Long Island Employment Law Blog

January 23, 2018

State Claims Tolled While In Federal Court

As Long Island employment lawyers, we keep up to speed with developments in employment law. Equally important though, is staying updated with questions of procedure. On January 22, 2018, the United States Supreme Court issued a decision relating to the statue of limitations for state law claims which are initially filed in federal court, but later dismissed.

Supplemental Jurisdiction: State Law Claims Brought in Federal Court

Employment laws are created by federal, state, and sometimes local laws. In other words, when an employee faces sexual harassment in the workplace (for instance) the employee’s claim may be brought pursuant to Title VII which is the federal workplace anti-discrimination law. But, in New York, the employee may also bring the claim under the New York State Human Rights Law and if the employee worked in New York City, the claim may be brought under the New York City Human Rights Law. Since the employee is using a federal statute, as well, the entire case may be filed in a United States District Court. Generally (and without discussion of the exceptions which may apply) cases involving just claims arising under state law cannot be heard in a federal court because the federal courts are courts of limited jurisdiction. But if state and federal claims are related, a federal court can exercise supplemental jurisdiction and the court can hear all the claims at once.

January 23, 2018

The “Weinstein Tax” Consequences

by Famighetti & Weinick

On December 20, 2017, the United States Congress passed a tax bill which changed many provisions of the United States tax code. Many of those most prominent changes received extensive coverage by the press. One smaller provision, however, did not receive much attention, but has the potential to affect sexual harassment cases in a significant way. Today’s Long Island employment law blog discusses the so-called “Weinstein” provision in the new tax bill.

Sexual Harassment Cases

For many reasons, victims of sexual harassment are often reluctant to bring their stories to light and to seek justice for the abuse they faced. One of the reasons victims are reluctant is that sexual harassment cases are often he said, she said, so victims are afraid that they won’t be believed. Perhaps a more troubling reason is that victims are worried that by making their claims public, their careers and/or reputations will be hurt.

January 19, 2018

Can My Job Require That I Get Vaccinated?

by Famighetti & Weinick

With many states declaring flu epidemics and with the spread of other communicable diseases, many employers, particularly in the health care industry, are requiring employees to receive vaccinations. Employees rightfully have concerns about being forced to receive a vaccination and so a common question is whether employers can force employees to be vaccinated against the flu or other diseases. Like most legal questions, the answer is not so simple. Today’s Long Island employment law blog explores the issue of whether employers can require employees to be vaccinated.

Employment at Will

The starting point to many employment law questions is the fact those most states, including New York, are employment at will states. Employment at will means that employers can hire or fire employees for nearly any reason at all, as long as the reason is not unlawful. Unless the employee was able to negotiate a contract which sets the terms of employment, employees generally remain at will so employers are free to impose all kinds of conditions on employment. One of the conditions an employer may place on an employee is that the employee be vaccinated against diseases, such as the flu. An employee may refuse to accept the vaccination, but in most cases, because the employee is “at will” the employer may fire the employee for not complying with a vaccination policy.

January 4, 2018

Do I Get Paid for a Snow Day?

by Famighetti & Weinick

Long Island is prone to Nor’Easters and other significant snow and weather events. A popular question is whether employers must pay their employees when the business closes due to snow or other inclement weather. Today’s Long Island employment law blog discusses pay issues related to weather emergencies.

Pay Laws in New York

In New York, employees are covered primarily by two laws which concern how employers pay employees. The Fair Labor Standards Act (FLSA) is a federal law which sets requirements for minimum wage and overtime. The New York Labor Law (NYLL) is New York’s counterpart to the FLSA and similarly sets a minimum wage in New York, overtime rules, and other pay related rules such as frequency of payments.

January 2, 2018

2018 Laws Taking Effect in New York

by Famighetti & Weinick

New year, new laws! New York is ringing in the new year with changes to employment laws which regulate workplaces. Today’s New York employment law blog examines some of the laws effecting New York workplaces in 2018, including paid family leave and minimum wage.

New York Paid Family Leave Law

January 1, 2018 marked the first day for New York’s new paid family leave law. The law applies to private employers with as few as one employee. Employees who have been working full-time for 26 consecutive weeks or part-time (less than 20 hours per week) for 175 consecutive days can take advantage of this new law to care for a family member who has a serious health condition. During this first year the law is in effect, eligible workers will be able to take up to 8 weeks of paid leave but after 2021, workers will be able to take up to 12 weeks off.

December 27, 2017

Workplace Safety Issues

by Famighetti & Weinick

Workplace safety is of paramount importance. Employees who are injured in the workplace risk disabling injuries which could prevent them from earning a living in the future. Lawsuits arising from workplace injuries could devastate businesses. Today’s Long Island employment law blog discusses workplace safety laws.

OSHA and Federal Workplace Safety Agencies

The Occupational Safety and Health Administration (OSHA) protects workers and ensures they are working under safe working conditions. In response to workplace safety complaints, OSHA is tasked with inspecting work sites. Employers, contractors, or work site owners who fail to comply with OSHA’s safety regulations, may receive hefty fines, loss of licensing, and even a lawsuit.

December 27, 2017

New York Class Action Lawsuits

by Famighetti & Weinick

In employment law, discrimination and unpaid wage and overtime cases are sometimes brought as class actions. Class actions allow one or more employees to represent a larger group of employees who have been harmed in a similar way as the “class representatives.” By bringing a case as a class action, the court can hear the dispute in a more efficient way than hearing perhaps hundreds of individual employees’ cases. Today’s Long Island employment law blog explores an unsettled question about settling cases involving class actions.

What is a Class Action?

On December 12, 2017, in Desrosiers v. Perry Ellis Menswear, LLC, a class action case, the New York Court of Appeals, the highest New York state court, was asked to decide whether members of a class need to be notified when a court dismissed the case or when a settlement occurred, even if the class action had not yet been certified by the court.

December 21, 2017

Do I Have to Pay Interns?

by Famighetti & Weinick

Employers often wonder whether they have to pay their interns. This is a question courts have also grappled with over the past few years. Today’s Long Island employment law blog explores the question of whether interns are employees, requiring that employers pay them at least minimum wage.

Employees Must be Paid At Least Minimum Wage

Both federal law and state minimum wage laws generally require that employees earn at least the minimum wage. In New York, the minimum wage varies depending on several factors such as, among other things, location (county), the type of work performed, and the size of the business.

December 20, 2017

Arbitrating Employment Wage Cases

by Famighetti & Weinick

Many employers include an arbitration clause in their employment contracts. An employee who signs this contract, gives up his or her right to sue in court over any job-related issues that may arise such as claims for wrongful termination, minimum wage payment violations, and overtime pay violations. Today’s employment law blog discusses recent developments about the applicability of arbitration clauses to claims of unpaid wages and overtime in New York.

Employers like to include arbitration clauses because the arbitration process is generally a quicker and cheaper alternative to a proceeding in court. Yet, a worker recently disagreed with a court’s decision requiring that he use arbitration instead of filing his Fair Labor Standards Act (“FLSA”) claim in court.

On December 12, 2017, the Second Circuit Court of Appeals was asked to decide whether claims under unpaid wage and overtime claims underthe FLSA are in fact subject to arbitration.

November 28, 2017

Probable Cause for Disability Discrimination

by Famighetti & Weinick

On November 21, 2017, the New York State Division of Human Rights determined that probable cause exists to believe that an employer discriminated against an employee on the basis of perceived disability. Long Island employment lawyers Famighetti & Weinick PLLC filed the charge of discrimination against a Nassau County employer in the Spring 2017 on behalf of one of the workers.

Perceived Disability Discrimination

The New York State Human Rights Law prohibits employers from discriminating against employees on the basis of the employee having a disability. Oftentimes, the question arises as to what constitutes a disability under the Human Rights Law. Under the statute, a disability can be an actual disability which is a medical impairment which affects the exercise of a normal body function. For example, a person with diabetes has a medical condition which affects the body’s ability to use sugar, so a person with diabetes will likely be considered disabled under the discrimination statute.