.\\nSeek Legal Assistance Today\\nIf you have suffered from gender discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Twenty-eight members of the U.S. women’s soccer team recently filed a gender discrimination lawsuit against U.S. Soccer. Although the members of the U.S. women’s team are world champions, the suit alleges that female players are still paid less than their male counterparts. The female players will defend their world championship title this summer in France,&hellip;</p>\\n"},{"id":7816,"path":"/blog/new-york-city-bans-hairstyle-discrimination","slug":"new-york-city-bans-hairstyle-discrimination","modified":"2019-03-12T00:44:52","title":"New York City Bans Hairstyle Discrimination","content":"The New York City Commission on Human Rights has released new guidelines preventing employers from discriminating against employees on the basis of hairstyle. Hairstyle discrimination will now legally be considered a form of racial discrimination. This new law was put in place specifically to protect black workers. The New York City Commission on Human Rights stated that New Yorkers have a right to maintain “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.” Currently, there is no legal precedent in the federal courts aimed at protecting people from hairstyle discrimination.\\nLegal Protections for Workers\\nSpecifically, the new law protects workers who have been harassed, threatened, punished, demoted or fired because of the texture or style of their hair. The maximum penalty the city commission can demand from employers who violate this law is $250,000, and there is no monetary cap on damages. The legal reasoning behind such harsh penalties is that hair is inherent to one’s race and cultural identity. The city’s human rights laws outlaw discrimination on the basis of race, gender, national origin, religion, and other protected classes. Therefore, the commission decided to include hairstyle because of its racial and cultural connection to certain minority groups. These legal protections are an important step given the number of hair discrimination claims made by black employees throughout the years. \\nHairstyle Stereotypes \\nCarmelyn P. Malalis, the commissioner and chairwoman of the NYC Commission on Human Rights argued that the standards of appearance that some employers have previously had for their workers are racist. In her opinion, banning certain hairstyles contributes to the idea that “black hairstyles are unprofessional or improper.” This stereotype is found across many industries. For example, the U.S. military has only recently dropped its bans on traditionally black hairstyles. The Marines began allowing braid, twist and loc hairstyles in 2015 and the U.S. Army removed its ban on dreadlocks in 2017. Negative stereotypes around these hairstyles may start to change as we see more and more professional employees with these hairstyles. Chaumtoli Huq, an associate professor at City University of New York School of Law, said that “we may see a positive cultural shift that would impact how courts view these guidelines that seek to prevent discrimination based on hair” as we see more high profile professionals with these hairstyles. \\nSeek Legal Assistance Today\\nIf you have suffered from hairstyle discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The New York City Commission on Human Rights has released new guidelines preventing employers from discriminating against employees on the basis of hairstyle. Hairstyle discrimination will now legally be considered a form of racial discrimination. This new law was put in place specifically to protect black workers. The New York City Commission on Human Rights&hellip;</p>\\n"},{"id":7813,"path":"/blog/breastfeeding-discrimination-at-kfc","slug":"breastfeeding-discrimination-at-kfc","modified":"2019-03-10T17:45:08","title":"Breastfeeding Discrimination at KFC","content":"A former KFC worker, Autumn Lampkins, recently won a case against her previous employer in which she claimed she was being discriminated against for breastfeeding in the workplace. Her job required 10-hour shifts, so she needed to pump breast milk at work in order for her newborn to have enough to drink. \\nUnfair Consequences for Breastfeeding at Work\\nWhen Lampkins was first hired to be an assistant manager at a Delaware location of KFC, just a few months after having a baby, she was told that her work responsibilities would not affect her need to breastfeed. However, KFC limited Lampkins’ breaks during which she could pump breast milk and eventually demoted her. Additionally, she was not provided a suitable place to pump her breastmilk, as she was instructed to pump in a single stall restroom and then in a public office with surveillance cameras that would not be turned off. She also claimed that management and fellow employees made it so difficult to pump during her 10-hour shifts that her breast milk dried up. Her work schedule did not allow her to pump milk every two hours as her doctor recommended. This experience caused Lampkins physical pain and required her to switch from breast milk to baby formula in order to feed her infant. \\nBreastfeeding Discrimination Lawsuit\\nLampkins sued KFC for workplace discrimination and won $1.5 million in punitive damages. Now, her infant can have a college fund. This amount of money could also buy a quarter-million two-piece chicken meals. She was also awarded $25,000 in compensatory damages. “It was a great and long-fought victory,” said one of her attorneys, Patrick Gallagher. “It’s a great day for women’s rights. The jury sent a message that employers cannot treat lactating women differently in the workplace.” He added that the jury agreed “that lactating women need to be treated respectfully and not be treated differently than any other worker.” According to the Fair Labor Standards Act (FLSA) and the Federal Break Time for Nursing Mothers law, employers are legally required to provide reasonable accommodations for nursing mothers in the workplace. These accommodations include adequate time for women to pump their milk and a private space that is not a bathroom each time they need to pump.\\nSeek Legal Assistance Today\\nIf you have suffered from breastfeeding discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A former KFC worker, Autumn Lampkins, recently won a case against her previous employer in which she claimed she was being discriminated against for breastfeeding in the workplace. Her job required 10-hour shifts, so she needed to pump breast milk at work in order for her newborn to have enough to drink. Unfair Consequences for&hellip;</p>\\n"},{"id":7810,"path":"/blog/remembering-dolly-partons-gender-equality-anthem-9-to-5","slug":"remembering-dolly-partons-gender-equality-anthem-9-to-5","modified":"2019-02-24T20:34:57","title":"Remembering Dolly Parton’s Gender Equality Anthem: “9 to 5”","content":"In 1980, Dolly Parton released her hit single, “9 to 5.” This anthem is about workplace gender discrimination, written by Parton, a southern female country singer. The song was written for the 1980 comedy film of the same name. With lyrics like “they just use your mind and they never give you credit” and “you got dreams hell never take away,” Dolly Parton was one of the earliest artists to tackle the issue of gender inequality in the workplace. Dolly most recently performed this hit this month at the Grammy Awards. Additionally, when Senator Elizabeth Warren officially announced her candidacy for President of the United States earlier this month, she took the stage to “9 to 5.”\\nImportance of Leadership on Gender Inequality in the Workplace\\nDolly Parton led the charge on gender inequality as early as the 1970s. Leadership like hers is essential to tackling this issue in the workplace. Art allows women to share their experiences of gender inequality in honest and persuasive ways. Through music, film, poetry, and artwork, women can share their individual experiences of challenges they have overcome in the workplace. Hearing about these experiences allows for more people to understand the issue of gender inequality and inspires even more women to speak out against this issue. Without women publicly acknowledging this issue, it would continue to be ignored. \\nSpeaking Out During the “Me Too” Movement\\nDolly Parton paved the way for other women to speak out about sexual harassment years later during the current “Me Too” era. Earlier this month, Parton was asked about the relevance of the song “9-5” during the “Me Too” Movement. She said: “I think there’s gonna always [be] a long way to go. It’s a work in progress as life itself is, especially for women in the workplace. I really think that’s why we are here now, with the #MeToo Movement. It brought up the subject again with harassment in the workplace and the fact that women are still not getting a chance to do as much they can and paid equally for the work that they do. There are still all those issues.” Almost 40 years after the song came out, Dolly acknowledges that the lyrics still are relevant to women in the workplace. However, she was also clear that her song wasn’t only meant to criticize men: “There’s a lot of bad women in this world, too . . . It’s just about the person. It’s about treating each other with respect.”\\nSeek Legal Assistance Today\\nIf you have suffered from gender inequality or sexual harassment in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In 1980, Dolly Parton released her hit single, “9 to 5.” This anthem is about workplace gender discrimination, written by Parton, a southern female country singer. The song was written for the 1980 comedy film of the same name. With lyrics like “they just use your mind and they never give you credit” and “you&hellip;</p>\\n"},{"id":7807,"path":"/blog/warning-all-nyc-employers-must-do-sexual-harassment-training-by-october-19th","slug":"warning-all-nyc-employers-must-do-sexual-harassment-training-by-october-19th","modified":"2019-02-17T20:45:59","title":"Warning! All NYC Employers must do Sexual Harassment Training by October 19th","content":"NYC Mayor Bill de Blasio signed the “Stop Sexual Harassment in NYC Act” in May of 2018. In a statement, Mayor de Blasio said, “Society has been stacked in favor of men for far too long, leading many to believe they can harass women without fear of punishment. New York City will not allow that [to] continue.” De Blasio continued by saying that “we are taking action to protect workers against sexual harassment and saying loudly and clearly that anyone who harasses a co-worker will face justice.” This new legislation has several components that will tackle sexual harassment in the workplace. Starting on October 19th, important new obligations for employers go into effect that you should be aware of. \\nNew Obligations for Employers\\nFirstly, the new legislation has increased the statute of limitations on gender-based harassment from one year to 3 years. This increase means that employees who have suffered from sexual harassment at work will have more time to pursue legal action. Another important aspect of the Stop Sexual Harassment NYC Act is that employers with 15 or more employees are required to conduct anti-sexual harassment training for all employees every year. The first training must be conducted before October 19th. Employers must keep a record of all these trainings, including signed employee acknowledgements. These can be kept electronically.\\nElements of Anti-Sexual Harassment Training\\nThe new law has several requirements for the annual anti-sexual harassment training. For example, training must explain that sexual harassment is a form of discrimination under New York City law. The training also must present a certain description of what sexual harassment is, including examples of violations. Bystander intervention training must also be included. Additionally, the prohibition on retaliation must be included with examples. These are just a few of the standards that this new legislation requires to be included in the annual anti-sexual harassment training.\\nSeek Affordable Anti-Sexual Harassment Training\\nOur law firm is invested in preventative solutions as well as remedial ones  so we regularly offer low-cost and informative sexual harassment trainings. If you have not yet conducted your mandatory anti-sexual harassment training, seek our assistance today. Additionally, if you have suffered from sexual harassment at work and wish to pursue legal action, contact us today for a free case evaluation. The Working Solutions Law Firm, located in New York City, is here for you. Contact us today at (646) 430-7930.","excerpt":"<p>NYC Mayor Bill de Blasio signed the “Stop Sexual Harassment in NYC Act” in May of 2018. In a statement, Mayor de Blasio said, “Society has been stacked in favor of men for far too long, leading many to believe they can harass women without fear of punishment. New York City will not allow that&hellip;</p>\\n"},{"id":7801,"path":"/blog/would-salary-transparency-help-close-the-wage-gap","slug":"would-salary-transparency-help-close-the-wage-gap","modified":"2019-02-12T18:17:59","title":"Would Salary Transparency help close the Wage Gap?","content":"Salary secrecy impacts the gender wage gap in subtle ways. Pay transparency might have a significant benefit: closing the gender wage gap. When salaries are kept secret, pay discrimination becomes a lot easier for employers. Without salary transparency, workers may not know if they are being underpaid. Could pay transparency eradicate the gender wage gap altogether?\\nSubtle Discrimination\\nSalary secrecy may particularly affect the gender wage gap, which is subtle in nature. For example, men are seen as more likeable during salary negotiations than women. Employers also might think that a woman will be less devoted to her job once she has children. Certain unconscious biases like these contribute to the wage gap. When salaries are kept secret, it’s easier for structural inequalities like these ones to persist. It’s much harder for women to challenge wage discrimination when they are unaware of how much their male colleagues are making compared to them. When wages are transparent, it’s harder for employers to hide biases against female employees. \\nThe Law on Discussing Your Compensation With Coworkers\\nIn 2014, President Barack Obama signed an executive order that prohibited federal contractors from retaliating against employees who discuss their salaries with one another. Some states have also passed laws that promote salary transparency. For example, in 2015, New York amended its equal pay law to include a section that prevents an employer from prohibiting employees from discussing/disclosing their salaries or the salaries of other employees. One study found that women with higher education levels who live in states legally require more salary transparency have higher earnings and a smaller wage gap between men and women. However, legally prohibiting people from discussing their salaries with each other may not be enough. Talking about your earnings with your coworkers can definitely be a taboo topic of conversation. Having complete wage transparency would allow coworkers to be aware of each other’s earnings without having to endure this kind of uncomfortable conversation.\\nIs Wage Transparency Enough?\\nSalary transparency is a starting point for tackling the gender wage gap. However, some experts argue that transparency alone will not eradicate sex-based discrimination in the workplace. In an interview with the NY Times, Dr. Huet-Vaughn, an economist at U.C.L.A., said that: “information alone is not enough. Remedying such discrimination will require institutions — governments, unions, courts, political and advocacy organizations — with a willingness to make use of that information.”\\nSeek Legal Assistance Today\\nWage discrimination on the basis of sex is illegal. If you have experienced wage discrimination in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Salary secrecy impacts the gender wage gap in subtle ways. Pay transparency might have a significant benefit: closing the gender wage gap. When salaries are kept secret, pay discrimination becomes a lot easier for employers. Without salary transparency, workers may not know if they are being underpaid. Could pay transparency eradicate the gender wage gap&hellip;</p>\\n"},{"id":7797,"path":"/blog/mcdonalds-rage-when-customers-attack-workers-have-few-rights","slug":"mcdonalds-rage-when-customers-attack-workers-have-few-rights","modified":"2019-02-03T18:10:02","title":"McDonald’s Rage: When Customers Attack, Workers Have Few Rights","content":"Low wage employees at McDonald’s are assaulted far too often. Just since the beginning of 2019, there have been cases of customers physically abusing McDonald’s workers. For example, a cashier in St. Petersburg was grabbed by a customer who was enraged that he did not receive a plastic straw. In a viral video, we can see that she physically defended herself by punching him in the face. In South Carolina, a man threw hot coffee on a 16-year-old worker because his french fry order was taking too long. The worker suffered from third degree burns. Enough is enough. McDonald’s employees should not have to face physical threats at work. This issue has since sparked protests for more employee protections and calls for more training to combat violence in the workplace, as more and more workers come forward with stories of physical abuse.\\nWhy Do These Altercations Happen?\\nSome of the people who have attacked McDonald’s workers were allegedly under the influence of drugs and/or alcohol. The influence of these substances may have caused these attackers to be more violent. Another issue is that people tend to look down on fast food workers who earn minimum wage. However, these employees are simply putting in an honest day’s work and should be treated with a basic level of respect and decency. Furthermore, many McDonald’s employees are young workers who are attempting to save money for their futures. Just last year, McDonald’s tripled its college tuition benefits for employees. These hardworking employees deserve much better treatment from the public. \\nPunishments for Customers who Assault Employees\\nThe man who grabbed the cashier in St. Petersburg was subsequently arrested. Police are still trying to identify the suspect who threw hot coffee on a worker in South Carolina. A McDonalds spokesman told the Tampa Bay Times that McDonald’s is reviewing how we respond to such incidents going forward, adding that it will always stand with our people and remain committed to their safety and well-being. Prosecuting attackers and even security personnel in McDonald’s may be solutions to this dangerous issue. How do you think we could prevent McDonald’s workers from being attacked? Should people be punished by having to eat cold fish sandwiches from McDonalds for every meal? Should customers who attack workers be made to work for McDonald’s at minimum wage and have to deal with customers who throw coffee and fits over French fries?\\nSeek Legal Assistance Today\\nIf you have suffered from a physical altercation in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Low wage employees at McDonald’s are assaulted far too often. Just since the beginning of 2019, there have been cases of customers physically abusing McDonald’s workers. For example, a cashier in St. Petersburg was grabbed by a customer who was enraged that he did not receive a plastic straw. In a viral video, we can&hellip;</p>\\n"},{"id":7794,"path":"/blog/the-government-shutdown-is-over-but-snoop-dogg-wants-us-to-remember-the-abuse-of-federal-employees","slug":"the-government-shutdown-is-over-but-snoop-dogg-wants-us-to-remember-the-abuse-of-federal-employees","modified":"2019-01-28T02:56:28","title":"The Government Shutdown is Over, but Snoop Dogg Wants Us to Remember the Abuse of Federal Employees","content":"The recent government shutdown left many federal workers without pay for weeks. Although President Trump agreed to end the government shutdown, going without pay will continue to affect federal employees. As Snoop Dogg recently pointed out, unpaid wages violate the trust between an employee and his or her employer. Unpaid wages are the hallmark of an abusive employer. Therefore, this significant period of unpaid wages will likely change how federal employees feel about their employer for years to come. \\nSnoop Dogg’s Response to the Shutdown\\nIn a recent Instagram post, Snoop Dogg shared his opinion on the government shutdown. He said that federal employees were being treated unfairly: “Y’all honest, blue-collar, hard-working people are suffering.” He also said that workers should not vote for Donald Trump in the upcoming 2020 presidential election: “ain’t no . . . way in the world y’all can vote for Donald Trump.” Snoop points out some of the most important concerns about shutting down the federal government: violating trust as an employer and treating employees badly. Not paying employees constitutes an unacceptable level of disrespect towards workers. Snoop Dogg called for the end of the shutdown in another post, saying: “End the shutdown so we can get back to everyday living.”\\nWhat Happens When The Federal Government Doesn’t Pay Its Employees?\\nUnpaid wages are a form of wage theft under the Fair Labor Standards Act. Therefore, federal employees are expected to receive back pay for hours worked during the shutdown. However, even with the deal to end the shutdown, federal workers most likely won’t receive back pay until sometime next week. Some federal workers live paycheck to paycheck. During the shutdown, workers missed payments on rent and other bills. Some federal employees are taking legal action against the federal government for this injustice. For example, employees at U.S. Customs and Border Protection, the Bureau of Prisons and Federal Aviation Administration have already filed lawsuits against the administration through their respective unions. One group of workers has even accused President Trump of violating the 13th amendment, likening unpaid work during the shutdown to involuntary servitude. The lawsuit also claims violations of the Fair Labor Standards Act. According to the suit, if the federal employees didn’t come to work during the shutdown, they could have faced discipline or termination. The suit claims that this work without pay amounts to a form of coercion that is barred by the 13th Amendment.\\nSeek Legal Assistance Today\\nIf you have experienced unpaid wages in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The recent government shutdown left many federal workers without pay for weeks. Although President Trump agreed to end the government shutdown, going without pay will continue to affect federal employees. As Snoop Dogg recently pointed out, unpaid wages violate the trust between an employee and his or her employer. Unpaid wages are the hallmark of&hellip;</p>\\n"},{"id":7791,"path":"/blog/mariott-sales-executive-alleges-racial-discrimination","slug":"mariott-sales-executive-alleges-racial-discrimination","modified":"2019-01-24T16:57:00","title":"Mariott Sales Executive Alleges Racial Discrimination","content":"Daryl Robinson, a former sales executive of Mariott Vacations Worldwide, is suing his former employer for racial discrimination, race harassment, failure to prevent race discrimination and harassment, and retaliation for opposing forbidden practices. Robinson, who says that he was the only African American employee in the entire office, claims that he was asked to dance as entertainment for fellow employees and that a photo of the character Buckwheat was used to represent him during a team-building exercise.\\nInstances of Racial Discrimination\\nThe recently filed lawsuit reveals several claims of racial discrimination in the workplace. When he was asked to dance by a director of sales during meetings, usually to music by Michael Jackson, Robinson felt singled-out and embarrassed. In another instance, the director of sales complimented the staff by saying “we have a good-looking crew.” The director of sales then looked at Robinson and allegedly said, “Daryl looks ready to breakdance. When his coworkers laughed at this comment, Robinson says he felt humiliated. John Dalton, Robinson’s attorney, said “one time, he did get up and dance . . . There were a number of times he was asked and he was like, No, no thanks. And when he did get up, he was the new guy. He didn’t want to make waves. Robinson also claims that did not have a cubicle workspace like that of his coworkers. Instead, he worked out of a “cramped” storage closet that had no air conditioning. His space was half that of his coworkers, the suit states. Finally, when Robinson did not submit a baby picture of himself to use for a team building exercise, a coworker used a picture of the Little Rascals character Buckwheat and asked the employees: “Who do you guys think this is?”\\nRobinson’s Departure and Mariott’s Response\\nRobinsons attorney said that his doctor put him on medical leave from work because of his anxiety. Being singled-out and targeted because of his race only made his anxiety worse. Robinson proceeded to resign from Mariott on Jan. 1, 2018. In the suit, Robinson is seeking unspecified compensatory and punitive damages. A Marriott Vacations Worldwide spokesman told NBC News: We are aware of the allegations of this suit but as a policy, do not comment on legal issues and matters.\\nSeek Legal Assistance Today\\nTitle VII of the Civil Rights Act prohibits discrimination on the basis of race. If you have been discriminated against or fired because of your race, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you if you have experienced discrimination in the workplace. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Daryl Robinson, a former sales executive of Mariott Vacations Worldwide, is suing his former employer for racial discrimination, race harassment, failure to prevent race discrimination and harassment, and retaliation for opposing forbidden practices. Robinson, who says that he was the only African American employee in the entire office, claims that he was asked to dance&hellip;</p>\\n"},{"id":7788,"path":"/blog/almost-25-of-nyc-diner-employees-experience-wage-theft","slug":"almost-25-of-nyc-diner-employees-experience-wage-theft","modified":"2019-01-16T18:02:34","title":"Almost 25% of NYC Diner Employees Experience Wage Theft","content":"According to the New York City Health Department, workers at diners and coffee shops have sued nearly 25% of these employers for underpayment over the last decade. Of the 92 suits, only 12 have been ruled on or settled. This lengthy legal process may deter workers from even filing lawsuits in the first place. Too often, diner owners escape having to pay their employees. For example, they declare bankruptcy, transfer assets to friends and relatives, or even sell the business altogether. According to a 2015 study, employers have not paid $125 million in violations and settlements in New York City alone. \\nRecent Wage Theft Claims\\nCourt records reveal a multitude of recent wage theft claims in New York City. For example, at the Galaxy Diner in Hell’s Kitchen, former servers and busboys claim that they were only paid between $2.50 and $3.50 per hour, including overtime. At the D&amp;D Coffee Shop in Borough Park, a former worker alleged that she was paid only $20 per 8½ -hour shift. Finally, at the Tick Tock Diner on 34th Street in Manhattan, former employees claim that they were only paid for 30 to 40 hours of work each week, even though they actually worked over 60 hours per week. Unfortunately, many more wage theft violations often go unreported. This issue particularly affects immigrant employees, who are more likely to work for less than minimum wage. Immigrants make up 64 percent of all industry workers in New York City, according to the U.S. Census Bureau’s American Community Survey. \\nTypes of Wage Theft\\nWorkers in all industries can suffer from wage theft. There are a variety of different ways that wage theft can occur. For example, employers must pay workers overtime: at least time and a half of the usual hourly pay rate for any hours worked in excess of 40 during a given workweek. It is illegal for employers to not pay workers the proper amount for overtime hours. Another wage theft violation can occur when an employer does not pay workers the minimum wage. The New York State minimum wage increased on December 31, 2018. In New York City, the minimum wage is $13.50 per hour for businesses with 10 or fewer employees and $15.00 per hour for businesses with 11 or more employees. Another common wage theft violation occurs when workers are asked to complete “off the clock” work. Work should start when you enter the workplace and end when you leave the workplace. Off the clock work occurs when employees are asked to work before and/or after their set hours without any additional pay. This violation can also occur when employees are asked to work through breaks without additional pay.\\n \\nSeek Legal Assistance Today\\nIf you have experienced wage theft in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>According to the New York City Health Department, workers at diners and coffee shops have sued nearly 25% of these employers for underpayment over the last decade. Of the 92 suits, only 12 have been ruled on or settled. This lengthy legal process may deter workers from even filing lawsuits in the first place. Too&hellip;</p>\\n"},{"id":7784,"path":"/blog/is-planned-parenthood-mistreating-its-pregnant-employees","slug":"is-planned-parenthood-mistreating-its-pregnant-employees","modified":"2019-01-09T18:24:45","title":"Is Planned Parenthood Mistreating Its Pregnant Employees?","content":"Discrimination against pregnant mothers is far too common in the American workplace. Pregnancy discrimination seems to be occurring in an organization that claims to champion women’s rights: Planned Parenthood. Interviews with several employees have raised issues of pregnancy discrimination among the women’s healthcare provider. For example, employees have alleged that the organization has not provided appropriate rest breaks for pregnant employees and considered pregnancy a negative factor in the hiring process. \\nThe Challenges of Pregnant Planned Parenthood Employees\\nMost Planned Parenthood offices do not provide any paid maternity leave for employees. In fact, of Planned Parenthood’s 55 regional offices, only six provide regular paid maternity leave. However, some locations allow mothers to take partially paid disability leave. One Planned Parenthood employee, Marissa Hamilton, gave birth this past summer. Her son was eight weeks premature and spent weeks in intensive care. The office she worked for doesn’t provide paid maternity leave. She started a fund-raiser on GoFundMe because she could not work at Planned Parenthood. However, pregnant mothers face workplace challenges that go beyond employee benefits. For example, Ta’Lisa Hairston, a Planned Parenthood medical assistant at the clinic in White Plains, New York, said that her high blood pressure was threatening her pregnancy. She claims to have sent her supervisors multiple notes from her nurse that advised her to take regular breaks at work. However, she alleges that supervisors ignored the notes and rarely gave her breaks. Hairston said she rarely took lunch breaks and often spent 10-hour shifts on her feet while pregnant. Her blood pressure became so high that she was eventually put on bed rest. After Hairston had been on maternity leave for eight of the 12 weeks guaranteed by the Family and Medical Leave Act, Planned Parenthood’s human resources department called her multiple times and tried to get her to return to work early. She resigned.\\nPlanned Parenthood’s Response to Accusations of Pregnancy Discrimination\\nPlanned Parenthood denied Ms. Hairston’s accusations. “All the individuals identified . . . were treated fairly and equitably, free of any discrimination,” said Vincent Russell, the head of Planned Parenthood’s Hawthorne, N.Y. office, which oversees the clinic where Hairston had worked. However, in response to the allegations of pregnancy discrimination, Dr. Leana Wen, the president of Planned Parenthood, said in a statement: “I believe we must do better than we are now . . . It’s our obligation to do better, for our staff, for their families and for our patients.” Christine Charbonneau, who heads a Planned Parenthood regional office in Seattle, blamed the lack of paid maternity leave on financial constraints. She said paying for maternity leave could force some clinics to close. “It is easy to accuse someone of hypocrisy if you’re not the one trying to find $2 million out of thin air,” she said.\\nSeek Legal Assistance Today\\nThe Pregnancy Discrimination Act of 1978 prohibits sex discrimination on the basis of pregnancy. The Working Solutions Law Firm, located in New York City, can assist you if you are struggling with pregnancy discrimination in the workplace. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Discrimination against pregnant mothers is far too common in the American workplace. Pregnancy discrimination seems to be occurring in an organization that claims to champion women’s rights: Planned Parenthood. Interviews with several employees have raised issues of pregnancy discrimination among the women’s healthcare provider. For example, employees have alleged that the organization has not provided&hellip;</p>\\n"},{"id":7780,"path":"/blog/ups-will-pay-4-9-million-following-class-action-religious-discrimination-lawsuit","slug":"ups-will-pay-4-9-million-following-class-action-religious-discrimination-lawsuit","modified":"2019-01-08T00:31:40","title":"UPS will pay $4.9 Million following Class-Action Religious Discrimination Lawsuit","content":"The U.S. Equal Employment Opportunity Commission (EEOC) recently filed a class-action religious discrimination lawsuit against UPS. UPS has a policy that prohibits male employees in certain positions from having beards or growing their hair below collar length. The EEOC claimed that, as a result of this policy, UPS refused to hire or promote individuals whose religious practices conflict with this appearance standard. Furthermore, the EEOC alleged that individuals who maintained beards and long hair for religious reasons were segregated to positions that did not involve customer contact. UPS will pay a total of $4.9 million for this religious discrimination violation. \\nWhat Appearance Policies are Legal at Work?\\nIn this lawsuit, UPS violated the Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against individuals because of their religion and requires employers to reasonably accommodate an employee’s religious beliefs. Federal law also prohibits employers from discriminating against employees based on race, color, national origin, sex, religion, disability, or age. Because UPS’s policy prevented individuals with certain religious beliefs from working in certain positions, it was an unlawful act of religious discrimination. However, companies can still legally have appearance and grooming policies for their employees. For example, employees may be required to abide by a dress code or cover any visible tattoos. Appearance policies such as these only are illegal when they require individuals to violate their religious beliefs. In UPS’s case, their appearance policy directly violated the guidelines of several religions. For example, Orthodox Judaism, Rastafarianism, and Sikhism all have restrictions on cutting hair. In these instances, employers must make reasonable accommodations for the grooming standards of these religious faiths. Then, employees will not have to choose between their religious beliefs and their job.\\nUPS’s Response\\nUPS does not agree with the outcome of the lawsuit. They issued a statement saying: UPS is proud of the diversity of its workforce and does not tolerate discrimination of any kind. While UPS disagrees with assertions made by the EEOC, the company resolved this lawsuit because we choose to focus our energy on our hiring and promotion process, rather than lengthy and costly court proceedings. However, following this lawsuit, UPS will have to amend its religious accommodation process for job applicants and employees, provide nationwide training to managers, supervisors, and human resources employees, and publicize religious accommodations online. UPS’s statement continued, saying “UPS willingly agreed to additional training and enhancements to our religious accommodation process because it is wholly consistent with the company’s deeply held diversity, inclusion, and fair employment values.”\\nSeek Legal Assistance Today\\nReligious discrimination is illegal. If you have been unfairly discriminated against at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The U.S. Equal Employment Opportunity Commission (EEOC) recently filed a class-action religious discrimination lawsuit against UPS. UPS has a policy that prohibits male employees in certain positions from having beards or growing their hair below collar length. The EEOC claimed that, as a result of this policy, UPS refused to hire or promote individuals whose&hellip;</p>\\n"},{"id":7767,"path":"/blog/critics-call-hungarys-new-overtime-wage-policy-a-slave-law","slug":"critics-call-hungarys-new-overtime-wage-policy-a-slave-law","modified":"2018-12-19T23:47:51","title":"Critics Call Hungary’s New Overtime Wage Policy a “Slave Law”","content":"A new law in Hungary allows employees to work up to 400 hours of overtime every year. However, the new law also permits employers to delay overtime wage payments for up to three years. Critics call the new legislation a slave law. Labor unions have pointed out that Hungarians already struggled with low wages and poor working conditions. This new law may further damper workers’ rights in Hungary. And now to give employers, especially multinational companies who want even lower wages, so much more power over workers, its very unfair, says László Kordás, the head of the Hungarian Trade Union Confederation.\\nReactions in Hungary\\nThousands have protested in Budapest ever since Hungarian lawmakers approved the new overtime law. Protestors waved Hungarian and European Union flags. One hand-made sign read: All I want for Xmas is democracy. This law particularly affects workers throughout the busy holiday season, as many employees pick up extra hours during this time of year. “This ‘slavery law’ naturally creates a sense of solidarity because it can affect almost every Hungarian citizen,” said Bence Tordai, an opposition party member of Parliament. The Republikon Institute, a Hungarian think tank, determined that 63 percent of Prime Minister Orbán’s supporters disapprove of the new policy. Over 95 percent of the prime minister’s critics also disapprove of it. Hungary’s government has defended the new law, saying it will ease the issue of the shortage of workers in the country. However, many Hungarians still feel strongly that, because of how long overtime payments can be delayed, this legislation is a “slave law.” So far, the Hungarian government has not taken any action to repeal the law. \\nOvertime Law in the United States\\nFortunately, overtime law in the United States does not allow employers to delay overtime payments for such a long period of time. The U.S. federal overtime legislation is contained within the Fair Labor Standards Act (FLSA). Overtime-eligible employees must receive overtime wages for any hours worked in excess of 40 in a workweek. Overtime pay rates may not be less than time and one-half of an employee’s regular pay rate. There is no limit in the FLSA on the number of overtime hours that adult employees may work in a week. Furthermore, the FLSA requires that employers pay overtime wages on the regular payday for the pay period in which employees worked those hours. In the United States, delaying overtime payments for an extended period of time is illegal.\\nSeek Legal Assistance Today\\nEmployers are legally required to pay overtime wages in the United States. Do not let unpaid wages ruin your holiday season. If you have not been paid your rightful overtime earnings, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A new law in Hungary allows employees to work up to 400 hours of overtime every year. However, the new law also permits employers to delay overtime wage payments for up to three years. Critics call the new legislation a slave law. Labor unions have pointed out that Hungarians already struggled with low wages and&hellip;</p>\\n"},{"id":7764,"path":"/blog/how-the-grinch-stole-wages-qantas-asks-employees-to-work-voluntary-and-unpaid-shifts-during-holiday-season","slug":"how-the-grinch-stole-wages-qantas-asks-employees-to-work-voluntary-and-unpaid-shifts-during-holiday-season","modified":"2018-12-16T18:16:05","title":"How the Grinch Stole Wages: Qantas asks Employees to Work Voluntary and Unpaid Shifts during Holiday Season","content":"A recently leaked memo from Qantas, an Australian airline, asked employees to consider working voluntary and unpaid shifts during the holiday season. This volunteer initiative has angered employees and customers alike. Many have claimed that asking employees to perform unpaid work during this especially busy travel period is wage theft.\\nQantas’ Request\\nThe memo reads: “To support our airport teams at [Sydney International Terminal] over the 2018 peak Christmas travel period, were trialing a new volunteer program for our Campus-based people whod like to lend a hand to the frontline in December and January. We require volunteers to assist at the self-service check-ins and auto bag drop area, bussing gates, concourse arrivals hall and at the transfer desk.” The memo also clearly states that these shifts will be voluntary and unpaid. A Qantas spokesperson later confirmed to the Sydney Morning Herald that volunteers would have other various responsibilities, such as distributing water bottles to travelers and offering directions in the airport. The spokesman also said that the volunteer program is not about cutting costs, this is about spreading a bit of Christmas cheer during a really busy period. However, Qantas would still profit from this unpaid labor. Is Qantas robbing its employees at Christmas?\\nIs This Wage Theft?\\nThe Australian Services Union (ASU) New South Wales branch secretary told the Sydney Morning Herald referred to the airlines move as a “classic Grinch tale and akin to wage theft. Similar responses have echoed on social media. The crime of wage theft occurs when an employee is not given the wages, salary, or benefits that the law entitles them to have. If Qantas employees are not required to perform this unpaid work and this program is truly voluntary, then it is legal. However, allowing employees to perform unpaid work during this particularly busy travel season raises ethical questions. Even if an employee is willing to volunteer his or her time, is it ethical that these positions are unpaid when Qantas paid their CEO $25 million last year and reported a record profit of $1.6 billion between 2017 and 2018?\\n\\nForms of Wage Theft\\nWage theft can occur in several ways. For example, wage theft includes a failure to pay minimum wage, failure to pay overtime, misclassification of workers so that they are paid less than required by the law, or not paying a worker for all of their services completed. Wage theft can also occur in instances where there has been an unfair wage deduction that violates a previous employment contract. To resolve wage theft claims, workers can sue their employer in order to get back their rightful earnings.\\nSeek Legal Assistance Today\\nWage theft is illegal. Don’t let the Grinch steal your wages this holiday season. If you are dealing with unpaid wages at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A recently leaked memo from Qantas, an Australian airline, asked employees to consider working voluntary and unpaid shifts during the holiday season. This volunteer initiative has angered employees and customers alike. Many have claimed that asking employees to perform unpaid work during this especially busy travel period is wage theft. Qantas’ Request The memo reads:&hellip;</p>\\n"},{"id":7761,"path":"/blog/facebooks-race-problem","slug":"facebooks-race-problem","modified":"2018-12-08T16:27:52","title":"Facebook’s Race Problem","content":"Mark S. Luckie, Facebook’s former Strategic Partner Manager for Global Influencers focused on Underrepresented Voices, recently sent a memo to Facebook employees around the world. Before his last day at the company, Luckie wanted to expose what he calls Facebook’s “black people problem.” He described several issues that black employees at the company have had to face.\\nLuckie’s Accusations\\nBlack people are one of the most engaged demographics on Facebook. According to the Pew Research Center, 70% of black U.S. adults use Facebook. Despite this high level of engagement, Luckie describes a lack of racial inclusion in certain areas of the company. Black employees are often asked questions like “What do black people think about…, or “Is this racist?” Luckie suggests that, because Facebook’s work affects black people, it is far more effective to hire black employees at higher levels who have access to the context of Facebook’s processes and goals. He acknowledges that there has been a hiring increase of people from diverse communities over the last year. Although diversity is an essential workplace goal, Luckie says that Facebook still lacks inclusion for black employees. Simply hiring diverse employees isn’t a lasting solution to racial inequality if those employees are not included in meaningful work.\\nDisparity Between User and Employee Demographics\\nFacebook’s user base does not reflect its employees. For example, Luckie describes how there are often more Black Lives Matter posters in Facebook offices than there are actual black people. Even though black people are such a huge part of Facebook’s user base, Facebook has disproportionately few black employees. Furthermore, Luckie describes instances where black employees at Facebook have faced discrimination. For example, he says non-black employees have called black employees hostile or aggressive just for sharing their thoughts. Additionally, he says that colleagues frequently clutch their wallets when he walks by.\\nThe Importance of Human Resources\\nWhen issues of racial discrimination arise in the workplace, Human Resources can play an essential role in resolving them. However, Luckie did not find his experience with Human Resources at Facebook to be helpful. He says that black employees are made to feel like experiences of discrimination are figments of their imagination. In this way, HR protects Facebook management, not lower-level employees. HR practices such as these can lead to low employee morale, thereby lowering productivity.\\nLuckie’s Decision to Leave Facebook\\nBecause of the workplace culture surrounding race at Facebook, Luckie decided to leave his position. He left some recommendations to the company regarding how they could improve their racial issues. For example, he suggested metrics that would ensure that racial representation is everyone’s responsibility. Additionally, he proposed systems for employees to anonymously report racial microaggressions.\\nSeek Legal Assistance Today\\nRacial discrimination in the workplace is illegal. If you have experienced racial discrimination at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Mark S. Luckie, Facebook’s former Strategic Partner Manager for Global Influencers focused on Underrepresented Voices, recently sent a memo to Facebook employees around the world. Before his last day at the company, Luckie wanted to expose what he calls Facebook’s “black people problem.” He described several issues that black employees at the company have had&hellip;</p>\\n"},{"id":7758,"path":"/blog/female-prison-workers-face-sexual-harassment","slug":"female-prison-workers-face-sexual-harassment","modified":"2018-11-27T21:19:58","title":"Female Prison Workers Face Sexual Harassment","content":"Another employment sector is under fire for sexual harassment in today’s #MeToo era. Female federal prison workers are coming forward to describe their experiences with sexual harassment at work. Prisoners have allegedly threatened rape, exposed themselves, and even groped female employees. To make matters worse, male employees have encouraged this unacceptable behavior and even participated in it.\\nNew York Times Examination\\nThe New York Times recently conducted a thorough examination of the unique challenges that female federal prison workers face. The examination revealed a culture of protecting harassers and downplaying the concerns of victims. For example, Jessica Hodack, a prison secretary in California, was told by her manager to “let it go” after a prisoner threatened to rape her. Melinda Jenkins, a prison security guard, was groped by an inmate and subsequently was told to “play it down” from her superiors. This investigation suggests that prison management is allowing a toxic culture of sexual harassment to fester in federal prisons. \\n2017 Lawsuit\\nThe issue of sexual harassment in prisons has existed for many years. In 2017, the Bureau of Prisons paid $20 million to female employees at a prison in Florida. The suit revealed that managers had continually ignored female complaints about inmates masturbating in front of them. Prisoners referred to this act as “gunning.” Female employees sought to avoid areas known as “gun ranges.” 135 women testified in the case. One woman said that she saw roughly 25 to 30 inmates masturbating during one shift. Male officers mocked the female employees who complained about this serious issue. In the Bureau of Prisons, women now make up a third of the agency’s workforce. The prisoners these women oversee are 93 percent male. The more recent New York Times examination suggests that the workplace culture in prisons has not dramatically changed since this 2017 lawsuit. \\nShould Women Work in Male Prisons?\\nIn response to these devastating stories of sexual harassment, some have questioned whether women should work in male prisons. Several female prison workers have responded to explain why they desire to remain in these seemingly dangerous jobs. Susan Dean, a prison librarian, explained that federal prisons are usually located in small towns with few employment opportunities. Women often need these jobs to make a living. She argued that reform needs to happen, adding that women are just as entitled to these jobs as men. Another federal prison employee said that her access to training helped her handle catcalling and harassment from inmates. With the proper training, women are equipped to handle these difficult situations. Finally, a male correctional nurse commended his female colleagues, saying that they were often better than male officers at making inmates follow orders. He said that female employees were often able to use words rather than physical force.\\nSeek Legal Assistance Today\\nSexual harassment is an illegal form of sex discrimination. No one should have to face this issue at work. If you have experienced sexual harassment at work, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Another employment sector is under fire for sexual harassment in today’s #MeToo era. Female federal prison workers are coming forward to describe their experiences with sexual harassment at work. Prisoners have allegedly threatened rape, exposed themselves, and even groped female employees. To make matters worse, male employees have encouraged this unacceptable behavior and even participated&hellip;</p>\\n"},{"id":7753,"path":"/blog/the-ugly-side-of-a-beauty-brand-former-nyc-marketing-vice-president-sues-loreal-for-discrimination","slug":"the-ugly-side-of-a-beauty-brand-former-nyc-marketing-vice-president-sues-loreal-for-discrimination","modified":"2018-11-11T18:29:19","title":"The Ugly Side of a Beauty Brand: Former NYC Marketing Vice President Sues L’Oreal for Discrimination","content":"Amanda Johnson, former L’Oreal marketing vice president in New York City, has sued the cosmetics company due to racial discrimination and a hostile work environment. Johnson was first hired as an assistant vice president of digital marketing, and she quickly rose up the corporate ladder at L’Oreal. Even at the highest levels of management, however, she claims that she experienced a sexist and racist culture in L’Oreal’s c-suite. Johnson claims that L’Oreal’s sexist corporate culture involved male colleagues watching pornography in the workplace and hiring sex workers on corporate trips. She further said that she felt physically threatened by fellow Vice President Nicolas Krafft and submitted an internal complaint to her boss also complaining that she believed Kraft was mistreating her because of her race. According to Johnson, L’Oreal quickly fired her in retaliation for raising the race issue. L’Oreal claims that the reasons for Johnson’s termination included communications issues and absence in the office.\\nAllegations of a Toxic Work Environment\\nIn Johnson’s federal lawsuit filed in New York City, she describes several instances where the company’s culture was toxic. For example, she says she witnessed a male executive watching pornography during a business meeting. She also claims to have endured parties at luxury European hotels during work trips where sex workers were present. Additionally, she believes Vice President Kraft had disrespected and threatened her because she is black. Despite the alleged discrimination, however, Johnson claims that L’Oreal capitalized on her race. Part of her work included teaching the company how to better market hair care products to women of color. Therefore, L’Oreal allegedly still earned profits from women of color despite discriminating against them. In addition to racial discrimination, Johnson also claims disability discrimination in the suit. She is suing for all earnings she would have received, as well as compensatory and punitive damages.\\nL’Oreal’s Response\\nIn response to Johnson’s serious allegations, L’Oreal released a statement saying that “Amanda Johnson was fired for a pattern of unprofessional conduct that surfaced during her final months at the company, including what in our view was abusive and threatening behavior toward colleagues, serious lapses in judgment, and declining performance.” However, the company says it took the allegations seriously, saying that they “investigated them all with great care, as they had not been reported to Human Resources when she was with the company.” Ultimately, however, L’Oreal says that no one they spoke with substantiated Johnson’s claims and added that they are an equal opportunity employer. Johnson’s lawyers responded to this statement, saying “L’Oréal’s public response to Ms. Johnson’s complaint shows that the company holds underrepresented minorities to a different standard in all respects. L’Oréal again has wrongfully tried to discredit and punish the victim, an African-American woman, by choosing to accept a false version of events as told by a few white employees on its payroll.”\\nSeek Legal Assistance Today\\nIf Johnson’s claims are true and she can prove it, she will have a meritorious lawsuit against her former employer. The Equal Opportunity Act outlaws discrimination based on race, color, national origin, sex, religion, age, disability, political beliefs, and marital or familial status. If you have experienced discrimination in the workplace in New York or New Jersey, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Amanda Johnson, former L’Oreal marketing vice president in New York City, has sued the cosmetics company due to racial discrimination and a hostile work environment. Johnson was first hired as an assistant vice president of digital marketing, and she quickly rose up the corporate ladder at L’Oreal. Even at the highest levels of management, however,&hellip;</p>\\n"},{"id":7750,"path":"/blog/can-pregnancy-discrimination-at-work-cause-a-miscarriage","slug":"can-pregnancy-discrimination-at-work-cause-a-miscarriage","modified":"2018-11-07T23:23:21","title":"Can Pregnancy Discrimination at Work Cause a Miscarriage?","content":"A recent New York Times investigation has found that women in physically demanding jobs lost their pregnancies after employers denied their requests for accommodations. Some employers even ignored doctor’s notes that pregnant employees provided. When the expectant mothers continued to perform such physically demanding work, they miscarried. The federal laws regarding pregnancy discrimination are vague. The Pregnancy Discrimination Act states that a company has to accommodate pregnant workers’ requests only if it is already doing so for other employees who are “similar in their ability or inability to work.” Therefore, some companies that do not give any employees accommodations have no obligation to do so for pregnant women. Essentially, if companies “treat their nonpregnant employees terribly, they have every right to treat their pregnant employees terribly as well,” said Representative Jerrold Nadler, Democrat of New York, who has recently pushed for stronger federal protections for expecting mothers.\\nThe Case of XPO Logistics\\nThe New York Times investigation revealed that four employees at XPO logistics warehouses had miscarriages in 2014. The expectant mothers had all asked for light duty. Three said they brought in doctors’ notes recommending less taxing workloads and shorter shifts. The women claim supervisors disregarded the letters. For most women, it is safe to work while pregnant.\\nHowever, there is “a slight to modest increased risk of miscarriage” for women who do extensive lifting in their jobs, according to guidelines published this year by the American College of Obstetricians and Gynecologists. “When employers ignore these medical recommendations, they are potentially jeopardizing patients’ health,” said Rebecca Jackson, the chief of obstetrics and gynecology at San Francisco General Hospital. “It’s especially bothersome to me that this is occurring for women in strenuous jobs, given that they are at the most risk of injuring themselves or the pregnancy.” Issues of pregnancy discrimination do not only affect women who work in physically demanding jobs, however. Discrimination against expectant mothers is rampant in all types of industries. The New York Times report included women who worked at a hospital, a post office, an airport, a grocery store, a prison, a fire department, a restaurant, a pharmaceutical company, and several hotels.\\nLegislative Change\\nA bipartisan group of lawmakers has proposed a revision to the 1978 Pregnancy Discrimination Act. The new bill would require companies to accommodate pregnant women — for example, by offering extra breaks or the option of light duty — as long as it does not impose an “undue hardship” on their business. This wording is similar to the Americans With Disabilities Act. However, the proposed bill has stalled. We still have a long way to go regarding the issue of pregnancy discrimination.\\nSeek Legal Assistance Today\\nNo woman should have to choose between losing her unborn child or her job. The Working Solutions Law Firm, located in New York City, can assist you if you are struggling with pregnancy discrimination in the workplace. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>A recent New York Times investigation has found that women in physically demanding jobs lost their pregnancies after employers denied their requests for accommodations. Some employers even ignored doctor’s notes that pregnant employees provided. When the expectant mothers continued to perform such physically demanding work, they miscarried. The federal laws regarding pregnancy discrimination are vague.&hellip;</p>\\n"},{"id":7745,"path":"/blog/frat-boy-culture-in-the-workplace","slug":"frat-boy-culture-in-the-workplace","modified":"2018-11-02T01:28:01","title":"Frat-Boy Culture in the Workplace","content":"In the “#MeToo” era, people are becoming increasingly aware of the problem of sexual harassment in the workplace. This problem can arise in small and large companies. For example, WeWork, a New York City start-up that provides shared workspaces for tech-startups, recently has been accused of having a “frat-boy” workplace culture. Ruby Anaya, a former WeWork employee, alleges that the “frat-boy culture” enabled sexual misconduct and punished employees for coming forward. \\nLawsuit Filed\\nAnaya filed a lawsuit against WeWork in the Manhattan Supreme Court this month. She described two major incidents during which male coworkers allegedly touched her inappropriately. Anya claims that the company ignored this sexual misconduct. The sexual harassment and assaults of [Anaya] did not happen in a vacuum, her lawsuit alleges. They are a product in part of the entitled, frat-boy culture that permeates WeWork from the top down. Anaya is suing for back pay and lost wages, including the value of her lost stock options and benefits, along with damages for emotional distress.\\nWhen Does a Workplace Culture Become Toxic?\\nAnya, the former director of culture at WeWork, alleges that the company emphasized informality and alcohol. Anaya claims a WeWork co-founder plied her with tequila shots in her interview. Additionally, she mentioned that corporate events—obligatory weekly happy hours and mandatory, multi-day, all-staff meetings—heavily encouraged employees to drink. In conjunction with the alcohol use, she alleges that there was an implicit understanding that WeWork wouldn’t penalize employees for unprofessional behavior. At one event involving alcohol, another employee grabbed her from behind in a sexual manner as she was standing in a crowd. Anaya says she reported the incident to HR, and a representative accepted his explanation that he had been black-out drunk and had no recollection of the incident without interviewing anyone else who saw what happened. That man still has a job at WeWork. Another incident of sexual misconduct occurred at a workplace event involving heavy drinking. The lawsuit claims that a male employee grabbed her waist and pulled her body towards him, tightening his grip when she tried to get away. He then forcibly kissed her, thrust his tongue in her mouth and refused to release her. Finally, [Anaya] was able to push him off her and slapped him. He just smiled at her. If these allegations are true, WeWork seems to have an extremely toxic workplace culture.\\nWeWork’s response\\nIn a statement, WeWork strongly denied the allegations: These claims against WeWork are meritless and we will fight this lawsuit. WeWork has always been committed to fostering an inclusive, supportive, and safe workplace.” The company claims that they only terminated Anya because of her poor performance: “She was rated as one of the lowest performers on her team, based on feedback from her peers and managers. Upon being terminated, she acknowledged her poor performance and that she hadnt been showing up to work regularly.”\\nSeek Legal Assistance Today\\nThe Working Solutions Law Firm, located in New York City, can assist you if you are struggling with sexual harassment issues in the workplace. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In the “#MeToo” era, people are becoming increasingly aware of the problem of sexual harassment in the workplace. This problem can arise in small and large companies. For example, WeWork, a New York City start-up that provides shared workspaces for tech-startups, recently has been accused of having a “frat-boy” workplace culture. Ruby Anaya, a former&hellip;</p>\\n"},{"id":7741,"path":"/blog/non-competes-in-new-york-city-what-is-lawful","slug":"non-competes-in-new-york-city-what-is-lawful","modified":"2018-10-30T03:11:09","title":"Non-competes in New York City: What is Lawful?","content":"Non-compete defense occurs when employees leave, compete with a former employer, and break a contract in doing so. Non-competes, which originally were used to keep top executives from taking trade secrets to rival firms, have now become common among all types of workers. For example, non-competes in the medical field – ie nurses and doctors – are particularly popular. Non-competes now cover 18 percent of all U.S. employees and have covered 38 percent of workers at some point in time. Additionally, 14 percent of workers without college degrees have non-competes. With this rising popularity, employers and employees need to be aware of their contractual obligations. Seek legal assistance to ensure your agreement is lawful.\\nRestrictions under Non-Compete Agreements\\nThe use of these agreements is premised on the possibility that an employee might begin working for a competitor and gain a competitive advantage by exploiting confidential information about their former employers operations. Usually, an agreement contains limitations regarding the geographical area and time period in which an employee may not compete. The extent to which types of non-compete clauses are legally allowed varies based on jurisdiction. For example, New York courts will not enforce a non-compete agreement where the former employee was involuntarily terminated. Additionally, under New York law, a non-compete agreement will only be enforced if it is no greater than is required for the protection of the legitimate interest of the employer, does not impose undue hardship on the employee, and is not injurious to the public.\\nAsk the Right Questions\\nEmployers should ask job candidates whether they have an agreement with their current or former employer that includes a non-compete clause. If they say Yes, ask to see the agreement and have an experienced lawyer look at it. Make your intentions with your new hires clear. Have an attorney draft a statement stating that you dont want the new hire to compete unfairly with a former employer, breach any non-compete agreement, or use any confidential information of a former employer. Ask the new employee to sign it. Dont ask a new hire for any confidential information, trade secrets, or client lists. If an employee offers it, you should decline. Working with an experienced attorney can legally protect you in a non-compete situation.\\n \\nSeek Non-Compete Assistance Today\\nWith non-competes becoming more common, employers and employees often need legal assistance. A Wall Street Journal analysis, for one, found that non-compete lawsuits increased by 60 percent between 2002 and 2013. The Working Solutions Law Firm, located in New York City, can assist you if you are struggling with a non-compete agreement. