Alan Serrins, Esq.

A new bill in New York would make general contractors liable for wage theft committed by their subcontractors - a big step toward helping victims of wage theft recover what they are owed. Wage theft - not paying employees money or providing benefits they are legally entitled to - is rampant in many New York industries, construction included.

New York employers will soon need to decide how to treat worker marijuana use. Most reasonable: treat it like alcohol use is treated now.

Wage theft is a crime, full stop. It is no different, practically speaking, from pointing a gun at someone on the street and saying, "Give me your money." Local law enforcement jurisdictions should treat it as such, and it is encouraging that many are upping their enforcement.

Did you know that whether your employer must pay you for time spent waiting for and undergoing covid safety checks and protocols depends on what state you live in? In some states, waiting in line to get your temperature checked is compensable work time - but not in others. In New York, the issue is a bit murky, and may require a court to weigh in after a lawsuit is brought by an uncompensated employee.

Starting this July, fast food establishments in New York will be barred from firing employees without a good reason, or for "just cause." (Though employers may utilize other discipline first, leading up to termination.) Passed during a pandemic that put food service workers on the frontlines and without hazard pay, this protects those workers against arbitrary or even retaliatory firing.

The Federal Trade Commission has found that Amazon stole 1/3 of tips from its Flex drivers. Here's how the scam worked: when tips reached a certain amount, the drivers' base pay would be reduced and filled in with "tips," thus allowing Amazon to claim drivers received 100% of tips (a claim they are still making). Call it what it is: theft.

The lack of alternate employment, combined with lax regulatory enforcement, has worsened a problem that was already bad: wage theft. Low wage workers in particularly have struggled to collect all the money they are rightfully owed. Wage theft is illegal. https://www.nytimes.com//business/economy/wage-theft-reces

This is a useful Q&A detailing new EEOC guidelines for returning to work during Covid. Employees, in the coming weeks and months, may be asked to do certain things they are uncomfortable with, including being mandated to return to the office when they feel it isn't safe. Employees need to understand their rights in these situations.

Ashley Judd's lawsuit against Harvey Weinstein will be allowed to continue, as an appeals court overrules a trial decision denying her claims.

Employees are scared right now, and for good reason: returning to work could mean bringing coronavirus home to your family. As states continue down the path to reopening, we need to ask - are federal regulatory bodies doing enough to protect our nations' workers? If not, why not? What more can be done?

This week, the Supreme Court held that employment discrimination laws - including the Americans with Disabilities Act - are largely inapplicable to teachers at religious schools, even if those teachers are not themselves religious leaders.

A lawsuit asks the EEOC to look into alleged systemic discrimination against black employees. Facebook's workforce is only 3.8% black.

This is an absolutely historic decision by the Supreme Court. Under the Civil Rights Act, it is illegal to fire (or refuse to hire) employees for being gay or transgender. This is true progress. While New York had protections for gay and transgender employees in place already, many states did not. Now, this is the law of the land in America. https://www.scotusblog.com//opinion-analysis-federal-empl/

Can an employer monitor you electronically while you work from home? The answer is, yes, but they need to comply with the law.

The headline says it all - companies bringing workers back to the workplace have to adhere to absolutely strict safety standards, or face a minefield of litigation.

This is a good New York Times piece on the rights of pregnant workers during the coronavirus crisis. There is a right to accomodations - this is how to exercise that right.

In forced arbitration, employees who make sexual harassment claims may not bring those claims before a court of law. The practice is highly controversial. Here is how one woman is fighting back.

Allegations of workplace harassment, and the controversial non-disclosure agreements favored by some employers, took center stage at the Democratic Debate.

The House of Representatives has passed a bill seeking to make it easier for a plaintiff to sue an employer for age discrimination. The issue: under current law, plaintiffs must show that their age was the sole reason for the termination. If they were terminated for age AND for another reason, their lawsuit fails, even if age was an illegal motivating factor. This bill seeks to allow workers to sue even if age was one out of multiple factors leading to their firing. The bill is currently awaiting a vote in the Senate.