White Plains Employment And Commercial Law Blog

Former cryptocurrency employee files unpaid wage claim

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Wednesday, April 10, 2019.

Investment products are big business in New York and around the world. Companies are constantly seeking to get a foothold in the newest and latest categories that are rising to prominence. One is cryptocurrency. Since it is such a new vehicle, companies are in search of employees who know how to maximize profit. When disputes arise, it is inevitable that there will be back and forth statements as to how the parting of the ways was handled. If a worker feels his or her employee rights were violated, a lawsuit is a possibility. For those who are in the corporate sector, it is important to understand how to file employment claims when they have been subjected to violations.

A well-known cryptocurrency exchange is being sued by a former employee. The man was a manager in New York and states that the company failed to pay him for the work he did. He also claims that the company did not provide correct information about its state operations. The man began work there in April 2017. He was tasked with overseeing the trading desk among other duties. He says he did not get the commission he was supposed to after helping the company earn a profit of more than $19 million after he had been there for three months. His agreement called for a salary of $150,000 and 10 percent commissions on sales.

Concerns about sexual harassment dying down among men

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Thursday, April 4, 2019.

In recent years, an increasing number of people in New York and across the nation have chosen to come forward with their stories of sexual harassment in the workplace. Employers are similarly showing greater vigilance in adhering to employment law. While this is a positive step, it is also critical to keep track of the current climate as to how sexual harassment is viewed. If a worker is harassed, the employer could be liable for that treatment and be ordered to pay compensation for what occurred. If people are no longer worried about harassing behaviors, it could lead to an increase and employer liability.

According to a survey, men are showing less concern over the problem of sexual harassment than they did when the "me too" movement began in earnest in 2017. They also stated that there is an oversensitivity about sexual harassment. Men are showing greater interest in reducing the issue from two decades ago, but the downplaying of the issue can be problematic for employers. The study indicates that 62 percent of Americans believe sexual harassment is a problem. Fifty-four percent say workplaces are not showing adequate sensitivity. This is less than the numbers in 2017.

Has your employer violated the FLSA by shorting you on pay?

On behalf of Mitchell Pollack & Associates PLLC on Saturday, March 30, 2019.

In order to earn a living, you, like many other New York residents, have to go to work and have someone else tell you what to do all day. This activity may not be your favorite, but overall, you enjoy your job and want to do your best to earn your paycheck. What you undoubtedly do not enjoy, however, is noticing mistakes with your pay.

At first, you may have noticed your check was short but possibly chalked it up to your own calculation errors. When it started happening regularly, you may have had more concerns. You may have taken the prudent first step of discussing your concerns with your employer, but when management rebuked your complaints, you wondered what to do next.

Former Amazon warehouse employee claims wrongful termination

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Thursday, March 28, 2019.

New York employers large and small can be accused of wrongdoing by disgruntled workers. This can spark allegations that wrongful termination and other violations of employment law took place. Because there are so many companies that function not just in one location, but have employees across the country, some of the larger companies can be accused of committing illegal acts with employees based simply on policies that are in place for everyone and emanate from the corporate headquarters. Although it is not a popular sentiment in the era of workers being granted improved rights, employers have rights too. When there is a lawsuit against a company, they must have a strong defense from a law firm that understands their perspective.

A warehouse worker who was dismissed by Amazon for workplace violations has filed a lawsuit against the company. The man states his firing was against the law. He asserts the dismissal was due to him complaining about the facility's working conditions. The company was already being criticized for its resistance to workers unionizing.

Women say employee rights were violated in pregnancy lawsuit

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Thursday, March 21, 2019.

New Yorkers will try as hard as they can to balance their work and family lives. In many situations, this can be difficult. Laws are in place to prevent employers from practicing illegal workplace discrimination and holding employees back from advancement, dismissing them or violating other areas of their employee rights. Still, despite greater attention being paid to the topic and people asserting their rights, some employers continue to put company interests ahead of employee well-being and what is legal.

This can spark a legal filing. In some cases, one employee might begin the process of seeking justice against a company and will soon be joined by others who have faced similar treatment. For those who have been confronted by discrimination for any reason, having legal assistance and advice is key. This issue is being played out in a case in which a female executive filed a case against her employer for pregnancy discrimination. She stated that the company gave her a demotion and reduced her salary when it found out she was pregnant. After her case came to light, other employees also stated they were treated similarly and joined the claim.

