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Employment Law

Trade union lawyers target age discrimination

06/20/2019
If you think labor unions only cause trouble for employers that find themselves on the wrong side of a picket line, think again. At least one union has become a driving force in a nationwide effort to ferret out age discrimination and file class-action lawsuits to make it stop.

Presidential hopefuls picket with advocates for $15 minimum wage

06/18/2019
The Fight for $15 advocacy group that is pushing to raise the minimum wage nationwide picked up some notable support June 15.

2nd Circuit just made it harder for disabled employees to sue

06/13/2019
In a surprise win for New York employers trying to manage disabled workers, it just became a bit more difficult for plaintiffs in the 2nd Circuit to win disability discrimination claims brought under the ADA.

Long Island company settles EEOC bias case for $407,000

06/13/2019
West Babylon-based A&F Fire Protection Co. Inc. has agreed to pay a class of black and Hispanic employees $407,000 to compensate them for blatant racial discrimination, harassment and retaliation.

Carefully track all details when replacing older worker

06/13/2019
To win an age discrimination case, a worker usually must prove she was replaced by someone significantly younger.

Work just sorta stinks? Judge says, ‘Too bad!’

06/13/2019
When it comes to work, pleasant is often good enough. Perfection is probably too much to ask for. Courts understand this, and won’t let a lawsuit advance if it’s just based on common gripes.

Conversations among co-workers can be enough to certify class-action lawsuit

06/13/2019
When an employee claims she wasn’t paid properly under the Fair Labor Standards Act, she can ask the court to represent all other similarly situated workers in a potentially costly class-action suit. It doesn’t take much more than a few casual conversations with co-workers for a single plaintiff to move a class-action lawsuit forward.

Transfer after taking FMLA leave? That could be considered retaliation

06/13/2019
If you transfer an employee soon after she has returned from FMLA leave, you could wind up facing an FMLA retaliation lawsuit. And as long as the employee can show the transfer was motivated by the use of FMLA leave, she can take a lawsuit to a jury.

HCE exemption hard for worker to challenge

06/13/2019
Employees who earn at least $100,000 per year to perform office work and at least one duty required under the Fair Labor Standards Act’s administrative, executive or professional classifications may be considered Highly Compensated Employees who are exempt from the law’s overtime requirements. Few workers who challenge an HCE classification win.

Act immediately to put a stop to harassment

06/13/2019
Employers that take every sexual harassment complaint seriously, investigate the allegations and act fast to stop it usually prevail if an internal complaint turns into a lawsuit. A recent case demonstrates what employers should routinely do.