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Non-compete defense occurs when employees leave, compete with a former employer, and break a contract in doing so. Non-competes, which originally were used to keep top executives from taking trade secrets to rival firms, have now become common among all types of workers. For example, non-competes in the medical field – ie nurses and doctors&hellip;</p>\\n"},{"id":7737,"path":"/blog/manhattan-nanny-fired-after-enduring-racial-discrimination","slug":"manhattan-nanny-fired-after-enduring-racial-discrimination","modified":"2018-10-17T19:48:01","title":"Manhattan Nanny Fired After Enduring Racial Discrimination","content":"In 2016, the wife of a Manhattan financier hired a nanny to care for her newborn. Upon discovering the race of the new nanny, she intended to send her husband a text saying “NOOOOOOOOOOO ANOTHER BLACK PERSON.” Lynsey Plasco-Flaxman, a mother of two, wrote this message upon meeting the new nanny, Giselle Maurice, for her first day at work. However, Plasco-Flaxman did not actually send this message to her husband. She accidentally sent the message to her nanny. Twice. Upon realizing her mistake, Lynsey Plasco-Flaxman fired Maurice because she felt “uncomfortable.” Part of her reasoning was that they were expecting a Filipino this time. Plasco-Flaxman noted that their previous nanny was also black and had done a bad job. However, there is never any legitimate excuse for racial discrimination or stereotyping.\\nNanny Files Lawsuit\\nMaurice, an experienced caretaker, is now suing the couple for discrimination and seeking compensation for wages she would have earned during this employment period — $350-a-day for a six-month period. “[I want] to show them, look, you don’t do stuff like that. I know it’s discrimination,” Maurice told The New York Post. Maurice said she never would have treated the newborn baby any differently because of the mother’s racial discrimination. “This is my reputation. Why would I do something to a baby?” she said. “I was willing to work with her and prove her wrong, but it was her conscience, and she couldn’t work with me anymore.” Maurice first attempted to resolve this issue in mediation, but after that failed, she decided to file this lawsuit.\\nThe Parents’ Defense\\nThe family says their actions were reasonable and argued that they could no longer trust Maurice after offending her with this text message. “[My wife] had sent her something that she didn’t mean to say. She’s not a racist. We’re not racist people,” Mr. Plasco told The New York Post. “But would you put your children in the hands of someone you’ve been rude to, even if it was by mistake? Your newborn baby? Come on.” Plasco said that they didn’t owe her any more money because there was no formal contract, and that the suit is just “extortion.” “My wife was two months off having a baby, suffering from a very difficult situation. You’re going to go after someone like that? That’s not a very nice thing to do,” he said. However, the couple will have to face the consequences of this offensive text in court.\\nSeek Legal Assistance Today\\nIt is illegal for an employer to fire someone based on the color of their skin. Title VII of the Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex and national origin. If you have been discriminated against or fired for any of these characteristics, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you if you have experienced discrimination in the workplace. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In 2016, the wife of a Manhattan financier hired a nanny to care for her newborn. Upon discovering the race of the new nanny, she intended to send her husband a text saying “NOOOOOOOOOOO ANOTHER BLACK PERSON.” Lynsey Plasco-Flaxman, a mother of two, wrote this message upon meeting the new nanny, Giselle Maurice, for her&hellip;</p>\\n"},{"id":7734,"path":"/blog/amazon-raises-its-minimum-wage-to-15-an-hour","slug":"amazon-raises-its-minimum-wage-to-15-an-hour","modified":"2018-10-10T00:25:59","title":"Amazon Raises its Minimum Wage to $15 An Hour","content":"In response to recent allegations of unfair employee treatment, Amazon said it will boost its minimum wage for all U.S. workers to $15 an hour starting in November. The decision affects more than 350,000 employees, as Amazon is one of the largest employers in the United States. Workers in customer service or operations, some of whom already make $15 an hour, will also get pay raises. A company spokesman predicted the wage increase will “have a profound impact on the lives of tens of millions of people and families across this country.” The minimum wage increase also applies to Whole Foods and all other subsidiary employees of Amazon.\\nAmazon’s Critics and Response\\nVermont Senator Bernie Sanders has previously attacked Amazon, accusing the company of paying workers so little that they have to rely on government assistance to survive. In a recent news conference, Sanders said that he wanted to “offer credit where credit is due. I want to congratulate Mr. Bezos for doing exactly the right thing.” Amazon said it will also start advocating for an increase to the federal minimum wage, something Senator Sanders has done for years. Others have also criticized the company for its earnings gap. For 2017, the median Amazon employee earned just under $28,500, according to company filings. CEO Jeff Bezos earned $1.7 million. Regarding the minimum wage increase, Bezos said “We listened to our critics, thought hard about what we wanted to do, and decided we want to lead. Were excited about this change and encourage our competitors and other large employers to join us. Amazon subsequently announced that its public policy team will begin lobbying for an increase in the federal minimum wage, which has been $7.25 an hour since 2009.\\nUpcoming Minimum Wage Increases\\nOther companies have followed Amazon’s example. Retail rival Target announced in its holiday hiring release that it would raise the minimum hourly wage to $15 by 2020. Walmart announced plans in January to raise its minimum wage to $11. Disney agreed to pay a minimum of $15 an hour at Disneyland in California in 2019 and at Disney World in Florida by 2021. Paul Sonn, state policy program director for the National Employment Law Project, said Amazons announcement would put pressure on even more companies to raise their minimum wages. Congress will likely also feel pressure to lift the national minimum wage as a result of Amazon’s decision. Twenty-nine states, including New York, have their own minimum wages higher than the federal minimum wage of $7.25.\\nSeek a New York Wage Attorney to Combat Minimum Wage Violations\\nAlthough Amazon has decided to increase its minimum wage, many employers regularly violate federal and state minimum wage laws. If you have not been paid the federal or New York state minimum wage, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>In response to recent allegations of unfair employee treatment, Amazon said it will boost its minimum wage for all U.S. workers to $15 an hour starting in November. The decision affects more than 350,000 employees, as Amazon is one of the largest employers in the United States. Workers in customer service or operations, some of&hellip;</p>\\n"},{"id":7730,"path":"/blog/cosby-actor-job-shamed-at-trader-joes","slug":"cosby-actor-job-shamed-at-trader-joes","modified":"2018-10-08T22:47:55","title":"Cosby Actor Job-Shamed at Trader Joe’s","content":"Geoffry Owens is known for his role as Elvin Tibideaux on the Cosby show. Today, he works as a cashier at Trader Joe’s. Recently, a photo of Owens at work went viral. People mocked the former actor for taking this lower paying job. The Mail Online posted an article with the headline: From learning lines to serving the long line! Others found this article insulting because it job-shamed Owens. Those who disagreed with the article highlighted that Owens was simply trying to make an honest living. For example, Harry Potter actor Chris Rankin was among his defenders, tweeting that he had worked in a kitchen after the movie franchise came to an end. Rankin tweeted, “you do what you need to do and that’s nothing to be ashamed of.”\\nOwen’s Response\\nOwens told ABC that the responses of those who came to his defense were really overwhelming, in a good way. On Good Morning America, he said “I feel like Im more of a celebrity now than Ive ever been. Im more of a celebrity now than when I was actually a celebrity. After seeing the viral photo, filmmaker Tyler Perry tweeted a job offer to Owens for his next project. Perry said, “I have so much respect for people who hustle in between gigs. The measure of a true artist.” Almost all actors have worked odd jobs at some point in between bookings to make ends meet. Responding to the negative comments on the photo, Owens said, I was really devastated. But the period of devastation was so short. Overall, Owens seemed to handle this job-shaming gracefully. In spite of all the negative comments, he chose to remain positive.\\nThe Perils of Job-Shaming\\nSo, how should we choose to respond to job shaming? Owens had some wise words to say about the issue. He hoped that, in light of his story, people would now rethink the honor of the working person and the dignity of work. There is no job that is better than another job. It might pay better, it might have better benefits, it might look better on a resume and on paper, but actually its not better. Every job is worthwhile and valuable. Every person attempting to earn an honest living deserves a basic amount of respect. We ought to encourage everyone to be productive members of society to the best of their ability. Job-shaming discourages people from taking lower paying jobs, thereby fostering unemployment. We shouldn’t tolerate any form of job-shaming. Employment, regardless of title or pay rate, has dignity.\\nSeek Legal Assistance Today\\nNo matter how much you earn at work, the Working Solutions Law Firm, located in New York City, can assist you. Everyone deserves to have their legal rights protected in the workplace. If you have experienced unpaid overtime, discrimination, wrongful termination, or any other legal issues at work, we can advocate for you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Geoffry Owens is known for his role as Elvin Tibideaux on the Cosby show. Today, he works as a cashier at Trader Joe’s. Recently, a photo of Owens at work went viral. People mocked the former actor for taking this lower paying job. The Mail Online posted an article with the headline: &#8220;From learning lines&hellip;</p>\\n"},{"id":7724,"path":"/blog/thats-how-the-cookie-crumbles-insomnia-cookies-and-mileage-related-wage-violations","slug":"thats-how-the-cookie-crumbles-insomnia-cookies-and-mileage-related-wage-violations","modified":"2018-09-26T22:14:21","title":"That’s How the Cookie Crumbles: Insomnia Cookies and Mileage-Related Wage Violations","content":"Recently, a group of former and current employees from Insomnia Cookies filed a class and collective action lawsuit against their employer. The company is known for delivering warm cookies and catering to students, many in New York City, who often order late at night. This group of employees alleges that the company has committed widespread mileage-related wage violations. These types of violations occur when a company requires an employee to use their personal car for work and they don’t reimburse them appropriately for driving-related expenses. According to the legal complaint, Insomnia Cookies allegedly required their delivery drivers to bear the costs associated with their personal vehicles, including costs for gasoline, vehicle depreciation, insurance, maintenance, and repairs. The company allegedly paid employees a subminimum wage due to a practice of not reimbursing for these vehicle costs. Mileage-Related wage violations are becoming increasingly common as more food delivery options become available for consumers, particularly in large urban locations like New York City.\\nMore Examples of Mileage-Related Wage Violations\\nMany of the top U.S. food and beverage companies are notorious for these types of violations. For example, Starbucks recently settled a class action lawsuit that involved 30,000 employees, costing the company $3 million. Plaintiffs alleged that Starbucks did not reimburse workers for mileage expenses incurred when using their personal vehicles on the job “as a matter of company policy.” A similar lawsuit involved Pizza Hut, who settled a class action suit for $5.1 million. The plaintiffs argued that they were not reimbursed for job-related costs incurred while using their personal vehicles to make Pizza Hut Deliveries. Finally, Dominos has faced two class action suits with alleged mileage-related wage violations. Domino’s franchisees allegedly paid a flat rate reimbursement of $1 per delivery. This reimbursement took employees’ payments below the minimum wage, resulting in a violation of the Fair Labor Standards Act.\\nWhat Mileage-Related Reimbursements Are You Eligible For?\\nThese types of reimbursements vary on a state by state basis. New York State law requires reimbursement for business use of privately owned automobiles based on the standard mileage allowance established by the Internal Revenue Service (IRS). Inaccurate mileage reimbursements can cost employers hundreds of dollars per employee each month, adding up to thousands of dollars over the course of a year. When employers fall short of these mileage standards, class-action lawsuits can occur which stretch the costs of inaccurate mileage reimbursements into the millions, as seen with the lawsuits mentioned above.\\n \\nSeek a New York Wage Attorney to Combat Mileage-Related violations\\nEmployers who violate mileage-related wage laws in New York City must be held accountable. If you feel you have not been properly reimbursed for expenses related to the use of your personal vehicle at work, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Recently, a group of former and current employees from Insomnia Cookies filed a class and collective action lawsuit against their employer. The company is known for delivering warm cookies and catering to students, many in New York City, who often order late at night. This group of employees alleges that the company has committed widespread mileage-related wage violations. These types of violations occur when a&hellip;</p>\\n"},{"id":7720,"path":"/blog/is-the-maternal-wall-the-new-glass-ceiling","slug":"is-the-maternal-wall-the-new-glass-ceiling","modified":"2018-09-20T15:37:56","title":"Is the Maternal Wall the New Glass Ceiling?","content":"Many women and people of historically underrepresented groups are familiar with the glass ceiling: an invisible barrier that keeps a demographic from rising beyond a certain level in a profession. Mothers or expectant mothers face a second barrier, the maternal wall which is, unfortunately, becoming more common in the workplace. The maternal wall occurs when a woman becomes pregnant and is unfairly discriminated against at work. She may be denied a promotion, or a bonus, or her salary may lag behind her male peers. “Some women hit the maternal wall long before the glass ceiling,” said Joan C. Williams, a professor at University of California Hastings College of Law who has testified about pregnancy discrimination at regulatory hearings. “There are 20 years of lab studies that show the bias exists and that, once triggered, it’s very strong.”\\nPregnancy Discrimination in America’s Top Companies\\nEach child chops 4 percent off a woman’s hourly wages, according to a 2014 analysis by a sociologist at the University of Massachusetts, Amherst. Brave mothers are now stepping forward to disclose how the maternal wall has negatively impacted their work lives. For example, Rachel Mountis won awards for being a top salesperson at Merck when she got pregnant. She was laid off three weeks before giving birth. Stephanie Hicks, another working mother, sued the Tuscaloosa Alabama police department for pregnancy discrimination. Ms. Hicks was breastfeeding her child, and her doctor told her that her bulletproof vest was so tight that it risked causing a breast infection. Her superior’s solution was a vest so baggy that it unsafely left portions of her torso exposed. Tens of thousands of women have taken legal action alleging pregnancy discrimination at top U.S. companies including Walmart, Merck, AT&amp;T, Whole Foods, 21st Century Fox, KPMG, Novartis and the law firm Morrison &amp; Foerster. From Walmart to Wall Street, pregnant women everywhere are hitting the maternal wall at work. The financial industry in New York City is one of the worst offenders, but other industries – including retail and sales – also have a troubling history of pregnancy discrimination.\\nThe Maternal Wall and the Wage Gap\\nResearchers at the Census Bureau recently published a paper that examined the pay of spouses in the United States. Two years before couples had their first child, the men made only slightly more than the women. By the time their children turned 1, however, the size of that pay gap had doubled to more than $25,000. The researchers said that women taking maternity leave, dropping out of the workforce, or working fewer hours could contribute to that disparity, but it does not explain all of it. In 1978, Congress passed the Pregnancy Discrimination Act, which made it illegal to treat pregnant women differently from other people “similar in their ability or inability to work.” This research suggests that this issue still has not been resolved. Do you think the maternal wall is an accurate explanation for the differences in wages based on gender?\\nSeek a New York Discrimination Attorney to Combat Pregnancy Discrimination\\nThe maternal wall should never hold back a woman at work. If you feel you have been wrongly discriminated against at work during a pregnancy, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Many women and people of historically underrepresented groups are familiar with the glass ceiling: an invisible barrier that keeps a demographic from rising beyond a certain level in a profession. Mothers or expectant mothers face a second barrier, the maternal wall which is, unfortunately, becoming more common in the workplace. The maternal wall occurs when a&hellip;</p>\\n"},{"id":7712,"path":"/blog/working-en-route-should-you-be-paid-for-your-commute","slug":"working-en-route-should-you-be-paid-for-your-commute","modified":"2018-09-14T00:32:50","title":"Working En Route: Should You Be Paid for Your Commute?","content":"Increasing Wifi access has made it possible for people to work at all times, even when they are far away from the office. For example, many workers are now choosing to work during their commutes. Mobile devices allow people to receive and send work emails with ease outside of work hours. So, should work completed during a commute be considered paid working time? Recent studies and employment policies in other countries provide us with potential answers. \\nLondon Study\\nA research team at the University of West England recently studied 5,000 London commuters who traveled up to 250 miles a day for work on two busy lines. They found that more than half of participants read their work email and pored over work documents as they traveled. However, most people in the study “didn’t see it as official work time, but something to make their lives easier.” Being productive on the train makes their total workload less once they actually arrive at the office. \\nOver the years, average commute times have risen significantly. The average commute time in the U.S. is now roughly 26 minutes, according to the U.S. Census Bureau. With so many employees working during their increasingly longer commutes, we must consider whether or not this should legally be considered paid time. Also, we cannot underestimate the importance of a healthy work-life balance. Maintaining this balance not only can improve our productivity at work, but is also essential to our physical and mental health. Germany, for example, has taken steps to promote a healthy balance. In 2013, the Labor Ministry ordered its supervisors not to contact employees outside office hours. So, is working during a commute healthy for U.S. workers?\\nEffects of Paid Commute Time\\nJust because we have permanent access to our email does not mean that we should be constantly working. However, working during a commute could be positive if an employee can make his or her workload more manageable before arriving at the office. In Norway, some commuters are now able to count travel time as part of their paid working day. Although many U.S. employers would likely object to paid commute time, there is a reasonable argument for compensating employees en route to work. For example, the rationale behind Norway’s decision to pay some commuters was that although workers may not be, strictly speaking, working, they are at the disposal of their employer. From the aforementioned study in London, we now know that many commuters are, in fact, working during their journey to the office. Do you think that workers should be paid for this commute time?\\nSeek Legal Assistance Today\\nIf you are completing off-the-clock work, such as working during your commute, you may have legal claims. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced employment law legal counsel.","excerpt":"<p>Increasing Wifi access has made it possible for people to work at all times, even when they are far away from the office. For example, many workers are now choosing to work during their commutes. Mobile devices allow people to receive and send work emails with ease outside of work hours. So, should work completed&hellip;</p>\\n"},{"id":7639,"path":"/blog/food-for-thought-food-preparation-workers-frequently-have-unpaid-wage-claims-in-nyc","slug":"food-for-thought-food-preparation-workers-frequently-have-unpaid-wage-claims-in-nyc","modified":"2018-08-06T15:35:21","title":"Food For Thought: Food Preparation Workers Frequently Have Unpaid Wage Claims In NYC","content":"In New York City, an increasing number of unpaid wage lawsuits have been filed involving food preparation and delivery workers. This trend holds true for smaller restaurants and large chains alike. These workers, who are essential to the operation of a restaurant, often get skirted on overtime, tips, equipment costs, and more. Several high-profile cases demonstrate the severity and frequency of illegal violations against these workers.\\nChop’t Creative Salad Company\\nDelivery and food preparation workers across New York City recently reached an $800,000 settlement with Chop’t Creative Salad Company. Employment violations occurred in at least 9 restaurants across the city. Workers accused Chop’t of not paying them minimum wages, overtime pay, and spread of hours wages. Chop’t management had a policy and practice of disguising workers’ actual duties in payroll records by designating them as delivery workers instead of non-tipped employees. Delivery drivers were allegedly required to spend more than 20 percent of each workday performing non-tipped duties. Additionally, the delivery workers were never reimbursed for their business expenses, such as bicycles, helmets, and lights. Employers are required to reimburse such expenses associated with delivery workers, including vehicle repairs and maintenance. \\nDomino’s Pizza\\nDominos has faced several employment lawsuits across the country and right here in New York. Last year, the New York Attorney General’s Office conducted an investigation into the company’s computer payroll system. The investigation concluded that, over a two year period, 78% of Domino’s stores listed pay rates for at least some workers below the minimum wage. Furthermore, 86% of stores listed pay rates below the required overtime rate. These widespread, blatant wage violations are shocking. Following the investigation, Attorney General Schneiderman urged Domino’s to recognize its wrongdoings, saying that “at some point, a company has to take responsibility for its actions and for its workers’ well-being.” Domino’s and the Attorney General ultimately reached a $480,000 settlement.\\nCookies United\\nCookies United, a company that operates in New York, sells cookies and other baked goods. They sell a wide range of sweet treats, but they don’t appear to be as sweet to their employees. Felipe Cruz, a former food production worker, filed a complaint last December against Cookies United. Cruz accused the company of refusing to pay him overtime pay, straight wages, and spread of hours pay. Furthermore, Cruz was not paid for the two 15 minute breaks he took each day. The law says that even breaks, when they are between 5 to 20 minutes, must be paid working time. This case is still ongoing, and no settlement has been reached between the two parties yet. \\nSeek Wage Justice Today\\nRestaurant owners are legally accountable to follow all minimum wage, overtime, and spread of hours laws. You are entitled to your rightfully earned wages. If you believe you may have a legal claim to any of these often unpaid wages in New York City, the Working Solutions Law Firm can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced employment law legal counsel.","excerpt":"<p>In New York City, an increasing number of unpaid wage lawsuits have been filed involving food preparation and delivery workers. This trend holds true for smaller restaurants and large chains alike. These workers, who are essential to the operation of a restaurant, often get skirted on overtime, tips, equipment costs, and more. Several high-profile cases&hellip;</p>\\n"},{"id":7692,"path":"/blog/the-law-office-of-christopher-q-davis-files-lawsuit-against-asi-system-integration-and-technical-staffing-professionals","slug":"the-law-office-of-christopher-q-davis-files-lawsuit-against-asi-system-integration-and-technical-staffing-professionals","modified":"2018-08-03T21:03:33","title":"The Working Solutions Law Firm files lawsuit against ASI System Integration and Technical Staffing Professionals","content":"The Working Solutions Law Firm filed a collective and class action lawsuit against ASI System Integration and Technical Staffing Professionals on behalf of all Field Service Technicians in New York. The Working Solutions Law Firm filed the complaint on August 3rd in New York’s Southern District.\\nThe lawsuit alleges that ASI System Integration and Technical Staffing Professionals failed to pay overtime wages to Field Services Technicians, failed to pay them “straight-time” wages, failed to reimburse work-related expenses, and committed other employment violations.\\nFor information on the lawsuit, contact the Working Solutions Law Firm at (646) 430-7930.\\nTo review the filed complaint, click on this link: \\nOConner Complaint","excerpt":"<p>The Working Solutions Law Firm filed a collective and class action lawsuit against ASI System Integration and Technical Staffing Professionals on behalf of all Field Service Technicians in New York.  The Working Solutions Law Firm filed the complaint on August 3rd in New York’s Southern District. The lawsuit alleges that ASI System Integration and Technical&hellip;</p>\\n"},{"id":7617,"path":"/blog/serena-williams-alleges-discrimination","slug":"serena-williams-alleges-discrimination","modified":"2018-07-30T15:04:19","title":"Serena Williams Alleges Discrimination","content":"Serena Williams, once the top women’s tennis player in the world, recently alleged that the U.S. Anti-Doping Agency (USADA) has discriminated against her. It’s no secret that professional sports players are randomly drug tested to ensure that no athlete has an unfair advantage due to performance-enhancing substances. However, ever since her return to tennis following the birth of her daughter, Alexis, Serena claims that USADA testers have shown up at her house at all times of the day. Serena has said that they’ve even shown up for testing during times that she said she was unavailable. These events, coupled with her claim that she is tested far more than other tennis players, are the basis for her discrimination allegation. USADA communications director Brad Horn said that Serena’s testing has been “standard practice,” although Serena believes that she is being singled out.\\nSerena’s Reaction to Unfair Treatment\\nSerena recently sent out a number of tweets explaining the abnormal drug testing and her feelings about it. She demonstrated how often she gets tested when she said, “And just like that anti doping is here .again second time this week. proud to participate to keep the sport clean. Even if they do test me at my current ranking of 454 in the world. Two times every week.” In the face of this apparent unfair treatment, Serena remains positive. She optimistically tweeted that she is “ready to do whatever it takes to have a clean sport so bring it on. I’m excited.” Serena has previously stated that she does not have a problem with drug testing if all players are tested equally. The fact that she openly talks about how much she gets tested provides more proof that she is not doping. Someone who actually was taking illegal substances would not likely draw attention to themselves regarding drug testing.\\nPossible Legal Claims\\nSerena has not said whether or not she wishes to take legal action against this discrimination. In order for her to prove discrimination in court, she and her lawyers would have to show that she was treated unfairly as a member of a protected class. For example, one reason she may be tested more often is that she is much more muscular than other female tennis players. Testers may have speculated that her higher muscle mass could be due to illegal substances. While body type is not a protected class, race is a protected class. Untrue and exaggerated stereotypes about increased muscle mass and athletic advantages among African Americans have existed throughout history. Serena may have a discrimination claim in court if she is being tested more often because of these stereotypes. Additionally, her gender is a protected class. Our culture normalizes men having more muscle mass. However, drug testers may be wrongly distrustful of women with higher muscle mass. Unfair treatment at work based on race or gender is illegal. Why do you think that Serena would get tested more often than other players?\\nSeek a New York Attorney to Combat Discrimination\\nNo one should receive unfair treatment at work due to factors like race, national origin, gender, disability, age, or sexual orientation. If you feel you have been wrongly discriminated against within the workplace, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Serena Williams, once the top women’s tennis player in the world, recently alleged that the U.S. Anti-Doping Agency (USADA) has discriminated against her. It’s no secret that professional sports players are randomly drug tested to ensure that no athlete has an unfair advantage due to performance-enhancing substances. However, ever since her return to tennis following&hellip;</p>\\n"},{"id":7625,"path":"/blog/how-to-request-a-reasonable-accommodation-for-a-disability-or-illness","slug":"how-to-request-a-reasonable-accommodation-for-a-disability-or-illness","modified":"2018-07-27T18:22:49","title":"How To Request A Reasonable Accommodation for a Disability or Illness","content":"Check out our infographic below to learn how you can request a reasonable accommodation in the workplace for a disability or illness:","excerpt":"<p>Check out our infographic below to learn how you can request a reasonable accommodation in the workplace for a disability or illness:</p>\\n"},{"id":7613,"path":"/blog/working-mothers-how-do-they-do-it","slug":"working-mothers-how-do-they-do-it","modified":"2018-07-26T15:29:48","title":"Working Mothers: How do they do it?","content":"It is no secret that motherhood is a lot of work. Most mothers today also pursue equally demanding professional careers. Recently in the media, several working mothers have shared their experiences balancing professional and family life. Considering the impressive stories of these women can help us all to appreciate working mothers and discover how they manage their responsibilities. \\nSerena Williams\\nSerena Williams made a controversial decision to compete in the 2017 Australian Open while pregnant. Just days before the tennis tournament, Serena found out that she was 8 weeks pregnant. Having won the Australian Open for the prior 6 years, she had a tough decision to make regarding whether or not to compete. Ultimately, she not only competed in the tournament, but also won it for the seventh year in a row. She never let her pregnancy hold her back from pursuing her professional goals. Serena’s story demonstrates how resilient pregnant mothers can be and that mothers can still achieve the very best in their professional field. \\nSusan Wojcicki\\nYou might recognize Susan Wojcicki as the CEO of Youtube. However, you might not know that she is also the mother of 5 children. Susan has publicly emphasized the importance of fitting in family time around her busy work schedule. In an interview with TIME, she said “I like to be home for dinner with my kids, so I am ruthless about blocking my time.” Additionally, she has revealed that, while in her leadership position at Youtube, she has delegated responsibilities when necessary. Delegating at work and making family time a consistent part of her schedule allows Susan to efficiently balance her professional and family responsibilities. \\nVictoria Beckham\\nFirst known around the world as a member of the Spice Girls, Victoria Beckham has also pursued a career in fashion design, creating her own label. Due to her successful fashion label, she recently accepted an OBE, Officer of the Most Excellent Order of the British Empire, from the Queen of England. In addition to these professional accomplishments, she is also the mother of 4 children. In British Vogue, Victoria wrote a letter to her 18 year old self that discussed her experience as a working mother. She said, “Is it possible to have it all? To be a successful working mother? You will hear this question asked by many women as you grow older. What you will realize is that by working hard, yet always putting family first, it will be possible to achieve that balance. Nothing will be perfect, but it is only now that I have learnt to appreciate all I have and all I have been blessed with. I am happy.” Successful working mothers like Victoria constantly strive to balance children and a career, and they realize that it’s okay if that balance isn’t always perfect.\\nCan you have it all?\\nThese inspirational stories from working mothers show how mothers can achieve professional success. Unfortunately, employers sometimes unfairly discriminate against mothers. Yet, New York State has outlawed pregnancy discrimination. Additionally, New York City laws prohibit caregiver discrimination. If you are a working mother who has been unfairly treated in the workplace, contact the Working Solutions Law Firm to receive a free case evaluation.","excerpt":"<p>It is no secret that motherhood is a lot of work. Most mothers today also pursue equally demanding professional careers. Recently in the media, several working mothers have shared their experiences balancing professional and family life. Considering the impressive stories of these women can help us all to appreciate working mothers and discover how they&hellip;</p>\\n"},{"id":7589,"path":"/blog/women-in-the-workplace-unequal-pay-and-pregnancy-discrimination","slug":"women-in-the-workplace-unequal-pay-and-pregnancy-discrimination","modified":"2018-07-17T15:12:07","title":"Women in the Workplace: Unequal Pay and Pregnancy Discrimination","content":"Unequal pay and pregnancy discrimination are two of the most challenging gender-based obstacles that women face in the workplace. We often hear that parenthood (in this case, motherhood) is one of the most difficult and rewarding jobs that exists. With the increase of full-time working parents in the workforce, parents must balance the demanding vocation of motherhood while also maintaining an equally demanding professional career. Balancing work and family life is even more difficult when a woman faces pregnancy discrimination or unequal pay at work. Furthermore, women without children may still be unlawfully paid less than their male colleagues on the basis of their sex. Legislators here in New York and around the country are working to achieve equal pay and end pregnancy discrimination by passing new legislation aiming at addressing these forms of gender\\ndiscrimination.\\nThe Wage Gap within the Boston Symphony Orchestra\\nThe new Massachusetts Equal Pay Act went into effect on July 1st, 2018. Massachusetts already has laws that address gender pay discrimination, including some that were passed as early as 1945. However, certain forms of gender discrimination, including gender-based unequal pay, stubbornly persist without much change. Following the implementation of this new law, the principal flutist of the Boston Symphony Orchestra, Elizabeth Rowe, filed a lawsuit against her employer. Rowe asserts that she has a higher salary than any other female musician in the orchestra. However, she claims that she makes a substantially lesser salary than the male colleague in the closest position to her. She is asking for over $200,000 from the orchestra. \\nHow the Law Protects Pregnant Women in New York State\\nNew York is one of 23 states in which the law requires employers to accommodate pregnant workers. For example, if a pregnant woman can no longer perform certain physical job requirements that she previously could perform before pregnancy, her employer must allow her reasonable accommodations. Governor Cuomo has taken recent action to further protect working mothers. Last month, he directed the New York Division of Human Rights to investigate allegations of pregnancy discrimination at Walmart, Merck, Novartis, and Glencore. For example, a pregnant worker at Walmart, Otisha Woolbright, allegedly asked to stop lifting heavy items for health-related reasons. Employers denied her request, and she continued to lift heavy objects until she got hurt. In addition to this state investigation, the New York Division of Human Rights plans to run ads on New York City subways to raise awareness about pregnancy discrimination. Unfortunately, the federal law on pregnancy discrimination is still quite vague, stating that employers must treat pregnant women the same way they do other people who are “similar in their ability or inability to work.” State legislators in New York are trying to make up for that vagueness with more specific sex discrimination laws. \\nSeek a New York Discrimination Attorney to Combat Sex Discrimination\\nPregnancy or gender should never hold back a woman at work. If you feel you have been wrongly discriminated against in either of these aspects, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Unequal pay and pregnancy discrimination are two of the most challenging gender-based obstacles that women face in the workplace. We often hear that parenthood (in this case, motherhood) is one of the most difficult and rewarding jobs that exists. With the increase of full-time working parents in the workforce, parents must balance the demanding vocation of&hellip;</p>\\n"},{"id":7227,"path":"/blog/a-growing-issue-age-discrimination-in-new-york","slug":"a-growing-issue-age-discrimination-in-new-york","modified":"2018-07-12T21:26:44","title":"A Growing Issue: Age Discrimination in New York","content":"Recently, the highest federal appeals court in New York reviewed the age discrimination claim of a human resources worker of the Archdiocese of New York. The worker, Michael Franchino, who was 67 years old at the time of his firing, previously claimed at the trial level that he was a victim of age discrimination in the human resources department of the Archdiocese of New York after he endured years of age-related jokes made by his peers while management stood idly by and allowed the discrimination to continue. Franchino also made the claim that his firing was motivated by his race and gender. The appeals court revived Franchino’s age discrimination claims after they were dismissed by the trial court, stating that an inference of discrimination and bias could be found as a result of the age-related jokes made by peers, and that the inference was sufficient to survive dismissal.\\nThe evidence of discrimination used by Franchino and his attorneys came in the form of age-related teasing and stereotypes, and many cases of age discrimination are similar in this respect. However, many other cases of age discrimination are far more subtle, and involve the promotion of a younger, less-qualified candidate over an older one. It is important to keep an eye out for the signs of age discrimination, especially when age discrimination is on the rise.\\nTrouble in Silicon Valley\\nTech companies in Silicon Valley are facing an increase in age discrimination claims, due to what USA Today calls a “confluence of factors,” as greater numbers of age-protected workers are losing their jobs. These factors include an aging workforce, the rise of mergers that force companies to cut down their payroll, and a rapidly advancing skillset needed to compete in the tech industry.\\nYet even when considering these hurdles, hiring younger people to fill the positions once occupied by veteran employees goes beyond the Silicon Valley goal of “celebrating youth” and often drifts into outright discriminatory hiring practices. As a result, companies such as Facebook, Intel, and Apple have all been sued for age discrimination by terminated employees in recent months.\\nAge Discrimination is Hard to Spot\\nHad the court not revisited his claim, Michael Franchino would be just another aged member of the workforce who had been let go without so much as a sufficient explanation or justification. Fortunately, Mr. Franchino and his lawyers knew how to spot the signs of age discrimination, but this is not always easy. Age discrimination, more than other forms of discrimination, received great attention in the 1980s and 1990s when companies around the globe downsized older workers in large numbers. As such, companies have experience not only in creating the circumstances that give rise to age discrimination, but in hiding it.\\nThe case of Michael Franchino is symptomatic of a growing issue in New York and around the United States that age discrimination claims are often not discovered or, if discovered, are often dismissed before trial, depriving the plaintiff of their day in court.\\nHow to Ask for Help\\nCases of age discrimination too often strip people of their livelihoods and make people feel like an item rather than a person. The Working Solutions Law Firm is here to help humanize your situation by making a careful and skilled evaluation to all of your age discrimination concerns. The first step is to ask an attorney knowledgeable in this area of the law to assist you in evaluating your claims. Lawyers often provide this service for free, as does our firm, for the sake of educating the public and determining which clients the firm should retain. Contact a lawyer to discuss, and our law firm is one of many happy to assist. Call us today for a consultation at (646) 430-7930.","excerpt":"<p>Recently, the highest federal appeals court in New York reviewed the age discrimination claim of a human resources worker of the Archdiocese of New York. The worker, Michael Franchino, who was 67 years old at the time of his firing, previously claimed at the trial level that he was a victim of age discrimination in&hellip;</p>\\n"},{"id":7575,"path":"/blog/overtime-wages-in-new-york-citys-restaurant-industry","slug":"overtime-wages-in-new-york-citys-restaurant-industry","modified":"2018-07-10T15:12:36","title":"Overtime Wages in New York City’s Restaurant Industry","content":"New York City employees in the restaurant industry, including servers, chefs, sous chefs, bartenders, dishwashers, and others, have increasingly been wrongfully denied their overtime wages. According to the Fair Labor Standards Act (FLSA), overtime pay must be paid at a rate of at least one and one-half times the employees regular rate of pay for each hour worked in excess of 40 hours per week.” When determining the regular rate for a tipped employee, such as a server, all components of the employee’s wages must be considered, including any tip credit. Many restaurant owners illegally avoid paying both tipped and non-tipped employees their rightful overtime wages.\\nRecent Cases of Overtime Wage Abuse in the Restaurant Industry in New York City\\nOvertime wage abuses happen frequently in popular New York City restaurants that you have probably enjoyed frequenting. Just last year, an assistant manager at an IHOP restaurant on Staten Island won $40,000 in a settlement for unpaid overtime wages. IHOP wrongly classified her assistant manager position as exempt from overtime pay benefits. However, assistant managers are not always exempt from the overtime wage provisions in the FLSA and New York Labor Laws.\\nA Subway located at Times Square in New York City reached a similar $42,500 settlement last year when a sandwich preparer alleged that he did not receive overtime pay. He claimed to have worked up to 60 hours a week making sandwiches and preparing toppings. Yet, he never received any overtime pay. Subway has faced many similar lawsuits in the past. Most notably, Subway violated wage payment laws more than any other fast food restaurant in 2014.\\nFinally, at L &amp; B Spumoni Gardens, a pizzeria located in Brooklyn in New York City, a former cook filed a federal lawsuit last March. While working there for thirteen years, the former cook alleged that the owners often skirted employees of mandatory overtime pay. Despite working up to 75 hour work weeks, the cook claims that he always received the same hourly pay rate. The complaint filed in Brooklyn’s federal court revealed that there are 16 similarly situated employees at the pizzeria.\\nHow Do Restaurants Violate Overtime Wage Laws?\\nRestaurant owners may knowingly or unknowingly violate these laws in a variety of ways. For example, owners may misclassify certain workers as “management.”. Salaried workers in managerial positions are sometimes exempt from overtime. However, if someone with a managerial title has similar job duties to other employees who do receive overtime pay, such as cleaning or serving food, then he or she also has a legal right to overtime wages. Sous chefs, assistants managers and hosts/hostesses in New York City are often misclassified as exempt orovertime ineligible when, in fact, they are nonexempt and eligible for overtime pay. \\nAdditionally, tipped employees are often illegally denied overtime pay. According to the FLSA, tipped employees must be paid at least $2.13 per hour from the employer. The rest of the hourly pay may come from the tips the employee earns. However, if tips do not equal the federal minimum wage, or $7.25 per hour, the employer must compensate for the remaining amount. This compensation for any remaining amount includes the time and a half hourly rate for any overtime hours.\\nEarn Back your Rightful Overtime Wages in New York City\\nRestaurant owners may be in violation of overtime wage laws either with malicious intent or simply ignorance on current labor laws. Regardless, employers are legally accountable to follow all FLSA laws. If you believe you may have a legal claim to unpaid overtime wages in New York City, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>New York City employees in the restaurant industry, including servers, chefs, sous chefs, bartenders, dishwashers, and others, have increasingly been wrongfully denied their overtime wages. According to the Fair Labor Standards Act (FLSA), overtime pay &#8220;must be paid at a rate of at least one and one-half times the employee&#8217;s regular rate of pay for&hellip;</p>\\n"},{"id":7563,"path":"/blog/gender-discrimination-in-the-workplace-international-concerns-and-solutions","slug":"gender-discrimination-in-the-workplace-international-concerns-and-solutions","modified":"2018-07-06T18:13:45","title":"Gender Discrimination in the Workplace: International Concerns and Solutions","content":"Increasingly, people around the world are rising to the task of finding solutions for the problem of gender discrimination and unequal pay in the workplace. According to the U.S. Equal Employment Opportunity Commission, sex discrimination involves treating an employee or job applicant unfavorably because of that person’s sex. Anti-discrimination laws in New York State, New York City, and across the globe protect people from sex discrimination regarding all aspects of employment, such as hiring, firing, pay, promotions, layoffs, benefits, and more. Many foreign countries have taken action against gender discrimination in the workplace. \\nIceland’s Pursuit of Gender Pay Equality\\nLast January, a new law in Iceland went into effect that made it illegal to pay women less than men. This is the most aggressive stance a country has taken in the fight against unequal pay. For decades, Iceland already has had a law that forbids gender discrimination at work. However, despite this law, women still earn less than men, overall. This gap is likely due to a variety of factors, including child care responsibilities typically held by women, maternity leave, salary negotiation ability, promotion rates, and differences in what jobs/industries women tend to gravitate towards. Lawmakers passed this new law in hopes to erase the wage gap completely. The law requires that employers with more than 25 people to now obtain a government anti-discrimination certificate. This certificate ensures that the employer has pay equality, regardless of any of the possible factors mentioned above. \\nCanada’s Quest for Gender Equality at the G7 Summit\\nBefore the G7 summit last month in Quebec, Prime Minister Justin Trudeau said that gender equality would be a top priority. While the Canadian government has pursued gender equality domestically, such as with the recent passage of the Gender Equality Week Act, the G7 summit provided them the opportunity to tackle the issue globally. During the G7 summit, the Gender Equality Advisory Council, made up of business and social leaders, made certain global recommendations. They encouraged all nations to take certain steps in the pursuit of gender equality in the workplace. These steps included pay equity and mandates to require women to be on corporate boards. \\nGender Discrimination Closer to Home\\nAs leaders work to end gender discrimination around the world, the same movement continues here in New York and across the United States. The passage of the Civil Rights Act of 1964 outlawed workplace gender discrimination in the United States. However, many people feel that gender equality has not yet been achieved here. For example, as reported by the New York Times, pregnant women are more likely to be passed over for promotions and raises than men. Additionally, pregnant women in physically demanding jobs were more likely to lose their jobs than men. Job loss usually occurred when they could no longer physically handle their job requirements during pregnancy. This, of course, is only a temporary limitation on their ability to do their job, and the law, under most circumstances, requires an employer to accommodate the pregnant employee. The number of pregnancy discrimination claims filed annually has been steadily increasing and is now reaching an all-time high. \\nFight Against Gender Discrimination with the help of a New York Discrimination Attorney\\nNo one should be held back at work because of gender, including pregnancy. If you feel you have been wrongly discriminated against because of your gender in New York City, the Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>Increasingly, people around the world are rising to the task of finding solutions for the problem of gender discrimination and unequal pay in the workplace. According to the U.S. Equal Employment Opportunity Commission, sex discrimination involves treating an employee or job applicant unfavorably because of that person’s sex.  Anti-discrimination laws in New York State, New&hellip;</p>\\n"},{"id":7550,"path":"/blog/know-your-rights-in-the-me-too-era","slug":"know-your-rights-in-the-me-too-era","modified":"2018-07-03T15:45:50","title":"Know Your Rights in the Me Too Era","content":"The Me Too movement has raised important issues regarding the severity and prevalence of sexual harassment in the workplace. As women have shared their Me Too stories, they have sparked legislative action, such as the New York City Council’s passage of the Stop Sexual Harassment NYC Act last April. This act expands the obligations of employers to prevent sexual harassment from happening in the workplace. Regarding this new legislation, employers and employees ought to know their obligations and rights when dealing with this serious issue.\\nHigh-Profile Me Too Cases\\nFollowing the Me Too movement, there have recently been several high-profile sexual misconduct cases. For example, a former top-level gymnast, Marcia Frederick, filed a class-action lawsuit last month against the U.S. Olympic Committee and USA Gymnastics. She accuses the organizations of not reporting all known sexual abuse to law enforcement. This lawsuit follows the high profile case against Dr. Larry Nassar, a former physician of USA Gymnastics who was convicted of sexually abusing team members. After over 150 women testified against him, he received a maximum sentence of 275 years in prison. Effective legal action can ensure that sexual harassers or abusers like him are never able to harm people in this way again.\\nStay Informed on Sexual Misconduct Laws\\nResponding to the Me Too campaign, the New York City Council has taken steps to fight against workplace sexual misconduct. The Stop Sexual Harassment NYC Act will implement important changes that employers and employees ought to be aware of. For example, claims of gender-based harassment can now come from all employees, regardless of the size of the employer. Starting in July, City Contractors must report their policies for preventing and addressing sexual harassment. Furthermore, employers must start displaying an anti-sexual harassment rights and responsibilities poster starting in September. Finally, as of April 2019, all employers with 15 or more employees must conduct anti-sexual harassment training for all employees. Employers who fail to make these updates will be in violation of the law. \\nThe U.S. Equal Opportunity Employment Commission (EEOC) defines workplace sexual harassment as “unwelcome sexual advances or conduct of a sexual nature which unreasonably interferes with the performance of a persons job or creates an intimidating, hostile, or offensive work environment.” The two illegal types of sexual harassment are quid pro quo and a hostile work environment. A quid pro quo form of harassment occurs when someone in authority requires that subordinates tolerate sexual harassment in order to keep their jobs or employment benefits.\\nSeek Legal Assistance For New York Sexual Harassment from a New York Sexual Harassment Attorney\\nSexual harassment and abuse in the workplace cause serious harm to both women and men. In fact, a recent survey from the John Hopkins School of Public Health found that 81% of women and 43% of men have experienced sexual harassment at some point in their lifetime. These numbers are remarkably high. Victims in New York can pursue legal action to take control of these difficult situations. If you need assistance navigating your rights in New York City as a result of a Me Too situation, the Working Solutions Law Firm can assist you with information on your legal rights in New York State and New York City. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>The &#8220;Me Too&#8221; movement has raised important issues regarding the severity and prevalence of sexual harassment in the workplace. As women have shared their &#8220;Me Too&#8221; stories, they have sparked legislative action, such as the New York City Council’s passage of the Stop Sexual Harassment NYC Act last April. This act expands the obligations of&hellip;</p>\\n"},{"id":7516,"path":"/blog/logistics-workers-and-unfair-overtime-pay","slug":"logistics-workers-and-unfair-overtime-pay","modified":"2018-06-29T16:57:57","title":"Logistics Workers and Unfair Overtime Pay","content":"As more and more people order items online, the field of logistics constantly grows. Logistics workers include delivery drivers, assemblers, couriers, dock workers, and more. Any item that you’ve shipped to your home or business has likely arrived with the help of several different logistics workers. Currently, there is an unfortunate trend in the legal field among logistics employers and companies who hire logistics contractors. Several of these employers and companies currently pay their workers unfair overtime wages, violating of both state and federal laws. According to the Fair Labor Standards Act (FLSA), overtime work is typically considered to be any working hours completed in addition to the 40 hours in a standard work week. For any overtime hours, employers must pay their workers 1.5x their usual hourly pay rates. \\nRecent Legal Cases involving Logistics Workers and Unfair Overtime Pay\\nFor example, just this month a group of PepsiCo truck drivers in California proposed a $5 million settlement. These truck drivers claim that the beverege company failed to provide fair overtime pay, allow meal and rest breaks, and reimburse business expenses. This proposed settlement would grant $1,988 to each of the approximately 1,800 truck drivers who allege that the company was in violation of labor laws.\\nInstacart, a company that operates right here in New York City, reached a similar $4.6 million settlement this month. Instacart workers, who customers dispatch through a cell phone app, shop for clients at various stores, including Whole Foods, Costco, and CVS. Then, they deliver people’s groceries to their homes. Workers across multiple states claimed that Instacart misclassified around 31,000 delivery workers as independent contractors instead of employees. As independent contractors, workers do not have to receive overtime pay according to the FLSA. In this instance, Instacart should have treated its delivery workers as employees. Accordingly, delivery workers ought to have been receiving the appropriate overtime benefits. \\nFinally, even Amazon, one of the country’s largest logistics contractors, may have failed to grant its employees their rightful overtime pay. Employees filed a nationwide collective action lawsuit against the logistics giant this month in Florida. Both Amazon and the companies through which it hires logistics contractors allegedly violated the FLSA because of a flat-rate payment for loading delivery vans and a “day rate” payment for delivering packages. Employees claim that both of these rates remained the same regardless of how many hours they worked. Amazon and its logistics contractor partners share the legal responsibility to ensure that labor laws are followed. Therefore, both employers will face the legal consequences for skimping workers on their overtime wages if these allegations are true.\\nHow to Take Action Against Unfair Overtime Pay\\nAlthough the FLSA turned 80 years old this month, many logistics employers are still in clear violation of overtime pay laws. If you need assistance navigating your rights granted by these laws or suspect that your employer is burdening you with unfair overtime pay, the Working Solutions Law Firm can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.","excerpt":"<p>As more and more people order items online, the field of logistics constantly grows. Logistics workers include delivery drivers, assemblers, couriers, dock workers, and more. Any item that you’ve shipped to your home or business has likely arrived with the help of several different logistics workers. Currently, there is an unfortunate trend in the legal&hellip;</p>\\n"},{"id":7441,"path":"/blog/overtime-lawsuit-filed-against-allied-universal-by-law-office-of-christopher-q-davis","slug":"overtime-lawsuit-filed-against-allied-universal-by-law-office-of-christopher-q-davis","modified":"2018-03-19T03:47:43","title":"Overtime Lawsuit Filed Against Allied Universal by Working Solutions Law Firm","content":"The Working Solutions Law Firm filed an overtime lawsuit against Allied Universal on behalf of all hourly Airport Security Agents, Lead Airport Security Agents, Operations Assistants, and Supervisors at John F. Kennedy International Airport (“JFK”). The lawsuit was originally filed in October 2017, and is now proceeding to discovery following an Initial Conference in the Eastern District of New York.\\nThe lawsuit alleges that Allied Universal forced Security Agents, Operations Assistants and Supervisors to work “off-the-clock” before their scheduled shifts, during meal breaks, following the completion of their scheduled hours and while traveling between posts on JFK property, among other allegations.\\nFor information on the lawsuit, contact the Working Solutions Law Firm at (646) 430-7930.\\nTo review the filed complaint, click on this link:\\n**Complaint  FINAL 3 10.18.17-signed","excerpt":"<p>The Working Solutions Law Firm filed an overtime lawsuit against Allied Universal on behalf of all hourly Airport Security Agents, Lead Airport Security Agents, Operations Assistants, and Supervisors at John F. Kennedy International Airport (“JFK”).  The lawsuit was originally filed in October 2017, and is now proceeding to discovery following an Initial Conference in the&hellip;</p>\\n"},{"id":7394,"path":"/blog/new-rights-independent-contractors-new-york","slug":"new-rights-independent-contractors-new-york","modified":"2018-01-17T10:00:14","title":"New Rights for Independent Contractors in New York","content":"If you are an independent contractor in New York, life just became easier for you. New local and state laws extended rights to independent contractors that were once limited to employees. You will enjoy better legal standings if you face harassment, discrimination or nonpayment for your work.\\nThis is welcome news if you enjoy working as a freelancer but never appreciated the limits on enforcing your rights. Here are summaries of these new laws and how they will help you.\\nFreelance Isn’t Free Act\\nLocal Law 140, also known as the Freelance Isn’t Free Act, became effective May 15, 2017. Approved unanimously by city council, it grants freelancers the right to a written contract and to collect double damages and attorney fees in lawsuits to collect fees. In some cases, freelancers may even be entitled to treble damages. Parties who hire freelancers cannot retaliate against those who exercise their rights under the act.\\nIf the value of a freelancer’s service is more than $800, a written contract is required. It must contain the names and addresses of both parties, a list of services, the rate and method of compensation, and payment terms. Once the contract is executed and the freelancer starts work, the hiring party cannot make timely payment contingent on the freelancer lowering their prices. This practice can result in treble damages against a hiring party.\\nPayment is required either on or before the date due stipulated in the contract or if it does not indicate a date, no later than 30 days after completion of services. If a hiring party fails in these duties, the freelancer can enforce their rights through a lawsuit where they can receive damages and attorney fees.\\nThe broad anti-retaliation provisions include discrimination and blacklisting a freelancer in their chosen industry. If this occurs, freelancers may file an administrative complaint with the New York City Office of Labor Standards, which can result in penalties against the hiring party and more damages awarded to the freelancer.\\nSalary History Ban\\nEffective October 31, 2017, employers are no longer allowed to inquire about salary and benefit history. They also cannot ask current or former employers about this history or search public records to find the information. Even if this history is accidentally discovered in a review of employee information, the employer cannot rely on it when determining current salary or benefits.\\nA fact sheet clarified that independent contractors who do not hire their own employees enjoy these protections. Even in these cases, employers are limited to inquiries about job history and performance but cannot inquire about fees. Failure to follow these requirements results in damages, fines, and even mandated training.\\nIn the current gig economy where freelancing continues to grow, these remedies are welcome. Before, freelancers had few resources for collecting past-due payments or responding to abusive practices. New York City offers new empowerment for this group of workers that often face hardship due to lacking the same protection as employees.\\nIf you need assistance navigating your rights granted by these laws, the Working Solutions Law Firm offers the dedication and knowledge needed to make your freelancing life easier. Contact us today at (646) 430-7930 to schedule a free case evaluation if you face past-due payments, discrimination or other illegal treatment by a hiring party.","excerpt":"<p>If you are an independent contractor in New York, life just became easier for you. New local and state laws extended rights to independent contractors that were once limited to employees. You will enjoy better legal standings if you face harassment, discrimination or nonpayment for your work. This is welcome news if you enjoy working&hellip;</p>\\n"},{"id":7391,"path":"/blog/ordeals-underpaid-customer-service-employees","slug":"ordeals-underpaid-customer-service-employees","modified":"2018-01-10T10:00:37","title":"The Ordeals of Underpaid Customer Service Employees","content":"Customer service is an often-thankless occupation and to make matters worse, it is an underpaid one too. While those who answer customer questions, solve technical issues, and monitor complaints are essential to business, but the denial of overtime pay and other wage violations are too common among this group.\\nFortunately, class certification and settlements arise from New York Labor Law and Fair Labor Standards Act claims. This allows workers options and the ability to enforce the fair payment of their wages. Here are the cases influencing that trend and how they can help you if you face similar challenges.\\nThe Problem\\nCompanies take advantage of workers by limiting the type of work that is recorded on the clock. Wages do not accrue until workers finish booting up their computers and log into the system. This takes up enough time that overtime claims are successfully addressed.\\nOther unpaid tasks include clerical work and making notes on telephone calls. The result is customer service workers accruing over 40 hours a week with the benefit of overtime. These claims are also frequently successful.