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NYC Litigation Blog

Thursday, May 21, 2020

What Is the Sexual Orientation Non-Discrimination Act?


Legislators at the state and federal have long been passing measures in an effort to protect employees across the United States from having to endure discrimination in the workplace. Discrimination based on a protected factor such as race, color, religion, and national origin have a more established presence in U.S. law. More recent legislative measures to combat Read more . . .


Thursday, April 30, 2020

Know Your Rights as an NYC Employee During Coronavirus


Am I entitled to paid sick leave if I am suffering from COVID-19?

The coronavirus pandemic has left employees nationwide with many questions and much uncertainty. With millions of Americans out of work and hundreds of thousands of people suffering from symptoms of COVID-19, employers and employees alike are feeling the stress of the virus. In an effort to protect employees and clarify their rights during the pandemic, Congress passed the Families First Coronavirus Response Act. Our Read more . . .


Wednesday, April 29, 2020

Religious Discrimination & Reasonable Accommodation


Title VII of the Civil Rights Act of 1964 granted workers protection from religious discrimination in the employment setting. This means that both employees and prospective employees have the right to be free from discriminatory acts perpetrated by an employer in regard to everything from hiring to firing and terms and conditions of employment.
Read more . . .


Friday, March 20, 2020

Employees at Airport Starbucks Allege Discrimination


What cause of action do transgender employees have against their employers if they experience discrimination?

Starbucks paints itself as a place of acceptance for everyone. One of the latest ad campaigns released by Starbucks depicts the coffee shop as a safe place for transgender customers. Despite its public perception, employees at some Starbucks locations have alleged that they have not been treated with acceptance. Transgender employees at Starbucks locations in airports nationwide claim they have experienced misgendering and use of their former name. Our Read more . . .


Friday, February 14, 2020

Negotiating the Purchase of a Business


What factors should I take into account when negotiating a business?

Purchasing an existing business can prove an excellent business venture. If you are planning to buy a business, you will need to negotiate the business price as well as the terms of the deal. To negotiate a fair price, it is important for the parties to calculate the business’ present and future worth. Valuing a business can prove rather complex, sometimes requiring an expert in the field.

To begin coming up with a valuation, you will want to determine the annual revenue of the business, its assets, and its tangible goods, then subtract the business’ debts.


Read more . . .


Monday, February 10, 2020

Attention Employees: You May Be Entitled to Overtime


What is the new salary minimum to be considered exempt from overtime?

As of January 1, 2020, it is estimated that about one million additional employees may be eligible to receive overtime. The Department of Labor has issued its final rule increasing the salary minimum for certain employees to be exempt from overtime. Per the rule, employees who make under this amount will now be entitled to time and one-half for any hours worked over 40 hours a week. The new overtime salary minimums are significant as previous exemption rates were set 15 years ago. All salaried employees in New York will want to closely review both the new federal and Read more . . .


Friday, January 17, 2020

YouTube Updates How It Will Handle Copyright Claims


How will the changes to copyright claims on YouTube assist video creators?

YouTube has enacted a major change when it comes to handling manual copyright claims. Copyright claims are extremely common on YouTube, with thousands of videos being posted each day, often by amateur creators. Previously, copyright owners would file a Read more . . .


Tuesday, January 14, 2020

Protecting Your Trade Secrets Through Restrictive Covenants


How can I prevent employees from stealing my protected information?

Trade secrets are often a central component to your business’ success. Whether it be confidential customer lists, software programs, recipes, or any other protected information, the theft of trade secrets can be quite damaging to a business. Trade secret theft is most often committed by employees or former employees. Often, employees who are about to leave the company will take trade secrets with them. To protect your trade secrets, it is critical that you have some sort of Read more . . .


Thursday, December 19, 2019

What Does Title I of the Americans with Disabilities Act (ADA) Protect?


Title I of the Americans with Disabilities Act of 1990 (ADA) took on the protection of disabled Americans from discrimination in the workplace. Previous legislation regarding discrimination on the basis of race, ethnicity, religious, age, and gender discrimination always asserted that when you treat people the same, the result would be fairness in the workplace.

With the ADA, this is not the case. This legislation asserts that treating employees with disabilities the same as everyone else would yield unfair results because disabled individuals will usually need a reasonable accommodation to successfully carry out their work. Thus, Title I of the ADA protects disabled Americans in a way that takes into account the unique nature of what discrimination against a person with disabilities may look like.
Read more . . .


Monday, December 16, 2019

What Is the Occupational Safety and Health Act?


In 1970, the Occupational Safety and Health Act (OSH Act) was passed with the purpose of assuring “safe and healthful working conditions for working men and women.” The requirements and standards set forth in the OSH Act cover the majority of private-sector employers as well as their employees. The goal of the OSH Act was to help ensure that employers continue to prove their employees with a safe and healthy work environment. The Act itself sets forth this goal as well as establishing how that goal will be achieved.

What Is Included in the Occupational Safety and Health Act?

In passing the OSH Act, Congress hoped to see workers across the U.
Read more . . .


Monday, November 25, 2019

What Is the Equal Pay Act of 1963?


Signed into law by President Kennedy in 1963, the Equal Pay Act (EPA) was one of the very first U.S. laws enacted in an effort to reduce the occurrence of gender discrimination in the workplace. In particular, the EPA aimed to address the long-standing problem of gender-based wage discrimination. While, at the time the law was enacted, women comprised nearly a quarter of the workforce in America, they were paid much less than men, even when performing the same job.
Read more . . .


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