Law Offices of Joshua Parkhurst

As cities and states start the process of "reopening" many workers are concerned about the risk to their health from going back to work during this pandemic. https://www.nytimes.com//04/us/virus-unemployment-fired.ht

In this crisis, we are troubled to learn that some health care workers are facing retaliation if they report illegality or improper practices by their employers. Although whistleblower laws vary from state to state, such laws often prohibit such retaliation. New York State's whistleblowers laws, although not as robust as those of other states, do protect health care workers who report violations of the law that affect patient care. At the Law Offices of Joshua Parkhurst we represent such workers and other whistleblowers. www.parkhurstlawfirm.com

Workers in the freelance and "gig" economy are all too often excluded from laws that protect workers' rights. Good to see that the stimulus package will extend jobless benefits to independent contractors. At the Law Offices of Joshua Parkhurst we represent independent contractors as well as traditional employees. https://www.nytimes.com//whats-in-coronavirus-stimulus-bil

COVID-19 has highlighted that the U.S. is one of the few industrialized countries that does not mandate paid sick leave. But perhaps that is changing. The FMLA gives you, as a worker, the right to unpaid leave to care for yourself or a family member. Some states and localities have gone further and require employers to give paid leave as well. At the Law Offices of Joshua Parkhurst, we advise employees who need to take sick leave of their rights under the law, and help them fight if their employer doesn't respect it. https://www.nytimes.com//opinion/coronavirus-paid-sick-lea

At the Law Offices of Joshua Parkhurst, we represent both public and private school teachers. We do not shy away from taking on large entities like the New York City Department of Education. https://nypost.com//ex-wrestler-turned-assistant-principa/

The Law Offices of Joshua Parkhurst supports open access to the law. PACER, the federal court system for access to electronic records, currently charges 10 cents a page. By contrast, NY State's system does not charge to access public court filings. Federal legislation would eliminate the fee to review public documents and affirm that the law belongs to everyone. We support the petition to pass this important legislation. https://act.myngp.com/Forms/4107854996789593856

The NLRB under the Trump administration continues to make it more difficult for unions to organize workers. At the Law Offices of Joshua Parkhurst we realize that worker advocacy has to be creative and take new forms to deal with both antiquated laws and a hostile administration. We help union and non-union workers fight for their rights. https://news.bloomberglaw.com//nlrb-previews-planned-rule-

New York State has expanded protections under its Human Rights Law to combat sexual harassment. https://www.nytimes.com//n/sexual-harassment-laws-ny.html

The business model for Uber and Lyft is heavily dependent on classification of their workers as independent contractors rather than employees. This allows them to evade laws that establish labor standards, prohibit discrimination, and provide other protections for workers. At the Law Offices of Joshua Parkhurst, we seek to work with workers in the "gig" economy to come up with creative methods of worker empowerment that allow them to deal with companies that adopt such a business model. https://www.cnn.com//tech/uber-driver-strike-ipo/index.html

Once again, the Supreme Court restricts the ability of litigants to arbitrate claims on a class wide basis. In a 5-4 ruling, the Court holds that courts cannot use state contract law to interpret ambiguous arbitration agreements on the issue of whether class claims are permitted. At the Law Offices of Joshua Parkhurst we continue to represent clients vigorously even when they must bring their claims to arbitration. https://www.supremecourt.gov/opinions/18pdf/17-988_n6io.pdf

Whether a worker is classified as an employee or independent contractor affects the protection they receive under the labor laws. This New York Times article highlights how companies that profit off the "gig economy" are shaping the rules that govern worker classification. https://www.nytimes.com//economy/gig-economy-lobbying.html

The Trump family is, sadly, like many other employers in this regard. They employ undocumented workers until it becomes a problem for them. Usually it's if the workers want to unionize or if they demand to be properly paid. In this case it's the political fallout. The Supreme Court, in Hoffman Plastic Compounds vs. NLRB, helped augment this practice. The Court ruled that because an undocumented worker was not permitted to work, a court could not offer a remedy that include...d reinstatement or back pay for an employer's unlawful termination of that employee (they still can recover unpaid wages for work that has been performed but not paid). Convincing no one except possibly themselves, the majority said that this "harmonized" the requirements of immigration law and labor/employment law. In actuality, it encouraged more violations of both. https://www.washingtonpost.com//8cf75d66-20c5-11e9-8e21-59

Union opponents are trying to expand the Supreme Court's Janus decision to eliminate exclusive bargaining unit representation entirely. Joshua Parkhurst was quoted in this article in defense of exclusive representation. https://www.washingtonexaminer.com//conservatives-to-take-