\\nThree major cases show the common occurrence of these poor wage practices:\\n\\nSprint Nextel Corp. Workers in the opening shifts were required to boot up computers and get systems running. Time spent during these activities were unpaid, so a California federal court certified a class action. Sprint settled these claims.\\nAPAC. Practices at this customer service firm encouraged employees to perform clerical tasks off-the-clock. Only time spent on telephone calls was paid. Like the Sprint case, APAC settled these claims before the matter went to court.\\nBloomberg. This is the most recent wage claim class action suit filed by underpaid customer service employees. Certified by a New York Federal Judge this September, employees were classified as exempt and denied overtime. The case is still in process.\\n\\nWage issues with call centers and customer service are so common, the Department of Labor issued a fact sheet regarding the treatment of these workers. Since exemptions to overtime pay rarely apply in these cases, it is likely that if you find yourself in this situation with call center work, your employer owes you overtime pay too.\\nEnding the Underpayment Cycle\\nThere are two possible exemptions to overtime pay when it comes to call centers and customer service. One is the administrative exemption. That relates to office or non-manual work that directly affects business operations. Accounting, human resources, advertising, and quality control can fall under this exemption.\\nIt is often difficult to make this exemption work since customer service workers rarely have the professional discretion assigned to most administrative employees. That often leads to employers claiming customer service employees are commissioned and fall under that exemption. However, for that to work, an employee’s salary must be at least half commissions and the regular rate of pay exceeds one and half times the amount of the minimum wage.\\nFew call center and customer service employees fall under these exemptions. Chances are, if you are not receiving overtime pay or must complete several tasks before you are allowed to clock in, your employer is violating labor laws.\\nKnow for certain if you are receiving proper wages. Contact the Working Solutions Law Firm and receive a free case evaluation by calling (646) 430-7930.","excerpt":"<p>Customer service is an often-thankless occupation and to make matters worse, it is an underpaid one too. While those who answer customer questions, solve technical issues, and monitor complaints are essential to business, but the denial of overtime pay and other wage violations are too common among this group. Fortunately, class certification and settlements arise&hellip;</p>\\n"},{"id":7388,"path":"/blog/facing-pregnancy-discrimination-new-york","slug":"facing-pregnancy-discrimination-new-york","modified":"2018-01-03T10:00:47","title":"Facing Pregnancy Discrimination in New York","content":"Despite the fact there are federal and state laws preventing discrimination based on pregnancy, these incidents remain too common. Women may face resistance when they request maternity leave and return to work only to face retaliation with demotion, pay reduction or termination.\\nThese instances of gender discrimination are actionable and it may be possible to receive compensation if this happens to you. Here are the laws preventing pregnancy discrimination and what to do if you face this ordeal.\\nPregnancy Discrimination\\nThe Pregnancy Discrimination Act amended the Civil Rights Act to make discrimination based on pregnancy a form of gender discrimination. Employers cannot deny jobs or promotions to women who are pregnant and a request for pregnancy leave under the Family Medical Leave Act cannot be treated differently than any other leave request.\\nIf a workplace denies maternity leave, the employee may have an FMLA claim as well as a claim under the Pregnancy Discrimination and Civil Rights Act. There are also further protections offered by local laws in New York City.\\nPregnancy discrimination has been illegal in New York City since 2014 and employers are required to provide reasonable accommodations to pregnant workers. However, there was a trend where workers were not allowed even the most minor changes like work schedule adjustments or bathroom breaks. Women also reported being denied promotions and placed in conditions that could jeopardize their health. The New York City Commission on Human Rights noticed so many violations that it published guidance on pregnancy protection laws in May 2016.\\nRetaliation Claims\\nAnother form of discrimination involves retaliation for taking leave and needing accommodations after a return. As well as time to care for new children, accommodations also include helping women manage lactation. Hicks v. Tuscaloosa provides an example of retaliation when an employee required improved accommodation.\\nStephanie Hicks was a police officer with the city of Tuscaloosa, Alabama. When she discovered she was pregnant, her supervisor first insisted she was only allowed six weeks of leave instead of the 12 weeks authorized by the FMLA. Hicks took her full 12 weeks of allowed leave and that was when problems started.\\nFirst, she was demoted from her position in narcotics and placed on patrol. When the ballistic vest she needed to wear left her vulnerable to breast infections, she was told to either wear a larger but inadequate vest or no vest at all. While she was granted lactation breaks, the vest situation made them nearly impossible.\\nAfter her demotion, her department made conditions so bad that she resigned. The court considered this a reasonable course of action considering the circumstances and upheld a jury verdict in her favor.\\nThese claims can be successful when you hire experienced legal counsel. The Working Solutions Law Firm offers the skill and dedication you require for a pregnancy discrimination claim. Contact us today to schedule a free case evaluation at (646) 430-7930.","excerpt":"<p>Despite the fact there are federal and state laws preventing discrimination based on pregnancy, these incidents remain too common. Women may face resistance when they request maternity leave and return to work only to face retaliation with demotion, pay reduction or termination. These instances of gender discrimination are actionable and it may be possible to&hellip;</p>\\n"},{"id":7385,"path":"/blog/can-fired-new-york-cancer","slug":"can-fired-new-york-cancer","modified":"2017-12-27T10:00:22","title":"Can You Be Fired in New York For Having Cancer?","content":"When you face a cancer diagnosis, you already fear for your life. If your job is also at stake, that only adds to the stress, especially if you rely on health insurance provided by your employer.\\nIf your employer has more than 15 employees, they must accommodate you as you go through cancer diagnosis and treatment. Failure to follow through may be a violation of the act and entitle you to damages. Here is how the Americans with Disabilities Act (ADA) applies to cancer and what to do if your employer terminates you after a cancer diagnosis.\\nAmericans with Disabilities Act\\nThe ADA assures equal opportunities for people with disabilities. Private employers, state and local agencies, employment agencies, labor organizations, and labor management committees may not discriminate people in employment, accommodations or services based on real or perceived disability.\\nCancer includes long-term effects that limit major life activities. You may be unable to care for yourself, walk long distances or concentrate due to treatment. Surgeries, chemotherapy, and medications can cause major side effects that make work and leisure difficult.\\nWhile the original provisions of the ADA could extend to cancer, the 2008 amendments create a stronger case. The amendments extended the definition of disability to include immune system functions, cell growth, and brain and nervous system symptoms. It became easier for people with cancer to meet the definition of disability after these amendments passed.\\nYour employer must have 15 or more employees for you to enjoy relief under the ADA. If this is the case, then it must be determined if you can perform the essential functions of your position with reasonable accommodations. That can include time off for treatment or recovery from it.\\nNeed an Attorney?\\nThe U.S. Equal Employment Opportunity Commission (EEOC) recognizes that failing to accommodate cancer sufferers is a violation of the ADA. In September 2007, it filed a lawsuit against Wynn Las Vegas for discrimination against a former worker.\\nIn EEOC v. Wynn Las Vegas, LLC, the EEOC alleges that employee Dawn Madisso was terminated after requesting leave for cancer surgery. She underwent treatment for ovarian cancer from 2008 to 2011 and in 2013, her symptoms returned. In her leave request, she indicated that she needed six to eight weeks of recovery time. When her employer denied that request and terminated her, the EEOC considered that a violation of the ADA.\\nThese can be tricky cases. There is the matter of showing you meet the definition of disability in the ADA. Then, you must be able to show you can perform work functions if your employer accommodates you. However, your employer can claim that your performance was inadequate before your cancer diagnosis or that it cannot accommodate you without significant expense. These claims must be addressed by an experienced employment law attorney.\\nThe Working Solutions Law Firm serves New York in the area of employment law and represents cancer patients who have faced discrimination. If you are a victim of disability discrimination situation, contact us today to schedule your free case evaluation by calling (646) 430-7930.","excerpt":"<p>When you face a cancer diagnosis, you already fear for your life. If your job is also at stake, that only adds to the stress, especially if you rely on health insurance provided by your employer. If your employer has more than 15 employees, they must accommodate you as you go through cancer diagnosis and&hellip;</p>\\n"},{"id":7374,"path":"/blog/eligible-overtime-new-york","slug":"eligible-overtime-new-york","modified":"2017-12-20T10:00:01","title":"Are You Eligible for Overtime in New York?","content":"Overtime pay is a common wage violation against workers and many times, the failure to address overtime is not intentional. Employers do not always understand New York overtime requirements well and workers end up paying the price with reduced pay. However, there are some cases where this oversight is intentional and employers should be held accountable.\\nYou may have noticed short paychecks or were told to clock out and keep working too often. No matter your challenges with overtime pay, you should consult with an attorney if you believe your employer has violated wage and hour laws.\\nWhen Required\\nOvertime pay applies to non-exempt employees who receive pay by the hour. Workers who perform their duties more than 40 hours a week should be paid time and a half for each additional hour. For example, if the hourly wage for a worker is $10.00, the overtime wage is $15.00. A workweek of 43 hours pays the base wages of $400.00 plus an additional $45.00 for overtime.\\nHours are calculated on a weekly, not daily basis. If an employee works 10 hours on Monday, but six on Tuesday and eight on the remaining days, overtime pay is not required for Monday. However, if that same employee works 10 hours every day Monday through Friday, their employer must pay overtime wages for the extra hours calculated at the end of the week.\\nWork weeks can begin on any day of the week and do not have to fit in the typical Monday through Friday format. A retail worker’s work week may run from Thursday to Monday, with Tuesday and Wednesday off. Thursday through Monday becomes one work week for the purposes of calculating overtime pay.\\nExempt employees receive a salary, but they may also be entitled to overtime pay. Executive, professional, and administrative employees are truly exempt and do not receive overtime pay. However, a salaried retail or clerical worker who would normally be paid hourly could receive overtime pay. In fact, some employers seek to reduce expenses by misclassifying employees as salaried.\\nCommon Errors\\nEmployees miss out on overtime because they do not realize they are entitled to it and employers frequently mishandle it. Common errors that lead to overtime pay violations include:\\n\\nTreating workers as exempt or considering employees independent contractors are frequent ways employers avoid paying overtime. Jobs that are not professional in nature and normally pay by the hour could be subject to overtime even if you are salaried.\\nForced volunteer hours. There are incidents where an employer tells a worker to clock out but continue working. Many acquiesce because they need their jobs. However, this practice is illegal and you may be able to secure back pay for these incidents.\\nImproperly using “comp” time. Employers may offer additional time off (“comp” time) instead of paying overtime. This works out on a legal basis if the employee is given a choice between the comp time or overtime pay. It is not a legal practice if comp time is the only option offered.\\nClerical errors. Sometimes, employers do not calculate hours correctly. That also leads to missed overtime wages and if it is not fixed, a worker may be able to receive back pay and damages.\\n\\nIf your employer failed to pay you overtime wages when you were entitled to them, you may be able to recover back pay, damages, and attorney fees. To evaluate your wage claim and secure the amount owed to you, contact the Working Solutions Law Firm today to schedule your free case evaluation.","excerpt":"<p>Overtime pay is a common wage violation against workers and many times, the failure to address overtime is not intentional. Employers do not always understand New York overtime requirements well and workers end up paying the price with reduced pay. However, there are some cases where this oversight is intentional and employers should be held&hellip;</p>\\n"},{"id":7377,"path":"/blog/severance-agreements-wall-street-main-street","slug":"severance-agreements-wall-street-main-street","modified":"2023-03-14T14:28:25","title":"Severance Agreements from Wall Street to Main Street","content":"If your employer gives you a severance agreement, dont sign on the dotted line until youve looked for a few key elements that could significantly impact your ability to move forward. Contract terms like a general release of all claims or a lack of terms that provide health coverage continuance could be a problem. Whether youre a banker or a busboy, heres what you need to be evaluating in your severance agreement and when you should get a New York employment lawyer involved.","excerpt":"<p>If your employer gives you a severance agreement, don&#8217;t sign on the dotted line until you&#8217;ve looked for a few key elements that could significantly impact your ability to move forward.&nbsp;Contract terms like a general release of all claims or a lack of terms that provide health coverage continuance could be a problem. Whether you&#8217;re&hellip;</p>\\n"},{"id":7371,"path":"/blog/4-mistakes-may-compromise-sexual-harassment-claim-new-york","slug":"4-mistakes-may-compromise-sexual-harassment-claim-new-york","modified":"2017-12-13T10:00:43","title":"4 Mistakes That May Compromise Your Sexual Harassment Claim in New York","content":"Facing sexual harassment is often stressful and degrading. For that reason, these claims are tough to see through because often, the silent blame and pressure gets to victims. Many abandon their claims to make peace and avoid additional stress.\\nUnfortunately, unless you take certain steps, you may not have a successful claim or be able to hold the harasser accountable. You may continue to suffer harassment and before long, your workplace could become unbearable. Here are four mistakes sexual harassment claimants frequently make in New York and suggestions for avoiding them.\\n\\n Avoiding Confrontation\\n\\nSexual harassment is often about intimidation. Men may want to keep women in their place or female executives may objectify young male employees. It can also affect marginalized individuals, including homosexual and transgender employees who may face constant harassment or threats over their gender identities or sexuality.\\nThis makes confrontation difficult, if not impossible. It’s important to tell the harasser to stop and document the day and time in writing. Another way to address this is through email. Not only is it clear that the attention was unwelcome, but email provides instant documentation of day, time, and place that you notified the harasser that their behavior was unacceptable. If the harasser is someone other than your supervisor, you can also ask them to confront the offender. All of these actions make it clear that you consider the conditions to be hostile.\\n\\n Failing to Report Incident\\n\\nLike confrontation, this is also difficult for some victims, especially if they feel human resources or their supervisor is not on their side. But if you do not report the incident, you may not have a cause of action.\\nIf you feel like you are in enemy territory, find an ally. While reporting the incident to them may not be enough, they can offer moral support when you talk to your supervisor or human resources. They may have also witnessed the harassment but may not have felt comfortable bringing it up unless you reported it first. This provides another strength to your claim.\\n\\n Never Seeking Treatment\\n\\nSexual harassment often results in psychological and emotional impacts. If you have pre-existing mental conditions like PTSD or anxiety, these can become substantially worse after harassment.\\nWhen these symptoms undermine your quality of life, it’s important to seek professional help. This provides additional documentation of your distress and helps you manage your symptoms during the claim process. If you do not seek help, it may difficult to establish your damages.\\n\\n Trusting Human Resources\\n\\nHuman resources departments may mishandle your claim or fail to believe you. You must follow-up with them to see what, if anything, they will do about the harassment. If they do nothing, there could be other parties facing liability in your claim.\\nAlso, it is not up to human resources to determine whether you have a case. Only an attorney offers that expertise. Not only should you consult an attorney if your claim is mishandled or ignored, but also at the start of the reporting process. Unfortunately, these claims are not always taken seriously and it is often the victim who is punished rather than the harasser. Retaining an attorney prepares you for all possibilities.\\nThe Working Solutions Law Firm offers compassionate and aggressive legal representation for victims of sexual harassment in New York. Contact our office to schedule a free case evaluation.","excerpt":"<p>Facing sexual harassment is often stressful and degrading. For that reason, these claims are tough to see through because often, the silent blame and pressure gets to victims. Many abandon their claims to make peace and avoid additional stress. Unfortunately, unless you take certain steps, you may not have a successful claim or be able&hellip;</p>\\n"},{"id":7368,"path":"/blog/three-paid-unpaid-leave-benefits-available-new-yorkers","slug":"three-paid-unpaid-leave-benefits-available-new-yorkers","modified":"2017-12-06T10:00:12","title":"Three Paid and Unpaid Leave and Benefits Available to New Yorkers","content":"New York is progressive when it comes to paid and unpaid worker benefits. With the introduction of a new paid family leave law in January 2018, the state will soon be a leader in providing options for employees who require additional flexibility in their work schedules. Here are three paid or unpaid benefits available to New Yorkers.\\n\\n Sick Leave\\n\\nNew York City has required paid sick leave since April 1, 2014. Any employer within the city with five or more employees who work more than 80 hours in a calendar year must provide this benefit.\\nThis benefit even extends to domestic workers. Any employee under that category who has worked for the same employer for at least a year for more than 80 hours must also receive paid sick leave.\\nIf a business has fewer than five employees, the sick leave must be provided, but it can be unpaid. The number of employees is cumulative; if a business has multiple locations, its sick leave requirement is based on the total employees of all sites. So, if one location has four employees and the other three, that business meets the five-employee minimum with seven employees total and must provide paid sick time.\\n\\n Disability Benefits\\n\\nUnlike workers’ compensation, disability benefits cover injury or illness away from the job site. Any employer with one or more employees in its office at least 30 days of a calendar year must purchase a disability policy and provide these benefits.\\nEmployers may subsidize this policy with a payroll deduction, but it cannot be more than one-half to one percent of wages paid at a maximum of $0.60 per week. For many employees, that is a good investment for peace of mind in case an accident or illness makes it impossible to work.\\n\\n Paid Family Leave (Effective January 1, 2018)\\n\\nCurrently, workers are protected by the federal Family Medical Leave Act to assure maternity leave, time to care for ill or injured family members or to attend to their health issues. The law allows for job-protected leave of up to 12 weeks per year, but it is unpaid.\\nHowever, New York improved on this situation with a new law that offers paid family leave. Effective January 1, 2018, all employees who work 20 or more hours a week are entitled to this leave after 26 weeks of employment. If an employee works less than 20 hours per week, they are eligible after 175 days worked.\\nThe benefit includes maternity and paternity leave, care of close relatives, and time needed to adapt to active duty deployment of a spouse, child, or domestic partner. For paternity and maternity leave, that applies to fostering and adopting children as well. Close relatives include spouses, domestic parents, parents, in-laws, grandparents, and grandchildren.\\nNo matter your employment status, it is likely you are entitled to some or all of these benefits. If your employer fails to provide them, it may be considered a violation of the law and you could receive compensation. Contact the Working Solutions Law Firm today if you face challenges with employee benefits.","excerpt":"<p>New York is progressive when it comes to paid and unpaid worker benefits. With the introduction of a new paid family leave law in January 2018, the state will soon be a leader in providing options for employees who require additional flexibility in their work schedules. Here are three paid or unpaid benefits available to&hellip;</p>\\n"},{"id":7365,"path":"/blog/severance-agreement-stifles-whistleblowing","slug":"severance-agreement-stifles-whistleblowing","modified":"2023-03-14T14:28:29","title":"When Your Severance Agreement Stifles Whistleblowing","content":"If you voluntarily resign from a position or face termination, it is likely a time for caution. Many employers offer severance packages that come with strict conditions. Some of these may even be illegal.\\nYour employer cannot force you to waive rights granted by federal law in a severance agreement, and that includes financial incentives for whistleblowing. Employees should not be forced to choose between a generous severance package and acting within the law, especially when violations threaten public interest. Here is what you should know about severance agreements that limit whistleblowing.\\nRecent Cases\\nThe discussion around this issue arises from Securities and Exchange Commission (SEC) regulations. On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act amended the Exchange Act by including a provision to encourage the reporting of securities violations. It also added financial incentives for whistleblowing, since that is often the only way securities violations come to the surface.\\nSeverance agreements because the tool for subverting this new law and its whistleblowing incentives. Two cases, in particular, stand out. One involved Health Net, Inc., a California-based company.\\nAfter the passage of the act, Health Net maintained severance agreements where former employees waived their rights to collect whistleblowing incentives. These agreements were drafted before the act’s passage but never changed. Even though Health Net updated its agreements later, it still paid a $340,000 penalty in August 2016 after the SEC discovered the violation.\\nBlueLinx Holdings, Inc. committed the same offense. Its severance agreements contained a similar provision and much like Health Net and the company never changed them to reflect the new law. One hundred and sixty employees signed these agreements even though they were technically illegal. The SEC was successful in bringing a cease and desist order against BlueLinx and collected a $265,000 penalty.\\nIt is likely that this violation is more common than these two cases. Companies will work in their best interests and sometimes, that means holding former employees hostage. However, it is not in the best interest of employees or the public to discourage whistleblowing, especially if the illegal activity could also implicate that employee.\\nProceed with Caution\\nThe lesson to take from these incidents is that severance agreements must be handled with caution. Be familiar with general red flags, but also review carefully for questionable material. Even if you really need a complete severance package, never sign an agreement that leaves you feeling uncomfortable.\\nIf your employer is not controlled by the SEC, you should still look carefully for other provisions that may penalize reporting unsafe work conditions or illegal employment practices. Limiting remedies when exercising these rights is just as illegal as anything linked with securities violations.\\nHiring a New York employment law attorney to review your severance agreement is the best course of action. You will be able to make an informed decision on a severance agreement rather than a pressured one. Companies cannot restrict your legal rights to prevent this review and holding back benefits in retaliation for seeking help can be actionable. This makes legal representation in severance situations even more vital.\\nIf a severance agreement appears to have questionable provisions, the Working Solutions Law Firm is available to place your mind at ease. Contact our office today to schedule a free case evaluation.","excerpt":"<p>If you voluntarily resign from a position or face termination, it is likely a time for caution. Many employers offer severance packages that come with strict conditions. Some of these may even be illegal. Your employer cannot force you to waive rights granted by federal law in a severance agreement, and that includes financial incentives&hellip;</p>\\n"},{"id":7361,"path":"/blog/ive-come-back-fmla-leave-dont-job","slug":"ive-come-back-fmla-leave-dont-job","modified":"2017-11-22T10:00:50","title":"I’ve Come Back from FMLA Leave – But I Don’t Have a Job!","content":"The Family Medical Leave Act (FMLA) offers options when you face health challenges or those of an elderly parent or child. It recently arose as an issue with natural disasters, since employees may need time off to help a relative evacuate hurricanes or wildfiresor manage their health limitations during these disasters.\\nWhen you are facing these challenges, you rely on FMLA to grant flexibility without risking your job security. Returning from leave only to find you are terminated is a stressful experience that could be illegal under federal and New York Law. Here is what you need to know about the FMLA and whether your termination during or after leave was improper.\\nGeneral FMLA Requirements\\nThe FMLA allows employees up to 12 unpaid weeks per year to attend to the birth or adoption of a child or the serious health condition of an immediate family member (spouse, child or parent) without risking their job or losing their employer-provided health insurance. An employee’s own health condition also receives this protection.\\nThe law applies to all government agencies, private and public schools, and companies with 50 or more employees. To qualify, an employee must work 12 continuous months or at least 1,250 hours in the last 12 months.\\nIn addition to the FMLA, New York law offers a paid family leave protection starting next year. Workers may receive up to eight weeks paid time off in 2018 with that increasing to 12 weeks in 2021. Like the federal law, it offers job protection and health insurance continuation.\\nSince the FMLA includes job protection, terminating an employee who requested or is on leave is a risky venture. There are few grounds where this is allowed and companies often faced legal action\\nImproper Termination\\nAn employer must provide a nondiscriminatory reason for terminating an employee on FMLA leave. Two circumstances where this is allowed include:\\n\\nThe employee was going to be terminated regardless of their FMLA leave because of poor performance; and\\nThe employee was on a performance improvement plan and failed to reach the goals.\\n\\nIf there were no plans to terminate the employee before they took leave, that is where employers get in trouble. For example, in Janczak v. Tulsa Winch, Inc., the employee was fired after his FMLA leave. His employer argued that they considered eliminating his position before he started leave. However, since no final decisions were made until after he started FMLA, the court determined that was an issue for trial.\\nOther reasons that may justify termination include poor performance that came to an employer’s attention while the employee was on leave and misconduct during an employee’s time off. This has to be well-documented and not a suddenly manufactured as a response to a complainant’s action.\\nBasically, even the appearance of impropriety is enough to establish liability. But this is a challenging endeavor that requires skilled legal representation.\\nContact a New York FMLA Attorney\\nIf you needed FMLA leave, you already faced less-than-ideal circumstances. Losing your job is the last thing you need and the reasons for your termination should at least be thoroughly investigated. If your employer acted improperly, you may be entitled to compensation.\\nIf you face job loss after FMLA leave, contact the Working Solutions Law Firm and schedule a free case evaluation.","excerpt":"<p>The Family Medical Leave Act (FMLA) offers options when you face health challenges or those of an elderly parent or child. It recently arose as an issue with natural disasters, since employees may need time off to help a relative evacuate hurricanes or wildfires&#8211;or manage their health limitations during these disasters. When you are facing&hellip;</p>\\n"},{"id":7356,"path":"/blog/5-common-illegal-employment-practices-new-york","slug":"5-common-illegal-employment-practices-new-york","modified":"2017-11-15T10:00:52","title":"5 Common Illegal Employment Practices in New York","content":"Illegal employment practices in New York may arise unintentionally or from an ill-conceived plan to save money. Employees often tolerate these practices for years before discovering they were denied fair pay and equal treatment. Here are five common practices by employers that may be actionable under state and federal law.\\n\\n Unpaid Wages \\n\\nThe most common form of unpaid wages is failure to pay overtime. Employers may ask workers to clock out and put in extra hours or calculate overtime pay incorrectly. Employees may also notice discrepancies in their paycheck, e.g. they know they worked three hours of overtime one Monday but only find they are paid for one hour. In more egregious cases, employers may even skim off paychecks hoping employees will not notice or demand that certain duties are performed off-the-clock.\\nEvery employer should track hours and overtime accurately and pay accordingly. Poor record keeping does not absolve them of this duty and workers often prevail in these wage claims.\\n\\n Not Providing Documents or Policies\\n\\nEven if you are terminated, you have a right to keep any employee handbooks or documents you signed. These become important if you need access to discrimination, harassment, family leave or other policies. Many companies have the handbook online but it is a good idea to have a hard copy too.\\nBe careful what you sign. If you sign an agreement stating you received and reviewed the employee handbook, but never received a copy, that could waive your rights in the future. Even you discover this oversight later on, request your personnel file so you can receive all signed documents and policies relevant to your position.\\n\\n Retaliation\\n\\nYour employer cannot terminate or demote you for discussing working conditions with your co-workers. It also cannot take the same retaliatory approach if you file a complaint with human resources or a state agency.\\nThis mistake arises from a desire for relief from a “troublesome” employee, but it is often considered retaliation. Even if the adverse effect seems minor, like being moved to another less convenient location, you still have a possible claim for retaliation.\\n\\n Downplaying Harassment\\n\\nSlurs against sexual orientation, race, gender or religion may have once been considered part of a company’s culture but are now actionable. Companies that fail to investigate matters like sexual harassment or worse, punish the complainant for speaking up, may be held liable.\\n\\n Employee Misclassification\\n\\nThe differences between independent contractors and employees is subtle but significant. Employers may classify workers as independent contractors so they do not have to pay benefits while still dictating duties, work hours, and use of technology.\\nAnother misclassification is salaried vs hourly wages. Maintaining salaried employees prevents the need to pay overtime or calculate hours. While that is appropriate with higher-paid professionals who work varied hours based on project demand, it is not necessarily the best course of action for skilled laborers. These workers normally work a set eight-hour day with extended hours when there is the demand. If an employee shows that they were salaried merely to avoid overtime, that can become a successful misclassification and wage theft claim.\\nContact Our Office Today\\nIllegal employment practices affect your income and job security. If you detect one in your workplace, it should be addressed immediately. To get started, contact the Working Solutions Law Firm to schedule a free case evaluation.","excerpt":"<p>Illegal employment practices in New York may arise unintentionally or from an ill-conceived plan to save money. Employees often tolerate these practices for years before discovering they were denied fair pay and equal treatment. Here are five common practices by employers that may be actionable under state and federal law. Unpaid Wages The most common&hellip;</p>\\n"},{"id":7353,"path":"/blog/new-york-mandatory-employment-benefits-explained","slug":"new-york-mandatory-employment-benefits-explained","modified":"2017-11-08T10:00:29","title":"New York Mandatory Employment Benefits Explained","content":"New York is unique in its requirements for employers. While the law does not make it mandatory to provide health insurance or paid sick leave, employers must provide workers’ compensation coverage, disability benefits, and, starting in 2018, paid family leave. Here is an explanation of these benefits and what to do if your employer does not follow through on them.\\nWorkers’ Compensation\\nWorkers’ compensation insurance covers employees when they suffer injuries or illnesses from work-related conditions. It includes medical costs, lost wages, and for more serious incidents, vocational retraining and disability income. The insurance also compensates family members if there is a death on the job.\\nThis requirement applies to any employer with one or more employees. The insurance is purchased from the state and must be effective on the first day an employee is hired. Failure to purchase a policy is a Class E felony for any company with five employees or more. If there are fewer than five employees, the violation is a misdemeanor. In either case, the employer is liable for all the costs of the claim including compensation payments, medical costs, and penalties issued by a judge.\\nDisability Benefits\\nNew York is one of the few states requiring employers to provide disability benefit coverage. The coverage is not included with workers’ compensation and must be issued under a separate policy. It applies to all serious injuries, illnesses, and accidents, not just those that occur on the job.\\nAny employer with one or more employees in a calendar year must carry a disability benefits policy. It must be effective for an employee no later than four weeks after hiring. Failure to carry a policy is a misdemeanor and employers are liable for all costs associated with a disability claim.\\nPaid Family Leave\\nRequired paid family leave starts in 2018. Employees will be eligible to receive eight weeks paid family leave in 2018 with that amount increasing to 12 weeks by 2021. It provides job protection and health insurance continuation.\\nThis requires employers to purchase paid family leave coverage. That way, they can grant the benefits to employees without significant losses. It is funded through a paycheck deduction and employees can start using this benefit on January 1, 2018. Once implemented, violations of this act are addressed through discrimination claims filed with the workers’ compensation board.\\nCurrently, employees are entitled to unpaid leave under state law and the Family Medical Leave Act (FMLA). If reasonable requests are denied or employees face adverse action for taking family leave, those can be addressed by filing civil actions.\\nMissing Benefits?\\nEmployers have obligations to their employees including payment of wages, promised incentives, and coverage for adverse events, like workplace injuries or general disability. In 2018, you are allowed to take paid family leave when you need it and your employer should cooperate with that request.\\nHowever, if you are not provided with these benefits or you face retaliation because you took advantage of them, you need a skilled employment lawyer. The Working Solutions Law Firm helps workers secure the benefits they are promised. Contact us today and schedule your free case evaluation.","excerpt":"<p>New York is unique in its requirements for employers. While the law does not make it mandatory to provide health insurance or paid sick leave, employers must provide workers’ compensation coverage, disability benefits, and, starting in 2018, paid family leave. Here is an explanation of these benefits and what to do if your employer does&hellip;</p>\\n"},{"id":7349,"path":"/blog/reported-discrimination-now-ive-fired","slug":"reported-discrimination-now-ive-fired","modified":"2017-11-01T10:00:53","title":"I Reported Discrimination – And Now I’ve Been Fired!","content":"Under federal and state law, you have certain remedies if your employer discriminates against you. These lawsuits are burdensome and expensive for employers, and the prospect of such a suit often leads an employer to commit another transgressionretaliation.\\nSometimes, retaliation is obvious, like being terminated after making a complaint. Other times, it can be very subtle with a change in hours or pay. The bottom line is that retaliation is illegal and the law protects you from it.\\nWhat is Retaliation?\\nRetaliation is the catch-all description for any adverse action against an employee after they lodge a discrimination or harassment complaint. This is prohibited whether you make a complaint through your company’s internal procedures or go through a local, state or federal agency. Even if you only went as far as to report the offense to human resources, any adverse action that follows could constitute retaliation.\\nThe protection extends not just to the complainant but also any employee who participates in the investigation. If you were a witness to harassment or discrimination and support a co-worker’s claims, you may have a claim for retaliation if you are fired or demoted shortly after giving your interpretation of events.\\nDemotion or termination are obvious signs of retaliation. Sometimes, it is not that upfront. For example, a woman may report gender discrimination to human resources. Shortly thereafter, she is moved to another office away from the accused supervisor. On the surface, this appears to be a prudent course of action. However, since it affects the complainant and not the person causing the problem, laws interpret this as retaliation, even though it is unintentional. This gives you a possible cause of action if any remedy focuses on you, the complainant, rather than the wrongdoer.\\nLaws Regarding Retaliation\\nNew York and federal law protects employees who report discrimination or support the facts of an investigation. Any action that discourages an employee from reporting or participating in a discrimination investigation is frequently actionable.\\nThe laws recognize that retaliation takes many forms and leaves room for interpretation. That way, a scenario is not excluded for simply being unique.\\nCommon examples given by agencies are not intended to be exhaustive but offer guidance. These examples include:\\n\\nTermination shortly after a report of discrimination;\\nReassignment to an inconvenient or undesirable location;\\nUncharacteristically low work reviews;\\nUnrealistic expectations for work quality;\\nDisciplinary action for conduct previously ignored or permitted;\\nPay reduction;\\nFailure to promote;\\nDenial of pay raise or bonus;\\nExclusion from meetings or communications; or\\nRemoval of privileges.\\n\\nThis does not shield employees from termination based on performance or other bona fide reasons. For example, if there is a record of work quality concerns before the discrimination complaint was filed, it could be difficult to establish you were the victim of retaliation. That is why it is a good idea to have an attorney review your case thoroughly.\\nFired for Reporting Discrimination? Call Today\\nIf you believe your termination or other adverse employment action is linked to a discrimination complaint, it is worth your time to pursue that claim. Successful retaliation actions offer substantial remedies including payment of lost wages, emotional and punitive damages, and payment of reasonable attorneys’ fees and costs.\\nThe Working Solutions Law Firm is dedicated to supporting employees who are victims of retaliation. We offer a free case evaluation so you can make informed decisions about your options. Contact us today at (646) 430-7930 to schedule an appointment.","excerpt":"<p>Under federal and state law, you have certain remedies if your employer discriminates against you. These lawsuits are burdensome and expensive for employers, and the prospect of such a suit often leads an employer to commit another transgression&#8211;retaliation. Sometimes, retaliation is obvious, like being terminated after making a complaint. Other times, it can be very&hellip;</p>\\n"},{"id":7346,"path":"/blog/four-behaviors-think-arent-sexual-harassment-really","slug":"four-behaviors-think-arent-sexual-harassment-really","modified":"2017-10-25T10:00:35","title":"Four Behaviors You Think Aren’t Sexual Harassment – But Really Are","content":"Sexual harassment is frequently difficult to assess because it can arise from behaviors that are generally considered harmless. The problem is, that does not alleviate the discomfort of the victim and many employees, especially those in marginalized groups, feel they must tolerate it to keep a job or simply fit in.\\nBut if allegedly “normal” practices leave you in a place where you dread going to work and face substantial stress, that is not acceptable. In fact, it is illegal and you may be entitled compensation. Here are common behaviors that are generally not considered sexual harassment but still fall into that spectrum.\\nMany employees avoid complaints because they do not want to be labeled hypersensitive or a workplace troublemaker. However, if you experience any of the following you may have a valid sexual harassment claim.\\n\\n Comments on Physical Appearance\\n\\nAlthough “compliments” about physical appearance or dress may be seem harmless to some, such comments are inappropriate for the workplace. Even if others consider a comment a compliment, these statements may constitute sexual harassment, especially if made on a regular basis or made by your supervisor.\\n\\n Insisting on a Date\\n\\nPersistence in the dating arena may be rewarded in the movies, but not the workplace. Once you say “no” to an offer of a date, you have the right to be free of such requests in your workplace – whether or not such requests are made in a “friendly” manner. Similarly, you have the right to change your mind after beginning a romantic or sexual relationship with a boss or co-worker without being threatened, bullied or harassed for further contact.\\nRomantic or sexual overtures, whether or not accompanied by overt threats of retaliation, can constitute sexual harassment. These actions or remarks can constitute sexual harassment even if no romantic or sexual contact ever occurs.\\n\\n Remarks Regarding Gender or Sexual Orientation\\n\\nWorkplaces are becoming more diverse, including diversity of sexuality, sexual identity/orientation, and gender identity. There is no doubt that LGBTQ individuals are increasingly able to work freely and openly without fear of discrimination.\\nUnfortunately, freedom for LGBTQ individuals may convince certain co-workers that they are entitled to ask inappropriate questions about sexual orientation or gender. All employees have a right to work in peace without co-workers asking intimate or personal questions, especially in an embarrassing or inappropriate manner.\\n\\n Violating Personal Space\\n\\nSexual harassment is not limited to remarks. Sitting or standing too close, cornering a coworker in a cubicle or small space, and unwelcome touch are not acceptable behaviors. A common complaint here is the unsolicited back rub. While you may hear excuses similar to “oh, he’s just like that,” or “she just likes you,” no employee is required to tolerate any unwelcome or threatening physical behavior or touching.\\nWhen to Call an Attorney\\nTrust your instincts. If the words or actions of your co-workers or supervisors – in the workplace or at work-related events – leave you with feelings of discomfort, guilt, anxiety or depression, or affect your productivity or ability to come to work, you may be facing discrimination or harassment.\\nThe Working Solutions Law Firm offers substantial experience in employment law, including sexual harassment cases. Contact us today by calling (646) 430-7930 to schedule your free case evaluation.","excerpt":"<p>Sexual harassment is frequently difficult to assess because it can arise from behaviors that are generally considered harmless. The problem is, that does not alleviate the discomfort of the victim and many employees, especially those in marginalized groups, feel they must tolerate it to keep a job or simply fit in. But if allegedly “normal”&hellip;</p>\\n"},{"id":7343,"path":"/blog/business-partner-breaks-contract","slug":"business-partner-breaks-contract","modified":"2023-03-14T14:28:37","title":"What to Do When Your Business Partner Breaks the Contract","content":"Business partnerships are a flexible corporate form that benefits those seeking a joint venture. But conflict may threaten the existence of the partnership, especially if it arises from a breach of the partnership contract. It is only natural for other partners to seek a remedy when they face this situation. Here are your options if you’re involved in a partnership dispute because your business partner failed to adhere to the contract.\\nCure the Breach\\nSometimes, a breach in a partnership agreement can be “cured,” or fixed. If this is possible and parties agree to move on, this may be your least costly option.\\nFor example, if a partner completes accounting records incorrectly and that results in a large financial loss, there may be an agreement to compensate the partnership for that loss using personal assets. Other cures can be as simple as agreeing to never indulge in actions that violate the partnership agreement again, such as making a large purchase without consulting other partners.\\nThis is an appropriate course of action for minor transgressions between partners who wish to continue the business. It may not be possible with criminal activity or egregious violations of the contract.\\nFile a Lawsuit\\nIf the breach is of a more serious nature, such as embezzling assets or incurring liability against the partnership, you may file a civil suit for damages to compensate losses. This assumes the offending partner has no intention of replenishing assets or taking responsibility for the shortcoming.\\nEven if you must take this extreme measure, there is a chance you can settle the matter and restore partnership assets. Sometimes in cases where there are hard feelings or emotions involved, it takes this step to start productive discussion.\\nExpulsion\\nIf a partnership contains more than two partners with equal authority, you may have the option of expelling the offending partner. This allows the partnership to continue without the offending partner.\\nThis course of action must be authorized by the contract. Sometimes, partners list specific conduct that can lead to expulsion. However, if your contract is not that specific, you may find it difficult to justify this action. Expulsion may be possible with or without taking the step of formally taking legal action against the breaching partner.\\nDissolution\\nIn two-person partnerships where a dispute leads to breakdown of the partnership, the only possible solution is to dissolve the partnership and liquidate its assets, which are then split evenly. Dissolution is also a possibility in larger partnerships where the damage resulting from the breach is too extensive to repair.\\nDissolution ends the partnership, but does not necessarily end the business. You can convert it to an LLC or a new partnership with a new party. That can be finalized during the wind down process.\\nConclusion\\nMany of these remedies depend on the terms of your partnership agreement. For example, you may not be able to expel an offending partner unless your agreement authorizes that action. You may also lack authority to continue the business as a sole proprietor if dissolution is necessary.\\nTo help you interpret your contract correctly and make informed decision on how to proceed, consult with attorney with experience managing partnership disputes. The Working Solutions Law Firm will inform you of legal responsibilities and help you design an effective course of action. Contact us today at (646) 430-7930 for your free case evaluation.","excerpt":"<p>Business partnerships are a flexible corporate form that benefits those seeking a joint venture. But conflict may threaten the existence of the partnership, especially if it arises from a breach of the partnership contract. It is only natural for other partners to seek a remedy when they face this situation. Here are your options if&hellip;</p>\\n"},{"id":7317,"path":"/blog/denied-new-york-financial-industry-bonus","slug":"denied-new-york-financial-industry-bonus","modified":"2023-03-14T14:28:42","title":"Were You Denied Your New York Financial Industry Bonus?","content":"The annual bonus is a common incentive across all employment fields. It is so prevalent that employees expect them and often ask about unpaid wage claims if a bonus is not forthcoming one year. In many cases, this is not a valid claim since the bonus is likely an extra payment that neither federal nor state law considers regular salary or wages.\\nThe New York financial industry bonus is different. Often comprising most of an employee’s compensation and paid during the first months of the following year, these bonuses often represent payment for work already performed and may be required by the terms of the employee’s contract with their firm. However, if employment ends before the year concludes, employers often claim they are not required to pay the bonus and leave their unemployed workers scrambling, even though those same workers completed successful transactions before their departure.\\nIn the event of resignation or termination from the financial industry, your employer may still owe you a bonus. For this reason, you need to see an attorney about securing that payment if you have outstanding bonus payment from your former firm, or if you intend to resign before receipt of your annual bonus.\\nHow the Bonus Dispute Begins\\nAs mentioned, financial industry bonuses can easily comprise over one-half of a worker’s salary. Determined by successful transactions during the year, it is not calculated until the conclusion of the year and is normally payable during the early part of the following year.\\nA dispute may arise when an employee resigns or is terminated before the end of the year. Since they are not employed at the time of calculation, employers may assume they do not owe that employee a bonus. The employer may argue that the bonus is discretionary and not guaranteed in a contract. However, employees see it as unpaid salary that is owed to them. They often have records of completed transactions and even an estimated payment they expected as a bonus.\\nRelevant Law\\nBonuses are controlled by the federal Fair Labor Standards Act (FLSA) and state wage laws (in New York, the New York Labor Law). In certain circumstances, bonuses are not considered part of salary or wages but as an “extra” benefit or gift given by employers. When bonuses are awarded in this manner, employers are not obligated to pay them every year, and are under no obligation to award them to employees no longer employed by the company.\\nHowever, bonuses may qualify as “wages” in certain circumstances, such as:\\n If payment is based on employee productivity and success rather than the employer’s annual profit; If payment is guaranteed in an employment contract; If payment is not linked to special occasions, g. winter holidays or “Christmas bonuses”; If payment is promised and announced in advance.\\n\\nIn the majority of cases, New York financial industry bonuses are awarded under these or similar circumstances. Even if an employee is only present for part of the year, there still may be an obligation to pay a bonus if the employee was successful by the relevant metrics. That could make it likely that a bonus is due, although employees frequently need legal representation to secure those funds.\\nWant Your Bonus?\\nNew York financial sector employees reasonable rely on their bonuses not only for monetary reasons but as leverage when searching for new employment. A positive career trajectory may be impossible in the event that an employee’s total yearly compensation is lowered due to failure to receive a bonus.\\nThe Working Solutions Law Firm helps former financial sector employees secure unpaid bonuses and ensure their careers stay on track. Contact us now at (646) 430-7930 for a free appointment to evaluate your case.","excerpt":"<p>The annual bonus is a common incentive across all employment fields. &nbsp;It is so prevalent that employees expect them and often ask about unpaid wage claims if a bonus is not forthcoming one year. In many cases, this is not a valid claim since the bonus is likely an extra payment that neither federal nor&hellip;</p>\\n"},{"id":7301,"path":"/blog/can-non-compete-agreement-keep-getting-better-job","slug":"can-non-compete-agreement-keep-getting-better-job","modified":"2017-10-04T08:00:32","title":"Can a Non-Compete Agreement Keep You from Getting a Better Job?","content":"You work endless months, and sometimes years, to develop your skills. You believe those skills are your best asset to help you find another, better paying job. However, if you are like one in five U.S. employees, you may be in for a rude awakening. Your current employer may have inserted a clause in your employment contract known as a non-compete agreement. The terms of that agreement could prevent you from changing jobs.\\nUnderstanding Restrictions in Non-Compete Agreements\\nWhen you go to work for a new employer, particularly if you are working in high-tech or other highly competitive industries, your employer may ask you to sign a non-compete agreement. Unfortunately, these contracts often contain onerous clauses which could prevent you from changing jobs. Employers will attempt to limit you from going to work for a competing company on a permanent basis, regardless of their geographical location. This could be problematic for you, and for your career.\\nNew York Steps up to Protect Employees\\nNew Yorks Attorney General, Eric Schneiderman, has forced some potential changes in how employers are allowed to use these agreements. Under the terms of a settlement reached in a high-profile case, he demanded employers have good cause to request a non-compete agreement and they limit the scope of the agreements.\\nSpecifically, the new rules would place certain restrictions on employers who wish to use a non-compete agreement. For example, any employer who requests an employee to sign such an agreement must have a legitimate business interest. These agreements cannot be designed in such a way to prohibit employees from taking another job just because they happen to be seeking employment with another employer in the same field. This of course does not free employees to share confidential, or internal company information with their new employer.\\nUnder the new rules, employers must also place new limits on the time frames these agreements are enforceable and limit the geographic enforcement. For example, a New York employer would have a hard time justifying preventing an employee from seeking employment with a competing company in California.\\nAll Employees Are at Risk\\nWhile the example we used was employees in the high-tech industry, it is important to note these agreements are not always limited to technology companies. In most cases, employers limit the use of these agreements to those who are in key management, or highly competitive fields, but this is not always the case. Many employees only learn they agreed to one of these restrictive clauses once they have left a company for another job.\\nContact an Attorney for Help\\nFor those who are new to the New York labor market, these new restrictions are very beneficial. There may hundreds of thousands of people in New York who may have signed a New York non-compete agreement two, three, or five years, or more ago who are unaware of the restrictions they could be facing. Anyone who is considering changing jobs, who has signed a New York non-compete agreement, should meet with an employment law attorney and ask them to review any agreement you signed. Thanks to the new guidelines, it may be possible to have the onerous clauses waived.\\nContact the Working Solutions Law Firm today at (646) 430-7930 and let him put his skills and knowledge to work helping you fight back against a non-compete agreement so you can move forward with your career.","excerpt":"<p>You work endless months, and sometimes years, to develop your skills. You believe those skills are your best asset to help you find another, better paying job. However, if you are like one in five U.S. employees, you may be in for a rude awakening. Your current employer may have inserted a clause in your&hellip;</p>\\n"},{"id":7310,"path":"/blog/prove-wrongful-termination-new-york","slug":"prove-wrongful-termination-new-york","modified":"2017-09-26T08:00:43","title":"How to Prove Wrongful Termination in New York","content":"When terminated, the first reaction of most employees is shock. Unless the reason was obvious and building up for a while, most terminations are a surprise. Many employees will automatically assume it was a “wrongful termination” without realizing that that legal term applies only to a limited class of cases.\\nHere is an overview of wrongful termination and why you need to speak to an attorney with experience in this area of the law in the event that you are terminated from your job.\\nWhat is Wrongful Termination?\\nPrivate employment arrangements in New York are normally “at will.” Just as you are able to quit your job at any time for any reason, you can be fired for any reason or no reason at all – even if the reason appears obviously unfair, such as if your supervisor wants to hire a relative. In many cases like these, you will have no legal recourse available to you.\\nBut there are other instances when terminating that employee is unlawful. These situations include:\\n\\nBreach of Contract: If your employment contract sets out specific reasons for dismissal or a minimum service period, you are not employed “at will” and your employer cannot dismiss you outside those terms. In a recent example, former SPCA director, Kerrin Conklin, filed a wrongful termination and defamation lawsuit claiming that her dismissal violated the terms of her employment contract.\\nDiscrimination: Employers are not permitted to fire you for discriminatory reasons based on your membership within a category of employees protected by local, state and/or federal law. Depending on what state and city you work in, these categories include race, religion, sex, gender, national origin, disability or perception of disability, pregnancy status, family status or need for unpaid family medical leave, criminal history or sexual orientation.\\nRetaliation: Employers are prohibited from firing you for reporting a labor or employment law violation, including violation of laws that protect employees from discrimination. You have similar protection if you file a workers’ compensation claim.\\nUsing Authorized Time Off: If you use authorized sick or vacation time according to your contract or employers’ company policy, you cannot be fired at will. The same is true if you take advantage of unpaid family medical leave.\\n\\nUnless you have a contract that controls the employer-employee relationship, these causes of action can sometimes be very difficult to prove. This is what makes wrongful termination one of the more challenging areas of law in the state of New York.\\nFinding Evidence\\nThe easiest wrongful termination cases involve employment contracts. Contrasting the plain language of the contract with the actual termination events can be sufficient to prove that a termination was unlawful. For example, if your contract allows seven days of sick leave a year and you are fired after using two days, you are more likely to be able to show wrongful termination based on breach of contract.\\nLess objective claims, like discrimination or retaliation, may be more difficult to prove. It is often your word against an employer’s and in many cases, you will take the risk of losing at trial. Few workplaces contain “smoking gun” memos or direct comments that show intentional discrimination or retaliation. Evidence of a pattern of behavior towards others in your protected category (same race, religion, sexual orientation, etc.) may help prove your claim, as will evidence that co-workers who do not belong to your protected category are treated better or differently. Discriminatory comments, such as the use of stereotypes or slurs in the workplace, can also be proof of intentional discrimination if you are later fired.\\nCall an Attorney Today\\nAn experienced New York wrongful termination attorney can examine your circumstances and determine if you have a strong claim. Even if you believe it is impossible to prove your case, contact the Working Solutions Law Firm today through the online form or call (646) 430-7930 to learn about your legal options.","excerpt":"<p>When terminated, the first reaction of most employees is shock. Unless the reason was obvious and building up for a while, most terminations are a surprise. Many employees will automatically assume it was a “wrongful termination” without realizing that that legal term applies only to a limited class of cases. Here is an overview of&hellip;</p>\\n"},{"id":7305,"path":"/blog/disability-discrimination-defined","slug":"disability-discrimination-defined","modified":"2017-09-19T08:00:22","title":"Disability Discrimination Defined","content":"The Americans with Disabilities Act (or “ADA”) and the Rehabilitation Act guarantee that individuals with a disability are treated fairly by employers. The Rehabilitation Act of 1973 covers federal employees, and the ADA covers everyone else. Provisions of the two laws are very similar.\\nUnfortunately, despite these laws, disability discrimination still occurs. Here’s what you should know about disability discrimination and how to get help if an employer has discriminated against you due to a known or perceived disability.\\nDisability Discrimination Defined\\nUnder federal law, individuals cannot be treated differently because the employer suspects or knows about a disability. Doing so may be considered discrimination.\\nEmployers cannot discriminate in any area of employment: hiring, job assignments, layoffs or firing, training, salary, demotions or promotions, or any other job benefits or conditions of employment.\\nBecause some employers have also been known to discriminate against employees or potential applicants if their spouse or child has a disability, the law also protects people in those instances.\\nEmployers Must Make Reasonable Accommodations for Disabled Employees\\nAnti-discrimination laws require employers to make reasonable accommodations for employees with disabilities, unless the accommodations would cause undue hardship on the company. An accommodation would cause “undue hardship” if it were too expensive or otherwise difficult for the employer to make the accommodation.\\nWhat Employers Can and Cannot Do\\nIt is against the law for any employer to harass an employee about a current or past disability, and this includes both physical and mental impairments. Harassment is defined as offensive remarks or teasing, or any action that creates a hostile work environment.\\nEmployers cannot outright ask job applicants medical questions or ask whether the person has a disability before extending a job offer. However, employers can ask whether the applicant feels he or she can perform the job and whether they would need accommodations to do the job.\\nOnce a job is offered, an employer can then ask certain medical questions or require a medical exam, but all job candidates must participate, not just those known to have or suspected of having a disability.