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By: Katz Melinger PLLC

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Katz Melinger PLLC
Derek.james@thomsonreuters.com

Latest from New York City Law Blog

A worker’s wages, rights, and benefits depend on their classification as an employee or independent contractor. Unfortunately, there are times when employers misclassify workers, which can have a devastating toll on workers. If this happens, workers should know what rights they have and what they can do to remedy the situation. Taking action after misclassification Misclassification can sometimes occur when employers wish to avoid their obligations to employees because it can be more expensive to…
In New York, private-sector employers can fire their employees without a good reason. However, there are circumstances in which a discharge can be illegal. If you think you’ve been fired without a valid reason, you may be able to file a legal claim. Violation of the employment contract If you have an employment contract, the first thing you need to do is check it. Your contract may contain a clause saying that your boss can…
If you’ve ever been fired, demoted or reprimanded at work, you know that it can be an upsetting experience. Even if you disagree with an employer’s decision to punish or admonish you, you may have little recourse since employers generally have the right to make employment decisions as they see fit. However, if an employer takes these actions in order to retaliate against you, they may be violating your rights. Understanding retaliation Retaliation refers to…
Your individual circumstances might make it more difficult for you to carry out your work duties like your coworkers do. These circumstances might be a disability or a medical condition, special religious requirements, pregnancy or something else. You might already know that you have the right to request reasonable accommodations from your employer in order to be able to do your job. At what point does the refusal of these accommodations give you grounds for…
When you take leave under the Family and Medical Leave Act, you should be able to focus on the reason for your leave. Whether it’s to bond with a new baby or care for a sick family member, your attention should be on that and not your job. Undoubtedly, going back to work can be an overwhelming transition. While you may have a lot on your mind, one thing you should be wary of is…
Cases of workplace harassment typically involve pervasive, ongoing misconduct. However, any comments, actions or threats that create a hostile work environment can be the basis for a legal claim. And the New Jersey Supreme Court just ruled that even a couple of offensive comments could be enough to create a hostile work environment. Employer liability for offensive comments The case involved a Hispanic worker who claimed that his supervisor directed highly offensive racist slurs at him twice…
Every worker deserves to be paid a full and fair wage. Unfortunately, workers across New York do not always receive their full and fair wage due to wage theft. Wage theft can occur in several ways. Some are blatant; others are more complicated to unravel. As an employee, it is crucial to know what wage theft might entail and what options you have if you believe you are the victim of this misconduct. How wage…
Employees work hard to earn their paychecks, and they often need every cent to pay for necessary expenses like rent, utilities, insurance and groceries. When your wages are processed through automated systems, it can seem unlikely that your employer is stealing your income. Unfortunately, employers find ways to keep billions of dollars out of their employee’s paychecks each year. This wage theft can happen when employees do not see it happen or they do not know that…
Losing your job can be upsetting enough without worrying that the termination was also a violation of your rights. A wrongful discharge robs a person of their wages and benefits unfairly and can create immense stress for the terminated employee and their families. Thus, taking legal action after you’ve been terminated because of discrimination, retaliation, or another wrongful basis can be an option worth considering, and talking to an attorney could be wise, especially if…
Workers should know that discrimination in the workplace is wrong and unlawful. Employees have rights that protect them from such misconduct, and this includes the right to take legal action against a company or supervisor that discriminated against them. However, the legal process of pursuing a discrimination claim is more complicated than it may seem. For instance, depending on various details of a situation, parties may either file a Section 1981 lawsuit or a Title…