People often say you should know your rights in order to protect them. But the fact that there are perhaps dozens of laws that apply to each person's unique situation means that not everyone can be an expert on the law. This leads to a lot of questions, some which...
Month: August 2015
The importance of documentation in employment cases
On Behalf of Kessler Matura P.C. | Aug 26, 2015 | Workplace Discrimination
When discussing employment law issues, such as sex discrimination or retaliation, we often mention the significance of documentation to a case. While the media often likes to highlight what it may view as baseless claims, in reality, there are likely as many or more...
Intern or employee?
On Behalf of Kessler Matura P.C. | Aug 25, 2015 | Wage And Hour Claims
they were "interns" or employees for purposes of the exemption from the Fair Labor Standards Act (FLSA). In situations like those involved in the case, employers must pay "employees" for the work they perform, including overtime when applicable. The interns claimed...
Second Circuit creates new test for unpaid interns
On Behalf of Kessler Matura P.C. | Aug 20, 2015 | Wage And Hour Claims
There has been a great deal of litigation recently regarding unpaid interns around the nation and in New York. One of these cases led to a recent decision by the Second Circuit Court of Appeals, where that court has fashioned a new test that can be used by the lower...
Website users who submit ‘content’ aren’t necessarily employees
On Behalf of Kessler Matura P.C. | Aug 19, 2015 | Employee Rights
Yelp is a website that publishes crowd-sourced reviews about local businesses. The company was recently sued by a class of “reviewers” who said that they should be paid for the content that they supplied to the website, pursuant to the Fair Labor Standards...
Why is there still a gender pay gap?
On Behalf of Kessler Matura P.C. | Aug 18, 2015 | Workplace Discrimination
In the U.S., a basic tenet of the culture is that we live in a land of opportunity. With that opportunity comes the assumption of fairness. That if you work hard, you will be rewarded for that work. And one of the basic assumptions is that if you do the same work as...
Do you know how to file a Title VII claim?
On Behalf of Kessler Matura P.C. | Aug 13, 2015 | Sexual Harassment At Work
With any type of lawsuit, there is often a great deal of emotional tumult for the participants. Unless you are an attorney or judge or other administrative personnel associated with the operation of the courts or agencies with adjudicative type functions, the entire...
The ADA: What is it, and how does it protect disabled workers?
On Behalf of Kessler Matura P.C. | Aug 8, 2015 | Workplace Discrimination
In a blog post from earlier this summer, we related some of the singular considerations attached to workplace discrimination against workers with disabilities. We noted in our June 24 post entry that it can be "very easy for an employer to either actively discriminate...
Fair compensation for New York fast-food workers back in the news
On Behalf of Kessler Matura P.C. | Aug 7, 2015 | Wage And Hour Claims
A few months ago, the hot topic in employment news was the McDonald's announcement regarding wage increases for its fast-food workers. The news was received with elation by thousands of workers across the country who had fought for months to raise wages in an industry...
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