\\nOnce an individual is hired, an employer can ask medical questions if they are trying to support a request for accommodation to perform the job. An employer can also require a medical exam if the employer needs medical documentation to safely provide the accommodation.\\nEmployers are not allowed to create physical barriers in the workplace that impede the movements of those with physical disabilities.\\nWhat Does Disability Discrimination Look Like?\\nDiscrimination can be very obvious, but at other times discrimination can occur in indirect or subtle ways that are more difficult to perceive.\\nFor example, job applicants may viewed as less favorable because they have a history of a disability. For example, a candidate who has had cancer, but it is in remission or under control, might not be considered for a job. Or, an employer may make disparaging remarks to an employee who has become partially disabled due to a car accident and refuse to make reasonable accommodations for the employee to be able to continue to do their job. An employer may view an employee with a disabled child as unreliable and refuse to give reasonable accommodations to the employee.\\nWere You Discriminated Against Due to Disability?\\nIf you have been discriminated against in the workplace due to a disability, Attorney Christopher Q. Davis has the skills and knowledge to help you fight back. Contact the Working Solutions Law Firm today to learn more by calling (646) 430-7930.","excerpt":"<p>The Americans with Disabilities Act (or “ADA”) and the Rehabilitation Act guarantee that individuals with a disability are treated fairly by employers. The Rehabilitation Act of 1973 covers federal employees, and the ADA covers everyone else. Provisions of the two laws are very similar. Unfortunately, despite these laws, disability discrimination still occurs. Here’s what you&hellip;</p>\\n"},{"id":7313,"path":"/blog/can-women-take-sexism-discrimination-court","slug":"can-women-take-sexism-discrimination-court","modified":"2017-09-12T08:00:25","title":"Can Women Take Sexism and Discrimination to Court?","content":"There appears to be a new era of sex discrimination in the workplace. There is an increase of incident reporting and this is especially apparent in the technology industry where women’s struggles are well-known. The legal system, or confidential legal settlement discussions, offer the best option for women facing discrimination. Here is how women can take sexism and discrimination to court in New York.\\nRecent Incidents\\nAwareness of the struggles women face in the technology industry increased when news broke about the infamous Google memo. Although the employee who drafted the memo was eventually terminated, it reflected views from 1917 not 2017. It showed that the sexist belief of women lacking the temperament and intelligence for engineering remained strong.\\nEven with that strong statement, the sincerity of Google remains under question. Although it was willing to dismiss an obviously sexist employee, it faces claims of pay discrimination and gender discrimination. To make matters worse, the company refuses to provide income data, saying that the effort is too burdensome.\\nGoogle is not alone in its lack of support. A rather harrowing tale of being a female engineer at Uber also started making viral rounds in February of this year. Not only did that engineer face gender discrimination, but human resources failed to adequately address her claims.\\nSexism in the technology field is becoming well known, but it is not the only offender. Police departments face accusations and there are also trends emerging in other local and state government agencies. Sex discrimination is a society-wide issue and no woman is immune no matter her vocation or profession. Complaints of sexism in the workplace are becoming more common, especially as women realize they do not need to tolerate these conditions.\\nLegal Remedies\\nThe Justice Department recently reduced decision-making power in sex and race discrimination claims, which make immediate solutions from that department appear unlikely. Just as with other developments in the current administration, the corrective power seems to land strongly with local courts.\\nFortunately, lawsuits and class actions are effective in communicating the reality of sexism and encouraging solutions. A notable case from 1996 involved a class-action lawsuit of 23 women against the Smith Barney stock brokerage firm. Sexual discrimination and sexual harassment was the norm and included references to the notorious “Boom Boom Room.” The successful result encouraged Wall Street firms to change their practices. It now appears that the tech industry will be facing similar challenges which forced the finance industry to address gender discrimination and hostile work environment claims.\\nWere You a Victim of Sex Discrimination in the Workplace?\\nWhether you work in the tech industry or anywhere else, you cannot rely on your employer to be self-corrective. Indeed, the most effective way to address gender discrimination in New York is through litigation and that starts with hiring an experienced sex discrimination attorney.\\nIf you face this unfortunate development in your workplace, the Working Solutions Law Firm is here to assist you. Contact us online today or call (646) 430-7930 to schedule a consultation.","excerpt":"<p>There appears to be a new era of sex discrimination in the workplace. There is an increase of incident reporting and this is especially apparent in the technology industry where women’s struggles are well-known.  The legal system, or confidential legal settlement discussions, offer the best option for women facing discrimination. Here is how women can&hellip;</p>\\n"},{"id":7299,"path":"/blog/need-know-upcoming-changes-new-yorks-wage-hour-laws","slug":"need-know-upcoming-changes-new-yorks-wage-hour-laws","modified":"2017-09-05T08:00:36","title":"What You Need to Know About Upcoming Changes to New York’s Wage and Hour Laws","content":"In New York, most workers who earn minimum wage are currently making $9.70 per hour. There are exceptions, such as a $10.75 per hour minimum wage for workers who earn tips, and an $11 per hour minimum wage for non-tipped employees of large employers in New York City. However, beginning in December 2017 and through December of 2020, New York minimum wage laws are changing.\\nIncreases Mandated by Law\\nNew Yorks minimum wage laws were increased by the 2016-2017 budget signed into law by Governor Andrew Cuomo. Beginning in December 2017, workers in all fields will be entitled to gradual increases in pay. Overall, this impacts 2.3 million workers across the state of New York. The current plan is:\\n\\nNew York City Employees – for employees of businesses with at least 11 employees, minimum wage will be $11 at the end of 2016 and increase $2 per year. By December 31, 2018 these employees will be earning $15 per hour. Small businesses will increase pay $1.50 per year and workers will be earning $15 per hour by December 31, 2019.\\nCertain County Level Employees – currently, employees in Nassau, Suffolk, and Westchester county are earning $10.00 per hour. This will increase $1 per hour until December 31, 2021.\\nAll Other Employees – other workers who are subject to $9.70 minimum wage as of December 31, 2016 will receive an annual increase of $.70 per hour. These workers will earn $12.50 per hour by December 31, 2020. At that time, there will be a separate schedule for increases which will be determined later.\\n\\nWhen Employers Violate the Law\\nAs an employee, you may feel that you have no options if your employer does not follow through on scheduled minimum wage increases. However, you have the right to earn the minimum wage and if your employer fails to increase your pay, you should discuss the matter with an employment law attorney. In many cases, an attorney can ensure that you get the appropriate hourly raise, as well as help you collect back wages that the employer did not pay.\\nRemember, your employer must also pay you overtime pay if you work more than 40 hours in a week. This means if they have not increased your pay in line with the state changes, they may also owe you additional overtime pay. Any refusal to pay minimum wage or overtime, is a violation of the states wage and overtime laws, and may violate federal wage and hour laws as well.\\nHiring a New York Wage and Hour Attorney\\nIf your employer is not following New York wage and hour laws, it’s critical that you reach out for experienced legal help. You have the legal right to be paid the minimum wage and, in certain circumstances, to collect overtime pay at time-and-a-half. At The Working Solutions Law Firm, we can help put pressure on your employer to abide by New York State and federal wage and hour laws. Contact us today for a consultation by calling (646) 430-7930.","excerpt":"<p>In New York, most workers who earn minimum wage are currently making $9.70 per hour. There are exceptions, such as a $10.75 per hour minimum wage for workers who earn tips, and an $11 per hour minimum wage for non-tipped employees of large employers in New York City. However, beginning in December 2017 and through&hellip;</p>\\n"},{"id":7297,"path":"/blog/retaliation-looks-like","slug":"retaliation-looks-like","modified":"2017-08-29T08:00:25","title":"What Retaliation Looks Like","content":"There are numerous laws governing an employer’s actions in the workplace. From laws against sexual harassment and discrimination to laws that govern fair wages and workplace safety, employers must maintain compliance if they wish to avoid legal action and fines.\\nHowever, if an employer does violate these laws and an employee reports the issue many employers may be tempted to “punish” or “penalize” the employee in some way. This may constitute retaliation, and both federal and New York State laws protect employees against retaliation by their employers. This means that if you report your employer for a violation of state or federal workplace laws, it is illegal for your employer to try to “even the score” or get back at you. Here’s what retaliation might look like in the workplace and what you can do if you believe your employer has retaliated against you.\\nWhat Retaliation Is Not\\nFirst, let’s take a look at what isn’t likely to be considered retaliation:\\n\\nYou report your employer for sexual harassment and they become unfriendly or more cool and professional toward you.\\nYou report your company for an FMLA violation and are laid off; however, the company already planned to lay off a number of employees in an attempt to reduce overhead costs.\\nYou were transferred to a different department after making a complaint, but the supervisor who transferred you had no knowledge of the complaint.\\n\\nWhat Retaliation Is\\nNow, let’s take a look at what may be considered retaliation:\\n\\nYou make a complaint against your employer and after learning of the complaint:\\n\\nYour employer fires you;\\nYour employer passes you over for job promotions or training opportunities;\\nYour employer verbally attacks or abuses you for making the complaint;\\nOther employees or supervisors begin to abuse you or treat you differently;\\nYour employer cuts your pay after the complaint, even though no company cuts were planned in advance;\\nYour employer changes your shift to something less desirable, knowing it would be detrimental to you, g., switching a single mother to the night shift;\\nYour employer demotes you and/or moves you to a different department with fewer opportunities for job growth;\\nYour employer or co-workers harass you online; or\\nYour employer or co-workers damage or steal your property.\\n\\n\\n\\nMany actions or chain of events can be considered retaliatory – there’s no one set list of behaviors that meet the legal definition. However, certain criteria are required for unlawful retaliation to be deemed to have taken place, including: a protected act (such as making a specific complaint that reports your employer for violations of an employment law, or the rejection of a sexual advance), a direct and harmful action against you by your employer, and, finally, a causal link between your action and your employer’s reaction (such as a short time period between your complaint and any negative action by your employer).\\nIf you believe you may have been the victim of retaliation by your employer, don’t wait to get legal help. Contact The Working Solutions Law Firm, PLLC today to find out what your legal rights are at (646) 430-7930.","excerpt":"<p>There are numerous laws governing an employer’s actions in the workplace. From laws against sexual harassment and discrimination to laws that govern fair wages and workplace safety, employers must maintain compliance if they wish to avoid legal action and fines. However, if an employer does violate these laws and an employee reports the issue many&hellip;</p>\\n"},{"id":7295,"path":"/blog/can-file-claim-unpaid-wages-new-york-state","slug":"can-file-claim-unpaid-wages-new-york-state","modified":"2017-08-22T08:00:01","title":"Can I File a Claim for Unpaid Wages in New York State?","content":"Most workers in New York are offered protections for unpaid wage claims. If you believe your employer is not paying you properly, you may file a claim for unpaid wages. Employers are required to pay most workers at least minimum wage. In New York, minimum wage for most employees of employers with fewer than 11 employees is $10.50 per hour; those employers who have more than 11 employees should be paying a minimum wage of $11.00 per hour.\\nFast food workers and others tipped employees are an exception to the minimum wage for other employees, as are independent contractors. When employers fail to abide by minimum wage laws, you may need to know what information is necessary to file a claim for unpaid wages in New York.\\nGathering Information for a Claim\\nThe New York Department of Labor can help investigate unpaid wage claims. Before you file a claim, you must have contacted the employer to request your wages. If the employer does not respond, you may then file a claim using a form which may be obtained from the department. The claim form requires you to provide certain information and contains some important caveats.\\nFor example, administrative employees, and those who are considered management level employees who are earning more than $900 gross per week are not offered any protections. The following information must be provided to the Department of Labor:\\n\\nPersonal Information — you will be required to provide your name, address, contact information, and social security number. This is the information the department will use to verify and track your claim.\\nEmployer Information — the name, address, telephone number, and contact person for the employer will also be required. You will also be asked to provide the name of the person you reported to, and who was responsible for your hiring.\\nJob Information — employees who are filing an unpaid wage claim will also be required to provide the position they held at the company, agreed upon wages, whether they are still employed with the company, and their dates of employment. Employees who are part of a union will also be asked if they sought help from their union.\\nWage Information — when filing an unpaid wage claim, you will have to provide detailed information about the wages you are claiming. The form provides a specific format for calculating wages you may be owed from a New York employer.\\n\\nBefore filing an unpaid wage claim with the Department of Labor, you must have approached your employer and advised them that you believe your pay was inaccurate. In most cases, this is when you should start working with an attorney who has experience handling wage claims.\\nThe reason you should speak with an attorney is to ensure you are not jeopardizing your claim. In some cases, your employer may unlawfully retaliate and fire you from your job if you begin questioning your wages; they may be less likely to do so if you have hired an attorney. Contact The Working Solutions Law Firm, PLLC for help with a New York unpaid wage claim by calling (646) 430-7930; we are committed to ensuring you are being paid properly by your employer.","excerpt":"<p>Most workers in New York are offered protections for unpaid wage claims. If you believe your employer is not paying you properly, you may file a claim for unpaid wages. Employers are required to pay most workers at least minimum wage. In New York, minimum wage for most employees of employers with fewer than 11&hellip;</p>\\n"},{"id":7293,"path":"/blog/bound-non-compete-agreement","slug":"bound-non-compete-agreement","modified":"2017-08-15T08:00:36","title":"Are You Bound by a Non-Compete Agreement?","content":"Most people never give a second thought to changing jobs. However, if you are working for any company located in New York, you may have signed a non-compete agreement. Under New York law, non-compete agreements are fully enforceable; however, in some instances, employers may be abusing the use of these agreements.\\nUnderstanding Non-Compete Agreements\\nIn some instances, an employee who has access to trade secrets, client lists, or the future marketing plans of a company may be asked to sign a non-compete agreement. According to the U.S. Treasury, more than 18 million workers across the United States are subject to restrictive clauses that may limit their ability to remain in their industry after changing jobs.\\nThe problem with these agreements is they often contain clauses that prevent an employee from seeking employment not only with local competitors, but with nationwide competitors. This can mean anyone who is bound by a non-compete agreement cannot find other employment in the field, regardless of changes in their lives, poor work conditions, or even when a company closes its doors.\\nChanges in New York\\nWhile fully enforceable under law, New York non-compete agreements are being viewed in a new light. This is primarily because employers are becoming far more likely to ask all employees to sign these documents. Because of the onerous nature of some of the clauses, New York Attorney General Eric Schneiderman has been clamping down on employers who force all employees, regardless of their company position, to sign non-compete agreements. Today, New York courts consider the following when deciding whether to enforce a non-compete:\\n\\nNew York non-compete agreements may be requested from sales, management or executive employees with access to certain company information. This may include company trade secrets, customer lists, or customer good will. Employees who may be developing software, or others providing unique services, may also be asked to sign a non-compete agreement.\\n\\n\\nNew York employers who ask a potential employee to sign a non-compete agreement must be able to demonstrate, to the satisfaction of the court if necessary, that they have a legitimate business interest in enforcing the agreement.\\n\\n\\nFinally, any New York employer who requests an employee sign a non-compete agreement must limit the length of time, and the geographical scope of enforcement of the agreement.\\n\\nContact an Attorney for Help\\nWhile these restrictions offer protections for new employees, those employees who are currently in positions where they were presented with a non-compete agreement on their first day of work may not know how these recent changes impact them. If you are employed in New York State, are considering leaving your current job, and you know you have signed a non-compete agreement, you should meet with an employment attorney to have the agreement reviewed. In many places, thanks to the new guidance offered by the Attorney General, you may be released from onerous clauses.\\nAttorney Christopher Q. Davis has the skills and knowledge to help employees fight back against non-compete agreements and move forward in their careers. Contact the Working Solutions Law Firm today to learn more by calling (646) 430-7930.","excerpt":"<p>Most people never give a second thought to changing jobs. However, if you are working for any company located in New York, you may have signed a non-compete agreement. Under New York law, non-compete agreements are fully enforceable; however, in some instances, employers may be abusing the use of these agreements. Understanding Non-Compete Agreements In&hellip;</p>\\n"},{"id":7290,"path":"/blog/uber-class-achieves-small-victory-misclassified-gig-economy","slug":"uber-class-achieves-small-victory-misclassified-gig-economy","modified":"2017-08-04T20:15:53","title":"Uber Class Achieves Small Victory for Misclassified Gig Economy","content":"Last month, a North Carolina federal court gave conditional certification to a class-action lawsuit brought against Uber by several of its drivers under the Fair Labor Standards Act (FLSA). Now, plaintiffs in the case can seek out other drivers who feel they have been wronged by the company and who have opted out of their arbitration agreement with Uber to join the class, giving the plaintiffs 18,000 drivers, and potential recruits, to choose from. Paul B. Maslo, an attorney for the plaintiffs, heralded this decision and claimed it now enables Uber drivers around the country to “band together to challenge Uber’s misclassification” of the drivers.\\nSince Uber’s inception nearly a decade ago, the classification of its drivers has been a contentious issue, as both drivers and corporate officers hold differing views on how the drivers should be classified. Some drivers, feeling suffocated by the company’s policies and regulations without the benefits of employee status, believe they should be resclassified as employees, while Uber sees the drivers as outsourced independent contractors providing services to the company without substantial oversight. The suit is the result of years of discord and strife finally coming to a head for both drivers and executives in the company.\\nWhile this grant of conditional certification is certainly a step in the right direction for Uber drivers, they still have a long way to go in their quest for accurate classification. The North Carolina federal court noted that the class’ requirements for conditional certification were “modest,” signifying that the class still has their work cut out for them. Yet the plaintiffs saw the silver lining in this ruling, as Maslo remarked that the court could have been more restrictive if they chose to, for example, limit the amount of drivers in the class to include only drivers from California. Thus, the court’s decision to widen the scope of potential class members is viewed with optimism by the plaintiffs. \\nHowever, Uber is not giving up hope, and the ride-sharing giant hopes to decertify the suit by enforcing an arbitration clause that requires workers to bring disputes in arbitration and not in court, and only in single-plaintiff actions, not as a class. This is a tactic that has been used by companies ranging from small start-ups to retail mainstays like Kmart and Sears and has derailed dozens of potential class actions. Keeping an eye on this case is important, as it may shed some light on the increasingly relevant issue of the misclassification of workers in the gig economy.","excerpt":"<p>Last month, a North Carolina federal court gave conditional certification to a class-action lawsuit brought against Uber by several of its drivers under the Fair Labor Standards Act (FLSA). Now, plaintiffs in the case can seek out other drivers who feel they have been wronged by the company and who have opted out of their&hellip;</p>\\n"},{"id":7288,"path":"/blog/google-guilty-pay-discrimination","slug":"google-guilty-pay-discrimination","modified":"2017-08-04T20:09:11","title":"Is Google Guilty of Pay Discrimination?","content":"Where the Department of Labor Stands\\nAs part of an ongoing investigation, the United States Department of Labor believes extensive data exists that shows women at Google face “systematic compensation disparities” compared to their male counterparts. \\nAs is the case with many Silicon Valley companies, Google is very wary of disseminating internal data of any kind. Yet from the data the Department of Labor has been able to receive, top officials within the Department concluded that pay discrimination against women at Google certainly exists. According to DOL regional director Janette Wipper, this pay discrimination is rampant and is seen “pretty much across the entire workforce.” Despite the investigation not being fully complete, DOL regional solicitor Janet Herold says “compelling evidence” exists to prove the DOL’s findings. \\nAs a federal contractor to the United States, Google is required to make their information known to the Labor Department, but up to this point, they have denied to do so. Withholding information from an investigation has led the Labor Department to believe that Google has something to hide, and in turn has heightened the desire within the Department to uncover the truth at Google. \\nAccording to Herold, the DOL wants to obtain more information get to the bottom of the situation and, more importantly, ensure that their assertions are factual, which would make the situation definitively “troubling” for Google.\\nWhere Google Stands\\nGoogle “vehemently disagrees” with Wipper’s claim that pay discrimination exists within the company. Google’s VP of people operations contended that the company uses an “extremely scientific and robust” system to calculate employee wages. This system quantifies certain factors such as an employee’s role, job level, job location as well as current and recent performance ratings, but the system is “blind” to gender. \\nMaking its methodology known to the public has, in the eyes of many executives at Google, improved their transparency and has led them to believe the Department of Labor, not themselves, is the party guilty of withholding information.\\nGoogle believes its Fourth Amendment rights have been violated throughout the investigation and contend that the investigation by the DOL could be classified as an “unreasonable search.” According to an unnamed executive, Google has given the Labor Department plenty of data, almost to a “privacy-infringing extent.” \\nSilicon Valley in Trouble\\nGoogle is just one of several Silicon Valley tech giants that have been under recent investigation for discriminatory or inappropriate business practices. Uber has made national news over the past few weeks for their rampant discriminatory practices within their company. In light of a recent investigation into the company, CEO Travis Kalanick has stepped down from his post and, in addition, 20 high-ranking employees have been terminated.\\nThe Department of Labor has also been embroiled in a legal battle with Oracle, who they claim have had a history of discriminatory pay practices as well, paying their white male employees more than their non-white and female employees.\\nAdding Google into this mix does little to refute the longstanding belief that Silicon Valley is known for its discriminatory employment practices that put women, minorities, and older members of the workforce at a disadvantage. Given this track record of tech companies treating their employees in a substandard manner, it will be interesting to see how the Google pay discrimination saga plays out.","excerpt":"<p>Where the Department of Labor Stands As part of an ongoing investigation, the United States Department of Labor believes extensive data exists that shows women at Google face “systematic compensation disparities” compared to their male counterparts. As is the case with many Silicon Valley companies, Google is very wary of disseminating internal data of any&hellip;</p>\\n"},{"id":7285,"path":"/blog/employee-independent-contractor-avoid-misclassification-gig-economy","slug":"employee-independent-contractor-avoid-misclassification-gig-economy","modified":"2017-08-04T19:49:15","title":"Employee or Independent Contractor? How to Avoid Misclassification in the Gig Economy","content":"In today’s labor market, where short-term contracts and freelance work are far more common than in the past, the correct classification of workers is crucial in determining whether or not a worker will receive benefits normally provided to employees. At the same time, in an effort to save on labor costs in a tough economy, employers are increasingly misclassifying employees as independent contractors, as doing so would save the company a great deal of money in benefits, overtime wages, and taxes.\\nImportantly, it does not matter if your company or job description defines your employment as 1099 contractor or temporary hire. The law says that the realities of your work arrangement will be used to judge whether or not you are a W2 employee or a 1099 contractor, and not your title, job description, or your company’s self-serving explanations.\\nThe stakes can be very high. For example, if each employee of a company is responsible for paying 15% of their income for Social Security and Medicare taxes, the individual employee would provide 7.5% of their income while their employer would match it for a total of 15%. Yet if a worker is instead misclassified as an independent contractor, the worker is solely responsible for the 15% tax, in addition to missing out on any additional legal protections and benefits granted to employees, including overtime pay, workers’ compensation insurance, and unemployment insurance. Considering a situation like this, it is important to discover if you are truly an independent contractor or if you are an employee who is being misclassified.\\nHow Can You Tell If You Are Misclassified?\\nAccording to the many of the IRS’s standards for employees, here are a few ways to discover if you are an employee rather than an independent contractor:\\n-You work under someone else\\n-You are paid hourly\\n-You work at your employer’s address\\n-You have your own desk or work station\\n-You have set hours\\n-You use your employer’s tools, computers or other equipment\\n-You meet with clients on behalf of your employer\\n-You perform a service that is an integral part of the employer’s business\\nHowever, you may be considered an independent contractor if:\\n-You are responsible for setting your own hours\\n-You do not work under anyone else, but you can receive guidance from someone else\\n-You work from a location of your choosing\\n-You use your own tools, computers or other equipment\\nThe law surrounding this issue is not so black and white, so here is some more information from the US Department of Labor regarding the intricacies of this issue:\\n-You are not an independent contractor under the Fair Labor Standards Act (FLSA) simply because you work offsite or from home with some flexibility over work hours\\n-Whether you are paid by cash or by check, on the books or off, you may still be an employee under the FLSA\\n-Signing an independent contractor agreement does not make you an independent contractor under the FLSA\\nA Case of Misclassification\\nRecently, several Uber drivers have filed a class action suit against the popular ride-sharing service for misclassifying the drivers as independent contractors. The drivers believe themselves to be classified as employees, and thus are owed reimbursement for out of pocket expenses like gas and vehicle maintenance. One plaintiffs’ attorney for the class action suit remarked that for many workers, driving for Uber is their “livelihood” and that they should be granted the same employee privileges as “everyone else.” Notably, Uber drivers must abide by Company regulations and standards of conduct, as is the case with most employees. \\nHowever, as the company argues drivers benefit from certain aspects of contractor status. Part of what makes working for Uber appealing to many is the ability to make your own hours and to “be your own boss.” Classifying workers as employees might strip drivers of this luxury.\\nHow to Handle Misclassification\\nEach potential misclassification issue is fact and state specific. New York independent contractors will be subject to different standards than New Jersey. So speaking with an expert is important. Continuing your position as a misclassified worker can have disastrous effects, as you are subject to miss out on important benefits and may be forced to shoulder a tax burden that should be shared with your employer. If you suspect you may be misclassified by your employer, familiarize yourself with your rights under the Fair Labor Standards Act or contact an attorney who can assist you in this task. The Law Office of Christopher Davis is happy to assist in this matter as well as all other employment law matters. Contact us today at (646) 430-7930.","excerpt":"<p>In today’s labor market, where short-term contracts and freelance work are far more common than in the past, the correct classification of workers is crucial in determining whether or not a worker will receive benefits normally provided to employees. At the same time, in an effort to save on labor costs in a tough economy,&hellip;</p>\\n"},{"id":7282,"path":"/blog/say-goodbye-salary-history-new-bill-combats-gender-pay-gap-nyc","slug":"say-goodbye-salary-history-new-bill-combats-gender-pay-gap-nyc","modified":"2017-08-01T14:16:54","title":"Say Goodbye to Salary History: New Bill Combats Gender Pay Gap in NYC","content":"New York City took a bite out of the gender pay gap this year by dismantling a destructive employment practice that encourages pay disparities between men and women. Mayor Bill de Blasio took a crucial step in doing this in May when he signed a new bill that makes it unlawful for an employer to ask an applicant what he or she makes or has made at a prior position. This action, according to de Blasio, “fixes a broken history” that has “held people back” in the past.\\nThe new law addresses the issue of unequal pay by requiring New York City employers to alter their hiring practices and create salaries for prospective employees that more adequately reflect their skill rather than what they were paid in the past.\\nHistorically, women were given a salary that was commensurate with the position they held and compensation they received in the past, which was more than likely reflective of their gender, and therefore, less than a male colleague. Employers at different companies used this practice when hiring women, who continued to receive salaries that were not equal to what they were owed.\\nThis law comes at a time when companies, including Silicon Valley tech giants like Google, are under fire for their unfair and sexist payment practices. Currently, Google is facing an investigation by the Department of Labor for their discriminatory pay practices that have “systematically” compensated women at a lesser rate than male employees.\\nThere is no telling how widely this law will influence larger policy goals on a national scale, but since this bill significantly changes the hiring practices of one of the largest labor markets in the country, the belief is that other states, cities and industries will follow suit. With this new law, New York City joins Massachusetts and Philadelphia, who have already implemented similar laws that prohibit employer inquiries about salary history. The bill takes effect October 2017, but keeping an eye out for unfair hiring practices is the first step to combatting the gender pay gap in the meantime. If you suspect you are a victim of wage discrimination based on gender, the Working Solutions Law Firm can assist you in your fight for equal pay. Contact us today at (646) 430-7930.","excerpt":"<p>New York City took a bite out of the gender pay gap this year by dismantling a destructive employment practice that encourages pay disparities between men and women. Mayor Bill de Blasio took a crucial step in doing this in May when he signed a new bill that makes it unlawful for an employer to&hellip;</p>\\n"},{"id":7280,"path":"/blog/new-blood-vs-new-face-subtle-language-age-discrimination","slug":"new-blood-vs-new-face-subtle-language-age-discrimination","modified":"2017-07-24T14:19:49","title":"New Blood vs. New Face: The Subtle Language of Age Discrimination","content":"The Rise of Age Discrimination\\nAccording to recent news articles, age discrimination is on the rise. While there are many reasons for this, our practice has noted a certain “perfect storm” of market factors contributing to this trend. With many middle-aged Americans facing greater financial uncertainty in retirement, the need to receive a paycheck past the normal age of retirement is becoming necessary to make ends meet.\\nYet in the present labor market, where tech-savviness is valued and age is seen as a liability, older members of the workforce are fighting an uphill battle. Some industries, like the financial sector, see age as an advantage, indicative of maturity and wisdom. However, for the vast majority of fields, younger employees are seen as more adaptable, energetic, and teachable.\\nCommon Signs of Age Discrimination\\nWhen a company chooses someone to fill a position or receive a promotion, a younger employee may be selected over an older and more experienced one, thereby raising questions of age discrimination. In such a scenario, the language used by the employer when breaking the news to the older employee is crucial in differentiating an unlawful situation from simply an unfortunate one. The path leading up to the older employee’s termination is usually set in motion months beforehand, and one of the most effective ways for an employer to discredit an employee’s age discrimination claim is to contend that the employee was fired on the grounds of poor performance. Therefore, employers or supervisors will more often than not find pretextual performance problems to pin on the older employee while complimenting the more youthful one.\\nHowever, the true test of whether or not the firing of an older employee is an example of discrimination often lies in the language used when terminating the employee. Employers will often justify their decision by explaining to the older employee that the company hoped to find some “new blood” or someone that could bring “energy” to the company. Such phrases can create doubt for a judge or jury about the legitimacy of the termination, and usually signify age discrimination. What makes these cases so tricky, though, is that very similar phrases can be used by employers without being interpreted as discriminatory.\\nAge Discrimination is Difficult to Spot\\nSixty-one year old James Aulick, an information technology professional for Skybridge Americas, Inc., was fired recently due to his poor performance with the company. Aulick was also passed over for several promotions in the past, despite being told that he had the “inside track” to a promotion in early 2013. When Aulick was told that he was being terminated by Skybridge, the reason given was that upper management wanted a “new face” in the company.\\nAulick believed he had been fired on the basis of ageism, and at first look, his claim sounded reasonable. Two other Skybridge employees over the age of sixty had been terminated at the same time as Aulick, and the company once replaced a 70-year old employee with one over 20 years younger in the past. Coupled with the comment made by upper management in wanting a “new face” for the company, Aulick’s argument seemed convincing. Yet what distinguishes this comment from a similar one, like “new blood,” is the fact that wanting “new blood” for a company implies youthful energy that can only be achieved through hiring a younger employee, while a “new face” implies the need for change, not necessarily on the basis of age. As such, the court did not find an inference of discrimination in the comment or the termination.\\nHow to Fight Age Discrimination\\nMaintaining your status as an older employee in a labor market that emphasizes youth can be difficult, but New York employees who choose to educate themselves about the subtle differences in the employment law of age discrimination will better protect themselves. Understanding signs of age-related bias, like excessive criticism for older employees on a performance review, the firing of several older employees at once or the articulation of specific age-related stereotypes by a boss or supervisor can be examples of age discrimination in the workplace. Consulting a lawyer to help with your situation is a key step in discovering whether or not you are a victim of age discrimination in your work place. The Working Solutions Law Firm is happy to assist you in this situation, as well as all other employment matters. Call us today at (646) 430-7930.","excerpt":"<p>The Rise of Age Discrimination According to recent news articles, age discrimination is on the rise. While there are many reasons for this, our practice has noted a certain “perfect storm” of market factors contributing to this trend. With many middle-aged Americans facing greater financial uncertainty in retirement, the need to receive a paycheck past&hellip;</p>\\n"},{"id":7277,"path":"/blog/queens-handyman-seeking-quarter-million-dollars-new-york-unpaid-wage-dispute","slug":"queens-handyman-seeking-quarter-million-dollars-new-york-unpaid-wage-dispute","modified":"2017-07-10T10:00:07","title":"Queens Handyman Seeking a Quarter of a Million Dollars in New York Unpaid Wage Dispute","content":"The unfortunate problem of unpaid wages affects many New York workers today. This problem is one that a team of handymen from Queens decided they’ve had enough of. George Fan of K. Peng Realty Corp. is facing a New York unpaid wage dispute for nearly a quarter of a million dollars for refusal to pay wages to a father and son who worked for 35 years and six years without pay, respectively.\\nFather-Son Handyman Team Remained Unpaid for 35 Years\\nVictor Polanco was hired by George Fan in 2010 and fired in 2016. For those six years, Victor claims he was unpaid by Fan and is seeking $73,569.64 in wages. Victor’s father, Luis Polanco, claims that he remained unpaid by Fan for his work for a staggering 35 years and is seeking $213,250.77.\\nFan has attempted to defend the company for not paying their employees fairly. He states that their compensation was living rent-free in the apartment complex and that their work was of poor quality. However, Fan’s clear admittance to not paying the handymen the proper wages as required by New York law does not help his defense. The case will be heard this month and a Queens judge will determine whether or not Fan and Peng Realty Corp. will be ordered to pay what is owed to the handymen.\\nCould the Queens Handymen Receive Half a Million Dollars or More?\\nAccording to the New York State Department of Labor, taking action to recover unpaid wages could result in the employer also being mandated to pay an additional fee of up to 100% of the claim in liquidated damages. This means that the court could potentially decide that the handymen be awarded double their unpaid wages, totaling a final award of over half a million dollars.\\nDo You Have a New York Unpaid Wage Claim?\\nIf you were employed in the state of New York and your employer did not pay you at least minimum wage according to state law or did not pay you the amount agreed upon in your employment contract, you may have an unpaid wage claim.\\nAt the Working Solutions Law Firm, we have significant experience working with clients who were paid unfairly in their jobs. We have recovered hundreds of thousands of dollars in unpaid wages for our clients. We can evaluate your case and help you recover the wages that you earned during your employment and are rightfully owed to you.\\nContact us today for a consultation by calling (646) 430-7930.","excerpt":"<p>The unfortunate problem of unpaid wages affects many New York workers today. This problem is one that a team of handymen from Queens decided they’ve had enough of. George Fan of K. Peng Realty Corp. is facing a New York unpaid wage dispute for nearly a quarter of a million dollars for refusal to pay&hellip;</p>\\n"},{"id":7275,"path":"/blog/can-negotiate-new-york-severance-agreement","slug":"can-negotiate-new-york-severance-agreement","modified":"2023-03-14T14:28:59","title":"What Can You Negotiate in a New York Severance Agreement?","content":"When terminated from a job in New York, a severance agreement may be offered. While a severance package may look great at first, it’s important to critically review the document before signing. You may be able to negotiate better terms to help bridge the gap as you search for another job. Here are a few of the most crucial things to consider negotiating in a New York severance agreement.\\nHow Much Your Severance Pay Will Be\\nThe most significant of all terms in a severance agreement is how much pay you will receive. Severance pay is meant to help you make ends meet while you look for other employment, but it’s important to ensure that the amount offered is enough. When considering the optimal dollar amount, estimate how long it will take you to become employed again or receive additional training. Use that estimate to negotiate higher severance pay with your employer.\\nHowever, while most employers evaluate the value of severance based on a formula, employees who have legal claims often are able to negotiate for added amounts above the standard formula in exchange for agreeing not to sue their employer. Employers often evaluate the value of a legal claim based on whether or not the employee has retained counsel.\\nIf and How Your Health Insurance Will Continue\\nHealth care is another top issue that should be addressed in a severance package. Often, employees receive COBRA benefits for a period of time after their employment ends. Ask your employer if you are eligible for COBRA benefits and for how long you will be covered while look for other work. Since many jobs have a waiting period before you become eligible for health insurance, it’s important that COBRA benefits extend through that time as well.\\nYou are legally entitled to a notice which explains your rights at the time of termination. Ask your employer for your COBRA notice and review your options with your lawyer.&nbsp; Many separated employees are often surprised at the price tag for COBRA continuation insurance, and it helps to have a plan in place for discussing managing those payments – or possibly negotiating for reimbursement of them – with your former employer.\\nThe Return of Your Property\\nYou’ll want to ensure that your New York severance agreement addresses the return of your personal property upon the termination of your employment. Additionally, you could negotiate keeping any personal property that was paid for by the company, such as a laptop, cell phone, or other electronic equipment.\\nDiscussing Non-compete, Non-solicit, or Intellectual Property Agreements\\nMany employees sign offer letters or employment contracts at the start of their employment which identify obligations they must abide by after they have left their employment.&nbsp; Regardless of how you are separated, you may have obligations originating from your offer letter or original employment contract which continue even after you leave your employer.&nbsp; Common examples of those types of agreements including agreements not to compete with competitors, agreements not to solicit clients or employees, and intellectual property agreements which, more often than not, vest the employer with full ownership rights in any inventions, client lists, or other proprietary or original data or information created or obtained during employment.\\nMake sure you review these agreements and discuss them with your employment lawyer – do you have new employment, and is there a chance you may violate one or more of these agreements?&nbsp; If so, you may need to include elimination of these obligations in your severance negotiation.&nbsp; And a word to the wise – sometimes employees simply ignore these obligations in their severance negotiation, certain that their employer will never attempt to enforce them.&nbsp; You do so at your peril. If your new employer is sued for your mistakes, you will be in a very precarious situation.\\nOutplacement Services\\nFind out if your employer is willing to help you with outplacement services. Responsible organizations often offer outplacement services that are designed to ease your transition from one job to the next. If your employer offers outplacement services, negotiate their inclusion into your severance agreement. &nbsp;However, if you determine that outplacement services are not needed, and if those services have been offered, a common “ask” is to request that the company pay you the cash value of those services in lieu of enrolling you.&nbsp;&nbsp;\\nTaxes and Impact on Unemployment Benefits\\nSeverance payments are taxable income to the employee, and so it is important that you bring your severance agreement to your accountant for his or her review.&nbsp; Depending on how your severance payments are constructed, your severance payments may nor may not be treated as wage income.&nbsp; Also, in New York State, your unemployment benefits (assuming eligibility) may be impacted by the type of severance you receive.&nbsp; Lump sum severance payments are treated differently for the sake of unemployment insurance eligibility than “salary continuation” payments.&nbsp; Your accountant and employment attorney can assist you with this evaluation.\\nIt is never wise to sign off on a severance agreement without first discussing it with a lawyer. At the Working Solutions Law Firm, we can help you negotiate a severance package that affords you exactly what you need to transition from your current employment to a new job. Contact us today for a free case consultation to discuss your needs in detail by calling (646) 430-7930.","excerpt":"<p>When terminated from a job in New York, a severance agreement may be offered. While a severance package may look great at first, it’s important to critically review the document before signing. You may be able to negotiate better terms to help bridge the gap as you search for another job. Here are a few&hellip;</p>\\n"},{"id":7237,"path":"/blog/punished-pregnancy-unique-form-workplace-discrimination","slug":"punished-pregnancy-unique-form-workplace-discrimination","modified":"2017-06-19T18:57:43","title":"Punished for a Pregnancy: A Unique Form of Workplace Discrimination","content":"Pregnancy discrimination is a particularly dangerous form of sexism in the workplace given how much pressure exists on working women to work increasingly longer hours, particularly in the financial industry and tech industry. For pregnant women in these and other industries, while opportunities exist for women to take more leave when they become pregnant, discrimination often lurks upon their return.\\nSince men often do not need as much leave as women, they have more opportunity to advance to higher positions within a company. Treating pregnant women according to different performance, compensation and workplace standards can lead to discrimination claims, even if a company is providing more opportunity or accommodation than it thinks it has to under the law.\\nDiscrimination in the Retail Sector\\nAt the retail level, Walmart has been found guilty of discriminating against pregnant workers, treating them, as one employee stated, like “second-class citizens.” Two pregnant employees filed a class action lawsuit earlier last month, claiming that Walmart makes on-the-job concessions to many non-pregnant disabled workers, yet fails to extend those same accommodations to pregnant workers.\\nAmong these accommodations are breaks from heavy lifting or physically taxing work. After one pregnant employee requested a break from heavy lifting during her pregnancy, she was told that being pregnant was “no excuse” for being exempt from her normal duties as a bakery and deli clerk at a Florida Walmart. As a result, she was sent after suffering an injury while lifting a 35 pound tray of rotisserie chicken. The worker was ultimately let go following her pregnancy.\\nIn another instance, a pregnant woman was forced to take 2 months of unpaid leave during her pregnancy following a request to not climb ladders during her shifts. After returning from her pregnancy, she was reinstated to a position in which she was paid two dollars less hourly than the position she held before becoming pregnant.\\nNew York Pregnancy Laws: Know Your Rights\\nIn order to avoid a similar situation, it is crucial to understand the laws surrounding what your employer can and cannot do if you are a pregnant worker. Under federal, state and city anti-discrimination laws, New York employers are mandated to make accommodations for pregnant workers experiencing disabling conditions. In order to receive accommodations, pregnant employees are required to provide employers with medical information that verifies the existence of a pregnancy or pregnancy-related condition that requires medical accommodation.\\nDiscrimination due to a pregnancy is not only unethical but unlawful. Having to face pregnancy discrimination from an employer can make you feel frightened and helpless, especially when you are unaware of your rights. An attorney can inform you of the law surrounding pregnancy discrimination help you understand your rights to pregnancy accommodations. The Working Solutions Law Firm is happy to assist you in dealing with your pregnancy discrimination. Contact us today at (646) 430-7930.","excerpt":"<p>Pregnancy discrimination is a particularly dangerous form of sexism in the workplace given how much pressure exists on working women to work increasingly longer hours, particularly in the financial industry and tech industry. For pregnant women in these and other industries, while opportunities exist for women to take more leave when they become pregnant, discrimination&hellip;</p>\\n"},{"id":7230,"path":"/blog/growing-issue-age-discrimination-new-york","slug":"growing-issue-age-discrimination-new-york","modified":"2017-06-06T17:03:43","title":"A Growing Issue: Age Discrimination in New York","content":"Recently, the highest federal appeals court in New York reviewed the age discrimination claim of a human resources worker of the Archdiocese of New York. The worker, Michael Franchino, who was 67 years old at the time of his firing, previously claimed at the trial level that he was a victim of age discrimination in the human resources department of the Archdiocese of New York after he endured years of age-related jokes made by his peers while management stood idly by and allowed the discrimination to continue. Franchino also made the claim that his firing was motivated by his race and gender. The appeals court revived Franchino’s age discrimination claims after they were dismissed by the trial court, stating that an inference of discrimination and bias could be found as a result of the age-related jokes made by peers, and that the inference was sufficient to survive dismissal.\\nThe evidence of discrimination used by Franchino and his attorneys came in the form of age-related teasing and stereotypes, and many cases of age discrimination are similar in this respect. However, many other cases of age discrimination are far more subtle, and involve the promotion of a younger, less-qualified candidate over an older one. It is important to keep an eye out for the signs of age discrimination, especially when age discrimination is on the rise.\\nCelebrating Youth or Outright Discrimination?\\nTech companies in Silicon Valley are facing an increase in age discrimination claims, due to what USA Today calls a “confluence of factors,” as greater numbers of age-protected workers are losing their jobs. These factors include an aging workforce, the rise of mergers that force companies to cut down their payroll, and a rapidly advancing skillset needed to compete in the tech industry.\\nYet even when considering these hurdles, hiring younger people to fill the positions once occupied by veteran employees goes beyond the Silicon Valley goal of “celebrating youth” and often drifts into outright discriminatory hiring practices. As a result, companies such as Facebook, Intel, and Apple have all been sued for age discrimination by terminated employees in recent months.\\nAge Discrimination is Difficult to Spot\\nHad the court not revisited his claim, Michael Franchino would be just another aged member of the workforce who had been let go without so much as a sufficient explanation or justification. Fortunately, Mr. Franchino and his lawyers knew how to spot the signs of age discrimination, but this is not always easy. Age discrimination, more than other forms of discrimination, received great attention in the 1980s and 1990s when companies around the globe downsized older workers in large numbers. As such, companies have experience not only in creating the circumstances that give rise to age discrimination, but in hiding it.\\nThe case of Michael Franchino is symptomatic of a growing issue in New York and around the United States that age discrimination claims are often not discovered or, if discovered, are often dismissed before trial, depriving the plaintiff of their day in court.\\nHow to Find Help\\nCases of age discrimination too often strip people of their livelihoods and make people feel like an item rather than a person. The Working Solutions Law Firm is here to help humanize your situation by making a careful and skilled evaluation to all of your age discrimination concerns. The first step is to ask an attorney knowledgeable in this area of the law to assist you in evaluating your claims. Lawyers often provide this service for free, as does our firm, for the sake of educating the public and determining which clients the firm should retain. Contact a lawyer to discuss, and our law firm is one of many happy to assist. Call us today for a consultation at (646) 430-7930.","excerpt":"<p>Recently, the highest federal appeals court in New York reviewed the age discrimination claim of a human resources worker of the Archdiocese of New York. The worker, Michael Franchino, who was 67 years old at the time of his firing, previously claimed at the trial level that he was a victim of age discrimination in&hellip;</p>\\n"},{"id":7190,"path":"/blog/job-entitled-return-work-fmla-leave","slug":"job-entitled-return-work-fmla-leave","modified":"2017-05-31T10:00:16","title":"What Job Are You Entitled to When You Return to Work After FMLA Leave?","content":"New York employers, like those in every other state in the U.S., are required to uphold the Family and Medical Leave Act. This act allows for employees who are eligible to take unpaid leave for specific reasons – such as a serious illness or having a child – and be certain that they will still have a job when the leave is over. But just what kind of job can you expect to come back to?\\nYou Have the Right to Be Reinstated to Your Former Position or an Equivalent Position\\nIf your FMLA leave was short, you may be able to return to your former position and the FMLA guarantees that if your former position is available, your employer should reinstate you to that position. However, sometimes FMLA leaves are several weeks long and businesses have no choice but to fill the open position to continue operations.\\nIf this is the case, your employer is required to reinstate you to an equivalent position when your old one is no longer available. What exactly defines a position equivalent to your previous one?\\n\\nSame pay and benefits. The new position can only be considered equivalent to your old position if the pay is the same. This includes your base hourly compensation, but also includes commissions, bonuses, benefits, and any other compensation that was available to you in your prior position.\\nSame type of work. The new position must have the same or very similar job duties in order to be “equivalent.” This means that you cannot be asked to perform a job that is outside the scope of work of your previous position, however, an employer must also ensure that the new position is as prestigious as the old.\\nSame location. The new position must be in a location either at the same facility or somewhere close by. The new position cannot be considered equivalent if it is in a facility that is much farther away and requires additional commuting time from the employee.\\nSame schedule. The new position must have the same or similar schedule as the previous position. For example, if a day-shift nurse at a hospital in the Bronx has to take FMLA leave and returns several weeks later, he or she cannot be moved to night shift.\\n\\nWhile some minor differences are allowable under the law simply due to the unpredictable nature of employment, but, generally speaking, if an employer cannot reinstate you to your former position after FMLA leave, and has no legitimate business justification for failing to do so, your new position must be highly similar. An employer, however, does not have an obligation to create a job for you, but they cannot simply take your job away while you are on leave without a good reason.\\nDoes Your New Position Look More Like a Demotion?\\nUnfortunately, many times when employees return to work after FMLA leave, their “equivalent positions” start to look quite a bit like a demotion. The pay may be the same, but a benefit that was previously available may not be, or the hours may be somewhat different.\\nOften, job duties with less prestige are doled out to employees returning from FMLA leave because the employer has already filled their temporarily vacant position, possibly concerned about lost productivity or pending assignments, and maybe there’s not much left to do for the employee coming back. However, this is a clear FMLA violation.\\nHiring a New York FMLA Lawyer\\nIf you suspect that your employer may be violating FMLA laws when reinstating you to your old position or an equivalent position after you return to work from leave, it’s critical that you reach out for experienced legal help.\\nAt the Working Solutions Law Firm, we can help put pressure on your employer to abide by federal FMLA laws and New York State leave laws. Contact us today for a consultation by calling (646) 430-7930.\\n \\n&nbsp;","excerpt":"<p>New York employers, like those in every other state in the U.S., are required to uphold the Family and Medical Leave Act. This act allows for employees who are eligible to take unpaid leave for specific reasons – such as a serious illness or having a child – and be certain that they will still&hellip;</p>\\n"},{"id":7186,"path":"/blog/social-media-can-play-role-sexual-harassment-workplace","slug":"social-media-can-play-role-sexual-harassment-workplace","modified":"2017-05-18T10:00:50","title":"Social Media Can Play a Role in Sexual Harassment in the Workplace","content":"Imagine starting a new job and things seem to be going well. You’re excited about your new opportunity and the future seems brighter and brighter every day. Suddenly, you start getting messages from a co-worker on Facebook. At first, they seem innocuous, but things start heading into uncomfortable territory. You begin getting messages that you’re absolutely certain are sexual harassment, but these messages are being sent to your private social media account after business hours. Do you have any legal recourse? Here’s how social media can play a role in sexual harassment in the workplace.\\nIs More Sexual Harassment Starting to Occur on Social Media?\\nBased on reports in popular articles in the press, social media has increasingly become prime ground for sexual harassment to occur. Coworkers become “Facebook friends” or follow each other on Twitter and things begin to feel more personal than professional. Perpetrators of sexual harassment on social media suggest that social platforms feel more private and many people don’t understand that legally, harassment that occurs on social media outside the workplace between two co-workers or a supervisor and an employee still counts as sexual harassment in the workplace.\\nAs a result, more employees in New York are seeing sexual harassment take place on their private social media platforms instead of inside the building.\\nSexual Harassment Is Increasing in Frequency in Today’s Politically Charged Climate\\nIn today’s politically hostile environment, sexual harassment claims are coming in droves. Trending Twitter hashtags like #sexism and #sexual harassment are coming on the heels of famous right-wing news host Bill O’Reilly being ousted by Fox News after $13 million worth of sexual harassment claims. Popular ride sharing company Uber is also under fire for blatantly ignoring sexual harassment conducted by “top performers” within their organization.\\nWith political leaders condoning actions of sexual harassment on campaign trails and claims of harassment being largely ignored even when brought before company executives, the arena is set for sexually disparaging and violating actions to become commonplace.\\nWhen to Contact an Attorney\\nIf you feel that you’ve been a victim of sexual harassment in the workplace – either within the work environment or by a person you work with on social media – it’s important to contact an attorney who works specifically with these types of cases.\\nWhile social media is currently helping to bring to light many instances of sexual harassment, posting about a case on these platforms can also distort the facts and potentially compromise juries in the event that a claim makes it to litigation. An attorney can help you seek correction of the harassing actions and justice if you suffered damages as a result of the harassment.\\nAttorney Christopher Q. Davis has the skills and resources to help victims of sexual harassment in New York put a stop to it. Contact the Working Solutions Law Firm today to learn more by calling (646) 430-7930.","excerpt":"<p>Imagine starting a new job and things seem to be going well. You’re excited about your new opportunity and the future seems brighter and brighter every day. Suddenly, you start getting messages from a co-worker on Facebook. At first, they seem innocuous, but things start heading into uncomfortable territory. You begin getting messages that you’re&hellip;</p>\\n"},{"id":7183,"path":"/blog/5-severance-agreement-red-flags","slug":"5-severance-agreement-red-flags","modified":"2023-03-14T14:29:05","title":"5 Severance Agreement Red Flags","content":"Severance agreements can be difficult to interpret and when emotions are running high after losing your job, you may not be in the best position to clearly understand everything that is written in the agreement. It’s always in your best interest to work with an New York severance agreement attorney who can review the agreement for potential issues. Here are 5 severance agreement red flags you need to be on the lookout for. &nbsp;\\n  General Release of All Claims&nbsp;\\n\\nOne of the most common clauses included in a New York severance agreement is a “general release of all claims.” Look for a general release at the end of a severance package – it usually starts by saying something like, “You agree to release any and all claims….”