Understanding law for wages is key for employers

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Thursday, March 14, 2019.

In New York and across the nation, the public is inundated with stories about employees being mistreated. While workers have the right to receive everything they are entitled to under the law, be free from workplace discrimination and not be subjected to mistreatment, employers have rights, too. When there are allegations that employers have violated the law, it is critical to have legal advice from a firm that understands both sides of the dispute.

The Equal Pay Act is designed to give the same pay to males and females who do the same work in the same establishment. It is not based on identical work, but the jobs should be substantially the same to be subject to this law. Titles are irrelevant. It is the job itself that is important. There are multiple factors that are considered with the EPA.

Office workers claim employee rights were violated by harassment

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Friday, March 8, 2019.

Although the current climate in New York State and across the nation has made is easier for employees who have been subjected to various forms of harassment - sexual harassment and otherwise - to file a claim to protect their employee rights and receive compensation, it is still happening. One positive note of the growing acceptance of employment claims is that workers in many industries and types of jobs can come forward regarding how they have been mistreated. When considering a complaint, having legal assistance is a foundational requirement.

A state disability agency has been hit by accusations that a male employee who served as an administrative assistant repeatedly harassed several others who worked there and nothing was done to put a stop to it. The complaints about the office - a state agency to assist those with developmental disabilities - led to the man's suspension after he was arrested for threatening sexual assault. The women say he exposed himself and spoke to them obscenely.

Woman claims illegal workplace discrimination cost her job

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Thursday, February 28, 2019.

Despite the attention paid to workplace issues today, New Yorkers and people across the nation continue to be confronted with various violations of the law while at work. That includes civil rights violations, wrongful termination, and illegal workplace discrimination, amongst others. Those who are facing these issues might think they have limited options to seek justice. However, they can pursue compensation by taking legal action with help from a lawyer who is experienced in handling workplace issues from the perspective of both employers and employees.

A woman who was employed at an Upstate New York casino is utilizing legal assistance after being terminated from her job. She asserts that she was harassed based on her religion and subjected to wrongful termination after she complained. The 57-year-old woman, a black Muslim, states that her supervisor was harassing her due to her religion. She worked as a housekeeper and started in June 2017. She had been there a year before she received a transfer. When she arrived, her new boss made comments that she deemed discriminatory about her religious garb. He also ridiculed her prayer practices to other workers. The man allegedly yelled at her about her religion when she requested time off to dine with her family during a Muslim holiday.

Are you experiencing age discrimination? You can fight back

On behalf of Mitchell Pollack & Associates PLLC on Monday, February 25, 2019.

New York employees have the right to a workplace that is free from harassment and discrimination of any kind. If you are experiencing inappropriate treatment at your place of work, you have the right to fight back. You should not have to deal with any discriminatory treatment, including age discrimination.

One of the unfortunate things that many older employees have to deal with in the workplace is discrimination due to age. Older workers often find they have a harder time getting promotions, finding new employment opportunities and even simply receiving fair treatment from employers. Employees of all ages are entitled to certain rights, and you do not have to suffer from mistreatment silently.

New York State lawmakers hear testimony on sexual harassment

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Thursday, February 21, 2019.

There is obviously no place for sexual harassment and other violations of employment law in New York State. With the "me too" movement having become so well-known across the nation, it is no surprise that a greater number of people who have been subjected to violations of employee handbooks, the law and propriety have come forward. While employees who are mistreated with these and other illegal behaviors have the right to seek compensation, it is imperative for employers to remember that they must understand their right to craft a defense against allegations as they might be unfounded or fabricated. Keeping track of how sexual harassment might be addressed in the future is part of lodging that defense with help from an experienced law firm.

A hearing before state lawmakers included people giving testimony as to how they were harassed when working in the Capitol. One stated she was subjected to comments about her clothes and her body and was asked to touch her boss while working. This was the first time in more than 20 years that sexual harassment victims were heard by lawmakers in Upstate New York. This is even after laws were put in place to reduce its frequency. The Legislature is considering how to take a stronger hand in sexual harassment cases.

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