On August 8, 2024, acting Governor of New Jersey, Tahesha Way, signed a bill into law which goes into effect immediately, providing additional protections to New Jersey’s immigrant workers who expose or threaten to expose violations in the workplace. Specifically, employers who threaten to report or report a worker’s immigration status to a public […]
News
When Responding to Claims of Sexual Harassment, Half-Hearted Responses by Employers Can Lead to Liability
Employers who are made aware of sexual harassment in the workplace are required to take meaningful remedial action to address the situation. But what happens when an employer does take some response and the victim argues the employer’s response was not sufficient? As the case of Payne v. JetBlue Airways Corp., 2024 WL 3360381 (E.D.N.Y. […]
Laborers Sue Carpet Cleaning and Mold Remediation Company for Failure to Pay Overtime
On July 29, 2024, laborers sued a carpet cleaning and mold remediation company in Georgia called Genesis Restoration Services, Inc. (“Genesis”) for paying flat, daily rates that did not provide proper compensation for overtime. According to the lawsuit, the named plaintiff was called a “manager” by Genesis but performed substantially the same job […]
Federal Court Recommends Class Certification for Tax Preparers’ Wage Claims
On June 21, 2024, a federal magistrate judge in the Eastern District of New York recommended granting class certification to tax preparers alleging overtime violations and unlawful deductions, among other things. Specifically, the tax preparers sued two companies doing business as R & G Brenner Income Tax Centers (collectively, “R & G Brenner”), which operated […]
New York to Provide Nursing Mothers with Paid Lactation Breaks
On June 19, 2024, an amendment to New York Labor Law § 206-c (A08806C) will take effect, entitling nursing mothers to “30 minutes of paid break time each time they reasonably need to express breast milk.” Specifically, the amendment to § 206-c states: An employer shall provide paid break time […]
New York State Budget Provides for Paid Prenatal Personal Leave, First Law of Its Kind in U.S.
On April 20, 2024, Governor Hochul approved New York’s final budget for fiscal 2025, amending New York Labor Law § 196-b (the New York Paid Sick Leave Law) to require employers to provide up to 20 hours of “paid prenatal personal leave” (“PPPL”) in a 52-week period, beginning January 1, 2025. This is the first […]
U.S. Department of Labor Finalizes New Rule Increasing Overtime Salary Threshold
On April 23, 2024, the U.S. Department of Labor (“DOL”) released a final rule, raising the salary threshold for certain overtime exemptions under the Fair Labor Standards Act (“FLSA”), the federal law establishing minimum wage and overtime pay, among other things. Under the FLSA, employees who work more than 40 hours in a week must […]
Michigan Court Denies Fiat Chrysler’s Motion to Dismiss Claims that Company Failed to Include Shift Differentials and Bonuses in Workers’ Overtime Pay
On Friday, March 29, 2024, a federal court in Michigan denied Fiat Chrysler’s motion to dismiss a lawsuit alleging that the company failed to properly calculate workers’ overtime pay. Specifically, assembly workers, welder repair workers, and stock workers, among others, allege that Fiat Chrysler paid them a base hourly rate, such as about $15 […]
2nd Circuit Confirms Legitimate Non-Discriminatory Reason for Termination Does Not Necessarily Beat Discrimination Claims
In Bart v. Golub Corporation, No. 23-238, 2024 WL 1281069 (2d Cir. March 26, 2024), the Second Circuit Court of Appeals provided additional clarity to analyzing claims of discrimination under Title VII of the Civil Rights Act of 1964. Specifically, the Court addressed whether an employee needs to show an employer’s legitimate, non-discriminatory reason for […]
McDonald’s Workers Sue for Lack of Breaks and Private Space for Nursing, in Violation of PUMP Act
On February 14, 2024, McDonald’s workers Kathleen Faber and Lexis Mays brought a nationwide collective action against the company and its franchisees for failing to provide sufficient breaks or private spaces for employees who were lactating, in violation of the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”). The PUMP Act […]
New York State to Expand Protections for Freelance Workers
Employees possess a wide range of legal protections and benefits that freelancers, who work for themselves, do not. This often leaves freelancers vulnerable to the whims of their clients, who can potentially threaten a freelancer’s livelihood in ways that would be plainly illegal if done to an employee. On March 20, 2024, New York will […]
New York Prohibits Employers from Requesting Access to Employees or Applicants’ Social Media Accounts
On March 12, 2024, bill S2518A/A836 will go into effect, prohibiting employers from requesting employees and/or job applicants provide usernames, passwords, and/or other personal information necessary to access their social media accounts or from requesting or requiring an employee access their accounts in the employer’s presence. Employers are also prohibited from disciplining or retaliating against […]
Take the First Step Towards Workplace Justice
Don’t face workplace injustice alone. Our team is ready to listen, advise, and fight for your rights. Contact us today for a confidential, no-obligation consultation.