&nbsp; Some releases are “limited,” or are for only particular claims, but most are for all possible claims, and you will no longer be able to hold the company responsible for any claim or prior grievance you may have against them.\\nSigning a general release of all claims could prevent you from collecting on workers’ compensation claims or bringing a discrimination claim against your former employer for claims which accrued during your employment i.e. for “past claims,” but you cannot release “future claims,” or claims which arise following your signing of the release.\\n  A Non-Disparagement Agreement That Is Not Mutual\\n\\nAnother common clause included in New York severance agreements that you need to watch out for is a non-disparagement agreement. If you sign, you could be barred from ever speaking “ill” of the company or disparaging them in any way; it sounds simple enough, but the definition of “disparagement” is largely a subjective one. If asked to sign a non-disparagement agreement, it’s important that you work with a severance agreement lawyer to ensure it is mutual versus one sided.&nbsp;\\n  A Lack of References\\n\\nMany New York employers will offer to provide references in a severance pay agreement. Naturally, this can be helpful when you seek out a new job. However, be wary of severance agreements that do not offer to provide references, especially if the company you’re working for is simply reducing their workforce. If you’re getting the pink slip and aren’t being let go for anything you have done, you should be able to secure good references from your former employer.\\n  A Gap in Health Insurance Coverage&nbsp;\\n\\nA significant concern for individuals who have been terminated or let go is the continuance of health coverage. Often, severance agreements in New York will have provisions for “bridge the gap” health insurance, or COBRA. You want to be certain there will be no gap in your insurance coverage and if there is no mention of health insurance continuation or any mention of termination of health insurance immediately, you absolutely do not want to sign until you consult with a lawyer.\\n  A Reason for Termination that Excludes You from Unemployment Benefits\\n\\nTypically, a severance agreement will include the reason for your termination. If possible, the severance agreement should list a reason for termination that will not automatically exclude you from being able to file for unemployment benefits.\\nAny time you are terminated from a position and are offered a severance package, it’s crucial that you speak with a qualified New York severance agreement attorney before signing any documents. A lawyer can review the agreement to ensure that every point is in your best interests. Contact the Working Solutions Law Firm today to learn more by calling (646) 430-7930.","excerpt":"<p>Severance agreements can be difficult to interpret and when emotions are running high after losing your job, you may not be in the best position to clearly understand everything that is written in the agreement. It’s always in your best interest to work with an New York severance agreement attorney who can review the agreement&hellip;</p>\\n"},{"id":7176,"path":"/blog/shocking-23-million-in-severance-pay-for-yahoo-ceo","slug":"shocking-23-million-in-severance-pay-for-yahoo-ceo","modified":"2023-03-14T14:29:10","title":"$23 Million in Severance Pay – How Yahoo CEO is Coming Out Ahead Even When the Company is Tanking","content":"Imagine being the CEO of a struggling company, only to learn that your company is going to be sold to another, larger corporation and you’ll be out of a job. For most people, this would be bad news – however, for Yahoo CEO Marissa Mayer, this is likely cause for celebration. Why?\\nBecause according to a regulatory filing by Yahoo on March 13, 2017, Mayer is set to receive a cool $23 million severance pay package. This breaks down to about a $3 million cash severance with $20 million in equity. Mayer is also set to continue to receive health benefits.\\nYahoo Transfers Its Business to Verizon After Years of Difficulty\\nIt’s no secret that Yahoo has had more than its fair share of issues over the last few years. In 2014, hundreds of millions of user accounts were hacked and millions more were hacked over this past summer. The company has decided to sell to Verizon and will operate under the new name Altaba. Mayer is expected to stay for a short period of time after the sale until new people become accustomed to their new roles.\\nSeverance Pay for Another Key Yahoo Player\\nMarissa Mayer isn’t the only one getting a sweet severance pay package from Yahoo, although hers is by far the largest. Ken Goldman, CFO of Yahoo, stands to gain $9.5 million in severance pay. At this time, it is unknown what other Yahoo key players will be paid as part of their severance agreements as the company makes this new transition.\\nWhat Kind of Severance Pay Package Can You Expect?\\nIf, like Yahoo, your company is being sold to another larger company or even has simply decided to stop doing business or has eliminated your position within the company, you may be entitled to severance pay.\\nThe laws surrounding New York severance pay can be quite complex, and this can be exacerbated if you work for a large company with significant holdings and may potentially gain a lot from your severance package. If you believe that you may be owed severance pay after losing your job or you’ve been offered a severance package, it’s important to contact an experienced New York severance lawyer before signing on the dotted line.\\nAttorney Chris Davis with Working Solutions NYC can help you determine what sort of severance pay options you may be eligible for and can help you negotiate the most beneficial severance package for you. At Working Solutions NYC, we’ll first evaluate your unique circumstances and goals, and will define what “success” means to you. A successful New York severance package will often look different from person to person, so we ensure that we are looking at what will be the most advantageous for you. \\nCall today for a consultation at (646) 430-7930.","excerpt":"<p>Imagine being the CEO of a struggling company, only to learn that your company is going to be sold to another, larger corporation and you’ll be out of a job. For most people, this would be bad news – however, for Yahoo CEO Marissa Mayer, this is likely cause for celebration. Why? Because according to&hellip;</p>\\n"},{"id":7117,"path":"/blog/big-ignore-goldman-cant-afford-get-wrong","slug":"big-ignore-goldman-cant-afford-get-wrong","modified":"2016-12-31T16:51:38","title":"Too Big to Ignore: Why Goldman Can’t Afford to Get This Wrong","content":"Gender discrimination is having a moment in the employment law world. An ongoing problem at all levels and in all types of employment positions, gender-based discrimination and harassment is omnipresent—but as 2016 comes to a close, it’s clear that heightened scrutiny on racial issues this year has given gender discrimination a multifaceted character, in turn leading to a well-deserved increase in attention from major firms and in public discourse. Surrounding the dialogue are three key questions: What happens when issues of race and gender intersect? How are employees and employers impacted? And what should we do about it?\\nIn late October, Goldman Sachs’ Edith Cooper held an interview with LinkedIn to discuss the importance of promoting dialogue and difficult conversations surrounding race and gender in the workplace. The current global head of human capital management, Cooper has over twenty years of experience at Goldman, during which she’s gained significant insight about the dynamics of minority identities in the workplace—and particularly in the New York City investment banking world. She is a black woman, an executive vice president and partner at one of the most prominent companies on Wall Street, and, according to LinkedIn news editor Laura Lorenzetti Soper, is “part of the heart and soul of Goldman’s culture.”\\nAbove all, Cooper is an institutional leader: when she speaks, her message “trickles down and well beyond the firm’s global offices.” She has a platform, as does Goldman—the gold standard on Wall Street. When Cooper talks, people listen; when Goldman acts, people follow. The firm sets pay scales, standards for equal pay, and precedents for corporate culture change. So the question is this: will Goldman’s promotion of “difficult conversations” around race and gender be enough? Or is there something more that corporations can—and should—be doing?\\nPerhaps one of the most problematic aspects of addressing race and gender issues in the workplace is that discrimination and harassment simply look different today than they used to. The recent HBO film “Confirmation,” released in April, reminded viewers of Anita Hill’s crusade against sexual harassment in the early 1990s with her testimony against Clarence Thomas—one of the key events that precipitated awareness of gender discrimination in the workplace. The term “sexual harassment” hadnt even been coined prior to the 1970s, and traditionally, it had referred to blatant sexual advances on female employees, often under threat of retaliation. Hill’s testimony contributed to a broader understanding of harassment that included a pattern of behavior—a type of professional culture—that targeted women in the workplace, making them feel unsafe, unwelcome, or simply uncomfortable.\\nThe allegations Hill brought against Thomas, whom she worked under in the 1980s, included claims that he had explicitly referenced sex and pornography in front of her and had repeatedly asked her out on dates despite her refusal. In front of an all-white, all-male panel of judges—and in front of viewers nationwide—the African-American Hill detailed a pattern of insidious, harassing behavior that was distinct from the more overtly physical instances of discriminatory conduct that had previously characterized sexual harassment. Even so, the examples that Hill gave in her testimony are still more blatant in character than many instances of sexual harassment today—if not the majority.\\nOver the past several decades, heightened public awareness and increased legal protections may have lessened (though not eliminated!) obvious instances of workplace harassment, but such measures don’t have the same effect against the more indirect culture of harassment that is prevalent in our modern day. As a result, many women don’t even recognize sexual harassment in the workplace for what is truly is—instead dismissing it, however uncomfortably, as just a part of daily life. The New York finance industry appears to be an especially proficient cultivator of this atmosphere: several prominent op-ed articles this year have drawn attention to Wall Street’s toxic bro culture and how it damages women.\\nIt may seem counterintuitive that leading global investment firms like Goldman Sachs are apparently such significant contributors to the United States’ culture of workplace harassment—particularly considering that most Wall Street corporations require sensitivity training that addresses race- and gender-based discrimination. But again, insidious forms of harassment are so prevalent precisely because nobody wants to call them that. “Micro-aggressions,” small and seemingly innocuous instances of discrimination, are commonplace and can be easily excused—dismissed as comments made in ignorance or without ill intentions. Wall Street “bro culture” can certainly be micro-aggressive, but in its most devious form, micro-aggression involves generalized assumptions about an employee’s seniority, family life, professional experience, or expertise that are based on that employee’s personal attributes, such as race or gender (often both). Sometimes they’re simple mistakes based on misguided beliefs about certain demographics—and the consequent comments or behaviors aren’t legally actionable in the same way that more obvious harassment or discrimination is. Nevertheless, micro-aggressions in any form reflect the extent to which women and minority employees are considered subsidiary to the archetypal seasoned, white, male employee—particularly in professional corporate atmospheres.\\nIn her September LinkedIn article, Edith Cooper recalled examples of micro-aggressions that she herself has experienced as a black female executive at Goldman Sachs—including being asked to serve coffee at a company meeting (she was there to run it) and how she gained admission to Harvard (she applied). “People frequently assumed I was the most junior person in the room, when in fact, I was the most senior,” Cooper wrote. “I constantly needed to share my credentials when nobody else had to share theirs. And, more often than not, I was the only black person—the only black woman—in the meeting.”\\nCooper’s feelings of isolation are based in fact. Women and black employees in general are underrepresented in private industry—particularly so in finance. In executive positions like the one Cooper occupies, women and African-Americans are few and far between, and black women like herself are almost nowhere to be seen. Take New York State for example: last year in the private sector, 58% of all private industry employees were white, while 17% were black. But almost 84% of executive and senior managerial positions went to white employees, while just 4% went to black employees. The numbers are even starker when the statistics are reduced to New York’s finance and insurance industries: 85% of executives are white, and just 2.5% are black. In both cases, black female employees are consistently the most underrepresented demographic and face the greatest proportional disparity in total industry positions vs. executive positions. Shockingly, their representation in senior managerial positions is eighty-one percent lower than would be proportionally expected in New York’s finance and insurance sectors. The below data summarizes publicly available employment statistics from the EEOC:\\nNew York State—All Private Industries\\n\\nNew York State —Private Finance and Insurance Industries\\n\\nAs these figures indicate, there is no clear upwards trend in New York employment patterns for women and minorities. The past five years have seen marginal increases in black employees’ representation in executive finance positions, but not in general across all private industries—representation has actually decreased. The disproportionately large allocation of white employees to senior managerial positions, meanwhile, has continued to increase in finance as well as in the general private sector.\\nMost importantly, while the disparity in black women’s representation in executive finance positions has improved slightly since 2010, the improvement is from 85% to about 81%—indicating that we still have a long way to go. Numbers are similar across the United States as a whole, but are decreasing instead, from 85.75% under-representation in 2010 to 86.58% under-representation last year.\\nEmployment trends have a significant amount to do with race- and gender-based harassment in the workplace. Minority demographics’ limited presence at the top is a self-perpetuating negative cycle—if, as Edith Cooper’s career indicates, people don’t ever expect to see a black woman in a leadership role, how can we anticipate that these numbers will improve? Expectations are powerful. The culture of insidious discrimination that this under-representation promotes will continue to dissuade women of all races and national origins from joining (or remaining at) Wall Street corporations—and they’ll never even have the chance to rise to an executive level.\\nSo to recap: the unfortunate truth is that discrimination of all types—even, and sometimes especially, at leading Wall Street corporations like Goldman Sachs—is both rampant and insidious. Even though our understanding of sexual harassment and discrimination has expanded over the past several decades since Anita Hill, it’s aching for another re-definition, as minor instances of discrimination and micro-aggressions continue to build and contribute to an unwelcoming atmosphere for women in the workplace—especially at high levels of employment. Statistics from just within the past five years show a disturbing under-representation of both white women and African-American women in the workplace, as well as in professional roles in the private sector.\\nEdith Cooper is a woman who’s personally experienced the detriments of being a black woman in a professional corporate atmosphere. Her informed solution, as an executive at Goldman, is to promote difficult conversations about race and gender and make employees “comfortable being uncomfortable.” She hopes that other companies “can learn from Goldman’s example and open up a dialogue with employees, even if it isn’t easy.” It’s not easy. That’s why dialogue has to be the first step—but it can’t be the only one. What else can Goldman do to set the standard for fair treatment of minority employees on Wall Street, other than talking about it? The world is watching. This is too big to ignore, and Goldman can’t afford to get it wrong.","excerpt":"<p>Gender discrimination is having a moment in the employment law world. An ongoing problem at all levels and in all types of employment positions, gender-based discrimination and harassment is omnipresent—but as 2016 comes to a close, it’s clear that heightened scrutiny on racial issues this year has given gender discrimination a multifaceted character, in turn leading&hellip;</p>\\n"},{"id":7088,"path":"/blog/immigrants-visa-holders-employment-rights","slug":"immigrants-visa-holders-employment-rights","modified":"2016-08-21T16:08:59","title":"Immigrants & Visa Holders: Your Employment Rights","content":"In 2012, the New York-based company Suffolk Laundry Services was sued after a manager allegedly subjected Latina immigrant workers to verbal and physical sexual harassment. In 2009, B&amp;H Photo &amp; Electronics Corp. faced allegations that the company had paid Hispanic warehouse workers less than non-Hispanic workers, failed to promote them, and failed to provide them health benefits. And in 2006, a suit filed against Porpiglia Farms, Inc. claimed that the New York orchard had discriminated against Jamaican migrant workers and falsified their worker’s visas.\\nEach of these lawsuits took place in New York State. Each were handled at the federal level by the Equal Employment Opportunity Commission (EEOC). And each involved victims who were immigrant workers, visa holders, or both.\\nAs New York City-based employment attorneys, we at the Working Solutions Law Firm handle dozens of lawsuits involving discrimination and wage and hour violations every year. In our collective experience, it’s an unfortunate reality that unscrupulous employers prey on employees who are the most vulnerable—who often have the most to lose. Increasingly, employment law firms across the nation are finding that working immigrants and visa holders suffer this reality every day as the disproportionate victims of workplace harassment, discrimination, and illegal wage practices.\\nIn the United States, visa holders, and especially undocumented immigrant workers, are beholden to their employers in ways that most other classes of employees are not. Employers may take advantage of or cheat workers who cannot easily seek recourse—and particularly for employees who fear legal consequences including deportation, that recourse is often never pursued at all. The high level of control that most employers hold over their immigrant workers, combined with employers’ assumption of immunity from consequences, creates the perfect storm for employee rights violations like the ones described above.\\nIn some immigrants’ cases, such stories have happy endings: Suffolk Laundry Services settled its lawsuit last year for nearly $600,000; B&amp;H Photo &amp; Electronics Corp. eventually paid out $4.3 million. Injunctive relief in both cases also included the institution of new workplace policies and trainings to prevent the reoccurrence of these employee rights violations. But the results of these trainings are not guaranteed—as of February 2016, B&amp;H Photo has found itself embroiled in yet another discrimination suit alleging further systematic discrimination against Hispanic employees. Even more worrisome than these cases, though, are those that never come to light at all.\\nBelow you’ll find a breakdown of common employment law violations involving immigrant workers and visa holders. If any of these situations apply to you or to someone you know, you may have grounds for legal recourse. Our firm will gladly offer you a free consultation—simply call us at (646) 430-7930 or visit our contact page here.\\nWORKING VISA HOLDERS\\nThe federal government offers various types of temporary worker visas to non-U.S. citizens who seek to legally work in the United States for a period of time. Among the most commonly-utilized is the H-2 visa program, which grants employment rights to seasonal agricultural workers (H-2A visa) or temporary non-agricultural workers (H-2B visa). Immigrants in both subcategories are typically hired to supplement companies’ permanent staff during times of seasonal or short-term demand, and may work in the U.S. for up to three years at a time.\\nUnfortunately, while the H-2 visa program provides non-citizen immigrants with an opportunity to legally reside and earn income in the United States, certain conditions of the H-2 program may also disadvantage visa holders and place them in a position where they are vulnerable to employee rights violations. H-2 visas are predicated on the sponsorship of a U.S.-based employer, meaning that immigrants’ employers ultimately have control over their visa—as well as their employment situation and even their living situation. Abuses of power are all too common, whether in the form of wage and hour issues, discrimination, or harassment.\\nWAGE &amp; HOUR ISSUES\\nOn paper, H-2 visa holders enjoy many of the same employee protections that U.S. workers have: they must be paid time-and-a-half as overtime for work in excess of 40 hours weekly; they cannot be discriminated against or paid disparately because of their sex, race, national origin, or other protected characteristics; and they have the right to join a union. H-2 workers are also granted some additional rights specific to visa holders—for example, they must be paid their industry’s prevailing wage as mandated by the Department of Labor (DOL), and they must be employed full-time, typically being paid for no fewer than 30 hours per week.\\nDespite these regulations, we know that many H-2 workers are routinely underpaid, forced to complete unpaid overtime work, and/or are charged for expenses that are the company’s own responsibility. Underpayment, or lack of payment, is one of the more easily recognized workplace violations—though the matter of reporting it can still be a complicated one, as we’ll discuss below. In fact, there are numerous other examples of wage and hour violations that might not be so obvious. Here’s what visa holders should know.\\n\\nDuring the H-2 visa process, employers must apply for a labor certification that permits their company to bring temporary workers into the United States. Employers are required to pay all fees associated with the labor certification process. It is illegal to solicit “recruitment fees” from immigrant workers, or to force workers to pay for the company’s labor certification application.\\n\\n\\nEmployers of H-2 workers are prohibited from deducting the cost of safety equipment from workers’ pay, and they must comply with all of the usual health and safety regulations of their industry. Additionally, if workers are injured on the job, they may have some recourse. A report compiled by ImmigrationWorks USA states that in most cases, H-2B employees who are injured at work must receive free medical treatment and partial restitution for wages lost while the employee is incapacitated.\\n\\n\\nEmployers are required to reimburse H-2 visa holders for the cost of traveling from their home country to their place of employment, including fees incurred for transportation and subsistence (i.e. lodging and meals), provided that such expenses are reasonable. Usually this reimbursement is issued upon completion of 50% of the designated work period. At the conclusion of the work period, the employer is also responsible for H-2 visa holders’ return transportation to their home country, and associated fees.\\n\\n\\nUnder certain circumstances, an H-2 worker may be dismissed from their job before the end of their authorized work period. If early dismissal occurs, the employer is still required to pay for the worker’s return transportation to his or her country of origin. \\n\\n\\nEmployers are required to provide no-cost housing to H-2A visa holders for the duration of their work period, and to provide free daily transportation to and from the work site. They must also provide each worker with either three meals per day, or furnish “free and convenient cooking and kitchen facilities” where workers can cook meals for themselves. It is illegal to make paycheck deductions for these amenities. Additionally, employer-sponsored housing and transportation must meet all applicable safety standards. H-2B workers are not guaranteed housing or meals, but employers are still required to meet safety standards and to ensure that any fees levied on workers for living expenses are “reasonable.”\\n\\n\\nWithin their first workweek, workers on an H-2B visa must be reimbursed for all expenses related to the visa application process and border crossing, including visa fees, biometrics fees, and any other fees associated with procuring work authorization. \\n\\n\\nEmployers must issue payment to working H-2 visa holders at least every two weeks, or more frequently. They must inform workers of any paycheck deductions in writing, and must also provide an itemized statement of earnings for each pay period. Employers who fail to issue pay stubs may be concealing illegal pay deductions.\\n\\n\\nEven if there is a shortage of work, H-2 workers must be guaranteed employment—or payment—for at least three-fourths (75%) of the hours promised to them in the job order every twelve-week period (or every six-week period if the job order is under 120 days).\\n\\n\\nMore detailed information about employer obligations is available through the DOL’s Wage and Hour Division website. You can find facts about the H-2A program here, and about the H-2B program here.\\n\\n DISCRIMINATION &amp; HARASSMENT\\nIt is widely recognized that the conditions of the H-2 visa create ripe opportunities for immigrant worker abuse—and unfortunately, that abuse is not limited to wage and hour violations. Employers have been known to verbally and physically abuse workers, harass them, intimidate them, sexually assault them, and even steal their documentation, knowing that the workers won’t dare report them.\\nBecause H-2 visa holders must remain affiliated with their sponsoring employer in order to legally reside in the United States, a complaint against the employer could have disastrous consequences for the employee, including deportation or blacklisting. For workers who depend on temporary U.S. employment to support themselves and their families, risking such consequences is simply not an option. Employers recognize this and take advantage of visa holders’ vulnerability. Companies can exercise a significant degree of control over workers’ behavior in this way, prompting some to refer to the H-2 programs and similar guestworker programs as “close to slavery.”\\nSome common examples of worker harassment and exploitation are below.\\n\\nConfiscation of documents\\n\\nEmployers may take away immigrant workers’ identification documents upon arrival—their visas, passports, or Social Security cards. These employers may claim that they are holding the documents for “safekeeping,” but their true purpose is to retain control over their workers by denying them proof of their legal U.S. presence. According to the Southern Poverty Law Center (SPLC), a nonprofit civil rights organization, employers may even destroy documentation to hold workers against their will and intimidate them into accepting poor pay and working conditions without complaint.\\n\\nThreats of violence and intimidation\\n\\nEmployers have been known to threaten deportation—but sometimes, if fear of deportation isn’t enough, employers force workers to fear for their lives. H-2 workers might have guns pointed at them or endure threats of violent physical beatings if they don’t work “hard enough.” Employers may use such threats to dis-incentivize workers from complaining about wage or safety violations, or to keep them from reporting injuries.\\n\\nSexual harassment and assault\\n\\nWomen workers in particular may be told that they will be raped or even killed if they do not behave as their employer demands. Too often, employers follow through on threats of sexual assault, though they might claim that these interactions were consensual or were “an accident.” Harassment can also take a more insidious form when small but repeated transgressions, such as sexually charged comments, culminate in a hostile work environment. This Buzzfeed News report offers an in-depth look at some of the exploitative situations H-2 visa holders endure.\\nUNDOCUMENTED IMMIGRANT WORKERS\\nIf employee rights violations are prevalent under the H-2 visa program, they’re even more so when workers don’t hold any type of protected legal status. Undocumented workers can be subjected to any of the violations that visa holders endure—perhaps to an even greater degree. While undocumented workers might have more freedom to leave an abusive employer than H-2 visa holders do, underpayment is still extremely common, as are unsafe working conditions. And yet, as with visa holders, most undocumented immigrants avoid filing complaints for fear of retaliation and deportation.\\nOne might assume that undocumented workers have less legal recourse than visa holders do—but this is not necessarily the case, particularly for wage and hour violations. In fact, undocumented workers are generally protected by federal, state, and local employment laws, and the New York Labor Law is no exception. Multiple federal courts and New York State courts have held that “illegal” immigrants can bring legal action to recover unpaid wages. Under the federal Fair Labor Standards Act (FLSA), every employee in the U.S. is entitled to certain wage standards and can make a claim if those standards are not met. Workers’ legal status doesn’t matter—in one federal district court case, Angamarca v. Da Ciro, Inc., the undocumented plaintiff was even able to pursue his lawsuit from abroad after he had already returned to his home country.\\nIn short, undocumented workers are owed proper minimum wages and overtime for all hours worked in the United States, even if they lack employment authorization. Undocumented immigrants are also protected by the same employment laws that prevent workplace harassment and discrimination, though there are certain limitations on the remedies they can claim. Our firm is happy to discuss these situations on a case-by-case basis—simply give us a call.\\nRegardless of immigration status, you and every other U.S. worker deserve fair treatment as an employee. If you believe that you or someone you know may be the victim of a workplace rights violation as described in this post, call us today for a free consultation at (646) 430-7930, or fill out our contact form here. Whether it’s discrimination, a wage and hour violation, or an incident of harassment, our firm is here to help you assert your rights and secure the recourse that you’re owed.","excerpt":"<p>In 2012, the New York-based company Suffolk Laundry Services was sued after a manager allegedly subjected Latina immigrant workers to verbal and physical sexual harassment. In 2009, B&amp;H Photo &amp; Electronics Corp. faced allegations that the company had paid Hispanic warehouse workers less than non-Hispanic workers, failed to promote them, and failed to provide them&hellip;</p>\\n"},{"id":7083,"path":"/blog/7083-2","slug":"7083-2","modified":"2016-07-13T21:16:27","title":"Overtime Pay and the Retail Revolution in Brooklyn: How the New “Final Rule” Will Impact The New Retail Sector","content":"*As of January 1, 2020, the FLSA has been updated to increase the minimum salary level for exempt executive, administrative, and professional employees from $455 a week ($23,660 annualized) to $684 per week ($35,568 annualized). Additionally, the total annual compensation required to meet the test for a highly compensated employee, who is exempt from overtime requirements largely on the basis of total compensation paid, has increased from $100,000 to $107,432.*\\nFrom DUMBO and Atlantic Avenue’s boutiques to Downtown Brooklyn’s new retail space, Brooklyn’s growing retail sector has turned a “bedroom community” retail market into a hotbed of growth, spurred on by fast moving growth in the real estate market which has defied nationwide trends and a continuing exodus of Manhattanites. Even some parents of Brooklyn hipsters who themselves grew up in less-than-hip 60s Brooklyn are returning to retire in Brooklyn and spend time with their families.\\nAs Brooklyn’s retail sector grows, it will continue to add retail employees, many of whom will be eligible for overtime pay. Unfortunately, as wages increase in Brooklyn and elsewhere, given recent reform, fewer people are likely to qualify for overtime pay. In recent months, the growing disparity has finally served as a catalyst for reform, and Brooklyn may be a front-runner for local regions that will be most significantly affected.\\nThis past May, President Obama amended certain regulations for the Fair Labor Standards Act (FLSA). With the primary intention of extending and reinforcing overtime protections for workers, President Obama’s “Final Rule” makes important changes to overtime exemption eligibility that will greatly increase the number of individuals who are entitled to earn overtime pay.\\nThe exemption test has three components:\\nSalary Basis Test\\nTo be exempt from overtime standards set by the FLSA, an employee must receive a predetermined and fixed salary that is not subject to reduction.\\nChange: The salary basis now encompasses up to 10% of non-discretionary bonuses and incentive payments (such as commissions) to satisfy salary level exemptions. If this percentage does not satisfy an exempt status in a given quarter, the employer has until the beginning of the following quarter to make up for the shortfall.\\nSalary Level Test\\nEmployees are paid above a certain salary per week to be exempt from the overtime rates of time-and-a-half, or 1.5 times the usual hourly rate of hours worked beyond 40 hours per week.\\nChange #1: The minimum salary level to be exempt from overtime has been increased from $455 to $913 per week, a value representative of the earnings of full-time workers at the 40th percentile in the South, which is currently the lowest-wage Census Region. This is equivalent to an annual salary of $47,476.\\nThe Fair Labor Standards Act also outlines a separate policy for “highly-compensated” workers, exempting them from overtime pay if they meet a distinct salary level threshold and perform at least one of the duties of an exempt employee. The duties test mentioned below is less stringent for these workers, qualifying an employee as exempt if he or she often directs the work of at least two employees even if their executive duties are not fully met.\\nChange #2: The Final Rule raises the salary level threshold for highly compensated individuals from $100,000 to $134,004 annually (the national wage for the 90th percentile of full-time salaried workers).\\nChange #3: The Final Rule also incorporates a mandatory update to salary thresholds every three years (starting on January 1, 2010) to maintain the objective and accuracy of the overtime coverage as it adjusts to factors like inflation. The standard and highly compensated thresholds will continue to reflect the full-time salary of their respective percentiles at the time of their examination.\\nDuties Test\\nExempt employees hold positions that are characteristically “white collar,” or fulfill executive, administrative, and professional duties. More information about the specific components of these tests is available on the Department of Labor website.\\nImportantly, no changes have been made to the components of the duties test. However, there may be a change in its application. The Department of Labor estimates that because the salary level test was raised so significantly, approximately 3.2 million blue-collar workers will no longer have to rely on a falsified duties test for entitlement to overtime pay. This change will result in a reduced amount of misclassified exemption cases that the duties test created for many blue-collar and highly compensated workers.\\nSo why might these modifications significantly impact compliance in Brooklyn?\\nAccording to findings of the Department of Labor, the Final Rule gives 4.1 million employees a new right to overtime pay—a tremendous expense for all employers to face. Private sector employment in Brooklyn increased by 20% between 2003 and 2013—a level unmatched by the rest of New York City—but lower-wage industries such as retail make up the largest proportion of this growth.\\nIn the past decade, the number of wage and hour lawsuits has skyrocketed, and the potential for off-the-clock violations in the retail sector is monumental if business practices are left unexamined. Listed below are four impacts of the new overtime laws for businesses in Brooklyn and the larger retail industry.\\n\\nEmployers will have to keep a record of the total number of hours overtime-eligible employees work each day and week as well as their earnings and wages paid.\\n\\nThe Final Rule does not require overtime-eligible employees to be paid on an hourly basis if they are paid a salary, but these employees will have to report their daily hours in a similar fashion to ensure that their earnings and wages coincide.\\n\\nIn the effort to be economical, employers will have to examine individual employees’ salaries and the regularity of which he or she works overtime.\\n\\nDepending on these individual circumstances, employers could reduce labor costs by limiting hours, exempting the employee from overtime premiums by raising their salary, or simply pay the overtime rates of hours worked. This could be a difficult (and often unpredictable) task for large management.\\n\\nNearly a quarter of store locations in Brooklyn are national retailers where many employees are earning a salary but do not qualify for exemption.\\n\\nEven with a high enough salary, the problem persists that many retail employees do not satisfy the exemption components of the duties test. Employees with managerial job titles are not necessarily exempt if they do not perform all of the executive duties.\\n\\nWith a minimum wage increase already taking effect, labor costs in the state of New York will be especially high.\\n\\nOver 555,220 retail employees are paid the minimum wage in New York, and large chain employers offer most of the lowest wages. Under the Minimum Wage Plan signed by Governor Cuomo, employees earning the minimum wage in New York City will earn $11 by the end of 2016 and an additional $2 each year afterwards before ultimately earning $15 by the end of 2018. Large retail employers in New York will have to grapple with this additional labor cost as they plan for the future.\\n\\nSmall retail businesses may suffer the most from an increase in labor costs.\\n\\nOf the roughly 49,840 businesses in Brooklyn, nearly 91% have fewer than twenty employees and 70% have fewer than five. Even before the Final Rule, these businesses have long struggled to compete with the proliferation of larger chains. A personalized experience and commitment to quality is often what makes small businesses attractive and differentiates them from larger competitors. These services may be undermined, however, by necessary cuts employers make to staffing, hours, programs, and services.\\nGiven the twofold degree by which the basic salary threshold increased and the scope of its consequences, one might expect a flurry of discussion and anxiety among employers about the impact of the Final Rule. Adam Ochstein, founder and chief executive of StratEx, observes that the opposite seems to be true so far. “Across the board, nobody seems to know about this,” Ochstein reported to The New York Times.\\nFor the Fair Labor Standards Act to achieve the purpose of its design, it is critical that employers and employees alike are vigilant about the overtime laws and seek legal consultation early for any infringements.\\nEmployers have until the effective date of December 1, 2016 to comply with the Final Rule, and how they will do so is not yet explicit. One thing, however, is certain: the price of complacency will be high as eligible workers become more informed about their entitlement to overtime pay.","excerpt":"<p>*As of January 1, 2020, the FLSA has been updated to increase the minimum salary level for exempt executive, administrative, and professional employees from $455 a week ($23,660 annualized) to $684 per week ($35,568 annualized). Additionally, the total annual compensation required to meet the test for a highly compensated employee, who is exempt from overtime&hellip;</p>\\n"},{"id":7080,"path":"/blog/family-status-discrimination-new-york-burdens-breaks-new-world-work","slug":"family-status-discrimination-new-york-burdens-breaks-new-world-work","modified":"2016-07-01T14:42:28","title":"Family Status Discrimination In New York: The Burdens And Breaks of the New World of Work","content":"We are living in an age of unprecedented levels of employment among working families. In 2015, just 6.9 percent of families in the United States included an unemployed person, down from 8.0 percent in 2014. In fact, a whopping 80.3% of families in the United States comprised of at least one employed member in 2015.\\nBut more employment for working family members in New York has not necessarily translated into more opportunity and well-being for those employed, particularly for those working family members caring for elderly or disabled adults. According to a 2009 study conducted by the National Alliance for Caregiving and and the AARP, 73% of family (adult) caregivers who care for someone over the age of 18 either work or have worked while providing care; 66% have had to make some adjustments to their work life, from reporting late to work to giving up work entirely; and 1 in 5 family caregivers have had to take a leave of absence. Given this data, of the many types of discrimination that can arise in the workplace, family responsibilities discrimination (FRD, also known as caregiver discrimination) may be the most pervasive of all.\\nSo, if you are a family caregiver in in need of relief from discrimination, where do you turn? There are very few states that provide specific anti-discrimination laws for caregivers, and most claims of family responsibilities discrimination are justified under federal law such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Family and Medical Leave Act. However, in January 2015, the state of New York passed a law recognizing parents and parents of minor children as a new protected category under protection of state anti-discrimination laws. Incorporated under the New York State Human Rights Law, the protected “familial status” refers to any individual who is pregnant, has children under 18 years old, or is under 18 and living with the described parent.\\nAnd, as mentioned in our previous blog post, the New York City Human Rights Law protects another similar status – “caregiver status”  as a protected class. By broadening the definition of “caregiver” to include those who provide ongoing care for any disabled person living in the caregiver’s home—including family member, spouse, domestic partner, or friend—legislators of the NYC Human Rights Law have advanced a more comprehensive definition of what qualifies as family responsibilities discrimination than other states’ laws.\\nA close look at the perception of caregivers in your workplace – the roles and responsibilities of caregivers, in particular – is a productive exercise for any employee concerned about the possibility of caregiver or family responsibilities discrimination. If you have experienced any of the following circumstances at your workplace in New York or New York City, you fall within a risk category for family responsibilities discrimination:\\nEldercare\\n\\nAfter asking an employer to go on leave to care for a chronically ill parent, the employee is fired;\\nAn employee refuses to take his spouse, who is ill, off of his employer’s insurance plan and is terminated. (“We have paid enough for her coverage.”);\\nAn employee returns from leave after caring for a parent who is near death and is then fired for being “lazy.”;\\n\\nAn employer denies leave to an employee whose parent is unwell on the grounds that the parent’s spouse is alive to take care of her.\\nCaregivers of Disabled Individuals\\n\\nAn employee is fired after her father, who lives with her, becomes disabled in fear of decreased attendance at work;\\nAn employer refuses to hire an applicant whose husband is disabled on the assumption that she may be late often of have to take leave to care for him;\\nAn employer denies an employee certain opportunities on the assumption that he may not be able to complete them in time because his child is disabled.\\n\\nChildcare\\nAn employer makes an employment decision on the basis that the employee or future employee:\\n\\nHas children at home, or “too many” children;\\nMay not be reliable because he or she has children;\\nIs a single parent, foster parent, or living with or caring for a grandchild;\\nIs pregnant;\\nIs a father who obtained custody of one or more children and will be the primary caretaker;\\nIs a mother who “should stay home with her children”.\\n\\nThe New York State Human Rights Law maintains that employment decisions (such as choosing to promote or hire someone) based on any other stereotyped belief or opinion about caregivers of children under 18 is unlawful.\\n“Caregivers are the people who keep families together,” said New York City Mayor de Blasio. “It is critical that New York City protects them so they can continue to provide essential care to the children, elderly people, and individuals with disabilities who rely on them to lead happy and healthy lives. No one deserves to be treated differently or denied opportunities in the workplace because of their status as a caregiver.” Indeed, these relatively new protections will not only substantial impact our expectations in the workplace, but also how we work.","excerpt":"<p>We are living in an age of unprecedented levels of employment among working families.  In 2015, just 6.9 percent of families in the United States included an unemployed person, down from 8.0 percent in 2014.  In fact, a whopping 80.3% of families in the United States comprised of at least one employed member in 2015.&hellip;</p>\\n"},{"id":7053,"path":"/blog/nyc-human-rights-law-works-protects","slug":"nyc-human-rights-law-works-protects","modified":"2016-05-27T17:15:20","title":"The NYC Human Rights Law: How It Works and Whom It Protects","content":"If you ask a dozen New York City residents what makes New York great, you’ll hear a dozen different answers. NYC is considered unique for its diversity; for its opportunity; for its atmosphere; and for its history—but did you know that NYC has the bragging rights to the most comprehensive human rights protections in the country?\\nWhile many cities and states throughout the U.S. have some form of anti-discrimination law on the books, the New York City Human Rights Law is “one of the most powerful anti-discrimination laws in the country, far stronger than either federal law or most state counterparts.” It applies to anyone living within the city, and contains extensive human rights protections encompassing discrimination, retaliation, discriminatory harassment, and bias-based profiling by law enforcement.\\nAs employment attorneys in New York City, we at the Working Solutions Law Firm regularly advocate for employees who have dealt with violations of the NYC Human Rights Law in their workplace. According to New Yorks Anti-Discrimination Center, the law’s emphasis is on maximizing accountability and on creating “a real deterrent to discriminatory conduct.” From experience, we know that the NYC Human Rights Law is a powerful tool not only for discouraging discrimination, but for fighting it once it occurs.\\nNew York residents should know that the law prevents discrimination of individuals in employment, housing, and public accommodations based on the following characteristics:\\n• Race, color, or creed\\n• National origin or citizenship status\\n• Gender, gender identity, or sexual orientation\\n• Age\\n• Disability\\n• Pregnancy\\n• Marital or partnership status\\n• Caregiver status (new protected class for employees as of May 4, 2016)\\nCaregiving employees—those who provide direct and ongoing care to a child or to a sick or disabled relative—are newly protected under New York law as of May 2016. Employers are not permitted to make employment decisions about an employee based on their caregiving status, including decisions about hiring, firing, or promotions. The NYC Human Rights Law also provides some additional anti-discrimination protections that are specific to employees, including discrimination based on unemployment status, arrest or conviction record, and an individual’s status as a victim of domestic violence, stalking, or sex offenses.\\nAs an employee, sometimes it can be difficult to ascertain when an employer’s behavior crosses over from something permissible into something unlawful and discriminatory. Outlined here are some common examples of discrimination or discriminatory harassment that can affect each protected class. If any of these scenarios sound familiar to you, you may have been the victim of a violation of the NYC Human Rights Law—and these offenses by your employer are legally reprehensible.\\nRace or Color\\n• Your employer repeatedly makes jokes or offhand comments about people of your race\\n• Your employer unfairly applies stereotypes to you in designating job duties (e.g. “People of your race are good with technology!”)\\n• Your employer fires you, or refuses to hire you, because of your race or skin color (e.g. “We’ve hired people like you before, and it just didn’t work out.”)\\n• Your employer makes assumptions about you based on your appearance that affect your job (e.g. assumes you are Arab if you have darker skin, and makes discriminatory comments or refuses to hire you)\\n• Your employer inquires about your racial background during the hiring process in a way that suggests your answer is relevant to their decision (e.g. “Your skin color is interesting, what is your heritage?”)\\n• Your employer does not address incidences of racial harassment or discrimination perpetrated by your coworkers or the company’s other employees, even when you complain\\nCreed\\n• Your employer reduces your exposure to customers or adjusts your job duties because you wear clothing items related to your religion (e.g. a hijab, yarmulke, or turban)\\n• Your employer fires you, or refuses to hire you, because of your religion or religious dress (e.g. “You can’t work here if you refuse to take that off during work hours.”)\\n• Your employer fails to accommodate your religious needs in the workplace (e.g. requiring you to work on the Sabbath even though others are willing to trade shifts with you)\\n• Your employer reprimands you for expressing your religious beliefs at work (e.g. you are not allowed to display religious icons or symbols in your workspace, even when other types of personal items are allowed)\\n• Your employer makes discriminatory comments or harasses you because of your religion or lack thereof, and/or allows other employees to do the same without reprimand\\nNational Origin or Citizenship Status\\n• Your employer makes hiring or job placement decisions about you based on your accent (e.g. “Sorry, I can’t have someone with an accent speaking to the customers.”)\\n• Your employer makes assumptions about you based on your national origin that affect your job (e.g. assumes you are Muslim if you are from the Middle East, and makes discriminatory comments or refuses to hire you)\\n• Your employer gives you a lesser salary because they assume that you are less qualified or willing to accept less money due to your national origin\\n• Your employer makes offensive comments or harasses you because you are a member of a specific ethnic group, or are otherwise affiliated with one (e.g. your husband is African)\\n• Your employer asks you not to wear clothing items that are a part of your religious or cultural identity (e.g. a sari, abaya, or robe)\\n• Your employer forbids you from speaking your native language at work (unless the employer can prove that an English-only rule is necessary for conducting business, and has made that rule clear to employees)\\n• Your employer treats you differently in any way due to your ancestry, the place you were born, your culture, your accent, or other linguistic characteristics\\n• Your employer asks if you are a citizen during the hiring process, and subsequently refuses to hire you if you are not, even if you have valid work documentation\\n• Your employer expresses that they would rather employ a U.S. citizen, or gives priority to citizens within the workplace\\nGender\\n• Your employer pays you less than your male counterparts because you are a woman (see our blogs on the gender pay gap here and here)\\n• Your employer refuses to hire or promote you because you are a woman of childbearing age (e.g. asks you in interviews whether you’re married and/or planning to have children soon)\\n• Your employer passes you over for promotions or pay raises in favor of men, even though you are a more qualified employee (see our blog on mommy-tracking here)\\n• Your employer reprimands you for your choice of dress (e.g. tells you that wearing pants or other gender-neutral clothing is inappropriate or “not feminine enough”)\\n• Your employer sexually harasses you, makes patronizing comments, or makes you feel uncomfortable in any way because of your gender (e.g. repeatedly calls you “sweetheart” or compliments your appearance in an inappropriate manner)\\n• Your employer gives you a lesser benefits package compared to your male coworkers, under the assumption that the men are “principal wage earners” or “heads of household” with families to support\\nGender Identity\\n• Your employer refuses to use your preferred pronouns, or does not reprimand your co-workers or other employees for doing the same, even when you complain\\n• Your employer fires you, or refuses to hire you, upon discovering that you plan to undergo a gender transition or sex reassignment surgery, or have previously done so\\n• Your employer reassigns you or limits your interaction with clients because he or she thinks that your gender expression is too “alternative” or “non-traditional” (e.g. “We’re concerned that your presence at the register will make customers uncomfortable.”)\\n• Your employer disciplines or fires you for wearing clothing that corresponds to your gender identity, usually with the excuse that you are not in compliance with the company’s dress code policy\\n• Your employer fires, demotes, or reprimands you when he or she discovers that you express your gender differently when you are outside of the workplace (e.g. “Hey, I saw photographs of you at a drag show last weekend. What were you thinking? Clients can’t see that.”)\\n• Your employer harasses you for your gender identity or expression, or repeatedly makes offensive jokes or offhand comments about your identity or appearance\\n• Your employer refuses you access to workplace restroom facilities, or denies you equal treatment in the workplace in any other way\\nSexual Orientation\\n• Your employer fires you, refuses to hire you, demotes you, penalizes you, or otherwise treats you differently after discovering you are non-heterosexual or have a same-sex partner\\n• Your employer regularly comments on or makes offensive jokes about sexual orientation or same-sex marriage in the workplace, whether directed at you or in general, and/or allows other employees to carry on doing the same\\n• Your employer asks you to hide your sexual orientation in the workplace (e.g. by removing pictures of your same-sex partner from your cubicle, or by wearing clothing your employer deems more traditionally “masculine” or “feminine”)\\n• Your employer presses you for details about your relationships, mannerisms, or sexual activity, or otherwise makes inappropriate references to your personal life\\nAge\\n• Your employer fires you or refuses to hire you because they prefer someone “fresh-faced” or “energetic” to do the job instead\\n• Your employer changes your job duties or reduces your hours due to you “slowing down,” even if you haven’t asked for a break and your job performance has not dropped\\n• Your employer reduces your exposure to customers in favor of employees who are younger-looking (e.g. “Sharon is just a better face for the company—I’m sure you understand.”)\\n• Your employer fires you because your experience is costing the company too much money—they prefer to keep and hire younger workers who are paid less\\n• Your employer turns you down for a deserved promotion in favor of someone younger hired from the outside, saying that the company “needs new blood”\\n• Your employer has made critical remarks about your age, directly to you or to others in the company, that you suspect are driving decisions about your employment\\n• Your employer shows a pattern of laying off older workers while keeping on younger, less experienced employees\\n• Your employer has directly expressed concerns to you about your age affecting your ability to effectively do your job\\nDisability\\n• Your employer fires or refuses to hire you because you have a physical or mental disability, a perceived disability, or a close association with an individual who has a disability\\n• Your employer asks you about your past or current medical conditions during the hiring process, or requires you to take a medical exam\\n• Your employer refuses to grant you reasonable accommodations for your disability that would allow you to work (e.g. giving a diabetic worker scheduled breaks throughout the day to monitor blood sugar, or giving a sight-impaired employee a modified training manual)\\n• Your employer creates or maintains a workplace with substantial physical barriers that impede the movement of employees with physical disabilities (e.g. narrow hallways or an elevator that breaks down frequently)\\n• Your employer fires or demotes you if you become disabled at some point after you are initially hired, or refuses to give you time off to attend to your disability or a serious health condition that constitutes a temporary disability\\n• Your employer refuses to accommodate doctors’ appointments or scheduling changes that result from your disability (see our blogs on the Family and Medical Leave Act (FMLA) here and here for more information about disability accommodations)\\nPregnancy\\n• Your employer asks whether you are pregnant during the hiring process, and refuses to hire you if you confirm your pregnancy or are visibly pregnant\\n• Your employer fires or demotes you upon learning that you are pregnant later on\\n• Your employer refuses to provide reasonable accommodations to you during your pregnancy, even when those accommodations are provided to other temporarily disabled employees (e.g. you are made to keep lifting heavy boxes at work)\\n• Your employer refuses to grant you insurance coverage for your female partner’s pregnancy-related conditions, while other employees’ male partners are given comprehensive coverage through the same plan\\n• Your employer refuses to grant you sufficient time off for doctors’ appointments, prenatal care, or the birth of your child\\n• Your employer refuses to provide you with your previous job or with a similar job upon your return from maternity leave (see our blogs on the Family and Medical Leave Act (FMLA) here and here for more information about pregnancy accommodations)\\nMarital or Partnership Status\\n• Your employer hires and/or promotes single employees over those who are engaged or married, for fear that they will become pregnant or be distracted by family responsibilities\\n• Your employer asks you questions about your marital status during the hiring process that suggest an attempt to find out your partner’s gender, age, and/or your likelihood of having children (e.g. “What is your spouse’s name?” “What does your partner do?” “How long have you been together?”)\\n• Your employer refuses to hire you, a single woman, to a primarily male company for fear that you will be “a distraction” in the office\\n• Your employer passes over you, a married woman, for company trips where you would be traveling with male employees, reasoning that you or your partner would be “uncomfortable” with it\\n• Your employer makes any type of employment decision based on the fact that you are married, unmarried, or married to a person of a certain demographic\\nCaregiver Status\\n• Your employer asks you whether you have children, and how many, during the hiring process, and refuses to hire you if you are presently a caregiver or intend to have children in the near future\\n• Your employer fires you or refuses to hire or promote you because you provide ongoing care to a child, including adopted or foster children (e.g. asking a potential employee “Whose responsibility are the children?”)\\n• Your employer fires you or refuses to hire or promote you because you provide ongoing care to a parent, sibling, spouse, child, grandchild, or grandparent with a disability (e.g. “We’re not sure you can handle this work while caring for your sick mother.”)\\n• Your employer retaliates against you for making reasonable requests for flexibility pertaining to your status as a caregiver (e.g. occasionally leaving early for children’s doctor appointments)\\n• Your employer reduces the work assigned to you, excludes you from larger projects, or assigns you more menial tasks based on the assumption that your caregiving responsibilities make you unreliable\\nWhile this list may seem exhaustive, the scenarios of workplace discrimination detailed here are only examples of what employees might encounter over the course of their careers. If you have any doubts about the legality of your employer’s behavior or about your treatment at work, call our office at (646) 430-7930, or fill out our contact form here for a free consultation—we can help you determine whether you’ve been a victim of unlawful discrimination.\\nMeanwhile, if any of the above scenarios sound familiar to you, you may have a case against your employer. Even if your complaint seems small, don’t hesitate to contact us: The New York City Human Rights Law is designed to protect New York employees from all forms of discrimination and discriminatory harassment, no matter how severe the violation might be. It’s the law’s job to promote justice, and it’s our firm’s job to enforce it.\\nVictims of workplace discrimination can recover remedies including back pay, reinstatement, hiring, promotion, and compensatory damages. Call the Working Solutions Law Firm today or contact us here to discuss your options free of charge.","excerpt":"<p>If you ask a dozen New York City residents what makes New York great, you’ll hear a dozen different answers. NYC is considered unique for its diversity; for its opportunity; for its atmosphere; and for its history—but did you know that NYC has the bragging rights to the most comprehensive human rights protections in the&hellip;</p>\\n"},{"id":7048,"path":"/blog/firm-files-class-action-lawsuit-against-le-pain-quotidien-on-behalf-of-servers-for-tip-pool-and-wage-violations","slug":"firm-files-class-action-lawsuit-against-le-pain-quotidien-on-behalf-of-servers-for-tip-pool-and-wage-violations","modified":"2016-05-08T17:23:11","title":"Firm Files Class Action Lawsuit Against Le Pain Quotidien on Behalf of Servers for Tip Pool and Wage Violations","content":"Recently, The Working Solutions Law Firm filed a Collective Class and Class Action Lawsuit on behalf of all tipped Servers employed at Le Pain Quotidiens restaurants throughout the United States. As our Firms investigation revealed, and as we alleged in the Class Action Complaint, LPQ’s Servers were denied minimum wage and overtime compensation pursuant to an unlawful “tip credit” policy, denied lawful “spread of hours” pay, denied lawful reimbursement for the cost of laundering required uniforms, subjected to LPQs unlawful practice of tip misappropriation, and subjected to LPQs unlawful practice of failing to maintain accurate records in violation of federal and state wage and hour laws. Our Firm will seek damages for LPQs failure to pay Servers all tips and wages owed to them, and will also seek penalties.\\nFor further information, please contact Christopher Davis or Rachel Haskell at (646) 430-7930. For additional information on the lawsuit, here is a copy of the filed Class Action Complaint: Federal Complaint.","excerpt":"<p>Recently, The Working Solutions Law Firm filed a Collective Class and Class Action Lawsuit on behalf of all tipped Servers employed at Le Pain Quotidien&#8217;s restaurants throughout the United States.  As our Firm&#8217;s investigation revealed, and as we alleged in the Class Action Complaint, LPQ’s Servers were denied minimum wage and overtime compensation pursuant to an&hellip;</p>\\n"},{"id":7037,"path":"/blog/davis-firm-files-overtime-class-action-against-cablevision-on-behalf-of-field-technicians","slug":"davis-firm-files-overtime-class-action-against-cablevision-on-behalf-of-field-technicians","modified":"2016-05-08T17:11:23","title":"Davis Firm Files Overtime Class Action Against Cablevision on Behalf of Field Technicians","content":"The Working Solutions Law Firm recently filed an FLSA collective class and Rule 23 class action against Cablevision Systems New York City Corporation, Cablevision Systems Corporation, and CSC Holdings, LLC on behalf of all hourly Field Service Technicians employed in the Bronx and Brooklyn and who were denied minimum wage compensation, “straight time” compensation, and overtime compensation. Pursuant to our Firms investigation, and as alleged in the Class Action Complaint, Cablevision required Field Service Technicians in the Bronx and Brooklyn to work “off-the-clock” during their unpaid half-hour meal breaks. Cablevision also failed to provide Plaintiffs and the Putative Class with accurate wage statements in violation of the New York Labor Law. Our law firm will pursue damages for unpaid wages and penalties under federal and New York law.\\nFor more information, please contact Christopher Davis at (646) 430-7930. A copy of the filed complaint can be found here: Federal Complaint.","excerpt":"<p>The Working Solutions Law Firm recently filed an FLSA collective class and Rule 23 class action against Cablevision Systems New York City Corporation, Cablevision Systems Corporation, and CSC Holdings, LLC  on behalf of all hourly Field Service Technicians employed in the Bronx and Brooklyn and who were denied minimum wage compensation, “straight time” compensation, and&hellip;</p>\\n"},{"id":7026,"path":"/blog/women-in-sports-discrimination-at-home-and-abroad-2","slug":"women-in-sports-discrimination-at-home-and-abroad-2","modified":"2016-04-14T18:54:57","title":"Women in Sports: Discrimination At Home and Abroad","content":"Even in 2016, the gender pay gap is pervasive, stretching across dozens of career fields and affecting millions of women per year in the U.S. and worldwide. Within the workplace, behavioral trends such as mommy-tracking are insidious contributors to discrimination, often placing women in subordinate positions that are not only lower-paying, but also hold less potential for career advancement. However, even when women perform exactly the same job duties as men—with the same title and the same responsibilities—the wage gap still persists, sometimes to a shocking extent.\\nIn terms of individual industries, one of the greatest offenders of wage gap perpetuation is also one of the most prominent—the sports industry. Professional athletics have long been male-centric, with male athletes receiving the majority of media coverage—and the majority of compensation. Newsweek reports that pay disparity is widespread in a majority of sports, and the severity is striking. For basketball, the highest-paid player in the Women’s National Basketball Association (WNBA) makes just 20% of the salary of the lowest-paid player in the all-male NBA. For golf, in 2015, the male Professional Golfers Association (PGA) offered $320 million in prize money compared to the women’s association’s $61.6 million—more than a fivefold difference. And then, perhaps most controversial of all, there’s U.S. soccer.\\nOn March 30, five members of the U.S. Women’s National Soccer Team (USWNT) filed a complaint against the U.S. Soccer Federation, calling for an investigation into what the players called discriminatory wage practices. The lawsuit follows the team’s championship win at the 2015 World Cup early last year, which provided the women with significant ammunition for the complaint.\\nAccording to the suit, members of the USWNT were paid only about 25% of what U.S. male players earned in 2015, despite the fact that the women’s World Cup performance generated over $20 million more in revenue for U.S. Soccer than the men’s did. The USWNT members earned $2 million among them following their championship win; the men, who lost the tournament in the round of 16, still earned $7 million more.\\nPer The Huffington Post, the discrepancy in earnings for the U.S. men’s and women’s soccer teams is “arresting.” Both teams play a minimum of 20 games annually, but if the women were to win every game and the men were to lose them all, the men’s team would still earn more. Further, members of the men’s team receive an additional $5,000 minimum for every match they play over the baseline of 20—while the women get nothing. Particularly considering the respective teams’ performances, this discrepancy is nothing short of shocking.\\n“The numbers speak for themselves,” said Hope Solo, the women’s goalkeeper and one of the plaintiffs in the suit. “We are the best in the world, have three World Cup championships, four Olympic championships, and the [men] get paid more to just show up than we get paid to win major championships.”\\nIssues regarding treatment of the women’s team extend even beyond wage disparity to issues of safety. In December 2015, the U.S. team abruptly canceled a match against Trinidad and Tobago due to poor field conditions. The publicizing of the conditions sparked controversy, with many deeming the field—an old, low-grade artificial turf pocked with sharp stones—to be not only unfit for play, but hazardous to safety. Even when in good condition, artificial turf can be dangerous to the women forced to play on it, causing painful turf burns and delayed injury recovery times. Meanwhile, the men play on natural grass.\\nLast year, several international women’s players sued FIFA over the disparity in field conditions, citing gender discrimination, but ultimately dropped the suit. The U.S. women’s team hopes that their own discrimination suit won’t meet the same fate. Fortunately, attorney Jeffrey Kessler, who filed the USNWT’s complaint, seems confident that the suit has potential.\\n“This is the strongest case of discrimination against women athletes in violation of law that I have ever seen,” Kessler told NBC.\\nThe Equal Employment Opportunity Commission (EEOC) is currently investigating the team’s claims and will release a decision in the coming months. If the suit is successful, according to The New York Times, the plaintiffs could be eligible to receive millions in back pay.\\n“In this day and age, it’s about equality,” Hope Solo said. “It’s about equal rights. It’s about equal pay. We’re pushing for that.”\\nThe international nature of many sports competitions calls attention to the fact that wage inequality in professional athletics is certainly not only a domestic issue. Female athletes around the world are also taking a stand against pay inequality. Indian squash player Dipika Pallikal boycotted the National Squash Championships in 2015 due to the vast disparity in prize money between the male and female categories: the male champion would win 120,000 rupees, while the female champion would receive only 50,000—less than half of the men’s prize.\\n“I feel we deserve equal pay like most of the tournaments which are becoming equal prize money on the PSA professional circuit,” Pallikal said. “I don’t see why there should be a difference between men and women.”\\nThe Australian women’s soccer team also boycotted a tour to the U.S. last year in protest of their pay and conditions, which are a fraction of those allotted to the Australian male team—despite the fact that the Australian women’s team, like the U.S. team, consistently outplays its male counterpart in international competitions.\\n“We are paid a base rate of A$21,000, which doesn’t even reach minimum wage levels,” said Laura Alleway, a defender for the Australian team. “We are paid a part-time wage but are expected to train full time.”\\nThe key question to ask when it comes to wage inequality is why does the disparity remain so vast—especially when it comes to professional athletics? London’s Financial Times reports that the pay gap in professional athletics is “mainly a feature of demand and the marketability of television rights.” As Thomas More Smith of Emory University notes, this lends an advantage to women in sports like tennis, where men and women play side by side in the same environment, and where television rights are often sold as a package. This makes sense with the trends in current wage statistics that we see—but the popularity of women’s sports, and of soccer in particular, looks to be gaining on that of men’s. The U.S. women’s 2015 World Cup victory set a television ratings record in the United States with nearly 23 million viewers, making it the most-watched soccer match in U.S. history. Why, then, are female athletes still so underpaid and underappreciated?\\nJust as in the typical workplace, insidious discrimination plays a crucial role in propagating wage inequality within the professional athletics industry. Perhaps it might even make sense to say that the more successful women’s sports teams become, the more resistance they encounter from men within their sport, and other pay equality opponents. Whatever the reason for this trend, it’s clear that women are not inherently less worthy of compensation and support. The U.S. women’s soccer team has it right in that the wage gap is a reality that needs to be fought—not only on legal grounds, but on ethical ones.","excerpt":"<p>Even in 2016, the gender pay gap is pervasive, stretching across dozens of career fields and affecting millions of women per year in the U.S. and worldwide. Within the workplace, behavioral trends such as mommy-tracking are insidious contributors to discrimination, often placing women in subordinate positions that are not only lower-paying, but also hold less&hellip;</p>\\n"},{"id":7013,"path":"/blog/firm-files-class-action-against-it-firm-for-widespread-wage-violations","slug":"firm-files-class-action-against-it-firm-for-widespread-wage-violations","modified":"2016-03-03T03:40:50","title":"Firm Files Class Action Against IT Firm For Widespread Wage Violations","content":"This week, The Working Solutions Law Firm filed class action and collective action claims against Defendants FDM Group Holdings PLC and FDM Group, Inc. on behalf of all “FDM Consultants” providing professional IT and business services to FDM’s institutional clients. FDM Consultants were unlawfully denied minimum wage, gap time and overtime compensation, subjected to unlawful “kickback” of their earned wages, and deprived of the benefit of lawful record keeping practices in violation of federal and state wage and hour laws. These violations were pursuant to uniform policies and practices, including a uniform Contract of Employment and Training Agreement extended to all members of the Collective Classes and Classes. Putative Class Counsel Christopher Q. Davis intends to certify both a new york class and a nationwide collective class of FDM consultants. For more information, you can review the filed federal court complaint by clicking here: COMPLAINT Filed version or contact Mr. Davis or Rachel Haskell at (646) 430-7930.","excerpt":"<p>This week, The Working Solutions Law Firm filed class action and collective action claims against  Defendants FDM Group Holdings PLC and FDM Group, Inc. on behalf of all “FDM Consultants” providing professional IT and business services to FDM’s institutional clients.  FDM Consultants were unlawfully denied minimum wage, gap time and overtime compensation, subjected to unlawful&hellip;</p>\\n"},{"id":7007,"path":"/blog/fmla-rights-and-how-working-women-can-build-the-job-they-want-part-2","slug":"fmla-rights-and-how-working-women-can-build-the-job-they-want-part-2","modified":"2016-02-15T13:48:18","title":"FMLA Rights and How Working Women Can Build the Job They Want: Part 2","content":"Since 1999, the percentage of women in the American workforce has been steadily decreasing, and rests at just 69% today. In Part 1 of this blog, our firm discussed some of the causes behind this trend, and began a discussion of how American women can combat some of the forces that make it difficult for them to remain in the workplace. Here, in Part 2, we focus on the particular challenges working mothers face at work during pregnancy and the early stages of parenthood. Pregnancy, childbirth, the post-partum period, and early parental responsibilities can negatively impact a working mother’s health and ability to work, but given the right tools, women can secure the accommodations necessary for them to effectively remain in the workplace as new mothers.\\nAccording to the U.S. Census Bureau, there are over 43 million women of working age with children in the United States—and in 2013, 61.7% of all women who gave birth were members of the labor force. Unfortunately, most working women in the United States who plan to have children won’t be covered by the expansive maternity leave and caregiver accommodation policies that are available in many European counties. Women can, however, take full advantage of the policies they do have available to them by using them as starting points for a conversation with their employer about further accommodations for during and after their pregnancy. If you’re a working woman thinking of expanding your family, the caregiver protections you’re given under U.S. state and federal law might not be enough. Particularly if your job is demanding, you may require additional accommodations from your employer in order to make remaining in the workforce a viable option for you—and the only way to get them is to ask.\\nIn this blog, we’ll cover three main areas involved in this process—learning about the accommodation policies available to you, beginning a conversation with your employer, and successfully managing an adjusted or reduced work schedule—with the end goal of helping all working mothers to effectively navigate their role in the workplace while acting as family caregivers.\\nStep One: Get Educated.\\nWhile men and women alike are faced with the difficulty of balancing family obligations with work commitments, the majority of the burden often falls on women, given the increased demands that are placed on them during and immediately after pregnancy. If you’re a working mother facing this challenging situation, your first step is to research the accommodations that are available to you during and after your pregnancy under state and federal law.\\n\\nFMLA Rights\\n\\nThe Family and Medical Leave Act, or FMLA, is the United States’ only federal law designed to help protect working mothers’ rights. All women in the United States are protected under the FMLA, provided that they have worked at the same place of employment for at least 1,250 hours over the past 12 months and do not work for a private-sector company with fewer than 50 employees. Under the FMLA, women can take up to 12 weeks of unpaid, job-protected leave due to a pregnancy or a new addition to the family. There are other medical and family-related conditions that can qualify an employee for FMLA leave as well. For more information on qualifying conditions or other aspects of the FMLA, you can view our “FMLA FAQs” blog here.\\n\\nState Rights\\n\\nAside from the FMLA, women can also look to state and local laws governing maternity leave and caregiver accommodations. Because the United States has fallen behind as European countries move to enact more comprehensive maternity leave laws, many states are taking the lead on expanding rights for working mothers. Some states, including New York and New Jersey, have enacted laws that guarantee certain benefits for working mothers, such as paid leave. In December 2015, New York mayor Bill de Blasio announced a new parental leave policy for New York City employees. Approximately 20,000 workers in New York are covered by the new policy, which guarantees six weeks of paid leave at 100% salary for new mothers and fathers, and up to 12 weeks total when combined with existing leave.\\n“Too many new parents face an impossible choice, taking care of their child or getting their paycheck,” de Blasio said. “This is a common-sense policy that will make for healthier and more financially stable working families, making it good for employees and employers.”\\nNew York and New Jersey are also among the states that provide short-term disability accommodations to employees who are temporarily unable to work for any medical reason, including pregnancy. In other words, New York and New Jersey, unlike most states, recognize pregnancy as a temporarily disabling condition sufficient to qualify for disability insurance benefits. New York state law requires employers to provide up to 26 weeks of short-term disability insurance to these employees within a period of 52 consecutive weeks, which provides the employees with partial wage replacement—usually 50% of their wages—during the weeks they are unable to work.\\nWhile New York is not one of the states that requires employers to provide parental leave, some New York employers choose to offer extended leave or additional caregiver accommodations as a benefit to their employees. You can check with your place of employment to see whether any of these protections are available to you.\\n\\nAnti-Discrimination Rights\\n\\nOne additional issue that working mothers may encounter is discrimination due to their maternity or caregiver status. At the beginning of 2016, New York City passed a new law that expands the protections of the NYC Human Rights Law to people with full-time care responsibilities for family members. Caregiver status is now included as a protected class under New York City law, alongside other protected categories like race, religion, national origin, and criminal history. Employers may not discriminate against employees on the basis that they belong to any of these protected classes. According to the NYC Human Rights Law, a caregiver is a person who “provides direct and ongoing care for a minor child or a care recipient,” a definition that broadly covers working mothers and fathers.\\nFederal law and many states, including New York, also prohibit a form of disability discrimination known as “associational discrimination,” which extends to working parents who are caring for a disabled child. The disability may be permanent, but the protection from discrimination also extends to workers caring for those who are temporarily “disabled,” e.g. incapacitated by a short-term illness like the flu. Thus, under New York law, working parents must be accommodated if they need time off to care for a permanently or temporarily disabled or ill child, including time needed to take children to doctors’ appointments during the workday. Other states or municipalities may extend additional anti-discrimination protections to parents caring for an incapacitated child.\\nStep Two: Discuss Accommodations with Your Employer.\\nOnce you know what caregiver accommodations you’re entitled to under state and federal law, you can determine what other allowances you might need in order to continue working after your return from maternity leave. These might include shorter hours upon your return, the ability to telecommute or work from home, or an extra week of leave after your FMLA or employer-sanctioned leave ends.\\n\\nCommunicate with your employer.\\n\\nTypically, it’s best to initiate a conversation with your employer soon after you first anticipate the need to take parental leave. The dialogue should be ongoing; don’t expect to discuss your maternity leave and its aftermath only once in a single conversation. Particularly if you feel that you’ll need further accommodations beyond what will be provided to you, be open to having a frank discussion with your employer. Discuss what women at your workplace have done in the past to re-integrate themselves into their positions after maternity leave. Remember that it’s in your employer’s best interest to give you the tools you need to remain an effective employee.\\n\\nKnow what you want.\\n\\nIf you plan to ask your boss for temporary or permanent caregiver accommodations upon your return from maternity leave, plan carefully for that important conversation. Don’t shy away from asking for what you want—remain firm, but also know where you’re willing to be flexible. Ask other women or former employees at your workplace about their experiences returning to work after parental leave. Were they able to secure fewer hours, or become part-time employees? Do they believe your employer would be open to you working a four-day workweek, or telecommuting? Determine what accommodations you think are reasonable, and stick to them. Have a plan in mind for how your new work schedule will look, and express it to your employer in detail—you may also wish to suggest a trial period so your employer can see whether your plan is feasible. How many hours will you work, and when? Will it be temporary or permanent? Back up your request with as much information as you can—your boss will thank you, and you will likely have a greater chance of securing the accommodations you want.\\n\\nBrush up on your negotiation skills.\\n\\nEven though it’s in your employer’s best interest to accommodate you when you ask for post-leave schedule adjustments—as long as your work quality doesn’t drop—some employers may be wary of adjustments, fearing that you’ll be less committed or will get less done. If your request for schedule flexibility is met with reluctance or resistance, you’ll need to draw on your negotiation skills to improve your chances of securing accommodations. Employers will appreciate a reminder of your worth to the company, in the form of past accomplishments, numbers, and statistics about your achievements. You may be able to use examples to argue effectively about how the accommodations you want will improve or ensure your productivity. Several of our firm’s past blogs, including Know Your Worth: Tips and Tricks for Negotiating a Raise and Women in the Workplace: Pushing for Pay Equality include some helpful tips on negotiation strategies.\\nStep Three: Remain Effective in Your New Capacity.\\nSo, your accommodation negotiations were successful—you’re now working reduced hours, employed part-time in your position for the foreseeable future. What now?\\n\\nStay connected.\\n\\nIf you’re spending less physical time at your workplace, or are frequently in and out throughout the day, it’s important that you maintain a consistent connection to your employer, colleagues, clients, and anyone else you might need to communicate with to do your job effectively. Especially with young children at home, it’s tempting to check out of the workplace completely when you leave—and for some jobs, this undoubtedly is possible. But if your job is heavy on communication, you should make an effort to stay up-to-date via phone or email interactions when possible. Let your colleagues and/or clients know when you’re available to be reached outside of the office. Consistency in your communication can help make your transition a more seamless one.\\n\\nProtect your work relationships.\\n\\nYou might be spending much more time out of the office, or perhaps your employer has excused you from meetings and other “lower-value” workplace activities in favor of other responsibilities that involve less facetime with your colleagues. Make a concerted effort not to let your workplace relationships fade, even though you’ll likely be busy and overwhelmed. Staying engaged with your workplace community is a good way to continually demonstrate your engagement with and dedication to your job.\\n\\nStay focused and flexible.\\n\\nJust because you’ve been given caregiver accommodations doesn’t necessarily mean that you’re working any less hard—the work that you do get done might just be completed more efficiently. Being a working mother is still a balancing act, but hopefully, with your employer’s support, you can find a strategy that works best for both of you. Remain mindful of all of your responsibilities, and try not to be too rigid if your routine must be adjusted. Let your employer know when you need a break, but also emphasize that you’ll go the extra mile if need be. In the end, being a working mother is just that—a balancing act. But if you can navigate the road to becoming one, you’ll doubtless be able to work through the challenges that arise.","excerpt":"<p>Since 1999, the percentage of women in the American workforce has been steadily decreasing, and rests at just 69% today. In Part 1 of this blog, our firm discussed some of the causes behind this trend, and began a discussion of how American women can combat some of the forces that make it difficult for&hellip;</p>\\n"},{"id":6995,"path":"/blog/fmla-rights-and-how-working-women-can-build-the-job-they-want-part-1","slug":"fmla-rights-and-how-working-women-can-build-the-job-they-want-part-1","modified":"2016-02-06T00:27:39","title":"FMLA Rights and How Working Women Can Build the Job They Want: Part 1","content":"It’s no secret that women in the workforce endure a set of difficulties distinct from those that men do—and that the problems women face have vast implications for their lives both within and outside of the workplace. In particular, in New York and the United States at large, the choice to start a family can have drastic and lasting consequences for a woman’s career.\\nWithout having done much research, one might assume that the United States is a country with one of the highest employment rates in the world for women. Several decades ago, this was in fact the case. However, after a 60-year climb, the percentage of American women in the workforce reached its peak in 1999. Since then, it has fallen from 74 percent to 69 percent today among women ages 25 to 54. Why is this happening?\\nRecently, the New York Times reported on these employment trends for women in the United States, attributing the fall in the number of working women to several causes— including the weakening of America’s economy in the past decade, and its failure to keep up with the expanding and more comprehensive social policies in European countries.\\nIndeed, compared with our European counterparts, the United States is decidedly behind the curve with respect to medical and family leave-related social policies, including those that pertain to expectant mothers. A report by the International Labor Organization (ILO) found that at least 178 countries around the world guarantee paid leave for working mothers, while more than 50 countries also provide wage benefits for fathers. Shockingly, the United States is one of just a few countries in the world that does not provide any type of financial support to mothers who take maternity leave—whether in terms of paid leave or subsidized childcare. According to the ILO’s report, nearly all of the states within the United States received “a failing grade in providing women and new mothers support entering motherhood.” As the New York Times notes, “there is a dearth of programs and policies in the United States to support women in their prime career and childbearing years.”\\nCertainly, this lack of support for working mothers is a key factor in the rising tendency of American women to leave the workforce. According to a New York Times/CBS News/Kaiser Family Foundation poll of nonworking adults aged 25-54, 61% of women said that family responsibilities were a reason that they weren’t working. The New York Times reported that “of women who identify as homemakers and have not looked for a job in the last year, nearly three-quarters said they would consider going back if a job offered flexible hours or allowed them to work from home.” Unfortunately, while individual employers may offer discretionary accommodations like these, there is no federal law in America that enforces these protections. But women may be able to take advantage of the laws that do exist in order to advocate for the employment conditions that will allow them to remain in the workforce as working mothers. These include both state and federal-level social policies pertaining to medical and family-related leave.\\nWhile most European countries are implementing a rising number of protections for working mothers, the United States’ policies have stagnated. The Family and Medical Leave Act, or FMLA, is the only federal law that is geared towards providing accommodations for working mothers. The National Partnership for Women and Families describes the FMLA as “the nation’s first and only national law designed to help Americans meet the dual demands of work and family.” Implemented in 1993, the FMLA has been enforced by women over 200 million times, but it has neither changed in the past two decades nor been supplemented by additional laws protecting working women. It remains the only federal protection for women starting families within the American workforce—but it can also serve as a stepping stone for women to initiate discussions with their employers about accommodations during and after their pregnancy.\\nUnlike the national laws enacted in most European countries, the FMLA does not provide paid leave. Rather, it requires certain employers to guarantee unpaid, job-protected leave for up to 12 weeks in the event that an employee has a qualifying condition. According to the Department of Labor, the official guidelines for qualifying conditions include the birth of a child and/or the adoption or fostering of a child. The 12 weeks of job-protected leave is meant to allow sufficient time for mothers—and sometimes fathers—to bond with their new addition to the family. Pregnancy itself is also included as a qualifying condition when an employee is rendered medically unable to work because of conditions related to the pregnancy. But for many women, those 12 weeks aren’t enough. It’s often uncomfortable to leave a child so young in daycare and return to work full-time—so women are left with two decisions. Either drop out of the workforce, or attempt negotiations with their employer.\\nThough it doesn’t provide maternity leave protections on the same scale as laws in other countries do, the FMLA can be very valuable to women insofar as it provides them with an opportunity to discuss their needs as working mothers. Caregiver accommodations—like the ability to work shorter hours, and other schedule modifications—are not available under the FMLA generally, but women can and should bring up the possibility of future accommodations to their employer. After the three months of leave guaranteed by the FMLA, women can ask for a further transitional period or permanent changes to their work routine in order to help them cope with new familial responsibilities.\\nIn the past, our firm has provided guidelines on how to navigate the FMLA here and here. Typically, we recommend that women bring up FMLA leave to their employers well in advance of the time they intend to take it. Beginning the discussion early on in the process leaves ample room for women to continue the conversation and discuss the potential of further accommodations following their maternity leave. Many employers are sympathetic to working mothers’ situations and will take steps to ensure that their employees can continue to work effectively while balancing a family.\\nIt is worth noting that a growing number of corporations—especially tech companies like Facebook and Google—are moving towards implementing parental leave policies that closely mimic those advanced by European countries. In November 2015, Facebook expanded its four-month paid parental leave plan to all of the company’s employees worldwide. At Google, new mothers enjoy nearly six months of paid leave. And at Netflix, new parents have unlimited paid parental leave for up to one full year.\\nThis trend of tech companies implementing paid leave reflects the increasing commonality of accommodations made towards women in the hopes of keeping them in the workforce post-maternity leave. It’s important to recognize that often, employers want to accommodate their employees when it comes to caregiver responsibilities. Not only do poor parental leave policies culminate in a talent retention issue, but they also can impede productivity for those employees who do choose to stay on full-time without accommodations, despite an increased workload at home. Dr. Jeff Hill, a former human resources manager at IBM, states, “We’ve seen that employees’ productivity goes way up” after switching to part-time work, since employees are “more results-oriented.” Indeed, stronger parental leave policies can benefit both the employee and employer alike.\\nDespite knowing that employers will likely be receptive to requests for caregiver accommodations, many working women may still balk at the prospect of asking for further allowances following their three months of unpaid FMLA leave. We recognize that for many, making these types of requests is a sensitive issue that requires guidance. In Part 2 of this blog, our firm will provide tips and recommendations for requesting caregiver accommodations, and advice on how to get the most out of your career as a working mother.\\nIf you’d like more information on requesting and obtaining FMLA leave, believe that you are the victim of an FMLA violation or maternity-related discrimination, or suspect that your rights as a working mother have been otherwise violated, please get in touch with our firm at (646) 430-7930, or fill out a consultation form here for a free and confidential case evaluation.","excerpt":"<p>It’s no secret that women in the workforce endure a set of difficulties distinct from those that men do—and that the problems women face have vast implications for their lives both within and outside of the workplace. In particular, in New York and the United States at large, the choice to start a family can&hellip;</p>\\n"},{"id":6991,"path":"/blog/the-momentum-of-silence-a-case-study-emphasizes-the-explosive-impact-of-tolerating-sexual-harassment","slug":"the-momentum-of-silence-a-case-study-emphasizes-the-explosive-impact-of-tolerating-sexual-harassment","modified":"2016-01-29T10:26:40","title":"The Momentum of Silence: A Case Study Emphasizes the Explosive Impact of Tolerating Sexual Harassment","content":"When Jane’s phone buzzed, she knew that it would be her boss. Sure enough, he had texted Jane on her personal line, asking her to come by his office before lunch. No matter what her boss needed, he always seemed to require Jane’s physical presence. He’d stand too close to her, quickly telling her whatever information he’d called her in for, and then transition to asking probing questions about Jane’s personal life.\\nIt didn’t seem like enough to complain about, even though it made Jane uncomfortable. She needed to keep her job, and her boss didn’t make her feel threatened, necessarily. A report to HR was probably unnecessary. Maybe he was just too friendly. Maybe he was paying her extra attention because she’d been doing good work.\\nNot wanting to make trouble, Jane never mentioned her boss’s behavior to any of her coworkers. She had no way of knowing that they, too, were enduring the same things she was.\\nDo you know someone who has endured something similar—or have you? A repressive workplace culture can be damaging to employees in need of a voice and remedies for unfair treatment, violations of the law, or violations of workplace policies. This is particularly so in the case of sexual harassment, where tacit consent to harassing behavior may encourage or even worsen the problems for others in the workplace. Often, employees facing sexual or other forms of harassing behavior from coworkers, supervisors, or bosses see putting up with the behavior as their only option. As with Jane, employees might never realize that they aren’t the only targets of the harassment—it simply may never cross their mind. When faced with the possibility of backlash—potentially in the form of a poor performance review, a demotion, or even a termination—making an internal complaint, no matter how meritorious or sensibly stated, is often less appealing than tolerating the inappropriate behavior. These powerful deterrents against accountability for sexual harassment in the workplace have consequences for other women, including the next generation of young professionals entering the workforce for the first time. A culture of silence can be a quietly insidious force within a company that causes the problem to gain momentum over time—similar to a hurricane that gains strength before making landfall.\\nA recent case highlights both the magnitude of this problem and the explosive consequences of excessive tolerance. In December 2015, a D.C. public relations firm called FitzGibbon Media faced a sudden shutdown after its president, Trevor FitzGibbon, was accused of sexual harassment. In a period of days, a group of the firm’s female staffers and clients alike became aware of each other’s similar complaints of sexual harassment against FitzGibbon, and came forward. The Huffington Post reported that “the pieces of FitzGibbon’s behavior started to come together during a staff retreat.”\\nIn a joint statement, former FitzGibbon media staffers said that female employees “reported over a half dozen incidents of sexual harassment and at least two involving sexual assault committed by Trevor FitzGibbon against his own employees.”\\nIronically, FitzGibbon and his firm worked with numerous progressive organizations, including NARAL, the ACLU, MoveOn, and the Center for American Progress.\\n“For decades, Trevor presented himself a champion of the progressive movement, claiming to support and respect women and feminist issues, from equal pay to reproductive rights, but his actions prove a hypocrisy so great that FitzGibbon Media closed its doors today, as we could no longer continue working under his leadership,” the firm’s December 17 statement continued.\\nFitzGibbon’s harassing behavior came to light when journalist Sierra Pedraja of Austin, Texas sought a full-time position at FitzGibbon Media. A friend who worked for the company had put her in touch with Trevor FitzGibbon to discuss her potential employment when he was in town for the December staff retreat, which brought together employees from all the firm’s offices.\\nMs. Pedraja sent FitzGibbon her cover letter and resume, but when they met that evening in the hotel where the firm was staying, she had to press FitzGibbon to get him to talk to her about the position. Reportedly, FitzGibbon told Ms. Pedraja that “since he owned the firm, he could hire anyone he liked.” He asked whether Ms. Pedraja was open to “having any fun” while he was in town, and later asked if she wanted to meet him alone at the hotel. Ms. Pedraja declined, accepting that she would not get the job.\\n“I was very eager to get a job, and he used that to his advantage,” said Ms. Pedraja. “He tried to make me feel very uncomfortable. He made it seem like I owed him these things to get the job… I was not entertaining it at all. I didnt ask for it.”\\nMs. Pedraja shared what had happened with several FitzGibbon Media employees, who began to share stories amongst one another and realized that there was a pattern of sexual harassment. Multiple women reported that FitzGibbon “often became uncomfortably physical,” asked for hugs, requested pictures of them, and invited them to his hotel room while on business trips.\\n“I couldnt speak up because I was afraid of retaliation,” said one anonymous female staffer, explaining that she never revealed the harassment she experienced for fear of getting fired.\\nA former FitzGibbon Media client also reported that she had been “coaxed to a hotel room and groped” by FitzGibbon, who allegedly entered the room and grabbed the client’s breast while she was on a business phone call. FitzGibbon faces at least two allegations of assault.\\nThe lesson for employees—like Jane Doe—is that even moderately inappropriate or uncomfortable behavior by fellow employees is often a sign of a larger issue. No amount of sexual harassment is ever acceptable, whether within or outside of the workplace. But sexual harassment adds an increased measure of vulnerability in the workplace, since employees fear backlash for reporting—or even discussing—the behavior that they have experienced. Particularly if the harasser is a figure of authority, it is difficult for employees to speak out. But, critically, failing to do so can compound the issue and worsen it, not only for oneself, but for other employees as well. The high stakes involved make it even more critical that sexually harassing behavior is stopped before it progresses. It’s up to both the victims and observers of harassment—male and female alike—to ensure that harassment is recognized as having no part in the workplace, in New York, or anywhere else.\\nThis is no easy task, and under-reporting is certainly understandably human; however, even for those who ultimately choose not to challenge sexual harassment, the experience of the women at FitzGibbon Media corroborates the fact that there are benefits to simply speaking with other women in the workplace about harassing behavior. Collective and open communication—challenging the silence—can be personally empowering. It is not uncommon, in the context of these conversations, for an alliance to develop that protects those women who do not wish to come forward, with the understanding that at a later point, if push comes to shove and a lawsuit is filed, they would be willing to come forward if subpoenaed or otherwise compelled to testify. A subpoena or compelled deposition is often excellent protection for women who do not wish to come forward otherwise.\\nThe future for members of FitzGibbon Media is uncertain, but for now, the firm’s employees know that they are out of jobs, and, as of January 2016, out of benefits. Nearly 30 employees were left hanging, suddenly unemployed just before Christmas without having been given bonuses or even severance pay. Trevor FitzGibbon’s abrupt resignation also meant the end of the company’s work, stopping a successful, progressive firm in its tracks just barely into its fifth year of operation. The sudden collapse of FitzGibbon Media is clear evidence that sexual harassment is a bottom-line issue that negatively affects not only employees, but the financial health of the company itself—and in this case, its very existence.\\nThe question which employers and employees who face a culture of silence and the threat of ongoing incidents of sexual harassment ultimately must answer is “how much am I willing to accept before it becomes too much?” The best approach to answering this question, in the experience of the attorneys at this firm, is to answer the question by imagining a loved one enduring the same—would I advise my wife to tolerate this? My daughter? This exercise makes the consequence of one’s own tolerance of sexual harassment stand out in stark relief. This may create some motivation, but don’t expect an empowering moment—it is often followed by fear, intimidation, confusion, and pain. So the first step in your plan should be to speak with others in the workplace whom you trust, or others in your family, and then seek a free confidential consult from an attorney and build your own momentum. Your voice will matter to someone, and may have beneficial consequences for other women facing sexual harassment in the workplace—all daughters, wives, and loved ones, all human and deserving of better treatment—who will benefit from the impact of your decision to tell your story.","excerpt":"<p>When Jane’s phone buzzed, she knew that it would be her boss. Sure enough, he had texted Jane on her personal line, asking her to come by his office before lunch. No matter what her boss needed, he always seemed to require Jane’s physical presence. He’d stand too close to her, quickly telling her whatever&hellip;</p>\\n"},{"id":6987,"path":"/blog/mommy-tracking-learning-from-one-womans-story","slug":"mommy-tracking-learning-from-one-womans-story","modified":"2016-01-15T22:17:02","title":"“Mommy Tracking”: Learning from One Woman’s Story","content":"Kelley Voelker worked at Deutsche Bank for 14 years without a promotion. A vice president with the bank’s securities lending desk in New York City, she was a competent and reliable employee, consistently earning good performance reviews. Yet despite her strong qualifications, she remained in the same position year after year, stagnating. Her lack of promotion wasn’t because of her experience; it wasn’t because of her commitment. It was, Ms. Voelker claimed, because she was “mommy-tracked.”\\n“Mommy tracking” is a passive-aggressive (and sometimes plain aggressive) form of discrimination against women in the workplace. It refers to the phenomenon of employers making employment decisions that favor male employees, and occasionally childless female employees, over female employees with children. Like in Ms. Voelker’s case, women with children are often passed over for promotions or denied positions with higher responsibilities—and by extension, higher pay. Childless women, too, may even find themselves subject to corporate decisions based on the assumption that they plan to have a family at some point in the future. Even more troublingly, new mothers may be edged out of their positions after returning from maternity leave, or forced to relinquish some of their job duties—a form of discrimination which Ms. Voelker also experienced. She claims that the workplace climate she faced after returning from her last maternity leave was a driving factor behind her decision to file a lawsuit against Deutsche Bank in 2011 for pregnancy discrimination.\\nIn her complaint, Ms. Voelker spoke of a number of factors which contributed to what she referred to as a “hostile and degrading” atmosphere towards women in the company. Particularly in the New York financial industry, employees are subject to high demands and are pressured to take long hours—something that Ms. Voelker’s work supervisors evidently did not believe her capable of doing as a working mother. Ms. Voelker claimed that ever since her first maternity leave in 2003, her supervisors “never took her seriously because she was a woman starting a family, and this was seen as a huge negative within the company.” She felt that her male colleagues alienated and disrespected her, asking her questions such as “When is your husband gonna get it together so you can stay home with the kids?” One of Ms. Voelker’s superiors “expressed his doubts” that she would return to the company after her first maternity leave, and even after her final leave in 2010, Ms. Voelker was met with a “chilling welcome” and was immediately pressured to take on a more flexible, reduced role—despite the fact that she had continually asserted her desire for a long-overdue promotion.\\nFurther compounding the issue, Deutsche Bank fired Ms. Voelker in 2012, one year after she filed her discrimination lawsuit. She was the only member of her 500-person team to be let go as part of a “reduction in force.” Ms. Voelker asserted that the bank lacked justification for her dismissal, and claimed that she was fired in retaliation for her discrimination complaint after a lengthy “campaign of behavior by company management to sideline her and induce her resignation.”\\n“I worked extremely hard and, as a working mom, I sacrificed so much. I just wanted to be treated equally and no different than my male colleagues,” Ms. Voelker told ABC News shortly after filing the suit. After a more than 4-year dispute, Deutsche Bank and Ms. Voelker were able to reach a settlement in the case on December 22, 2015.\\nUnfortunately, not all women’s stories of mommy-tracking will have the same happy ending. Working mothers who are attempting to begin or preserve their employment, particularly in fast-paced, high-pressure work environments like those of New York City’s financial industry, are all likely to face some form of backlash for their choice. Gender discrimination is not always immediately obvious: it can begin slowly, with offhand comments and casual assumptions, but may quickly escalate into full-blown criticism and harassment.\\nMany women with families simply ignore discriminatory treatment at work, choosing to avoid embroilment with coworkers and their HR department. But small conflicts can quickly grow into large ones if not dealt with. Women who don’t report mommy-tracking may fear retaliation from their workplace for speaking up, much like what Kelley Voelker endured. Although retaliation for reporting gender discrimination—or for requesting FMLA leave—is legally actionable, most women who suspect that their workplace will retaliate don’t want to risk losing their jobs or face a potential legal battle. Therefore, if a conflict is small enough to ignore without much consequence, it’s tempting to do just that. All New York women should be aware, however, that taking action in any form can greatly benefit them in the long run.\\nAccording to workplacefairness.org, women with children are 79% less likely to be recommended for hire, 100% less likely to be promoted, and are generally offered salaries at least $10,000 less than what “a similarly situated male” would be offered for the identical position. Knowing this information, here are some steps that mothers can take to fight workplace inequality and overcome “mommy-tracking.”\\n\\nMothers seeking to preserve their employment during pregnancy or after returning from maternity leave should take care to document every instance of discrimination or mommy-tracking behavior that they encounter—whether or not they choose to immediately make a report. It is critical to keep track of any form of discrimination or harassment, however small or inconsequential it might seem. Record the date, time, and place of the incident, and note what was said and who was present.\\nDuring pregnancy and following maternity leave, women should keep detailed notes on their work performance, recording the work that they have completed (with quantitative information where possible), supervisors’ comments and feedback, and any job evaluations they have had. In the event that your employer retaliates against you for being a working mother, it is important to have proof that your job performance was not a legitimate cause for termination (as your employer may claim it was).\\nWorking mothers seeking to be hired at a new job should expect inadequate salary offers and prepare themselves to respond. By carefully researching the salary guidelines for the position they are applying to and practicing negotiation skills, they can make it much more difficult for an employer to justify an unfair salary offer.\\nLearn about your rights under the Family and Medical Leave Act (FMLA). This is a federal law designed to protect employee rights during a medical or family-related situation that necessitates leave from work—including pregnancy. Information about the FMLA from our firm, and tips about dealing with potential violations, can be found here and here.\\nKnow that there are multiple avenues through which you can file a complaint pertaining to mommy-tracking. When it comes to discrimination or harassment, steps can often be taken to resolve the issue internally. If your company has an HR department, you might start there. If you belong to a union, you can speak to your representative and file a grievance. If the discrimination is systemic, with your boss or a superior at the source of the problem, or if your complaint centers around employment discrimination (i.e. you were denied a deserved promotion or passed over for a raise), you may want to file a report with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency in charge of enforcing many anti-discrimination laws—including the Pregnancy Discrimination Act, part of the Civil Rights Act of 1964.\\n\\nFinally, you have the option to hire an attorney and pursue legal action against your company, as Kelley Voelker did. No woman should feel unwelcome, alienated, or discriminated against in the workplace, and especially not for her decision to become a working mother. The Working Solutions Law Firm has extensive experience dealing with discrimination and retaliation cases in New York City, including those involving pregnancy discrimination, FMLA violations, and discrimination against working mothers. We are available at any time to assist you with any questions you might have about “mommy tracking” and gender discrimination in the workplace. If you suspect that you or someone you know may have been the victim of New York workplace discrimination or retaliation due to pregnancy or motherhood, please contact our offices at (646) 430-7930 or fill out a contact form here. We are happy to provide free consultations to all of our potential clients.","excerpt":"<p>Kelley Voelker worked at Deutsche Bank for 14 years without a promotion. A vice president with the bank’s securities lending desk in New York City, she was a competent and reliable employee, consistently earning good performance reviews. Yet despite her strong qualifications, she remained in the same position year after year, stagnating. Her lack of&hellip;</p>\\n"},{"id":6973,"path":"/blog/spotting-illegal-pay-deductions-tips-for-salaried-employees","slug":"spotting-illegal-pay-deductions-tips-for-salaried-employees","modified":"2015-12-18T16:36:08","title":"Spotting Illegal Pay Deductions: Tips for Salaried Employees","content":"It’s 1:30 on a Thursday afternoon. You haven’t felt well all day, and now, ever since lunch, you’ve had a pounding headache. None of your work is getting done, and all you want is to go home and sleep—or maybe go to the doctor. You decide to pack up and leave work early, getting some much-needed rest. But the next day, when you receive your paycheck, you see that your employer has deducted several hours’ worth of pay due to your afternoon absence. “Fair enough, that makes sense,” you think. But in some cases, this type of pay deduction is actually illegal.\\nMost jobs are governed by the Fair Labor Standards Act (FLSA), an important federal labor law. Employees whose jobs are covered by the FLSA are classified as either “exempt” or “non-exempt” employees. Non-exempt employees are not exempt from coverage under any of the FLSA’s provisions, including its rules regarding overtime pay. Exempt employees, meanwhile, are excluded from coverage under the FLSA’s overtime rules, and their payment is handled differently. While this means that exempt employees are not eligible for overtime pay, there are other rules that come into effect regarding their compensation. One of these rules makes it illegal for employers to dock exempt employees’ pay for any reason.\\nSo, how can one determine one’s exemption status? In order to be considered “exempt,” an employee must meet three different requirements: first, they must be paid at least $35,568 per year ($684 per week); second, they must be paid on a salary basis; and third, they must perform exempt job duties. These duties are considered relatively high-level work, and typically belong to job categories involving “executive,” “professional,” or “administrative” work. No matter what your job title, it is the duties that you perform which really matter. Supervisory or management positions, highly trained, academic, or very intellectual jobs, and some upper-level administrative positions are some examples of typically “exempt” positions. Outside sales professionals, who call on customers outside the office, are also exempt employees.\\nIf, as an exempt employee, you ever find yourself in a situation like the one discussed above, you should be aware that employers are simply not allowed to dock your pay for leaving work early because of illness—nor for any other reason at all. If you have an appointment, a commitment, an outside meeting; if you need to pick up your children from school early or take care of a sick friend or family member; even if you simply are tired of working and decide at 10 a.m. that you need the rest of the day off—it doesn’t matter. As long as you show up to work that day (or do anything work-related, as a remote employee), your employer may not legally refuse to pay you for the hours you take off from work.\\nFurther, an employer may not make deductions from an exempt employee’s pay even if the absence is due to the operating requirements of the business, or is otherwise out of the employee or employer’s control. No matter the circumstances, if you are ready, willing, and able to work, your employer must pay you for a typical day’s work, even when no work is available.\\nIf your employer does illegally deduct your pay in a given week, he or she is effectively treating you as a non-exempt employee, rather than an exempt one. Since employers are ultimately the ones determining their employees’ exemption status, based on job duties and other factors, this change in status is legally binding. So, if your employer is treating you as non-exempt in one way (e.g. docking your daily pay), he or she must treat you as non-exempt in every way. You’re now no longer exempt from the overtime pay regulations required under the Fair Labor Standards Act, and your employer must start paying you time-and-a-half for every hour over 40 that you work each week. But that’s not all! By docking your pay and thereby reclassifying you as a non-exempt employee, your employer becomes responsible for back overtime pay, which can easily amount to thousands of dollars—good for you, but bad for them. Employers’ attempts to save a few dollars by docking your pay one day can quickly backfire.\\nDespite this, while employers can’t legally refuse to pay you for leaving work early as an exempt employee, remember that they do still have the right to discipline you in other ways. You could be demoted, docked vacation time, or even fired if the transgression is severe. Additionally, remember there are some scenarios where pay deductions for exempt employees are legal (for full days of work only, not partial days). They include:\\n\\nWhen an employee is absent from work for one or more full days for personal reasons other than sickness or disability;\\nFor unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions;\\nFor unpaid leave taken by the employee under the federal Family and Medical Leave Act (FMLA).\\n\\nA complete list of permissible pay deduction scenarios can be found on the U.S. Department of Labor website.\\nIf you have any questions about your status as an exempt or non-exempt employee, about the Fair Labor Standards Act, or about your rights regarding wage and hour laws, please feel free to contact the Law Office of Christopher Davis at (646) 430-7930.\\nIf you believe that your employer may have illegally docked your pay, whether the issue is ongoing or in the past, we’d like to help you. Please call our office at (646) 430-7930, or fill out our contact form here. We would be happy to offer you a free case evaluation.","excerpt":"<p>It’s 1:30 on a Thursday afternoon. You haven’t felt well all day, and now, ever since lunch, you’ve had a pounding headache. None of your work is getting done, and all you want is to go home and sleep—or maybe go to the doctor. You decide to pack up and leave work early, getting some&hellip;</p>\\n"},{"id":6969,"path":"/blog/hiring-discrimination-a-fair-chance-for-applicants-with-a-criminal-history","slug":"hiring-discrimination-a-fair-chance-for-applicants-with-a-criminal-history","modified":"2015-12-11T15:47:38","title":"Hiring Discrimination: A Fair Chance for Applicants with a Criminal History","content":"Issues involving discrimination are some of the most common in employment law. Employment attorneys in New York City frequently see cases involving prejudice and unfair treatment in the workplace, often stemming from discrimination based on race, sex, ethnicity, or national origin. Employees can be penalized or even fired as a result of discriminatory attitudes. However, in some cases, discrimination can occur before an employee is even hired—and discrimination in the hiring process is illegal, just as workplace discrimination is.\\nThough hiring discrimination based on characteristics such as race or age might be more evident or more easily recognized, less obvious sources of discrimination are equally problematic—and sometimes even more so. In particular, job applicants in New York City who have a criminal record often struggle to find employment—no matter what their charges or how long ago they committed the crime. Employers may feel more justified in denying a position based on an applicant’s criminal history than on other personal characteristics, and sometimes even reject such candidates outright. However, this reality does not change the fact that it’s illegal to be denied a job on the basis of your criminal record.\\nRecognizing a damaging trend in hiring discrimination for applicants with a criminal history, officials in New York City passed a new law in October 2015, called “The Fair Chance Act,” which adds extra protections for candidates with a criminal record when they begin to seek a new job. Before the law was enacted, New York State law already mandated that employers could not use unrelated convictions in determining an applicant’s suitability for a position. But nothing prevented employers from refusing to consider applicants with any type of criminal history, regardless of their conviction’s relevance to the position sought. The Fair Chance Act was implemented in an effort to remedy criminal record discrimination and give qualified applicants—as the name suggests—a “fair chance” at gainful employment.\\nAs of October 27, 2015, thanks to the Fair Chance Act, employers in New York City are banned from asking about an individual’s criminal history on job applications or during interviews. If you, as a new job applicant, encounter any questions that explicitly ask, or even simply hint, about your criminal history, be forewarned—this is illegal! You are not obligated to disclose your criminal history status at any point during the application process. The Fair Chance Act also bans job advertisements which suggest that those with criminal records are not welcome to apply, ultimately attempting to remove the discourse of criminality from the hiring process entirely. These efforts have meaningful impact, not only practically, but psychologically, for individuals who are stigmatized for their criminal histories.\\nFurther, the Fair Chance Act dictates that an employer in New York City can ask about your criminal record or run a background check only after you have already been issued a conditional job offer. If your offer is then revoked, and employment is denied for reasons based on your criminal record, the employer must issue a statement in writing explaining the decision. Their reasoning must be justified, meaning that they must demonstrate how your criminal record explicitly relates to your job duties or creates security concerns. If the employer fails to do this, their actions are still considered illegal criminal history discrimination. Even if they do provide adequate reasoning, employers are still obligated to hold the job position open for three days to give you an opportunity to respond, discuss, or contest the issue.’\\nAccording to the Fair Chance Act’s website, New York City is the latest addition to a growing number of states, cities, and counties that have instituted fair chance policies. Such laws are sometimes also called “Ban the Box” initiatives, since they outlaw the checkbox on job applications that is meant to indicate whether a candidate has any criminal convictions. In New York, the new law applies to all employers with four or more employees, and, in some states, the policy is expanded to all public and private employers. In New York City specifically, companies must follow the anti-discrimination policy not only when hiring employees, but also when firing them, and when demoting or promoting them. The law adds new protections, but also assists employers in complying with existing law, reducing legal liability. The Fair Chance Act is endorsed as a “best practice” by the U.S. Equal Employment Opportunity Commission, as well as the Department of Labor’s Office of Federal Contract Compliance Programs, for the steps it takes to combat discrimination while simultaneously protecting employers.\\nWhile only 20% of states in the U.S. have enacted statewide fair chance policies, awareness is expanding, particularly as more people begin to recognize just how damaging criminal history discrimination can be. More than five million workers in New York have some type of criminal record—meaning that about a quarter of the state’s population could potentially face hiring discrimination. The NYC Fair Chance Act simply seeks to “remove barriers to success for people who are qualified to work.” The benefits of the law are manifold: Not only does employment correlate with lower rates of recidivism (meaning that those with a criminal history are much less likely to commit additional crimes), but when the option to automatically disregard applicants with criminal records is removed, employers open themselves up to a much greater variety of qualified candidates. Ultimately, the Fair Chance Act ensures that “all public and private employers are considering applicants based on their skills, experience, and qualifications before weighing whether their conviction history is relevant.”\\nIf you are a job applicant with a criminal record, and have been denied employment due to your criminal history, the Working Solutions Law Firm can help. The Fair Chance Act prevents employers from discriminating against you at any point in the employment process—not only during hiring interviews or in job applications, but also during reviews for promotions or demotions. If you have any doubts as to whether you might have a claim, our attorneys will be glad to consult with you. You can contact our office at (646) 430-7930, or fill out our contact form here. As always, we’d be happy to advise you and provide you with a free consultation.","excerpt":"<p>Issues involving discrimination are some of the most common in employment law. Employment attorneys in New York City frequently see cases involving prejudice and unfair treatment in the workplace, often stemming from discrimination based on race, sex, ethnicity, or national origin. Employees can be penalized or even fired as a result of discriminatory attitudes. However, in&hellip;</p>\\n"},{"id":6962,"path":"/blog/fmla-faqs-key-facts-about-your-right-to-protected-leave","slug":"fmla-faqs-key-facts-about-your-right-to-protected-leave","modified":"2015-11-13T16:40:14","title":"FMLA FAQs: Key Facts About Your Right to Protected Leave","content":"As is typical in employment law, our firm handles a large number of cases involving FMLA violations each year. The FMLA, or Family and Medical Leave Act, is a federal law which aims to protect employee rights in the event of a medical or family-related situation that necessitates leave from work. The Act guarantees unpaid, job-protected leave for up to 12 weeks in the event of a qualifying condition—but many employees are unclear about the details of the law. In this blog, we’ll cover some of the most important frequently asked questions about the FMLA. Familiarizing yourself with all aspects of the Act is a key first step to determining whether you are covered, and whether you may have a case for a possible FMLA violation.\\nDoes my condition qualify me to take leave under the FMLA?\\nIf you’re contemplating making use of the FMLA, the first question that you’ll ask is likely “do I qualify?” According to the Department of Labor, the official guidelines for qualifying conditions are as follows. You may take FMLA protected leave for:\\n\\nthe birth of a child, and to bond with the newborn child;\\nfor the adoption or fostering of a child, and to bond with that child;\\nto care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition;\\nto take medical leave when the employee is unable to work because of a serious health condition; or\\nfor qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.\\n\\nWhat is a “serious health condition” and how do I know if mine qualifies?\\nThe FMLA defines a serious health condition as one which incapacitates you or a family member for more than three consecutive days and requires ongoing medical treatment. Conditions requiring an overnight stay at a hospital or other medical facility, as well as chronic conditions that cause occasional periods of incapacitation and require medical treatment at least twice a year, are also protected under the FMLA. Pregnancy is one of the most common conditions that qualifies an employee to take FMLA leave.\\nAm I eligible to take leave under the FMLA?\\nSometimes, even if an employee has a qualifying condition, they may not be eligible for FMLA leave under certain circumstances. If you work for a private sector employer who employs fewer than 50 employees, you are ineligible for FMLA leave. Additionally, if you have worked at your place of employment for fewer than 12 months total, or if you have worked fewer than 1,250 hours during the past 12 months prior to leave, you cannot claim leave under the FMLA.\\nWhat do I need to do to request FMLA leave?\\nWhen an employee seeks to use FMLA leave for the first time, the employee does not need to expressly invoke their FMLA rights to their employer, or even mention the law at all. For subsequent FMLA leave requests to the same employer, involving a qualifying condition for which the employee has previously received FMLA-protected leave, the employee must specifically reference the qualifying condition or the need for FMLA leave. When the leave is foreseeable, employees should provide their employers with at least 30 days of advance notice prior to beginning the leave. If the need for leave is unforeseeable due to a medical emergency, for example, the employee should provide notice as soon as practically possible.\\nIs FMLA leave always unpaid?\\nUnder the Act, employers are only required to provide employees with up to 12 weeks of unpaid leave. However, employees are free to use accrued paid leave during the FMLA leave period—including paid vacation days or sick days. The law also allows employers to require employees to use accrued paid leave during FMLA leave, at the employer’s discretion. If you do use paid leave for a qualified condition covered by the FMLA, your leave is still protected under the law. This means that your job is still protected and upon your return, you must be given your same or equivalent position within the company. Employers may not retaliate against employees for taking FMLA leave, even if employees use paid leave.\\nCan men also take FMLA leave in relation to the birth of a child?\\nYes. Men and women have equal rights to FMLA leave after the birth of a new baby or an adoption, in order to allow for family bonding. Men can also use FMLA leave to care for a spouse who requires attention due to pregnancy or childbirth. Separately, women may use FMLA leave for prenatal care or for their own serious health condition following childbirth.\\nIf I want to take FMLA leave for my own serious health condition, am I required to provide medical certification?\\nEmployees are not required to give the employer their medical records. However, under the law, employers can require employees to obtain a certification from their healthcare provider that establishes that a serious health condition exists. Employers must allow employees at least 15 days to obtain the certification, and, if dissatisfied with the certification, the employer must state in writing what additional information is necessary “to make the certification complete and sufficient.” Employees will then have a minimum of seven additional days to correct the deficiency. If the serious condition is ongoing, employers may legally request recertification every 30 days.\\nHow will my medical privacy be affected?\\nThe FMLA requires that any contact between an employer and an employee’s healthcare provider must comply with HIPAA privacy regulations—so there are no special privileges or access that an employer can gain to your health records when you take FMLA leave. Employers can contact your healthcare provider only for authentication or clarification of the medical certification you provide regarding your FMLA-qualifying condition. They may not request any additional information beyond that listed on the certification form. For privacy reasons, an employee’s direct supervisor may never contact the employee’s healthcare provider. \\nDo I need to take my entire period of FMLA leave all at once?\\nNo. Covered employees can choose to take their FMLA leave in one block of up to 12 weeks, if they wish; however, they may also take leave intermittently if their qualifying health condition requires it. If medically necessary, employees are also permitted to work on a reduced leave schedule, in which the employee’s usual work hours are lessened on a daily or weekly basis. Employees may also request intermittent leave to bond with a newborn child or a newly adopted or fostered child. However, in these instances, intermittent leave is subject to the employer’s approval and may only be taken within the 12 months immediately after the birth or placement.\\nNavigating the FMLA can be tricky, but it’s your right as an employee to have access to information about the laws that protect you. As always, if you have any questions or think that you may be dealing with a violation of the FMLA, contact our firm at (646) 430-7930 or via our contact form here.","excerpt":"<p>As is typical in employment law, our firm handles a large number of cases involving FMLA violations each year. The FMLA, or Family and Medical Leave Act, is a federal law which aims to protect employee rights in the event of a medical or family-related situation that necessitates leave from work. The Act guarantees unpaid,&hellip;</p>\\n"},{"id":6957,"path":"/blog/women-in-the-workplace-pushing-for-pay-equality","slug":"women-in-the-workplace-pushing-for-pay-equality","modified":"2015-11-05T13:42:16","title":"Women in the Workplace: Pushing for Pay Equality","content":"Actress Jennifer Lawrence turned heads recently when she released an essay entitled “Why Do I Make Less Than My Male Co-Stars?”, published in Lena Dunham and Jenni Konner’s newsletter Lenny. In the article, Lawrence writes of her experience as a woman in the film industry, discussing in particular her discovery that she was being paid significantly less than the male actors she co-starred with. Even though Lawrence’s career and the scale of her salary self-admittedly “aren’t exactly relatable,” her essay brings up an important issue for women of all backgrounds and career types. Though conditions have improved over the past several decades, wage inequality is still pervasive and continues to pose a difficulty for women in the workplace.\\nAccording to the Institute for Women’s Policy Research (IWPR)’s 2015 status report, if American women’s relative earnings continue to increase at the same rate they have been since 1960, the national gap between women’s and men’s median annual earnings will not close until 2058—and this projection assumes that there is no glass ceiling on wage progress. Data indicates that Florida may be the first state to reach wage parity, in 2038. But alarmingly, the IWPR projects that five states will not hit this bar until next century. The state with the slowest rate of wage progression, Wyoming, will not achieve pay equality until 2159. New York, meanwhile, could achieve equal pay by 2049.\\nAs the statistics indicate, even though the wage gap persists in all 50 states, some are much better off than others. Currently, New York State ranks sixth in the nation overall for women’s employment and earnings. The IWPR reports that New York’s female-to-male earnings ratio is also the highest in the country, with full-time employed women earning 87.6% of their male counterparts’ salaries. (The ratio in Louisiana, the lowest-ranked state, is 66.7%.) But even in New York, that 12.4% gap is too high. The IWPR estimates that for college-educated women, cumulative losses from the gender wage gap exceed three quarters of a million dollars by age 59. So what can we do to fix it?\\nIn her essay, Jennifer Lawrence wrote, “When the Sony hack happened and I found out how much less I was being paidI didn’t get mad at Sony. I got mad at myself. I failed as a negotiator because I gave up early.” Women on the whole, Lawrence notes, often shy away from hard salary negotiation for fear of being judged as “difficult” or “spoiled,” a common response Lawrence attributes to gender socialization.\\nIt’s an unfortunate reality that assertive women are perceived differently than assertive men are. Self-assured men are considered “confident,” while women with similar attributes are called “bossy.” Carnegie Mellon economics professor Linda Babcock, who studies negotiation and the gender divide, has found that women are more likely to be anxious about asking for raises and promotions than men are. In a 2005 paper, Babcock and two colleagues also found that when employees initiate salary negotiations, male employers tend to penalize the women more often and more harshly than the men. Therefore, women’s propensity to initiate negotiation less often can be explained by the negative response they receive when they attempt to do so. Coupled with fears of workplace harassment, discrimination, and other forms of retaliation, it is no wonder that fewer women than men actively pursue a raise.\\nWhile the wage gap certainly isn’t the result of women lacking assertiveness, and while encouraging women to pursue raises will not solve the myriad external factors which contribute to the gap, it doesn’t hurt for female employees to attempt to combat the issue internally. Despite the risk associated with negotiation, women should push for higher salaries and better positions. Our firm has previously written on how to negotiate a raise, here. As a woman, the guidelines are no different, but since women are particularly vulnerable to criticism and negative feedback when negotiating, it’s worth it to do a little more preparation by recognizing some of the common pitfalls that face women in the workplace.\\nSheryl Sandberg, COO of Facebook and author of Lean In: Women, Work, and the Will to Lead, identifies several ways that women can improve their likelihood of advancing in the workplace despite the systemic obstacles working against them. She writes that due to workplace culture, women often have more difficulty establishing relationships at work, and, when they do, tend to move laterally rather than pursuing friendships with those in positions above them. Maintaining consciousness of one’s professional network can make a significant difference in, first, a woman’s confidence to pursue more money or a better position, and second, the likelihood of her negotiations being well-received.\\nAdditionally, Sandberg writes that women should work to recognize and combat “imposter syndrome”: the feeling that one doesn’t belong in a prestigious position, or is faking one’s success. Successful and ambitious women experience this phenomenon more often than any other group, and it can be discouraging. Taking extra care to map out accomplishments and detail successful work initiatives can greatly help women seeking to negotiate, both psychologically and professionally. Women who enter negotiations well-prepared will undoubtedly be more confident about their position, and be more convincing to employers that they are deserving of an increase in salary or status.\\nFinally, women should make a particular effort to inform themselves of what their work is worth. Like Jennifer Lawrence, many women are afraid to push too hard, even if they suspect that they’re being short-changed. Others are satisfied with their salaries and assume that they are being paid fairly. You might even be happy with your current compensation and feel that it’s generous. Still, don’t hesitate to ask questions and do internal reconnaissance. Even though money is often a taboo subject, being frank with fellow employees or other acquaintances within the industry can be the key to learning what you’re really worth.\\nSo, what is the takeaway for women in New York State and across the country who face the prospect of wage inequality for the rest of their lifetimes? Be persistent! The wage gap might be closing slowly, but by keeping vigilant and recognizing the necessary obstacles to overcome, women in the modern workplace can harness the greatest resource available to them in the gender gap battle—themselves.","excerpt":"<p>Actress Jennifer Lawrence turned heads recently when she released an essay entitled “Why Do I Make Less Than My Male Co-Stars?”, published in Lena Dunham and Jenni Konner’s newsletter Lenny. In the article, Lawrence writes of her experience as a woman in the film industry, discussing in particular her discovery that she was being paid significantly&hellip;</p>\\n"},{"id":6954,"path":"/blog/checklist-what-youre-entitled-to-after-a-layoff-or-resignation","slug":"checklist-what-youre-entitled-to-after-a-layoff-or-resignation","modified":"2015-10-17T12:50:40","title":"Checklist: What You’re Entitled to After a Layoff or Resignation","content":"Leaving your place of employment is often difficult, no matter whether you’ve been working for 10 months or 10 years. You might be switching jobs, taking on a better offer, retiring, or perhaps you’ve been laid off. Regardless of the circumstances, the transition can be an emotionally turbulent one, especially if it wasn’t your choice. However, even though employment changes can be stressful and overwhelming, it’s crucial not to lose sight of your entitlements in the wake of leaving your job.\\nWhether you are laid off or choose to resign, our firm has mapped out some important points to keep in mind as you separate from your workplace. While not exhaustive, the following list can help guide those navigating the separation process and clarify important information about employee entitlements.\\n\\nAsk about your accrued vacation pay.\\n\\nIf an employee has earned vacation time, and if there is no written forfeit policy, then the employer must pay the employee for all accrued vacation. However, New York courts have held that wage supplement agreements can specify that employees lose accrued benefits under certain conditions. If your employer claims that this applies to you, first ensure that you have notification, in writing, of the conditions that nullify your benefits. Aside from accrued vacation pay, these can also include accrued paid sick leave or any other wage supplements. If your company has not provided any documentation of a forfeit policy in your employment agreement or employee handbooks, you are automatically entitled to any accrued wage supplements—even if you are terminated or leave the company on bad terms.\\n\\nObtain your employers’ agreement not to contest a claim for unemployment. \\n\\nWhenever an employee files a claim for unemployment compensation, their former employer has the right to contest the claim. While companies do not pay directly out of pocket, they must pay both state and federal unemployment taxes—and the amount they are taxed correlates to their employee turnover rates and number of past unemployment claims. If you file a claim, your employer will be notified and will have the opportunity to either endorse your claim, or contest it.\\nIn many states, employers simply do not respond to notices from the Department of Labor regarding unemployment claims from past employees—particularly if they have already reached an agreement not to contest the claim with the employee during severance negotiations. In New York State, however, employers cannot legally ignore or disregard such correspondence. As of 2013, the New York Department of Labor mandates that employers “adequately” respond to unemployment insurance correspondence within 10 calendar days of the notice. In order to meet this standard, employers must specify the reason for separation, specifically including any issues concerning the claimant’s eligibility or entitlement for benefits. For this reason, it is crucial to discuss any potential claim for unemployment insurance with your employer before you leave the company.\\nTypically, individuals who lose their jobs through no fault of their own and who are actively seeking full-time employment will receive unemployment benefits. Even if you leave “voluntarily,” you’re still not automatically disqualified from receiving unemployment benefits. Leaving a position due to reduced pay and/or hours, harassment, age discrimination, unsafe or hostile working conditions, etc. are all considered good cause for a “constructive discharge,” meaning you are still eligible for a claim. If, however, you’ve been dismissed due to misconduct, your employer has the opportunity to contest the claim and argue for your ineligibility. Even if you’re unsure whether this applies to you, try to negotiate a no-contest clause into your severance agreement. If the case is not a particularly strong one, your opposition may be a deciding factor in dissuading employers from contesting your claim.\\n\\nAsk for a positive, or, at the very least, neutral reference from your employer.\\n\\nMake it a priority to discuss your future references with your soon-to-be-former employer. Your work history is considered the best predictor of your future conduct, so references will have a tremendous impact on how you are perceived by hiring personnel at other potential places of employment. Do your best to leave gracefully, regardless of the circumstances behind your separation. Before leaving, approach your boss or a supervisor and ask simply, “Would you feel comfortable providing a good reference for me?” Consider leaving behind a resume and ask your former employer if you can provide anything else to make giving the reference easier. Ready-made, concrete examples of how the company benefited from your work, for instance, is great material for new potential employers, and may prevent your former employer from commenting vaguely on your performance or providing a lukewarm character reference.\\n\\nEnsure that you receive reimbursement for all business expenses.\\n\\nWhether your business expenses are related to travel or office purchases, you are entitled to reimbursement if your employer has agreed to do so. While there is no law in New York that explicitly requires employers to pay or reimburse employees for business-related expenses, New York Labor Law §198-c is widely interpreted to impose such requirements on employers, by obligating them to “abide by the terms of [their] agreement to provide benefits.” Unless an employer has specifically stated that they will not reimburse business expenses, it is reasonable to expect them to do so. A history of repayment in other instances may be sufficient to establish an agreement. Generally, employees should expect to receive a separate payment for expense reimbursements in addition to their full amount of wages.\\n\\nPush your employer for timely payment of all wages.\\n\\nUnfortunately, too often employers seek to take advantage of employees who are leaving the workplace, cutting corners on last-minute wage payment obligations in the hopes that the employee doesn’t notice. Don’t let this happen to you. When preparing to leave your place of employment, be especially cognizant of the wages you are owed for your last pay period, taking into account any earned but unpaid overtime, commissions, or bonuses. Particularly if you’ve left on bad terms, or if you know the company is in a bad financial position, it’s important to scrutinize your payment to ensure that you’re not being made a victim of unfair wage practices. If you do find that your employer is treating you unfairly or refusing to surrender your wages or wage supplements, contact our office for a free consultation immediately. As always, we can be reached at (646) 430-7930, or via our online contact form here.\\n \\n&nbsp;\\n&nbsp;","excerpt":"<p>Leaving your place of employment is often difficult, no matter whether you’ve been working for 10 months or 10 years. You might be switching jobs, taking on a better offer, retiring, or perhaps you’ve been laid off. Regardless of the circumstances, the transition can be an emotionally turbulent one, especially if it wasn’t your choice.&hellip;</p>\\n"},{"id":6950,"path":"/blog/the-f-stands-for-fired-how-to-handle-an-fmla-related-termination","slug":"the-f-stands-for-fired-how-to-handle-an-fmla-related-termination","modified":"2015-10-12T15:34:33","title":"The F Stands for Fired: How to Handle an FMLA-Related Termination","content":"Have you been fired in connection with a long-term illness or disability? A family member’s illness or disability? A pregnancy, maternity leave, or even an adoption?\\nYou’re not alone. FMLA-related terminations are among the most common employment law violations every year—but many people still aren’t aware that their job is protected under the FMLA.\\nThe Family and Medical Leave Act, or FMLA, ensures job-protected, unpaid leave for medical and/or family-related circumstances requiring absences from work. You may have heard the FMLA referred to as the “maternity leave law”; however, the Act does much more than guarantee time off for new mothers. It allows eligible employees to take up to 12 weeks of unpaid leave during any 12-month period to attend to 1) the serious health condition of the employee, parent, spouse, or child; 2) for pregnancy or the care of a newborn child; or 3) for the adoption or foster care of a child. For individuals who meet the qualifications, guaranteed leave with job protection is a federal right. \\nSince the FMLA applies to everyone, and since most people experience a need to take FMLA-qualifying leave at some point in their adult professional life, FMLA-related terminations are very common. Despite this, many employees, if not most, misunderstand their rights when facing a need to take FMLA-qualifying leave, or in exercising their right to take FMLA leave.\\nIn our experience, the workplace quickly becomes a strategic battlefield when an employer makes attempts to limit an employee’s FMLA rights. Employees sense that they may be fired illegally and start to gather important emails, and employers (either aware of the risk they are generating or not) aggressively push to generate a record of performance failure.\\nIf you think that you may be terminated explicitly because you have requested FMLA leave, or if you feel that you are quietly being set up for termination in retaliation for having requested or taken FMLA leave, the key to successfully navigating the workplace minefield as your employer’s intentions become known to you is recognizing whether a claim exists for an FMLA violation. Knowledge is power, and catching your employer in the act of violating your FMLA rights can give you the upper hand in any negotiation over saving your job or your entitlement to monetary relief if you are fired.\\nSo here’s what our firm thinks you should know:\\n\\nYou do not need to specifically request FMLA leave in order to be protected by the law.\\n\\nWhen you submit a request for time off to your employer, you don’t need to say any magic words for your leave period to qualify as protected under the FMLA. As long as the requirements for protection are met, you will still have a legal claim if you are fired for taking leave, or even just submitting the leave request. If you’re unsure whether your specific leave might qualify under the FMLA, please contact our office here for a complimentary consultation.\\n\\nGenerally, employees must be employed for one year in order to both qualify for FMLA leave and be protected from FMLA-related termination.\\n\\nUnfortunately, if you’ve only been at your workplace for a short period, it is unlikely that you will qualify for leave under the FMLA. Additionally, in most cases, employees must have worked a minimum of 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within a 75-mile radius. However, both private- and public-sector companies are covered, and statistically, both small and large employers are equally likely to provide full FMLA coverage—approximately 80% of each will do so.\\n\\nFailing to follow your company’s policies for taking leave, requesting leave, or returning to the workplace can, under certain circumstances, prevent an employee from being able to assert legal claims for a termination that is otherwise clearly related to FMLA leave.\\n\\nEven if you have a strong case for an FMLA violation, failing to follow the proper procedures for requesting and taking leave can harm your ability to seek legal reparations. So, as a protective measure, make sure to closely follow your employer’s policies in case a termination later occurs and appears to be FMLA-related. Before you go on leave, also determine whether your employer requires you to check in with HR or supervisors while on leave. You are not obligated to work while on FMLA leave, but employers can require an employee to report to management periodically.\\n\\nProvide medical certification and be as specific as possible about when you are likely to return to work.\\n\\nProviding medical certification of your reason for requesting leave can help you to argue your case more effectively later on, if it becomes necessary. If an employer does not have a prescribed form for providing medical certification for leave but requests proof of the medical condition related to your leave request, use one of the model forms proposed by the federal Department of Labor, which can be found here for the employee’s own medical condition, and here for a family member’s medical condition. When making the request, be sure to include the date you are likely to return to employment, since a lawsuit for an FMLA-related termination can be dismissed if a planned return date is not specified, or a possible return date is not provided.\\n\\nBe sure to make preparations for returning to work once your leave is finished, including providing any necessary “fitness for duty” certifications or requesting any necessary reasonable accommodations under the Americans with Disabilities Act.\\n\\nBe sure to request any reasonable accommodations you may need upon returning to work—for example, if you have disabling physical symptoms that persist. Your employer is required to make workplace accommodations for you if you have disabling symptoms upon your return from medical leave. Many employees, however, forget to request those accommodations when they are preparing to return to work. Employers often require employees to make these requests to a particular HR office or employee, and require the use of particular forms. By the time you return to work, if you have disabling conditions which make your job performance difficult, not having accommodations in place which will make your life easier may give your employer the impression that you cannot perform your duties, returned too early, or failed to appropriately prepare for your return.\\nAlso, employers are permitted to require you to fill out a “fitness for duty” certification as a prerequisite of reinstatement to your position. However, if your employer requires certification, they must inform you and provide you with either a certification form or guidelines for certification requirements. Under certain circumstances, employers who advise employees of this requirement may deny reinstatement if the employee fails to provide certification, or may delay reinstatement until the certification is submitted.\\n\\nBe aware that requesting the benefit of short- or long-term disability insurance through your employer or employer-sponsored benefits program is not the same as requesting unpaid leave from your workplace for a disabling medical condition.\\n\\nWhile some employer benefit programs may provide disability insurance benefits which pay an employee’s salary when they are out on leave, qualifying for disability insurance benefits is not the same as requesting permission to leave the workplace. Employees who are applying for short- or long-term disability benefits must also separately apply for FMLA or FMLA-qualifying leave through their employer.\\n\\nIf your leave exceeds 3 months (12 weeks), your employer may lawfully replace you or eliminate your position under the FMLA.\\n\\nAfter 12 weeks of leave, you are no longer entitled to job protection under the FMLA. However, it is possible that you may still be protected under the Americans with Disabilities Act (ADA), or other city and state disability discrimination statutes. In general, even if an employee is forced to take a longer period of leave because of the severity of his or her FMLA-qualifying medical condition, the employee’s boss may still legally decide to terminate them. If you suspect your leave may last longer than 12 weeks, it is best to consult with an attorney immediately.\\n\\nLeave need not be taken in a single 3-month chunk.\\n\\nFMLA leave can actually be taken over a period of months or even years, intermittently. Employees with ongoing doctors’ visits or procedures, and those with chronic conditions requiring periodic hospitalization or time off, are also eligible for and entitled to FMLA leave. Terminating an employee for taking time off for medical visits or procedures related to FMLA-qualifying conditions or illnesses that require ongoing care is also illegal.\\n\\nKnow that there are certain signs that may indicate when an employer is preparing to fire an employee for FMLA-related reasons. \\n\\nBy paying close attention, employees may actually be able to sense when there is a likelihood of termination related to their FMLA leave. If your duties are taken away from you while you are on leave, or if a replacement employee is hired or positioned to take your job, that is a red flag that preparations may be in the works for your termination. If these or similar things occur proximately to your request for leave or the leave itself, you may have legal rights and good evidence in the event of a litigation.\\nAbove all, know that the law builds in certain presumptions for employees fired shortly after they request, take, or return from FMLA-qualifying leave. So, even if you’re unsure whether your FMLA leave was the reason for your termination, if you were fired shortly before or after you took leave, that’s a good sign you may have legal rights. Even if your employer provides reasons for your termination that are unrelated to your leave, such as poor work performance or behavioral issues, you could still have a case. If the reasons given are conflicting, unjustified, or unsubstantiated, your employer’s explanation for your termination is referred to as “pretext” under the law, meaning that it’s simply an excuse for your FMLA-related termination.\\nEmployers’ tendency to disguise their motives surrounding FMLA-related terminations make these some of the most difficult employment law violations to resolve. Unlike with discrimination- or retaliation-related terminations, employers have more leeway to fire employees for lawful reasons directly related to the employee’s protected status, making FMLA-related terminations unfortunately very common.\\nBecause of the complexities of navigating an FMLA termination issue, it is important to seek legal help as early as possible. Call (646) 430-7930 or fill out a contact form here for advice or a free legal consultation from our firm.","excerpt":"<p>Have you been fired in connection with a long-term illness or disability? A family member’s illness or disability? A pregnancy, maternity leave, or even an adoption? You’re not alone. FMLA-related terminations are among the most common employment law violations every year—but many people still aren’t aware that their job is protected under the FMLA. The&hellip;</p>\\n"},{"id":6945,"path":"/blog/sexual-harassment-in-new-york-city-lessons-in-prevention-and-protection-from-the-bouveng-litigation","slug":"sexual-harassment-in-new-york-city-lessons-in-prevention-and-protection-from-the-bouveng-litigation","modified":"2015-10-06T12:07:10","title":"Sexual Harassment in New York City: Lessons in Prevention and Protection from the Bouveng Litigation","content":"In the spring of 2013, 23-year-old Hanna Bouveng was a newly-minted New Yorker, having just moved to New York City from her native Sweden in search of internship opportunities. When she met Wall Street financier Benjamin Wey shortly after her arrival, she thought she’d found a unique opportunity to further her career. Wey’s billion-dollar private equity firm, the New York Global Group, was in need of a new director of corporate communications. Hanna took Wey up on his offer: the company would sponsor her work visa, and she would get an office in the Trump Building on Wall Street. She had no way of knowing that her new job would be a gateway into a months-long nightmare of intimidation, sexual harassment, and coercion.\\nAt first, Hanna thought that Mr. Wey’s advances were the product of a cultural divide. But she couldn’t ignore his persistent and increasingly improper behavior. Wey would make public comments on her appearance, exert control over her schedule outside of work, and insist upon buying her clothes and jewelry—becoming angry when Hanna declined. Wey’s treatment of his employee went far beyond the realm of appropriate business culture, but by the time Hanna caught on, she was deeply reliant on Wey and feared retaliation. Not only was he an immensely powerful figure on Wall Street, he was now in control of Hanna’s finances and was capable of getting her visa revoked, uprooting her from New York City and the country. Hanna felt powerless in the face of Wey’s relentless sexual harassment, and as his advances became more and more blatant, she eventually succumbed to his pressure,\\nAfter many more months of abuse and harassment—during which Mr. Wey fired Hanna for insubordination and “violations of professional conduct,” attempting to publicly shame her and destroy her reputation in the process—Hanna filed a sexual harassment lawsuit in federal court. Her case was heard in June 2015, and the jury ruled in her favor on the charges of sexual harassment, retaliation, and defamation, awarding her $18 million in damages.\\nIn an statement for Cosmopolitan, Hanna said, “I have learned that its okay to admit that you are vulnerable. Its not OK for someone to prey on that. You shouldnt feel ashamed when someone wrongs you. As women, we always tell ourselves that we have to appear tough and strong. But sometimes, we need to ask for help.”\\nMen can of course be the target of sexual harassment in the workplace, but women are most often the victims. Although cases like Hanna’s represent some of the most drastic forms that sexual harassment in the workplace can take, no amount of harassment is acceptable. Both employers and employees can take steps to ensure that workplace harassment is minimized, or, ideally, eradicated, within their workplace.\\nIn New York City, employers are liable for sexual harassment committed by an employee even if management is unaware of the harassment. Under federal law, companies are only liable if the harassment is committed by a manager or if management otherwise knew or should have known about the harassment. Regardless, companies are responsible for providing workers with a safe work environment that is nondiscriminatory and harassment-free. If sexual harassment is observed or reported, employers are required by law to make tangible efforts to resolve the issue—however, it is in companies’ best interest to prevent harassment issues before they ever arise.\\nAnti-harassment policies are a useful tool for articulating the standards for a particular workplace. The development of a clear policy, which lays out specific behaviors that are prohibited and addresses procedural methods for employee complaints and dealing with violations, can be effective for dissuading unacceptable behaviors. Employers should make an effort to distribute the policy widely and ensure that it applies equally to employees at all levels of seniority.\\nIn the event of a workplace harassment policy violation, employees should report the situation immediately, and employers should address the issue promptly and with the appropriate level of authoritative force. However, like Hanna, many victims of sexual harassment feel ashamed, powerless, and unmotivated to do anything about their situation. For this reason, victims of sexual harassment should seek necessary emotional support and legal advice as soon as possible.\\nAbove all, employees should be aware of anti-harassment laws in the United States and New York State, so as to monitor their workplace’s compliance. It’s important for workers to discuss any concerns about the workplace environment with their employer or their Human Resources department, if applicable. If, however, your employer is not receptive to complaints about sexual harassment, seeking legal protection and support is particularly important given that it will likely not be provided by your employer. Also, under city, state, and federal law, an employer cannot retaliate against a worker who complains about harassment in the workplace, or who files a complaint or charge of discrimination. Common acts of retaliation following a complaint of discrimination include sudden, disproportionate, or unfair disciplinary action, shunning in the workplace, or termination under false pretenses.\\nFollowing Hanna Bouveng’s unfortunate case, employees in New York City and throughout the country should be aware that it is illegal for employers to make sexual advances towards employees, either explicitly or implicitly—and it is especially egregious for employers to make acquiescence a condition of keeping your job. Employers also cannot base other employment decisions (hours, payment, etc.) on employees’ reception to their advances, nor can they allow harassment by other members of the workplace. If a coworker’s behavior, in any way, interferes with your ability to do your job by creating an intimidating, hostile, or offensive working environment, such a situation can be the subject of a claim under New York City, New York State, and federal law.\\nTo file a complaint, workers in New York City, or outside of the city in New York State, can visit the closest regional office of the Division of Human Rights. For more information, please visit their website here. Workers in New York City can alternatively file with the New York City Commission on Human Rights here. \\nIf you believe that you have been the victim of sexual harassment, or would like more information or a free legal consultation, please contact the Law Office of Christopher Davis at (646) 430-7930, or fill out a consultation form from the home page of our website. As Ms. Bouveng would likely tell you, regardless of which path you may take, speaking confidentially with a lawyer is an important first step to finding peace of mind.","excerpt":"<p>In the spring of 2013, 23-year-old Hanna Bouveng was a newly-minted New Yorker, having just moved to New York City from her native Sweden in search of internship opportunities. When she met Wall Street financier Benjamin Wey shortly after her arrival, she thought she’d found a unique opportunity to further her career. Wey’s billion-dollar private&hellip;</p>\\n"},{"id":6919,"path":"/blog/overtime-pay-class-action-filed-against-align-communications-on-behalf-of-it-engineers","slug":"overtime-pay-class-action-filed-against-align-communications-on-behalf-of-it-engineers","modified":"2015-10-04T02:30:40","title":"Overtime Pay Class Action Filed Against Align Communications on Behalf of IT Engineers","content":"Last week, the Firm filed an overtime pay class action lawsuit on behalf of IT Engineers employed by Align Communications, a provider of IT services with offices throughout the United States and abroad. The primary duties of Aligns IT Engineers consist of installing, configuring, testing, and troubleshooting computer applications, networks, and hardware on behalf of Aligns clients.\\nAccording to the federal Department of Labor, IT employees of this nature are eligible for overtime pay, yet Align determined that they were ineligible. As a result, the lead plaintiffs and members of the class were deprived of lawful overtime wages.\\nThe Firm will seek certification of both a New York class and a nationwide class, and intends to pursue penalties and other recovery on behalf of our clients.\\nMr. Davis has filed a number of class action lawsuits on behalf of IT employees (help desk technicians or engineers, desktop support technicians or engineers, network technicians or engineers, install/move/add technicians, network administrators), and intends to use his experience, and the full resources of his firm, to reach a just resolution for Aligns IT Engineers.\\nA link to the filed Complaint is below.\\nCOMPLAINT align CQD FINAL FOR FILING","excerpt":"<p>Last week, the Firm filed an overtime pay class action lawsuit on behalf of IT Engineers employed by Align Communications, a provider of IT services with offices throughout the United States and abroad.   The primary duties of Align&#8217;s IT Engineers consist of installing, configuring, testing, and troubleshooting computer applications, networks, and hardware on behalf of&hellip;</p>\\n"},{"id":6914,"path":"/blog/information-on-our-firms-3-9-million-settlement-on-behalf-of-wells-fargos-financial-advisors-in-new-york","slug":"information-on-our-firms-3-9-million-settlement-on-behalf-of-wells-fargos-financial-advisors-in-new-york","modified":"2015-09-23T17:56:44","title":"Information on Our Firm’s $3.9 Million Settlement on Behalf of Wells Fargo’s Financial Advisors in New York","content":"The Working Solutions Law Firm filed a settlement approval motion on Monday seeking the Courts approval of a $3.9 million overtime and unpaid wage settlement obtained on behalf of Financial Advisors with Wells Fargo Advisors in New York State. The Working Solutions Law Firm is seeking class counsel status. For information on the matter, publicly filed court documents relating to the settlement can be found here, and a copy of the publicly filed Amended Complaint can be found here.","excerpt":"<p>The Working Solutions Law Firm filed a settlement approval motion on Monday seeking the Court&#8217;s approval of a $3.9 million overtime and unpaid wage settlement obtained on behalf of Financial Advisors with Wells Fargo Advisors in New York State.  The Working Solutions Law Firm is seeking class counsel status.  For information on the matter, publicly&hellip;</p>\\n"},{"id":6947,"path":"/blog/evaluating-a-job-offer-what-to-look-for","slug":"evaluating-a-job-offer-what-to-look-for","modified":"2015-09-10T13:20:18","title":"Evaluating a Job Offer: What to Look For","content":"So, you got the job. You’ve successfully navigated the interview process, convinced your new employer of your value, and nailed the negotiations. But the process isn’t over yet. Even though you and the boss may have agreed on some basic aspects of the position, such as official job title and salary, there are other key areas of your employment agreement that you’ll want to discuss in depth before taking the job. Hidden terms in your offer letter may end up costing you in the long run, so be sure to evaluate your offer carefully, as tempting as it may be to accept immediately.\\n\\nSalary Information\\n\\nThe salary you’ll be given is likely a focal point of your job offer—but don’t fixate on that number alone. There are multiple other factors that will determine how much you’re actually paid, including benefits and bonuses. While the position’s benefits may have been part of your initial discussion with your new employer, be sure to read the fine print of your offer letter and understand exactly what you can expect in terms of insurance, savings or retirement plans, stock options, expense reimbursement, raises, and bonuses. Depending on the terms, it’s possible that you’re being offered less than you assume you are. Even if your interviewer mentions that employees in your position typically receive an annual discretionary bonus, for example, don’t assume that you’re guaranteed that money just because you were told you were. Does your offer letter state the bonus amount? The payment date? The performance standards under which the bonus is awarded? If terms that were discussed aren’t in your offer letter, your employer is not contractually obligated to fulfill them.\\n\\nJob Responsibilities\\n\\nDuring the hiring process, it’s in an employer’s best interest to make a job position sound as appealing as possible in order to woo good candidates. However, this can mean that your interviewer has sugarcoated the job to make it sound better than it really is. Look at your job description critically once you receive your offer letter—are there unfavorable terms that have been snuck in? Additional responsibilities that were never mentioned? It will help you to ensure that the specific duties of your position are clearly spelled out in your offer letter, so that you can potentially protect yourself from being overworked should the need arise in the future.\\n\\nPaid Leave/FMLA Policy\\n\\nYou’ve probably checked the number of paid vacation and sick days in your offer, but you should also be aware of your company’s FMLA policy—which may not be directly stated in your offer letter. The Family Medical Leave Act, or FMLA, is a national law that protects workers in New York State from losing their jobs due to taking necessary time off for pregnancy, childbirth, adoption, illness, or to take care of a sick family member. The FMLA protects the employee’s job while he or she is away, but does not guarantee paid leave. Find out from your employer whether the company provides paid leave, or allows employees to put accrued paid leave, sick days, or vacation time towards their 12 weeks of guaranteed FMLA leave.\\n\\nMandatory Arbitration\\n\\nIf your letter contains a mandatory arbitration provision, by accepting your employer’s offer, you are waiving your right to a jury in the event of a dispute with the company. This benefits your employer, as you’re locked into the company’s private dispute resolution process rather than pursing litigation in court. While arbitration may end up costing you less money, it can also prevent you from presenting as much evidence as you’d like, and you lose your right to appeal. Whether or not you choose to contest a mandatory arbitration provision, be aware of what it means in the event that you do have a future complaint against your employer.\\n\\nNon-compete and Non-solicit Policies\\n\\nThese provisions are especially common in employee offer letters. A non-compete clause will often state that after your employment ends, you are prohibited from working for any of your company’s competitors for a specific amount of time, in a specific geographic area. Non-solicit policies, similarly, prevent a former employee from soliciting any other workers, clients, or customers of a company to leave the company along with them. These clauses can apply whether you were terminated or resigned, and generally are enforceable, depending on the state. In New York State, the enforceability of such a provision generally depends on whether the provision is found to be “reasonable” upon analysis.\\n\\nInformation Technology Privacy Policy\\n\\nOne aspect of your employment that is of growing importance is your right to privacy with regard to information technology. In one of our previous blogs, we covered the newly emerging consensus that online work complaints are a form of protected speech. The ruling discussed, however, was predicated on the fact that the employees had legitimate and verifiable complaints about their work conditions. Unfortunately, the law has not caught up with the ever-faster development of new technologies, and employees’ expectations of privacy may not align with their employers’. Therefore, it’s important to understand the privacy terms outlined in your offer letter, to be sure that you and your employer are on the same page when it comes to your workplace privacy, as well as the privacy of your personal email and social media accounts.\\nEven though your offer letter is suited to benefit your employer where possible, it also provides you with certain contractual rights as an employee. But the presence or absence of certain provisions will mean you’re not protected. In many cases, consultation with a lawyer can help you detect any unfavorable terms in your offer letter and put your mind at ease. Consultations are comparatively low-cost and often even pay for themselves when your lawyer identifies changes that will benefit you financially. The Working Solutions Law Firm regularly reviews employee offer letters and contracts in addition to severance agreements. Call today for a free consultation and we’ll be glad to help you.","excerpt":"<p>So, you got the job. You’ve successfully navigated the interview process, convinced your new employer of your value, and nailed the negotiations. But the process isn’t over yet. Even though you and the boss may have agreed on some basic aspects of the position, such as official job title and salary, there are other key&hellip;</p>\\n"},{"id":6886,"path":"/blog/know-your-worth-tips-and-tricks-for-negotiating-a-raise","slug":"know-your-worth-tips-and-tricks-for-negotiating-a-raise","modified":"2015-08-31T19:55:40","title":"Know Your Worth: Tips and Tricks for Negotiating a Raise","content":"Being treated fairly means, most fundamentally, being paid fairly. But many employees accept pay and benefits that don’t reflect the quality or amount of work they perform. As employment lawyers in New York State, we see many employment law cases that center around unequal pay and unlawful failure to pay wages; however, even if you’re uncertain that you are underpaid at your workplace, you may want to consider whether your salary and benefits are proportional to the benefit your employer is gaining from your services.\\nNegotiating a raise is a delicate issue, but you can turn the conversation to your advantage by implementing some of the following recommendations from our firm. Remember that as always, you shouldn’t hesitate to stand up for your work product and your worth as an employee.\\n\\nPrepare your pitch.\\n\\nDiscussing a raise can be a pivotal career move, and it deserves all the preparation you can give it. Before you approach your boss, think about and list the concrete ways in which you’ve benefited your company. Quantitative figures are the best way to make your case. Create a list of recent accomplishments from your current position, making sure to pay special attention to numerical facts. For example, if you know that sales have increased since you’ve been in your position, calculate the exact percentage and list it. If you’ve completed a significant project successfully or can claim particular responsibility for certain aspects of a larger project, list that as well. Of particular importance to your employer is how much your work benefits the company’s bottom line. Have you saved money or resources? List it. Increased profitability? List it. Having concrete evidence to show your employer will make it more difficult to refuse you, as your qualifications and accomplishments are out in the open and more difficult to dispute.\\n\\nAssess your value.\\n\\nAlways consider any extra work you’ve done that increases the value of your position. Perhaps you’ve been putting in extra hours to compensate for a position that’s been downsized, or maybe you’ve gone above and beyond recently to help your company meet its goals. Has your work deviated from your job description in a way that gives you more responsibilities? It may be that the nature or volume of your work has significantly changed since you and your employer reached your initial salary agreement. If applicable, collect documentation of these changes to present to your employer as further evidence that you deserve a raise.\\n\\nDo your research.\\n\\nIt’s difficult to place a number on your value as an employee, but if you want to negotiate a raise, you should always have an idea of what you want. Choose a number or a raise percentage that a) you are satisfied with; b) you feel accurately reflects your worth to the company; and c) is comparable to the salaries of others in your field with a similar level of expertise. You can find out how your current salary compares by conducting online research or even reaching out to other professionals. Sometimes, such research reveals a baseline number that you can present to your employer as evidence that you might be undervalued. Even if your employer is reluctant to give you the amount you want, your research may convince them to increase your pay above your previous salary. It’s best to aim high so that you have more negotiating power if your employer concedes that you’re deserving of a raise.\\n\\nConsider negotiating other job benefits in addition to your pay.\\n\\nSometimes, an employer and employee may agree that the worker is being undervalued, but unfortunately, the company’s bottom line just doesn’t allow for a significant monetary raise. If you find yourself in this situation, consider requesting other changes that you would benefit from. For instance, if your job has grown to include more responsibilities than it did initially, you can ask for a more prestigious title that more accurately reflects the work you do. Also consider requesting an increase in vacation time, or a more flexible work schedule. In some cases, your job may even allow you to work from home several days a week. If you have a proven track record at your workplace, it’s reasonable to request accommodations such as these in lieu of a traditional raise, or to supplement a raise that is smaller than you anticipated.\\n\\nBe strategic and professional.\\n\\nTime your request appropriately. Your scheduled performance review is an opportune time, but you may also wish to broach the topic after a particularly successful project or presentation—anytime when you’ve proven yourself worthy of a reevaluation. Don’t approach your boss out of nowhere; rather, set up a meeting in advance and come prepared with several copies of your written list of accomplishments—your boss will appreciate the forethought. During the meeting itself, remain pleasant but direct, and be confident about your work and your merit as an employee. Be very cautious of appearing greedy or entitled, but make your case firmly and highlight some of your most valuable assets. Compare your skills and performance to those of professionals in your field at large, rather than that of your co-workers. Additionally, never give your boss an ultimatum. Though you’re negotiating on opposite sides of the table, keep in mind that you both have an interest in the company’s continued profit and wellbeing. At the end of the day, with this mentality, you may find yourself more successful than you’d hoped.","excerpt":"<p>Being treated fairly means, most fundamentally, being paid fairly. But many employees accept pay and benefits that don’t reflect the quality or amount of work they perform.  As employment lawyers in New York State, we see many employment law cases that center around unequal pay and unlawful failure to pay wages; however, even if you’re&hellip;</p>\\n"},{"id":6883,"path":"/blog/who-pays-to-wash-your-workplace-uniform-in-new-york-city","slug":"who-pays-to-wash-your-workplace-uniform-in-new-york-city","modified":"2015-08-21T21:34:10","title":"Who Pays to Wash Your Workplace Uniform in New York City?","content":"Many, if not most, employers in New York City’s restaurant and service industries mandate that employees wear uniforms while on the job. And many classes of workers in New York City, including delivery drivers, government employees, and hospitality personnel, often must adhere to strict guidelines regarding their appearance and the condition of their uniform. But did you know that there are legal guidelines that employers must follow when it comes to mandating uniforms? Here are a few things we think you should know:\\n\\nUnder the Fair Labor Standards Act, the cost and maintenance of a required uniform is considered to be a business expense of the employer. \\n\\nEmployers cannot ask you to purchase your own uniform if doing so would bring your pay below the minimum wage or reduce the overtime pay you are owed. In either of these scenarios, if you were asked to purchase your own uniform and were not reimbursed, your company must pay you for the purchase cost. Additionally, if you are given an allowance for uniform maintenance as part of your paycheck, the amount cannot count towards the minimum wage—it must be a separate sum given in addition to your hourly pay.\\n\\nDress codes can be considered uniforms, too.\\n\\nIf your employer doesn’t issue a traditional uniform, but enforces a specific dress code, that could also count as a uniform, depending on the dress code’s strictness. If employers prescribe a specific type and style of clothing to be worn at work—for instance a white collared shirt with black pants—those items count as a uniform, even if specific brands are not mandated and the clothing is not provided by the employer. Meanwhile, broader dress codes such as “steel-toed boots and long pants” aren’t considered to constitute a uniform. Generally, guidelines dictating the style, color, or quality of particular items of clothing are a good indication that the outfit is a uniform.\\n\\nUnder New York law, there are set amounts that your employer must pay you for uniform maintenance, in addition to your hourly wage.\\n\\nIf you work more than 30 hours per week and are required to wash and maintain your own uniforms, your employer is obligated to pay you $9.00 per week on top of your hourly wage to reimburse you for the cost of laundering your uniform. All employers in the hospitality industry must observe this rule, unless they provide employees with enough “wash and wear” uniforms (requiring no special care) to last an entire work week. This means that if you work 40 hours per week, before taxes, you should be making $359 every week instead of $350. Over time, those amounts can quickly add up. If you work 20-30 hours per week, your employer owes you an additional $7.10 weekly, and if you work under 20 hours, you are owed $4.30. For a part-time job of 5 hours per week, the uniform maintenance fee represents roughly one-tenth of the employee’s weekly earnings. That’s a 10% pay raise, just for doing your laundry and knowing your legal rights.\\nIf you believe you’ve been treated unfairly, or if you believe your employer is violating the law, please reach out to our firm via telephone or the “Live Chat” feature. We are happy to assist you with advice or a free case consultation.","excerpt":"<p>Many, if not most, employers in New York City’s restaurant and service industries mandate that employees wear uniforms while on the job. And many classes of workers in New York City, including delivery drivers, government employees, and hospitality personnel, often must adhere to strict guidelines regarding their appearance and the condition of their uniform. But&hellip;</p>\\n"},{"id":6801,"path":"/blog/is-your-unpaid-internship-legal-10-important-things-to-know","slug":"is-your-unpaid-internship-legal-10-important-things-to-know","modified":"2015-07-22T18:44:12","title":"Is Your Unpaid Internship Legal? 10 Important Things to Know","content":"Unpaid internships have become an increasingly popular way for students and aspiring professionals to get their feet wet in a given industry. However, as more interns join the workforce, the risk of abuse by employers has become more evident. Be forewarned! Internships must meet certain criteria in order to qualify as lawfully “unpaid”—otherwise, interns are entitled to minimum wage and overtime pay as required by the Fair Labor Standards Act (FLSA). Interns should be aware of the new test established by the Second Circuit Court of Appeals this year, which determines whether an unpaid internship is legal:\\n\\nThe intern and employer clearly understand that there is no expectation of compensation. \\n\\nUnpaid internships must be mutually agreed upon. The terms of the agreement should be made clear and settled in advance of the start of the internship. Any promise of compensation, express or implied, suggests that the intern is an employee – and vice versa.\\n\\nThe internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions, AND/OR\\n\\n3. The internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.\\nIs your internship educational, or does it consist mainly of menial tasks? Someone has to do those coffee runs, but the scope of your work also must extend to tasks of real value. If your internship does not provide academic credit or meaningful professional experience, then legally, you should be paid.\\n\\nThe internship accommodates the intern’s academic commitments by corresponding to the academic calendar.\\n\\nDoes the internship logically fit the profile of an enriching academic experience, or does it impede upon other academic commitments? Are you required to do work during hours when you would normally have class or other school-related obligations? Does your employer offer you accommodations for other activities related to your academic program?\\n\\nThe internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.\\n\\nDoes your internship have a schedule that you are comfortable with, and that you feel benefits you with regard to your professional future? Are you expected to keep working for the company indefinitely, even though you are no longer learning anything new? Are you doing preparatory work or completing menial tasks outside of normal business hours?\\n\\nThe intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.\\n\\nAre you doing the same work as a full-time employee, without any of the benefits? Are you being given sufficient guidance and training or are you left alone to complete busy work? Are you doing very specific work that could not or would not typically be completed by an employee already at the company? Can you, and the company, clearly articulate what educational benefits you are being provided? \\n\\nThe intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship. \\n\\nIs the internship serving as a “stepping stone” to a formal employment relationship? If so, it’s possible that the intern is already performing the tasks of an employee.\\nAccording to the Second Circuit’s July 2015 ruling, the extent to which the above factors are met determines whether an unpaid internship is legal. While none of the seven factors will alone determine whether or not an intern should be paid or unpaid, and while the list is not exhaustive, knowing the factors will help internship applicants in determining whether or not they should be paid, and how much. If the unpaid internship meets the requirements sufficiently, an employment relationship does not exist under the FLSA, and the Act’s minimum wage and overtime provisions do not apply to the intern. However, if it becomes clear that the unpaid internship does not fit the above guidelines, interns are entitled to the employee benefits guaranteed by the FLSA, including minimum wage compensation, overtime pay, workman’s compensation benefits, and unemployment benefits.\\nAside from the legal test itself, there are a few more things that interns—especially prospective interns—should be aware of:\\n\\nThe leading consideration in unpaid intern cases is what the Second Circuit Court refers to as the primary beneficiary test, which examines “whether the intern or the employer is the primary beneficiary of the relationship.” \\n\\nThe primary beneficiary test asks, “Who is getting the greater benefit from this relationship?” A few guidelines to keep in mind are the following: Do you feel as though you’re getting something educational out of the work you’re doing, or do you sense that you’re being taken advantage of? Are the benefits that you’re receiving comparable to those that your employer is getting by taking you on as an intern? Ideally, the benefits you are receiving should measurably outweigh those that your employer is receiving, making you the definitive “primary beneficiary” of the internship. \\n\\nThe Second Circuit Court defines “the relationship between the internship and the intern’s formal education” as “a central feature of the modern internship.” \\n\\nIn two cases brought by unpaid interns working for the Hearst Corp. and Fox Entertainment Group Inc., the Court paid special attention to the role of formal education within unpaid internships. The more directly an unpaid internship relates to one’s education—e.g. by awarding academic credit or fulfilling degree requirements—the more likely it is that the internship is legal. Be wary of accepting unpaid internships that don’t seem to have any direct connection to your education. While they can still be “educational,” it’s far less likely that they will adequately fulfill the requirements to be legally unpaid.\\n\\nAlways keep in mind that the primary goal of an internship is to prepare young professionals for a future within a given career field.\\n\\nRegardless of whether an internship is paid, employers should dedicate resources towards ensuring that the intern is gaining meaningful experience from his or her work. But particularly for unpaid interns, employers are obligated to provide the mentoring and guidance necessary to ensure that the internship is truly educational. If an intern’s work more directly benefits the employer, or if the employer is not expending time, effort, or resources on the intern’s experience, it is likely that the intern should be paid as an employee. At the end of the day, you are your own best advocate in determining whether a potential internship is fair.","excerpt":"<p>Unpaid internships have become an increasingly popular way for students and aspiring professionals to get their feet wet in a given industry. However, as more interns join the workforce, the risk of abuse by employers has become more evident. Be forewarned! Internships must meet certain criteria in order to qualify as lawfully “unpaid”—otherwise, interns are&hellip;</p>\\n"},{"id":6734,"path":"/blog/delivery-drivers-face-misclassification-wage-violations","slug":"delivery-drivers-face-misclassification-wage-violations","modified":"2015-06-25T14:54:55","title":"Delivery Drivers Face Misclassification, Wage Violations","content":"Two recent settlements involving company delivery drivers have called attention to potential injustices faced by drivers, truckers, and other personnel who deliver products on behalf of businesses.\\nOn June 11, a New York federal court filing disclosed that Fresh Direct LLC will pay more than $1.2 million to current and former delivery drivers employed by the grocery company. The settlement is in response to a class action lawsuit that claims that the company withheld $23 million in wages and gratuity. The plaintiffs, a group of delivery workers, argued that the delivery fee that Fresh Direct charged should have been treated as a driver gratuity. They claimed that the fee, which was charged separately from the fuel surcharge and other fees, misled customers, who were under the impression that the extra charge went towards the drivers’ pay. By keeping all delivery fees, the suit alleged, Fresh Direct had wrongfully denied the delivery drivers overtime wages under the Fair Labor Standards Act. According to the terms of the settlement, all workers employed by the company between March 2008 and March 2015 are eligible for cash-redeemable grocery vouchers whose value correlates to the length of their employment period.\\nOne day after the Fresh Direct case filing, it was announced that FedEx Corp. will also pay out millions to its company drivers, reimbursing the workers $228 million in compensation for lost wages and benefits. In the FedEx case, drivers in California claimed that the company misclassified them as independent contractors, costing them overtime wages and the additional benefits that come with W-2 employee status. The settlement, while tentative, will reimburse over 2,300 California truck drivers who worked for the company between 2000 and 2007. In a statement, an attorney for the plaintiffs said the settlement is one of the largest employment deals in recent years. “[The settlement] sends a powerful message to employers in California and elsewhere that the cost of independent contractor misclassification can be financially punishing, if not catastrophic, to a business,” said Beth Ross of Leonard Carder LLP.\\nThe latest in a series of worker misclassification claims across a slew of national companies, the FedEx settlement came about after the Ninth Circuit Court determined that FedEx’s operating agreement gave the company broad authority and control over its delivery drivers. For instance, the company required drivers to maintain trucks of a certain size and condition, and mandated that deliveries take place within a certain geographic area and time window. “Accordingly,” wrote U.S. Circuit Judge William A. Fletcher in the opinion, “we hold that plaintiffs are employees as a matter of law.”\\nEven if delivery drivers are already classified as employees, such workers still face potential abuse, as the Fresh Direct case demonstrates. Drivers and delivery workers can help prevent employee abuse by remaining aware of their workplace’s policies and ensuring that their employers are abiding by wage and hour laws.","excerpt":"<p>Two recent settlements involving company delivery drivers have called attention to potential injustices faced by drivers, truckers, and other personnel who deliver products on behalf of businesses. On June 11, a New York federal court filing disclosed that Fresh Direct LLC will pay more than $1.2 million to current and former delivery drivers employed by&hellip;</p>\\n"},{"id":6727,"path":"/blog/california-uber-driver-ruled-to-be-companys-employee-not-contractor","slug":"california-uber-driver-ruled-to-be-companys-employee-not-contractor","modified":"2015-06-23T14:29:30","title":"California Uber Driver Ruled to be Company’s Employee, Not Contractor","content":"Last week, the California Labor Commission delivered a ruling that will undoubtedly have long-ranging consequences for the platform-driven tech company and its contemporaries.\\nSan Francisco-based Barbara Berwick filed a claim against Uber after a stint working as a driver for the company, requesting compensation for outstanding wages and expenses incurred over a two-month period in 2014. Berwick argued that as an Uber driver, she had worked the equivalent of full workdays and was entitled to overtime pay. Uber, adhering to company policy, had classified her as a freelance driver, entitled only to commission on her fares.\\nThe California Labor Commission, reviewing the complaint, held that because “[Uber’s] business would not exist” without Berwick’s and other drivers’ labor, Berwick should be considered Uber’s employee. The commission refuted Uber’s argument that the company constitutes a mere “technological platform” for independent contractors to find business, countering that Uber is “involved in every aspect of the operation,” including background-checking drivers and determining fares. Ultimately, the ruling held, Berwick was misclassified as an independent contractor and is now entitled to $4,152.20 in additional wages and overtime pay. Uber has filed to appeal the ruling.\\nThe groundbreaking decision is contrary to a ruling produced by the same commission in 2012, as well as rulings from five other states which have separately concluded that an Uber driver performs services as “an independent contractor, and not as a bona fide employee.” Though not a binding decision, and one that applies only to a single individual, the commission’s decisive step away from precedent may foreshadow additional rulings in favor of workers who deserve the enhanced benefits which come with official employment status.\\nLike many other platform-based startups, Uber’s profitability depends on its drivers’ classification as independent contractors, since companies are not obligated to provide these workers with any benefits—no healthcare, no vacation time, and no overtime pay. Under the current classification system, Uber drivers are also responsible for expenses such as vehicle maintenance and repairs, and have no recourse if they are injured on the job. Even further, the company’s rules include a prohibition from collecting tips, a mandate that only certain types of vehicles may be used, and a disclaimer that the company can “fire” drivers whose ratings are too low. For a company that purports to simply organize independent contractors, such a heavy level of control actually suggests the profile of an employer—as the California Labor Commission has now officially recognized.\\nWhile the ruling, if made precedent, may complicate the employment status of those seeking to work for Uber on a part-time basis, it has the potential to change the lives and livelihoods of workers for whom Uber is the primary source of income. Undoubtedly, the commission’s decision will provide a much-needed reference point for further inquiries into Uber’s employee classification policy, as well as those of similar employment platforms.","excerpt":"<p>Last week, the California Labor Commission delivered a ruling that will undoubtedly have long-ranging consequences for the platform-driven tech company and its contemporaries. San Francisco-based Barbara Berwick filed a claim against Uber after a stint working as a driver for the company, requesting compensation for outstanding wages and expenses incurred over a two-month period in&hellip;</p>\\n"},{"id":6723,"path":"/blog/supreme-court-grants-review-in-crucial-class-certification-case","slug":"supreme-court-grants-review-in-crucial-class-certification-case","modified":"2015-06-17T20:09:19","title":"Supreme Court Grants Review in Crucial Class Certification Case","content":"On Monday, June 8, the Supreme Court granted review in a case that may significantly impact the standards for class certification. The case, Tyson Foods, Inc. v. Bouaphakeo, is one of four recent cases in which the Court has been asked to decide whether a class may be certified through the use of statistics when there are individualized differences among class members and when many members have not been injured.\\nThe Tyson case involves employees at a pork-processing plant who claim that Tyson failed to properly compensate them for time spent completing work-related activities such as putting on and removing personal protective equipment and traveling to and from their work stations. Originally, the district court certified the class of hourly workers based on the question of whether the activities were questionable, even though the circumstances faced by individual workers were different, sometimes significantly. At trial, the court allowed plaintiffs to present statistical evidence presuming that all of the class members constituted “average” employees. The jury ruled in favor of the class, and the district court entered a $5.8 million judgment for the plaintiffs.\\nUnder federal law, a court may not certify a damages lawsuit as a class action unless “there are questions of law or fact common to the class” that “predominate over any questions affecting only individual members.” In the appealed case Wal-Mart Stores, Inc. v. Dukes, the Supreme Court held that in order to satisfy these requirements, plaintiffs must “demonstrate that the class members ‘have suffered the same injury’” by proving that their claims “depend upon a common contention” that is “capable of classwide resolution…in one stroke.” The Court also explicitly expressed disapproval of “trials by formula,” in which liability is determined for a subset of class members and then applied to the entire class at large.\\nIn the Tyson case, the Supreme Court will decide two questions regarding when a class of plaintiffs may be certified: first, whether differences among individual class members may be ignored when plaintiffs use statistical techniques that presume that all class members are identical; and second, whether a class which contains hundreds of workers who were not injured and have no legal right to damages may be certified.\\nThe Court’s ruling in Tyson will significantly impact both businesses potentially facing class action suits, as well as workers who seek to bring a suit. Despite the Supreme Court’s recent ruling in Dukes, which holds that the stringent requirements for class certification should “in practice exclude most claims,” lower courts have often granted plaintiffs more leeway when certifying putative class members. However, the decision in Tyson may reinforce the Court’s demanding standards for obtaining class certification, making it more difficult for plaintiffs to claim the benefits that come with certification and potentially discouraging plaintiffs from filing class action claims in the future.\\nIt is not yet clear when the case will be decided.","excerpt":"<p>On Monday, June 8, the Supreme Court granted review in a case that may significantly impact the standards for class certification. The case, Tyson Foods, Inc. v. Bouaphakeo, is one of four recent cases in which the Court has been asked to decide whether a class may be certified through the use of statistics when&hellip;</p>\\n"},{"id":6717,"path":"/blog/after-14-years-dukes-v-wal-mart-discrimination-case-will-go-to-trial","slug":"after-14-years-dukes-v-wal-mart-discrimination-case-will-go-to-trial","modified":"2015-06-15T17:28:07","title":"After 14 Years, Dukes v. Wal-Mart Discrimination Case will go to Trial","content":"On Friday, June 5, a California federal judge announced that after 14 years of litigation, a prominent gender discrimination suit against Wal-Mart Stores, Inc. will go to trial. Betty Dukes, the lead plaintiff in the formerly large class action, is a past Wal-Mart greeter who alleges that she observed widespread gender bias during her time as an employee. U.S. District Judge Charles R. Breyer preserved several of Dukes’ allegations, along with those of four other women, including the claim that they were excluded from promotion opportunities due to their gender.\\n“Overall, these cases survive,” Judge Breyer said during the San Francisco hearing. “There’s enough admissible evidence and questions of material fact that it should go to trial.”\\nWhile Judge Breyer ruled in Wal-Mart’s favor on certain claims regarding retaliation, unfairly gendered payment, and a hostile workplace environment, he did preserve all of the claims brought by Ms. Dukes, including that she was passed over for promotion because of her race and gender, and that she faced retaliation from Wal-Mart for complaining.\\nDukes original discrimination suit against Wal-Mart was filed in 2001. The district court certified a national class in 2004 and the Ninth Circuit affirmed the lower court’s decision six years later, in 2010. Wal-Mart then appealed to the Supreme Court, which reversed the ruling in a landmark decision that has since been considered an obstacle to workers seeking to bring classwide discrimination claims—gender-based or otherwise. Wal-Mart lost a bid to throw out the suit in 2012, however, when Judge Breyer found that the Supreme Court’s ruling did not bar the consideration of modified classes.\\nAt long last, the Dukes trial is set for September 1—but Judge Breyer noted that while the case is the oldest in the district, criminal cases will still take precedent under the speedy trial act, meaning it is possible for the trial date to be pushed back. The case is Betty Dukes et al. v. Wal-Mart Stores Inc., in the U.S. District Court for the Northern District of California.","excerpt":"<p>On Friday, June 5, a California federal judge announced that after 14 years of litigation, a prominent gender discrimination suit against Wal-Mart Stores, Inc. will go to trial. Betty Dukes, the lead plaintiff in the formerly large class action, is a past Wal-Mart greeter who alleges that she observed widespread gender bias during her time&hellip;</p>\\n"},{"id":6714,"path":"/blog/hair-stylists-may-be-misclassified-workers","slug":"hair-stylists-may-be-misclassified-workers","modified":"2015-06-08T16:23:27","title":"Hair Stylists May be Misclassified Workers","content":"Last week, one of our blog articles covered the risk of worker misclassification in tech start-ups like Uber and Airbnb. According to recent articles from Think Progress and New York Magazine, however, a much older profession is also consistently subject to worker misclassification and consequent employee abuse: the hairstyling industry.\\nOnly 10% of hair salons rely on direct employees, which means that the other 90% are either privately owned by individuals or hire independent contractors. Journalist Bryce Covert at Think Progress reports that this latter group has grown by 83 percent over the past decade, and is the most popular labor model within the industry.\\nAn “independent contractor” employment classification means that stylists pay to rent a booth at a salon, using the space as a platform for their own independently-offered services. However, in many cases, they are still subject to the salon owner’s rules, being treated as traditional employees despite their classification as independent workers. Owners may demand to control stylists’ working hours, billing policies, and even which products they offer. In the meantime, because the stylists are not covered by the Fair Labor Standards Act as independent contractors, salon owners aren’t required to provide overtime pay, social security, Medicare, unemployment insurance, or even the minimum wage. Stylists working under this model are also not legally protected from discrimination.\\nEven in the rare instances where stylists are on payroll, unfair labor practices still abound. One woman who worked as a hairdresser in Michigan for 21 years disclosed that commissions for stylists can start at 45 to 55 percent of the total cost of a service. However, it’s common for salon owners to deduct product costs from stylists’ paychecks—and after that expense, commissions can drop as low as 25 percent. Working conditions, too, can be abysmal. “Most days I worked 10 hours straight without one single moment to go to the bathroom, let alone sit down or have a bite to eat,” the former hairdresser said.\\nIn a 2008 survey of New York City workers, 45% of hairdressers and cosmetologists were not paid the minimum wage. Over 87% were denied meal breaks and made to work off the clock before or after their shifts, and over 98% did not receive the overtime pay they were owed. Usually, in the independent contracting model, if an unhappy client wants a refund, the money is taken out of the stylist’s paycheck in its entirety. Most salons don’t pay an hourly wage at all, simply giving stylists commission and often forcing them to rely on tips. “It’s very rare to find an owner that complies with wage and hour laws,” said Tina Alberino, a salon industry consultant who works with stylists whose rights have been violated. Even in upscale salons, higher prices are no guarantee that hairdressers are receiving fair treatment.\\nAccording to Alberino, labor practices lawsuits on behalf of stylists often aren’t successful. Most of the time, neither salon owners nor stylists keep detailed records, and investigations within the cosmetology industry can fall short. Salon practices that violate labor laws are so widespread that they are often accepted as standard, but ultimately, worker misclassification is a pervasive form of exploitation. The best way to safeguard against unfair labor practices and mistreatment is to stay informed of one’s rights as an independent contractor, and thereby become aware of potential worker misclassification.","excerpt":"<p>Last week, one of our blog articles covered the risk of worker misclassification in tech start-ups like Uber and Airbnb. According to recent articles from Think Progress and New York Magazine, however, a much older profession is also consistently subject to worker misclassification and consequent employee abuse: the hairstyling industry. Only 10% of hair salons rely&hellip;</p>\\n"},{"id":6709,"path":"/blog/cvs-accused-of-racial-discrimination-in-potential-class-action","slug":"cvs-accused-of-racial-discrimination-in-potential-class-action","modified":"2015-06-05T18:52:04","title":"CVS Accused of Racial Discrimination in Potential Class Action","content":"On Wednesday, June 3, four former CVS employees filed a lawsuit in Federal District Court in Manhattan, claiming that staff in CVS stores throughout New York City discriminated against African-American and Hispanic customers, profiling them and referring to them with slurs and racial epithets. The plaintiffs are suing the national pharmacy chain itself, as well as some of its managers, for reportedly directing the workers to keep an eye on certain customers under racially-motivated suspicion of larceny, ordering them, among other things, to “follow that black guy.” \\nThree of the four plaintiffs also claim that they were made to endure hostile working conditions after they complained about racial discrimination not only against the customers, but against themselves. Two plaintiffs state that their complaints were met with retaliation in the form of “increased scrutiny, micromanagement, and fabricated performance criticisms.” Their lawsuit alleges that CVS violated the New York State Human Rights Law, as well as the New York City Human Rights Law.\\nAccording to the suit, one of the employees’ supervisors, Anthony Salvatore, would regularly tell subordinates that “black people always are the ones that are the thieves,” and that “lots of Hispanic people steal.” Another supervisor, Abdul Selene, often told the workers—who were detectives, or “market investigators,” within the loss prevention department—to “watch the black and Hispanic people to catch more cases.”\\nThe case’s subject matter is unique in that it claims systematic racial discrimination across numerous CVS stores in the New York City area, perpetuated by multiple managers and directors not only of the loss prevention department, but of the store itself. The lawsuit does not specify the exact number of CVS locations where the plaintiffs experienced or observed discrimination, but David E. Gottlieb, an attorney for the plaintiffs, called the discrimination “an institutional problem at CVS.” “[T]his is the first time a group of employees has banded together to provide an inside account and expose the blatant racial profiling policy at one of the largest retailers in the world,” he said. \\nThe four former workers claim that they were “directed to follow utterly despicable and racist directives,” and that “CVS intentionally targets and racially profiles its black and Hispanic shoppers based on the highly offensive, discriminatory, and ill-founded belief that these minority customers are criminals and thieves.” The plaintiffs are seeking unspecified damages, and the complaint may evolve into a class action lawsuit.","excerpt":"<p>On Wednesday, June 3, four former CVS employees filed a lawsuit in Federal District Court in Manhattan, claiming that staff in CVS stores throughout New York City discriminated against African-American and Hispanic customers, profiling them and referring to them with slurs and racial epithets. The plaintiffs are suing the national pharmacy chain itself, as well&hellip;</p>\\n"},{"id":6700,"path":"/blog/call-in-work-schedules-scrutinized-in-victorias-secret-class-action","slug":"call-in-work-schedules-scrutinized-in-victorias-secret-class-action","modified":"2015-06-05T14:36:43","title":"“Call-In” Work Schedules Scrutinized in Victoria’s Secret Class Action","content":"A recently announced class action lawsuit against Victoria’s Secret in California brings to light national concerns about “call-in” work schedules. The suit coincides with an investigation into on-call scheduling in New York by the state attorney general’s office.\\nEmployees who are assigned call-in shifts are not guaranteed any work or pay for that particular day—rather, they are forced to remain available for hours before their shift, and call in to work well in advance to see whether the company needs them to come in that day, often waiting on hold to speak to a supervisor. Counterintuitively, on-call shifts are also typically considered scheduled shifts, meaning that workers can be penalized for arriving late or failing to come in, even though they may have as little as 30 minutes’ notice.\\nThe Victoria’s Secret suit claims that workers who are forced to remain available for on-call shifts are eligible for wage compensation if their shifts are canceled, just like they would be if they physically arrived to work but were sent home. On-call shifts can constitute 50% or more of employees’ weekly hours, so their income varies drastically week-to-week. Most of the time, employees’ unpredictable work schedules also prevent them from taking a second part-time job during their shift windows, since they may be called in at any time.\\nAccording to BuzzFeed News, research indicates that national chains can save tens of millions of dollars each year by keeping workers on the hook, ready to come in, and canceling their shifts last minute. The strategy is much more cost-effective than paying workers for partial shifts and sending them home when business is too slow to justify their presence.\\nThe on-call scheduling investigation taking place in New York includes Urban Outfitters and Bath &amp; Body Works as well as Victoria’s Secret. The attorney general’s labor bureau has contacted 13 different retailers operating 27 national chains, which it believes to include uncompensated on-call shifts in their scheduling practices. The debate about the legality of on-call scheduling currently revolves around judicial interpretation of the phrase “report for work.” If employees physically report but are not given work hours for the day, they must, under the law, be compensated. But what about those who expend time and energy outside the work site, making sacrifices to conduct work-related activities?\\n“If you’ve been published a schedule for your hypothetical call-in shift, if it’s mandatory, not optional, and you had to tailor your life around the shift, yes, you are reporting for work,” said David Leimbach, an attorney representing the Victoria’s Secret employees in their labor practices suit. “When an employee tailors their life around a work schedule, you should adjust their wages if they’re making themselves ready, willing, and able to work.”\\nLawyers for Victoria’s Secret estimate that if the chain were required to pay workers just two hours’ worth of wages for every canceled call-in shift between July 2010 and August 2014—just for part-time workers in California—that number would exceed $25.1 million. If restitution is implemented on a national scale, the company, along with other national retailers, may face a collective multi-billion dollar payout to workers who were unjustly denied their wages.","excerpt":"<p>A recently announced class action lawsuit against Victoria’s Secret in California brings to light national concerns about “call-in” work schedules. The suit coincides with an investigation into on-call scheduling in New York by the state attorney general’s office. Employees who are assigned call-in shifts are not guaranteed any work or pay for that particular day—rather,&hellip;</p>\\n"},{"id":6702,"path":"/blog/class-action-suit-filed-against-burger-king","slug":"class-action-suit-filed-against-burger-king","modified":"2015-06-04T15:54:42","title":"Class Action Suit Filed Against Burger King","content":"On Tuesday, June 4, U.S. District Chief Judge K. Michael Moore conditionally certified two classes of Burger King Corp. employees who have accused the chain of misclassifying employees in order to exempt them from overtime pay and therefore save on labor costs. Plaintiff Ronald Joseph Torres Roman, at this stage in the litigation process, has shown that there are sufficient similarities in the treatment and situation of other trainee coaches and sales and operation coaches who have joined the suit.\\nTorres Roman alleges that Burger King has “willfully chosen to uniformly misclassify a group of employees training to become Operation Coaches as exempt from the overtime wage provisions of the Fair Labor Standards Act (FLSA).” The supply of candidates for Operation Coach positions at the fast food chain far exceeded the number of available positions, and employees were forced to perform non-exempt duties indefinitely in the interim time between training and assuming their new positions. The complaint states that this policy decision was made at Burger King’s highest corporate level and was intentionally transgressive of the FLSA, which protects these classes of employees from overtime pay exemptions. \\nBurger King’s corporate Leadership Development Program, which the employees were all enrolled in, comprises a one-day-per-week formal training for future coaches and other types of managers. However, for the remainder of the work week, trainees were forced to work 10- to 13-hour days flipping hamburgers and conducting other labor-intensive, non-exempt tasks for local chain restaurants. Throughout their training, they were paid a base salary as exempt employees, despite spending the vast majority of their time performing tasks that did not correlate to their employment status. The complaint alleges that the class of employees “has been grossly underpaid and overworked.”\\nPlaintiff Torres Roman brings the claim on behalf of all employees enrolled in the corporation’s national Leadership Development Program as trainees, currently or at any point throughout the past three years. If the suit is successful, the class will recover compensation for all overtime hours worked in the past three years, along with an equivalent amount of liquidated damages.\\nUnder the Fair Labor Standards Act, many different types of employees are entitled to benefits such as overtime pay. Visit this page for a list of common positions eligible for overtime. Often, up to six years’ worth of lost overtime pay can be recovered in worker misclassification cases. The Working Solutions Law Firm takes all such cases on a contingency basis.","excerpt":"<p>On Tuesday, June 4, U.S. District Chief Judge K. Michael Moore conditionally certified two classes of Burger King Corp. employees who have accused the chain of misclassifying employees in order to exempt them from overtime pay and therefore save on labor costs. Plaintiff Ronald Joseph Torres Roman, at this stage in the litigation process, has&hellip;</p>\\n"},{"id":6689,"path":"/blog/violence-in-the-workplace-questioning-employer-responsibilities","slug":"violence-in-the-workplace-questioning-employer-responsibilities","modified":"2015-06-03T15:25:38","title":"Violence in the Workplace: Questioning Employer Responsibilities","content":"Natavia Lowery already had a record of identity theft and embezzlement when she stole $30,000 from her boss Linda Stein and clubbed her to death with a piece of exercise equipment. There were no warning signs of her criminal record or personal history before she was hired by Douglas Elliman, Stein’s real estate company. Lowery was previously accused of stealing $3,000 while working at a Virginia church and had several arrest warrants. She was eventually convicted of second-degree murder.\\nStein’s daughters filed a wrongful death lawsuit against the real estate firm and the temp agency that hired Lowery, claiming that they were negligent in not investigating the history of their employees. However, it can be difficult to ascertain the full backgrounds of potential hires. Employers may run the risk of racially biased profiling, and because of costs, many employers don’t search for criminal history to begin with.\\nDespite the difficulty of determining whether employees’ past behavior raises red flags, the stakes are high when there is a risk of violence in the workplace, and companies may be liable if violence does occur. Balancing the risk is difficult, though, as corporations face consequences for behavior perceived to be biased against certain classes of people, including former criminals. Laws in New York prevent companies from discriminating on the basis of arrest records during the hiring process, unless employers can ascertain that there exists a reasonable risk to others.\\nLast fall, Party City was ordered to pay a $95,000 fine after the Civil Rights Bureau found it to discriminate against applicants with criminal records, automatically rejecting any applicant with a felony conviction. Its settlement with the Attorney General’s office included a mandated rectification of its human resources practices.\\nIn an effort to expand anti-discrimination policy, over 70 cities and counties, including New York City, have removed the question regarding conviction history from employment applications, so that judgment can be deferred until after a tentative offer of employment has been made based on a candidate’s other qualifications. Under state law, employers must consider other factors in hiring workers besides the mere existence of a criminal record, such as the bearing of the applicant’s conviction on any specific responsibilities of the job sought, the person’s age at the time of offense, and proof of rehabilitation efforts.\\nThe greatest obstacles for the formerly incarcerated are job and housing discrimination, but employment opportunities actually reduce the likelihood of a repeat offense, getting ex-cons back on track. Employers should strive to remain cognizant of discrimination laws during the hiring process, while maintaining awareness of applicants’ reasonable risk to others so that tragedies like Linda Stein’s can be avoided. In the meantime, those who believe they may have a claim against a company—either with regard to criminal discrimination or a wrongful death or injury matter—are candidates for legal consultation.\\nMr. Davis commented on the Stein case in 2010.","excerpt":"<p>Natavia Lowery already had a record of identity theft and embezzlement when she stole $30,000 from her boss Linda Stein and clubbed her to death with a piece of exercise equipment. There were no warning signs of her criminal record or personal history before she was hired by Douglas Elliman, Stein’s real estate company. Lowery&hellip;</p>\\n"},{"id":6677,"path":"/blog/exploitation-in-silicon-valley-tech-start-ups-abuse-independent-contractors","slug":"exploitation-in-silicon-valley-tech-start-ups-abuse-independent-contractors","modified":"2015-05-29T20:00:44","title":"Exploitation in Silicon Valley: Tech start-ups abuse independent contractors","content":"With transportation start-up Uber enjoying a valuation increase from $18 billion to over $41 billion in a matter of months—jumping as much as $15 billion in a single week—the “digital middleman” labor model is on the rise. Like many recently successful start-ups, the company operates by providing a platform for independent contractors in place of hiring employees, a system that appeals to people seeking to earn money outside of traditional long-term, hourly employment. However, recent class-action suits have proven that this model opens the door to worker misclassification and provides potential opportunities for employers to take advantage of their workers.\\nThe new trend of coordinating independent contractors through web platforms like Uber, Airbnb, Homejoy, and TaskRabbit means that companies can classify their employees as 1099 contractors instead of W-2 wage earners. On the companies’ end, this is beneficial in a number of ways: workers are paid only for their time spent providing services, which means no overtime pay, no health benefits, no unemployment insurance, no worker’s compensation, and no retirement plans. Despite the convenience and ultralow costs associated with the managed-service model, however, independent contractors are increasingly being treated as employees, creating legal gray area for Silicon Valley.\\nThe classification of a worker as an employee is determined by the company’s degree of control over the worker in matters such as scheduling, job site, uniform, job training, tools used on the job, and degree of supervision. Often, companies seek to exercise a degree of control over workers’ behavior that is too excessive for 1099 contractors. \\nRecently, a group of approximately one thousand New York-based Uber drivers threatened to strike when the company began to penalize them for declining lower-cost fares in favor of fares that would earn them more money. Eventually, Uber backed down and revised its policy, but the company still faces opposition from those who believe that the legality of its practices is dubious when workers are forced to cover their own maintenance costs or injuries are sustained on the job. The company is currently facing a class action suit from workers in California and Massachusetts, who allege that Uber is misclassifying them as independent contractors when they should be considered W-2 employees. \\nAlthough using contractors eliminates overtime pay and results in lower costs, such highly profitable companies can afford to bring contractors onto payroll—and if workers are discovered to be wrongly classified, companies will owe thousands of dollars in back payroll taxes and overtime pay anyway. Federal court recently found that FedEx delivery drivers in California were misclassified as contractors due to the company’s broad control over their schedules and methods. The court found the employees entitled to benefits such as overtime pay and reimbursement of expenses. \\nThe benefits of a freelance marketplace are flexibility of schedule and scope of work, yet the freelance model is frequently abused. Silicon Valley’s overt dependence on independent contractors could come to a head when labor laws are demonstrably violated. For noncompliant companies, lawsuits brought by contractors could force an overhaul of practices, and reward mistreated workers with the benefits they are due.","excerpt":"<p>With transportation start-up Uber enjoying a valuation increase from $18 billion to over $41 billion in a matter of months—jumping as much as $15 billion in a single week—the “digital middleman” labor model is on the rise. Like many recently successful start-ups, the company operates by providing a platform for independent contractors in place of&hellip;</p>\\n"},{"id":6662,"path":"/blog/home-care-workers-now-eligible-for-minimum-wage-and-overtime-pay-protections","slug":"home-care-workers-now-eligible-for-minimum-wage-and-overtime-pay-protections","modified":"2015-05-29T13:54:20","title":"Home Care Workers Now Eligible for Minimum Wage and Overtime Pay Protections","content":"In late 2013, the Obama administration announced the imminent extension of minimum wage and overtime pay protections to the nearly two million Americans who provide home care, including health care, to the elderly and disabled. The new regulation is in effect as of January 1, 2015.\\nAs a result of changes to the Fair Labor Standards Act, the nation’s primary wage and hour law, workers who provide home care services—including certified nursing assistants, home health care aides, personal care aides, home caregivers, and companions—are now entitled to the federal minimum wage of $7.25, as well as time-and-a-half overtime pay for hours that exceed 40 per week. At the time of the announcement, the New York Times noted that the new rule marks the end of a 40-year-old federal wage law exemption that treated qualified home health care workers no differently from babysitters, denying them both overtime pay and minimum wage protections.\\nHome care worker advocate Jodi Sturgeon, president of the Paraprofessional Healthcare Institute, stated that the ruling “corrects a long-standing injusticeFinally, home care workers have been guaranteed the same protections as almost every other American worker.”\\nDespite a warm reception from home health care aides and their advocates, the regulation faces backlash from home care agencies and third-party employers, who claim that the increased costs associated with minimum wage and overtime pay will prevent the sick and elderly from seeking full-time home health care aid, pushing them into nursing homes instead. To ease the transition for consumers, the Department of Labor announced that it will delay enforcement of the rule until June 30, 2015, after which date it will “exercise its discretion” in determining whether to enforce for the remainder of the year, based on entities’ “good faith efforts” to bring their programs into compliance with the new overtime pay and minimum wage requirements.\\n“We have consistently emphasized the importance of implementing the rule in a manner that both protects consumers and expands wage protections for direct-care workers,” the Department of Labor said in a statement shortly before the regulation took effect. “We believe this non-enforcement policy will help achieve both of those goals.”\\nPrior to the regulation’s passage, 15 states already provided overtime pay and minimum wage protections to home care aides. Laura Fortman of the Labor Department’s Wage and Hour Division noted, “We have not seen any evidence that [eliminating the wage law exemption] has resulted in job loss or any serious negative impact for the workers or for the people using the services…We think the workers providing this critical work should be receiving the same basic protection and coverage as the vast majority of American workers.”","excerpt":"<p>In late 2013, the Obama administration announced the imminent extension of minimum wage and overtime pay protections to the nearly two million Americans who provide home care, including health care, to the elderly and disabled. The new regulation is in effect as of January 1, 2015. As a result of changes to the Fair Labor&hellip;</p>\\n"},{"id":6684,"path":"/blog/online-work-complaints-ruled-to-be-protected-speech","slug":"online-work-complaints-ruled-to-be-protected-speech","modified":"2015-05-28T20:38:19","title":"Online Work Complaints Ruled to be Protected Speech","content":"In late 2014, a three-member panel of the National Labor Relations Board (NLRB) concluded that Triple Play Sports Bar and Grille had violated the National Labor Relations Act (NLRA) when it fired two employees over comments made on Facebook disparaging the restaurant’s owner, deeming the event an instance of wrongful termination.\\nThe case began in January 2011 when waitress Jillian Sanzone discovered that she, along with several other coworkers, mistakenly owed state taxes on her wages. Shortly after the incident, a former Triple Play employee posted a complaint on Facebook about the tax miscalculation, targeting the restaurant’s owners, Ralph DelBuono and Thomas Daddona. Ms. Sanzone commented “I owe too” on the post, and referred to Mr. DelBuono with the term “asshole.” Another employee, Vincent Spinella, “liked” the original post, but not Ms. Sanzone’s comment, nor any other comments. The following day, Ms. Sanzone and Mr. Spinella were fired in retaliation, with their employers citing the Facebook exchange as cause for termination. The restaurant also threatened to sue all three individuals for defamation.\\nMs. Sanzone filed a charge to the NLRB regarding her termination, and the Board found that the employees’ online discussion was protected “concerted activity” that involved improving their employment conditions. Section 7 of the National Labor Relations Act protects the right of employees seeking “mutual aid or protection.” Although the exchange took place on social media, the employees voiced legitimate concerns about workplace conditions, specifically the miscalculation of taxes. Mr. Spinella’s Facebook “like” was also protected, as it was considered a demonstration of support for voicing workplace concerns. Section 8 of the NLRA outlaws employers’ attempts to stifle concerted activity or retaliate against individuals who act in good faith.\\nIt is important to note that the Act does not protect any employee who disparages or defames an employer through false or malicious statements that cause damage to the employer. But defamation must be factual; the “asshole” comment was protected as rhetorical hyperbole.\\nThe NLRB required Triple Play to offer reinstatement to Ms. Sanzone and Mr. Spinella, and compensate them both for lost earnings and any adverse tax consequences that may have arisen as a result of their wrongful termination. The Board also issued an order mandating that Triple Play revise its social media policy, which it deemed to contain language prone to “imprecise interpretation,” potentially in a manner contrary to activities protected by the National Labor Relations Act. If any employer has a social media policy that would hinder an employee’s exercise of concerted activity rights, it is a violation of the NLRA, even if the policy itself is not violated and no wrongful termination occurs.\\nAs the Triple Play case demonstrates, employees can safely make incendiary Facebook comments about their employer, as long as they are expressing legitimate workplace concerns. The right to speak out about workplace problems merits NLRA protection, and individuals will be insulated from employer retaliation.","excerpt":"<p>In late 2014, a three-member panel of the National Labor Relations Board (NLRB) concluded that Triple Play Sports Bar and Grille had violated the National Labor Relations Act (NLRA) when it fired two employees over comments made on Facebook disparaging the restaurant’s owner, deeming the event an instance of wrongful termination. The case began in&hellip;</p>\\n"},{"id":6646,"path":"/blog/firm-news-eeoc-makes-246-million-recommendation-for-local-1180","slug":"firm-news-eeoc-makes-246-million-recommendation-for-local-1180","modified":"2015-05-05T10:00:44","title":"Firm News: EEOC Makes $246 Million Recommendation for Local 1180","content":"The Law Office of Christopher Q. Davis is serving as co-lead class counsel on behalf of all Administrative Managers employed with the City of New York and affiliated with Local 1180 of the Communications Workers of America in a highly publicized discrimination lawsuit. In April, the EEOC made a probable cause determination that the City engaged in a broad pattern of discrimination, paying minorities and women substantially less than their white male counterparts. After completing its investigation, the federal commission recommended that the city pay back wages and other damages in the amount of $246 million.","excerpt":"<p>The Law Office of Christopher Q. Davis is serving as co-lead class counsel on behalf of all Administrative Managers employed with the City of New York and affiliated with Local 1180 of the Communications Workers of America in a highly publicized discrimination lawsuit. In April, the EEOC made a probable cause determination that the City engaged&hellip;</p>\\n"},{"id":6644,"path":"/blog/wide-spread-sexual-harassment-low-wages-are-widespread-in-the-restaurant-industry","slug":"wide-spread-sexual-harassment-low-wages-are-widespread-in-the-restaurant-industry","modified":"2015-05-04T20:20:10","title":"Widespread Sexual Harassment & Low Wages in the Restaurant Industry","content":"In a recent New York Times article, opinion writer and University of Nevada instructor Brittany Bronson shared her personal experiences with sexual harassment in the restaurant industry, which is rampant among tip-earning service workers such as waiters, bartenders, expeditors, busboys, and hosts. Her personal story corroborates a report published last fall which found that workers earning the tipped minimum wage were twice as likely to experience sexual harassment in the workplace than those making standard minimum wage. According to the report, restaurant workers who live off tips are uniquely vulnerable to these exploitative and illegal practices because their base rate of pay is so low that they must endure unwanted sexual behavior and policies in order to collect their tips.\\nUnfortunately, sexual harassment is considered an acceptable risk of employment among service workers. As Bronson puts it, “When I find a remark disgusting, or have my hands, shoulders and hips held for uncomfortably long periods of time by men I don’t know, I have to suppress my natural reaction. I try to ignore it, or feign amusement, all for the sake of the guest’s experience, my job security, and the chance of a good tip. It’s easy to have ideals, but reconciling them with the need to pay rent is a more difficult task in a town with few professional opportunities.”\\nOf the 50 states, 43 allow employers to pay below minimum wage before tips, leaving employees dependent on their client or guest for subsistence wages. The United States is the only industrialized democracy with a two-tiered minimum wage. However, New York Governor Cuomo appointed a new wage board to investigate increasing the wages of tipped workers – the current tipped minimum wage in New York state is just $5 an hour. There are roughly 230,000 tipped workers in the state and three-quarters of them work in the restaurant &amp; hospitality industry.\\nEmployees can and should take action into their own hands. If harassment goes ignored or even encouraged by your employer, there are ways an attorney can help. The restaurant industry, more than any other industry, is deeply resistant to compliance with labor and employment laws and regulations, and violations of the law can range from wage and hour violations relating to pay, like unpaid overtime or illegal tip pooling (management cannot participate in or otherwise dip into tipped workers’ tip pool), in addition to sexual discrimination, plus retaliation for reporting paycheck or wage problems or discrimination at work. Whether or not you have voiced a complaint, and regardless of the industry you may work in, institutionalized harassment and discrimination in the workplace is reprehensible and should be punished.","excerpt":"<p>In a recent New York Times article, opinion writer and University of Nevada instructor Brittany Bronson shared her personal experiences with sexual harassment in the restaurant industry, which is rampant among tip-earning service workers such as waiters, bartenders, expeditors, busboys, and hosts. Her personal story corroborates a report published last fall which found that workers&hellip;</p>\\n"},{"id":6585,"path":"/blog/new-yorks-living-wage-gets-mayoral-boost","slug":"new-yorks-living-wage-gets-mayoral-boost","modified":"2015-04-24T20:07:20","title":"New York’s Living Wage Gets Mayoral Boost","content":"Living wage legislation is proven to reduce poverty, and New York City Mayor de Blasio is taking a step toward fulfilling his campaign promise to reduce income inequality. A living wage is the minimum income required to meet basic needs like housing, clothing, and nutrition without additional aid. A living wage is different from minimum wage, which is set somewhat arbitrarily. The minimum wage is often not high enough to meet basic needs and leaves many in dire need of additional support from government programs.\\nDe Blasio’s executive order means that businesses that receive city subsidies will have to pay employees who aren’t receiving health benefits $13.13 an hour, up from $11.90. Workers who do receive health benefits who currently earn $10.30 will now receive $11.50. This change will cover 18,000 workers over the next five years. Living wage laws cover businesses that receive state assistance or have contracts with the government. The Mayor hopes to pressure the State Legislature to raise the minimum wage across the board, currently an inadequate $8.75 an hour. Although President Obama’s efforts to raise the national minimum wage to $10.10 has stalled, 13 states and 4 cities saw minimum wage increases this year in their local legislature.\\n“This new living wage executive order will improve the lives of thousands of low-wage workers, especially in the retail sector, Stuart Appelbaum, president of the Retail, Wholesale &amp; Department Store Union, said in a news release. It will ensure that retail tenants and subtenants in development projects help reduce poverty instead of perpetuating it.”","excerpt":"<p>Living wage legislation is proven to reduce poverty, and New York City Mayor de Blasio is taking a step toward fulfilling his campaign promise to reduce income inequality. A living wage is the minimum income required to meet basic needs like housing, clothing, and nutrition without additional aid. A living wage is different from minimum wage,&hellip;</p>\\n"},{"id":6267,"path":"/blog/overtime-crimes-employer-wage-theft-amounts-50-billion-year","slug":"overtime-crimes-employer-wage-theft-amounts-50-billion-year","modified":"2015-01-12T17:49:19","title":"Overtime Crimes: Employer Wage Theft Amounts to $50 Billion a Year","content":"An overwhelmingly large percentage of workers eligible for overtime pay are intentionally denied earned overtime wages by unscrupulous employers who are rarely punished and steal with impunity. This was the conclusion reached by the Economic Policy Institute, a Washington D.C.-based research and policy institute, and published in a report this past fall.\\nTo place this in perspective, as the report further notes, all wage theft, including the intentional non-payment of minimum wage and overtime pay, resulted in approximately $50 billion in lost wages in 2012, while burglaries, robberies, larcenies, and all other categories of theft across the country resulted in only $14 billion in loss. Despite this, in 2012, the US Labor Department recovered only $1 billion of the $50 billion in unpaid wages, a small portion of the total wages lost.\\nSo how do these businesses get away with such a staggering fraud? Under the Fair Labor Standards Act (the FLSA”), workers must receive overtime pay for all hours worked over 40 in a workweek unless they fall within certain exception categories known as exemptions. Contrary to popular opinion, an employer cannot avoid paying overtime simply by paying an employee a salary. In fact, many salaried employees are eligible for overtime pay.\\nUltimately the question of whether or not an employee is overtime eligible (or “nonexempt” from the FLSA) is determined based on an analysis of the duties performed week to week and whether or not the majority of the duties performed are exempt or nonexempt. Employers are responsible for classifying their employees as either “nonexempt” or “exempt” based on whether or not their job duties match those necessary to qualify for an exemption. In New York and most states, employers are responsible for providing wage notices to their employees indicating the wage rates they will receive and if they are “exempt” or “nonexempt” from the FLSA.\\nOften, however, employers will intentionally misclassify certain categories of workers as exempt from the FLSA and the NYLL in order to justify not paying out large amounts in overtime pay. Scores of workers in New York and across the country are being exploited for this very reason. Certain types of employees, such as IT help desk and desktop support employees, retail-level assistant managers, sales professionals, administrative assistants, financial advisors, clerks, interns, trade clearance or operations specialist, junior bookkeepers, line or prep chefs, messengers, call center professionals, and junior professionals or administrators in the insurance, financial, or accounting professions are routinely misclassified. As a result, management across an entire industry may be wrongly justifying the denial of overtime for certain types of employees.\\nAnd what happens if one of those employers is caught? The company is likely to offer a settlement, but only if they know that a litigation or DOL audit threat is credible and imminent.\\nHardly a just result, but for millions of underpaid employees who have struggled to keep their heads above water, litigation—or the threat of it—is the only possibility for recouping lost wages. Fortunately, New York affords employees six years worth of damages (unpaid back wages), a greater protection than federal law, which allows for three years worth of damages.","excerpt":"<p>An overwhelmingly large percentage of workers eligible for overtime pay are intentionally denied earned overtime wages by unscrupulous employers who are rarely punished and steal with impunity. This was the conclusion reached by the Economic Policy Institute, a Washington D.C.-based research and policy institute, and published in a report this past fall. To place this&hellip;</p>\\n"},{"id":6263,"path":"/blog/pregnancy-workplace-pregnancy-neutral-pregnancy-discrimination","slug":"pregnancy-workplace-pregnancy-neutral-pregnancy-discrimination","modified":"2014-12-28T22:46:53","title":"Pregnancy in the Workplace: “Pregnancy Neutral” or Pregnancy Discrimination?","content":"Peggy Young regularly lifted boxes weighing up to 70 pounds as a delivery truck driver for the UPS. When she became pregnant in 2006, she requested a few months of lightened loads to accommodate her pregnancy. Other UPS workers injured on the job or otherwise considered disabled under the Americans with Disabilities Act (ADA) were eligible under the collective-bargaining agreement for “light duty” work. But Young’s request was denied because she was not technically injured or disabled, so she was forced to take unpaid leave. Under both the ADA and the UPS collective-bargaining agreement, pregnancy is not considered a disability.\\nYoung’s request for an accommodation was ultimately denied by UPS because UPS treats pregnancy like an off-site or non-work injury. UPS refused to make physician-recommended “light duty” accommodations for Young or any other pregnant women despite the fact that they made the same adjustments for most other categories of workers, including those who had lost their driver’s license.\\nMs. Young brought a lawsuit alleging pregnancy discrimination based on UPS failure to accommodate her pregnancy while also accommodating other employees who could not work for reasons other than pregnancy. The trial court ruled against Young. Young appealed. Before the appellate court, Young’s attorneys argued that the The Pregnancy Discrimination Act, passed in 1978 as a supplement to Title VII of the Civil Rights Act of 1964, requires employers to treat pregnant women the same as other employees who are “similar in their ability, or inability, to work.” According to Youngs lawyers, for this reason, UPS was required to accommodate her because they permitted other employees with workplace restrictions to work light duty assignments. However, the Fourth Circuit Court of Appeals ruled in favor of UPS, finding that the policy in question and the decisions interpreting it did not explicitly consider an employees’ pregnancy.\\nThe Supreme Court recently heard oral argument by the lawyers representing both the company and the pregnancy employees, and is poised to rule in 2015. The Court’s decision will affect the lives of millions of American women. Sixty-two percent of women who were pregnant in the last twelve months were in the labor force. Lawyers for the employees argued that pregnant workers are the only category of worker routinely denied basic accommodations like light duty work, stools, water bottles, and bathroom breaks. They argued against the Fourth Circuit Court’s ruling in favor of UPS’ purported “pregnancy neutral” policy.\\nUPS’ interpretation of their own policy as “pregnancy neutral” has angered the plaintiffs, who see the issue as one of fundamental fairness. More conservative jurists have stoked the flames of this debate in the base; for instance, Judge Richard Posner, a well-regarded conservative jurist who addressed this issue in the past, ruled in favor of the employer, quipping, Employers can treat pregnant women as badly as they treat similarly affected nonpregnant employees. For plaintiffs’ attorneys, the unfairness involved is different; employers cannot treat pregnant women any worse than they treat similarly affected nonpregnant employees.\\nSenator Bob Casey, D-Pennsylvania is pushing the Pregnant Workers Fairness Act, which has gained support from President Obama, and which would address the problems presented by Young’s case. The issue of “pregnancy neutral” policies such as the UPS policy, as well as pregnancy discrimination in the workplace more generally, present complicated questions for young women in the workplace who are usually already in a physically, emotionally, and financially vulnerable position. Whether you support or oppose the UPS position, there is little debate that pregnancy discrimination poses numerous life challenges at the least opportune moment. Our firm is committed to answering the questions of those who need the assistance when it matters most.","excerpt":"<p>Peggy Young regularly lifted boxes weighing up to 70 pounds as a delivery truck driver for the UPS. When she became pregnant in 2006, she requested a few months of lightened loads to accommodate her pregnancy. Other UPS workers injured on the job or otherwise considered disabled under the Americans with Disabilities Act (ADA) were&hellip;</p>\\n"},{"id":6154,"path":"/blog/law-office-christopher-q-davis-files-complaint-wells-fargo-advisors","slug":"law-office-christopher-q-davis-files-complaint-wells-fargo-advisors","modified":"2014-11-14T14:16:20","title":"The Working Solutions Law Firm files complaint against Wells Fargo Advisors","content":"The Working Solutions Law Firm filed a complaint against Wells Fargo Advisors in the Eastern District of New York in October on behalf of Financial Advisors in WFA’s Private Client Group for unpaid overtime wages, minimum wages, unlawful promissory-note compensation, and other practices which unlawfully reduced their compensation. This lawsuit has received press attention, and other legal commentators have noted the strength of class claims.\\nMs. Hartley also separately filed a discrimination lawsuit stemming from intense harassment she received in WFA’s Garden City office during her employment as a Financial Advisor in the Private Client Group.\\nChristopher Davis was quoted in the Financial Times’ Fund Fire column in an article about both the overtime matter and the discrimination case. With respect to the discrimination matter, Mr. Davis explained to Fund Fire, The allegations that our client has put forth in the complaint involve grossly offensive conduct motivated by race and the claims are supported by documentary evidence.\\nThe attorneys are looking to speak with other Private Client Group Financial Advisors as investigative witnesses and for the sake of their continuing investigation into widespread wage violations. Financial Advisors who wish to speak to the firm’s attorneys for investigative purposes, or for any other inquiries, should contact Christopher Davis, Rachel Haskell, or Megan Dubatowka at 646-356-1010.","excerpt":"<p>The Working Solutions Law Firm filed a complaint against Wells Fargo Advisors in the Eastern District of New York in October on behalf of Financial Advisors in WFA’s Private Client Group for unpaid overtime wages, minimum wages, unlawful promissory-note compensation, and other practices which unlawfully reduced their compensation. This lawsuit has received press attention, and&hellip;</p>\\n"},{"id":6126,"path":"/blog/a-splash-in-the-tip-pool-even-elite-new-york-restaurants-steal-workers-wages","slug":"a-splash-in-the-tip-pool-even-elite-new-york-restaurants-steal-workers-wages","modified":"2014-11-12T20:51:26","title":"A Splash in the Tip Pool: Even elite New York restaurants steal workers’ wages","content":"Employees of the five-star Boulud restaurants filed a multimillion dollar class action lawsuit with the New York Supreme Court in June 2014. Hundreds of restaurants, including those in the top-tier, are operating illegally when they force employees to share their tips with workers who are not serving. Many restaurant workers are not being paid fair wages: they earn less than minimum wage without tips and are also illegally required to perform un-tipped tasks. Their gratuity money ends up going to managers and sometimes even owners, like millionaire celebrity chef Daniel Boulud. The attorneys bringing suit against him and his company allege that his employees were denied minimum wage and overtime compensation. The restaurants unlawfully took their tip money and retained gratuities made by customers under the impression they were tipping their servers.\\nRestaurant employees throughout Manhattan and Brooklyn are forced to work their entire careers earning a fraction of their rightful pay. These businesses are in violation of the Department of Labor—they are breaking the law. Workers who do not serve tables or bartend cannot legally pool their tips with kitchen staff, hosts, or managers. Although many restaurants do this, it should be considered theft and a flagrant violation of labor laws.\\nAs major-name eateries are brought to justice, more and more confrontations are likely. Only one current or former employee needs to come forward for employment attorneys to file a class action lawsuit. Servers Edison Lopez, Carlos Cruz Cacildo, and Justin Wands are suing Boulud on behalf of themselves and all others similarly situated. This is an efficient and safe way of seeking to recover unpaid wages and cash damages they are owed.","excerpt":"<p>Employees of the five-star Boulud restaurants filed a multimillion dollar class action lawsuit with the New York Supreme Court in June 2014. Hundreds of restaurants, including those in the top-tier, are operating illegally when they force employees to share their tips with workers who are not serving. Many restaurant workers are not being paid fair&hellip;</p>\\n"},{"id":6119,"path":"/blog/goldman-sachs-grapples-with-class-action-2300-women-claim-discrimination","slug":"goldman-sachs-grapples-with-class-action-2300-women-claim-discrimination","modified":"2014-11-10T20:45:49","title":"Goldman Sachs Grapples with Class Action: 2,300 women claim discrimination","content":"Former Goldman Sachs employees Cristina Chen-Oster and Shanna Orlich are leading a 2,300-member class in a gender bias suit against the banking firm in the Southern District Court of New York. Chen-Oster and Orlich first filed in 2010, and are still battling with the defendants. The plaintiffs recently rebuked an expert report by Michael A. Campion that explained the pay gap between male and female employees as “plausible” due to male workers’ greater willingness to take on “extreme jobs.” Plaintiffs filed a motion urging District Judge Analisa Torres to strike the report as methodologically unsound and as having “zero scientific credibility.” Goldman Sachs hopes to bar the women’s bid for class certification based on the wide variety of positions they held at the firm. They compared the scenario to the massive class struck down by the U.S. Supreme Court in Dukes v. Wal-Mart: “Both before and after Wal-Mart, federal courts have repeatedly denied class certification in employment discrimination cases where, as here, plaintiffs cannot show the existence of common questions suitable for class-wide resolution.” Originally filed in 2001, that case is still ongoing.\\nThe plaintiffs argued that women working in different departments should be grouped together in this suit alleging a gender gap in pay and promotions that were uniform discriminatory company policies. They alleged that the bank pays similarly situated female vice presidents 21 percent less than their male counterparts and 23 percent fewer female vice presidents are promoted to managing director roles.\\nBank of America recently settled a $39 million gender discrimination case brought by women working in its Merrill Lynch brokerage, a class of 4,800 current and former female employees. Meanwhile, Morgan Stanley recently agreed to a $4.2 million settlement in a different class action suit brought by client services associates who were denied overtime pay. One employee initiated the case in 2011, accusing Morgan Stanley of violating the Fair Labor Standards Act and state labor law. Morgan Stanley is fighting yet another consolidated action related to overtime pay, brought by financial advisers and financial adviser trainees. The bank added $53 million in legal costs in the second quarter, compared to $1.9 billion in earnings.","excerpt":"<p>Former Goldman Sachs employees Cristina Chen-Oster and Shanna Orlich are leading a 2,300-member class in a gender bias suit against the banking firm in the Southern District Court of New York. Chen-Oster and Orlich first filed in 2010, and are still battling with the defendants. The plaintiffs recently rebuked an expert report by Michael A.&hellip;</p>\\n"}],"d":[{"id":302,"name":"#banthebox","slug":"banthebox","count":1},{"id":292,"name":"#employmentlaw","slug":"employmentlaw","count":8},{"id":303,"name":"#fairchanceact","slug":"fairchanceact","count":1},{"id":304,"name":"#jobinterview","slug":"jobinterview","count":1},{"id":558,"name":"#sexualharassment","slug":"sexualharassment","count":1},{"id":293,"name":"#unlawfultermination","slug":"unlawfultermination","count":1},{"id":69,"name":"2Pac","slug":"2pac","count":1},{"id":82,"name":"Accent Discrimination","slug":"accent-discrimination","count":1},{"id":35,"name":"accommodation","slug":"accommodation","count":4},{"id":314,"name":"activision blizzard","slug":"activision-blizzard","count":1},{"id":420,"name":"ada","slug":"ada","count":2},{"id":43,"name":"age","slug":"age","count":6},{"id":54,"name":"age 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