Many employees believe the First Amendment protects everything they say at work-but that’s not the full story. Read on to learn what’s really protected, and what isn’t. How far can you claim free speech is your right in the workplace? Employers have been known to discipline employees for their on-site activities, such as disruptive expressions of opinion or efforts to protest company policies. While it may seem that such activities are within an employee’s free speech rights, the …
Labor Law
Arbitration Over Litigation; Why Employers Prefer It & Why You Should Be Wary
Most employment agreements contain provisions which require all disputes arising out of your employment to be resolved through arbitration: (Arbitration: a way to resolve a dispute outside of court. It's an alternative to litigation that's often faster and less expensive.) Arbitration is usually found toward the end of the contract in small print using language that is unfamiliar and perhaps meaningless to you. People usually think that if there is a problem with my job, I’ll just go to a …
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Does the New York’s New Non-Compete Law Limit or Eliminate Non-Compete Agreements?
Recent legislation in New York has significantly changed the law on non-compete agreements. Bill 3100, which creates a new section in the New York State Labor Law, prohibits employers and employees from entering into non-compete agreements. NY Senate Bill 6748 would invalidate existing non-compete agreements. Both bills were signed into law in 2023. As a result, non-compete agreements are now generally banned in New York, with some exceptions, such as agreements that establish a fixed term of …
How the Fair Labor Standards Act Affects Small Businesses
If you are a small business owner, there are some potential traps laid by New York's Labor Law (NYLL) and the federal Fair Labor Standards Act (FLSA) that even the most well-intentioned amongst you could fall prey to. The New York State Labor Law and the Federal Fair Labor Standards Act are powerful tools for employees' and their lawyers to seek damages for wages that might be due. Small businesses like restaurants, dry cleaners, grocery stores, construction contractors in specific trades, …
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When is Being Fired Illegal? NY Labor Laws
One of the most frequent Labor Law questions that we get is usually phrased like this; 'Have I been wrongfully fired?', or 'If xyz happened, can my employer legally fire me?' Because of this, we are taking the time to lay out a comprehensive guide to NY Labor Laws definitions of when being fired is legal, and when it is illegal in the state of NY. All of the situations that we will reference in this blog will be in the realm of 'Private Sector', or non-government employment. So let's begin with …
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Can I Sue for Gender Pay Discrimination?
We've been hearing a lot of talk about Gender Pay Discrimination in the media lately, and the reality of the situation is becoming front page news. You may now be wondering; "can I sue my employer for gender pay discrimination?" The fact of the matter is that in 1963, the Equal Pay Act was instated, and since that point in time it has been illegal to pay someone with the same job title and responsibilities a different wage on the sole basis of their gender. Unfortunately, arriving at the place …
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Arbitration Vs. Litigation in the Workplace
Shortly, the U.S. Supreme Court will entertain arguments in three important labor relations cases: National Labor Relations Board (NLRB) v. Murphy Oil, Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris. The cases will be argued and considered together because they share common legal and factual issues. In particular, the court will consider whether private sector employers can ban workers from bringing class action labor-related lawsuits against their employers, and force those …
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