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Long Island Employment Law Blog

Seven Sneaky Ways Companies Avoid Paying Overtime

The biggest cost for most businesses is labor. It makes sense then that top management would pursue ways to cut costs and increase the company's bottom line. One of the ways companies try to save money is by making workers perform more than one job. Another way is to not pay workers overtime.

When are you due overtime pay?

No More "Clopening" For Food Workers

In March of this year the New York City Council's Committee on Civil Service and Labor reviewed and considered six bills that, if passed, will significantly impact fast food workers. One of the bills involves "clopening." 

What is "clopening"?

Shulman Kessler LLP proudly announces that Marijana Matura is now a Partner in the firm

Marijana represents employees in both individual and class actions involving wage-and-hour, discrimination , harassment, retaliation, and wrongful termination claims. She is fluent in Spanish and Croatian.


Drivers often don't get paid for all their work

A basic principle of the American economy is that every employee is entitled to fair pay for their work.

So what happens when you bust your hump working overtime, but your boss won't pay you for it? A violation of the law, that's what. You're entitled to get paid for every hour you work.

Too often, delivery drivers get the brunt of this mistreatment. Here's what you need to know about how the law works in New York.

Wage disparity in the workplace

At some point, New York employees might learn that they are being paid less than another employee who has less seniority than they do. There are a number of reasons this might be the case and several approaches that employers might take if an employee makes a complaint about the issue. It is technically not illegal for an employer to do pay one employee less than another although it could cause morale problems and might leave the employer open to allegations of discrimination if the employee is a member of a protected class.

There might be a number of reasons that a newer employee is paid more. Even though they are new to the company, they might have more years of experience. The new hire might have more education, or they may contribute more to the company.

How to avoid religious discrimination at work

Employers in New York and elsewhere are being encouraged to take religious discrimination in the workplace seriously. While religion is generally a hot topic, attacks on Jewish centers as well as a proposed ban on travel from predominantly Muslim countries have put some on edge. Business owners and managers would be wise to understand that events that happen in the public can impact the workplace.

Consideration may need to be made for anyone who holds a sincere religious belief even if that person is an atheist. The same may be true for those who hold beliefs that may not be widely shared by others within a specific religion. However, it is important to point out that hate groups and political organizations do not fall under the legal definition of religion.

Class action discrimination suit filed against jewelry company

New Yorkers are sometimes the victims of sexual harassment and discrimination at their workplaces. A class action claim involving more than 69,000 workers in a private arbitration against Sterling Jewelry Co. demonstrates how pervasive sexual harassment and discrimination can be in some workplace cultures.

According to reports, the attorneys involved in the arbitration agreed to the release of some redacted documents from the longstanding case. The earliest claim in the case dates back to 2008. The matter is being handled through arbitration because of pre-employment agreements to arbitrate claims that were signed by the employees. Arbitration is normally private, so it is unclear why the lawyers agreed to the release of the documents.

Commonly Overlooked Elements of Employment Contracts


When individuals debate whether to sign a new employment contract, it can be tempting to focus on salary above all else. This instinct is understandable because salary plays an important role in any worker’s overall livelihood and ability to support a family. However, there are many elements beyond salary negotiation involved in an employment contract that individuals need to consider before signing on the dotted line.

Age discrimination suit against automaker

New York residents who have been victims of age discrimination in the workplace may be interested in the developments of a class action lawsuit that has been filed against Fiat Chrysler Automobiles. It is the second discrimination lawsuit that has been filed against the company in two months. The plaintiffs allege that older employees are mistreated during their performance evaluations. This results in fewer promotions and lower pay than their younger co-workers.

One of the allegations is that the employees' photographs are a part of the performance review process at Fiat Chrysler. According to the lawsuit, which was filed on Feb. 27, 2017, in a federal court, upper-level managers at the company generally do not work with the employees that they evaluate and maintain a display of the workers' photographs in front of them while giving performance ratings.

Appellate ruling regarding the Dodd-Frank Act

Workers in New York who are considering reporting wrongdoings by their employer may be interested to know that a decision by the U.S. Court of Appeals for the 9th Circuit has broaden the scope of the Dodd-Frank Act. The ruling, which was issued on March 8, 2017, asserted that employees who internally report potential violations of federal securities laws are protected by the whistleblower provisions of the law, regardless of whether they reported the suspected violations to the Securities and Exchange Commission.

There is currently a split among the federal appeals courts regarding the issue. However, the decision by the 9th Circuit highlights the importance of careful consideration before committing any retaliatory acts against an employee who files an internal complaint that may initiate Dodd-Frank's protections.

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