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Employment Law

Newark Restaurant Fined $168K For Failing To Pay Workers In Overtime Newark Restaurant Fined $168K For Failing To Pay Workers In Overtime
Newark Restaurant Fined $168K For Failing To Pay Workers In Overtime A New Jersey restaurant owes more than $168,000 after failing to pay employees for overtime labor, federal officials said. According to the U.S. Department of Labor,  Swahili Village Bar and Grill in Newark willfully failed to pay 84 servers, cooks, and bussers overtime pay when they worked more than 40 hours in a workweek, in violation of the Fair Labor Standards Act. “Restaurant industry workers too often fall victim to employers who shortchange their wages and deprive them of their hard-earned wages,” said Wage and Hour District Director Paula Ruffin in Mountainside, New J…
‘Is He Serious?’ NY Ice Cream Shop Owner Accused Of Stealing Employees’ Tips ‘Is He Serious?’ NY Ice Cream Shop Owner Accused Of Stealing Employees’ Tips
‘Is He Serious?’ NY Ice Cream Shop Owner Accused Of Stealing Employees’ Tips Social media is abuzz with outrage after a New York mother accused an ice cream shop owner of withholding customer tips that were given to her 15-year-old son and other employees. In a post on a community Facebook page Monday, July 1, the Long Island resident said her son quit his job at the Hauppauge business after the owner allegedly told him he “can’t figure out” how to separate tips that customers paid using a debit or credit card on his point-of-sale system. “I am not one who tips for every little thing, but people were tipping these kids on their credit cards, which they really apprec…
Stop-Work Order: North Brunswick Company Cited Amid Newark Project Stop-Work Order: North Brunswick Company Cited Amid Newark Project
Stop-Work Order: North Brunswick Company Cited Amid Newark Project A Central Jersey construction company has been issued a stop-work order by the state's labor department. Blue Line Drywall and Builders Inc. of North Brunswick was subcontracted to install drywall at 355/365 Broad Street in Newark, the DOL said. The company was cited for improper classification of construction workers; failure to properly classify employees; minimum wage violations; failure to pay wages; earned sick leave records violations; earned sick leave notification/posting violations. A total of nine workers were impacted, the DOL said.
Pregnant Out Of Wedlock: NJ Supreme Court Rules Teacher Can Be Fired Pregnant Out Of Wedlock: NJ Supreme Court Rules Teacher Can Be Fired
Pregnant Out Of Wedlock: NJ Supreme Court Rules Teacher Can Be Fired Nearly a decade after a New Jersey Catholic school fired one of its teachers for getting pregnant out of wedlock, a New Jersey Supreme Court ruled that the school was within its rights. The Supreme Court ruled on Monday, Aug. 14 in favor of the Church of St. Theresa in Kenilworth, which fired Victoria Crisitello — a second grade art teacher — in 2014, after she told them she was pregnant out of wedlock. The school said that Crisitello had violated her employment agreement and fired her. The agreement requires teachers to conduct themselves in a manner consistent with the discipline, no…
'Tone It Down': Popular Secaucus Library Programmer Says He Was Fired Over His Lifestyle 'Tone It Down': Popular Secaucus Library Programmer Says He Was Fired Over His Lifestyle
'Tone It Down': Popular Secaucus Library Programmer Says He Was Fired Over His Lifestyle A popular host of online programs at the Secaucus library claims he was terminated because library higher ups did not approve of his "lifestyle." Jeffrey Machno has filed a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) after he said he contacted the board of trustees at the library to complain about how he was treated.  During the pandemic, Machno, a lifelong Secaucus resident who works full-time at a fashion house, hosted a trivia night online. He quickly developed a following and started having his own interview program. He even hosted Secaucus' Got Talent in…
New Year, New Minimum Wage For Massachusetts Workers: AG New Year, New Minimum Wage For Massachusetts Workers: AG
New Year, New Minimum Wage For Massachusetts Workers: AG Minimum wage workers will make get a pay increase to start off the New Year, according to the state's Attorney General. Massachusetts will require employers to pay workers a minimum of $15 beginning January 1, 2023, Attorney General Maura Healey's office said in a reminder sent out on Friday, Dec 30. This raise is the final installment of a law made in 2018 that increased the minimum wage each year until it reached $15. Tipped employees also get a boost, making a minimum of $6.75 per hour as long as tips compensate to make their hourly wage at least $15. If not, employers must make up …
Why Uber Is Paying NJ Record $100 Million Back In Taxes Why Uber Is Paying NJ Record $100 Million Back In Taxes
Why Uber Is Paying NJ Record $100 Million Back In Taxes In a record-setting misclassification case, Uber has agreed to pay New Jersey $100 million back in taxes after a state audit found the ride-share company misclassified drivers as independent contractors. This is the most amount of money New Jersey has received for this type of case, and covers 297,866 drivers. The payment follows New Jersey Department of Labor (NJDOL) audits that assessed Uber and its subsidiary Rasier LLC a combined $78 million in past-due contributions plus penalties and interest of $22 million.  Employers who misclassify workers as independent contractors skip…
Employees Of Large Businesses Will Get Pay Hike This Summer In Montgomery County Employees Of Large Businesses Will Get Pay Hike This Summer In Montgomery County
Employees Of Large Businesses Will Get Pay Hike This Summer In Montgomery County Employees of large businesses in one Maryland county will be getting a pay increase this summer. The minimum wage in Montgomery County will increase to $15.65 for large employers on July 1. This is part of a bill that raises the minimum wage incrementally every year on that date.  The bill was signed by County Executive Marc Elrich when he was a County Councilmember back in November 2017. He said the bill is crucial for helping low wage workers keep up with inflation.  “For too long, the minimum wage was stagnant and did not change based on inflation," Elrich said. "A decent…
Ex-Dolphins Coach Brian Flores Sues Giants, NFL For Racial Discrimination, Cites Belichick Text Ex-Dolphins Coach Brian Flores Sues Giants, NFL For Racial Discrimination, Cites Belichick Text
Ex-Dolphins Coach Brian Flores Sues Giants, NFL For Racial Discrimination, Cites Belichick Text BOMBSHELL: Former Miami Dolphins head coach Brian Flores is suing the NFL, the New York Giants, his former team and the Denver Broncos for what he contends is a "painful history of racism that continues through the present day." Flores was three days away from a final interview for the Giants' head coaching job when New England Patriots Head Coach Bill Belichick mistakenly sent a text congratulating him, according to a class-action lawsuit he filed in the Southern District of New York in Manhattan on Tuesday, Feb. 1. Belichick apparently thought he was texting Brian Daboll, the man whom th…
NY State Expands Paid Family Leave Legislation NY State Expands Paid Family Leave Legislation
NY State Expands Paid Family Leave Legislation New York Gov. Kathy Hochul has signed a bill expanding the state's Paid Family Leave legislation to include caring for siblings.  The current law doesn't allow employees to take paid leave to care for siblings with serious health conditions, according to an announcement from the state on Monday, Nov. 1.  "Taking care of your family is a basic human right, no one should have to choose between caring for a loved one and a paycheck," Hochul said in a statement. "Fighting to expand paid family leave is personal to me and so many others, and I am proud to work with advocates and legisl…
NJ Wins Settlement For Bus Driver Fired For Taking Time To Care For Terminally Ill Dad NJ Wins Settlement For Bus Driver Fired For Taking Time To Care For Terminally Ill Dad
NJ Wins Settlement For Bus Driver Fired For Taking Time To Care For Terminally Ill Dad Academy Bus Lines must pay a former driver $40,000 for firing him because he took a leave to care for his dying father, New Jersey's top law enforcer said Friday. The state Division of Civil Rights found “reasonable suspicion” to suggest the Hoboken-based company intended to “discourage and impede” the driver from taking his legally-entitled time to care for his ailing father in North Carolina, Acting New Jersey Attorney General Andrew J. Bruck said. Academy Lines, which advertises itself as the nation’s largest private transportation company, fired the worker in December 2017 after he bega…
Long Island Diner Sued Over Sexual Harassment Claims Long Island Diner Sued Over Sexual Harassment Claims
Long Island Diner Sued Over Sexual Harassment Claims A Long Island diner has been sued by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly violating federal law by subjecting its female employees to harassment on the basis of sex. According to the EEOC’s suit, the owners of the Colony Diner, located in East Meadow, cousins George and Thomas Strifas, "created, encouraged and tolerated a work environment in which female servers and hostesses experienced unwelcome verbal commentary and physical touching on a daily basis."  Women who objected to the harassment, from the owners and other male employees, were assigned to s…
New York AG Names Lead Attorneys In Cuomo Sexual Harassment Investigation New York AG Names Lead Attorneys In Cuomo Sexual Harassment Investigation
New York AG Names Lead Attorneys In Cuomo Sexual Harassment Investigation New York Attorney General Letitia James has named two heavy hitters to lead the investigation into multiple claims of sexual harassment against Gov. Andrew Cuomo. James announced late Monday afternoon, March 8 that Joon Kim, a former acting U.S. Attorney in the Southern District of New York, and employment discrimination attorney Anne L. Clark will be the two tasked with leading the independent investigation into the sexual harassment allegations that have been levied against the governor in recent weeks. They will be joined in the investigation by Jennifer Kennedy Park, Abena Mainoo, and Y…
LAWSUIT: Bergen County-Owned Nursing Home Director Discriminated Against Non-Filipino Nurses LAWSUIT: Bergen County-Owned Nursing Home Director Discriminated Against Non-Filipino Nurses
Lawsuit: Bergen County-Owned Nursing Home Director Discriminated Against Non-Filipino Nurses A federal lawsuit filed by four nurses claims the director of a Bergen County-owned nursing home discriminated against non-Filipino nurses and caused them to "fear for their jobs." Violetta Arcilla is accused of forcing out non-Filipino nurses, docking pay, wielding discipline unfairly and offering Filipino nurses better schedules, NorthJersey.com reports. Arcilla, whose Facebook page says she is from Belleville, has been at the helm of the 100-bed Rockleigh home since 2015, the article says. The suit was filed by Carmen Mabille, Maureen Beech, Rita Blaser and Barbara Masten last mont…
No-Shave October? Yankee Fans Eye New State Law That Prohibits Facial Hair Discrimination No-Shave October? Yankee Fans Eye New State Law That Prohibits Facial Hair Discrimination
No-Shave October? Yankee Fans Eye New State Law That Prohibits Facial Hair Discrimination A New York State measure signed into law this week by Gov. Cuomo has some sports fans wondering what that could mean for the Yankees. The new law prohibits employers from what could be considered racial discrimination against workers by forcing them to do certain things with their hair. It’s intended to allow employees to keep dreadlocks, cornrows, braids, twists, and fades, among other styles, but it also has raised certain questions among followers of the neatly-trimmed Bronx bombers. Where have you gone, Sparky Lyle? