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The Fourth Circuit recently held that people suffering from gender dysphoria qualify for protections under the American with Disabilities Act (“ADA”).  The ADA protects people who suffer from disabilities.  Under the ADA, “disability” is broadly defined to include “a physical or mental impairment that substantially limits one or more major life activities of such individual.” […]

On August 2, 2022, the New Jersey Supreme Court unanimously reversed a finding that workers for a drywall installation company were independent contractors, instead ruling that the workers had been misclassified and were, in fact, employees.  As previously outlined here, in 2018, the Supreme Court of California established the so-called “ABC Test,” which creates a […]

On August 10, 2022, Chipotle Mexican Grill, Inc. (“Chipotle”) and New York City reached a $20 million settlement to resolve a suit filed by the city in April 2021 alleging the restaurant committed approximately 599,693 violations of the Fair Workweek Law (“FWL”) and failed to provide its employees the requisite 56 hours of paid sick […]

Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin.  To establish a prima facie case of discrimination, an employee must show that: (1) he/she is a member of a protected class, (2) met the employer’s legitimate job expectations, (3) suffered an adverse employment action, and (4) another similarly situated employee […]

Under 29 C.F.R. § 778.201, lump sum premiums, which are paid without regard to the number of hours worked, and premiums delineated in the Fair Labor Standards Act (FLSA) §§ 207(e)(5)-(7), are considered non-overtime premiums and must be included in employees’ regular rate upon which overtime rate is based.   During the Covid-19 pandemic, many […]

On June 22, 2022, Hawaii’s Governor, David Ige, signed a bill into law that will gradually increase the state’s minimum wage from the current rate of $10.10 to $18 per hour by January 1, 2028.  The bill, HB 2510, is the nation’s first minimum wage law that will provide workers with a minimum wage of […]

On July 1, 2022, the New York State Senate passed S.51002, more commonly known as the Equal Rights Amendment to the New York State Constitution.  Most notably, the Equal Rights Amendment, if passed, will enshrine citizens’ right to seek abortions and access contraception within the State Constitution itself.  Unsurprisingly, the renewed effort to pass the […]

On June 29, 2022, the Temp Workers’ Bill of Rights passed the New Jersey Senate and Assembly and will be placed before Governor Phil Murphy for his anticipated approval.  The bill will increase transparency in New Jersey’s largely unregulated temp agency industry and will improve working conditions for the state’s roughly 130,000 temp workers.  Specifically, […]

The New York State legislature recently passed the Freelance Isn’t Free Act (“FIFA”) and the bill is expected to be delivered to the Governor later this year.  If passed into law, FIFA would provide important protections for independent contractors who are not afforded protections under the employment laws.       To be covered by […]

Over the past few years, the gig economy has grown tremendously.  Gig workers are independent contractors or freelancers who typically perform short-term work.  Gig workers can work hourly, part-time, project-based and can either work on an ongoing contract or temporary position.  Gig workers receive 1099 tax forms while employees receive W-2 tax forms.  Although there […]

Faruqi & Faruqi, LLP is honored to represent Robert Jackson in his lawsuit against the ACLU.  Mr. Jackson alleges that the ACLU fired him in retaliation for complaining about structural racism within the ACLU at the organization’s Southern Collective Convening event in Montgomery, Alabama.  While the ACLU is known for its strong advocacy on behalf […]

Faruqi & Faruqi, LLP is thrilled to announce that Alex J. Hartzband is promoted to Partner.  Alex focuses his practice on all aspects of employment law, representing employees in individual, class, and collective actions involving wrongful termination, discrimination, retaliation, and wage theft.  Congratulations, Alex, and continue the great work!