New York City is the first city to implement a law to protect its 1.3 million freelance workers against nonpayment. The Freelance Isn’t Free Act (FIFA) mandates that employers sign a contract for freelance work that is valued at $800 or more, either for a single job or total services contracted within a 120-day period. The contracts must include the date the freelancer will receive payment; if they do not include the date of payment, businesses must compensate the freelancer within 30 days of completing the work. FIFA seeks to protect freelance workers against employer retaliation and can increase financial consequences for employers who violate the new rules. Continue reading “New York Law to Protect Freelance Workers Goes Into Effect”
Category: Employment Law
New York Employer Guidelines for Wage Garnishment
When an employee does not pay off his or her debt, a creditor may turn to wage garnishment as a means of collecting the money that is owed. Under New York State law, creditors are restricted in the amount that they can garnish from an employee’s wages for repayment of debt. It is important that New York employers accurately and appropriately manage wage garnishment while remaining in compliance with the law. Continue reading “New York Employer Guidelines for Wage Garnishment”
Governor Cuomo Signs Executive Orders Intended to Eliminate Wage Gap
With the gender wage gap only improving by 8% in the last 20 years, New York Governor Andrew
Cuomo signed two executive orders aimed at decreasing the wage gap between men and women. The executive orders which were signed on January 11, 2017 come at a time where New York State women are making only 89% of their male counterparts. Women of color see the largest gap in wages as compared to their white male counterparts. By the signing of the two executive orders governor Cuomo hopes to level the playing field for women who are applying for new jobs. Continue reading “Governor Cuomo Signs Executive Orders Intended to Eliminate Wage Gap”
Woman Who Uses a Gestational Surrogate Sues Verizon For Workplace Discrimination
Marybeth Walz has filed a lawsuit in Boston federal court against Verizon Network Solutions, of Basking Ridge, where she worked as a salesperson, earning $170,000. Ms. Walz has filed suit for improperly handling her untraditional method of having a child. The complaint accuses Verizon of pregnancy, disability, and sex discrimination, as well as employer retaliation and violation of the Family and Medical Leave Act (FMLA). Continue reading “Woman Who Uses a Gestational Surrogate Sues Verizon For Workplace Discrimination”
Second Circuit Looks to New York State Court of Appeals for Guidance Regarding NYCHRL
The United States Court of Appeals for the Second Circuit is seeking clarification from the New York Court of Appeals in a case involving an employee who is suing her employer and two of her co-workers under Title VII and the New York City Human Rights Law (NYCHRL). The claim alleges that the employer engaged in pregnancy discrimination following her termination while on maternity leave. In reviewing the case, Chauca v. Park Management Systems, the court is seeking guidance from the Court of Appeals regarding the appropriate standard for awarding punitive damages under the NYCHRL. Continue reading “Second Circuit Looks to New York State Court of Appeals for Guidance Regarding NYCHRL”
Federal Judge Blocks Implementation of New Overtime Exemption Rule
On November 22, 2016, a federal judge in Texas issued an injunction against the Department of Labor’s new overtime exemption regulations that were scheduled to take effect on December 1, 2016. The regulations would have required employers to pay time-and-a-half to their employees who work more than 40 hours a week and earn less than the annual salary threshold of $47,476. The suit was brought on behalf of 21 states and dozens of business groups who feared the new regulations would hurt retailers and other small businesses by adding to their labor costs. Those against the new overtime exemption rule also said that it would have forced employers to convert full-time jobs to part-time jobs. Continue reading “Federal Judge Blocks Implementation of New Overtime Exemption Rule”
Employment Discrimination and HIV
The Equal Employment Opportunity Commission (EEOC) announced that it has filed two employment discrimination lawsuits based on an employee’s HIV status. The two lawsuits were filed in Texas federal courts and allege that Texas-based employers were in violation of federal law by engaging in disability-related discrimination based on an employee’s HIV status. Continue reading “Employment Discrimination and HIV”
Social Media May Leave Employers Vulnerable
Social media has been integrated into all aspects of American society, including within the workplace. Employers must be mindful of social media policies and practices as applied to employment issues protected under the National Labor Regulations Board (NLRB) as well as any other regulatory government agencies. Continue reading “Social Media May Leave Employers Vulnerable”
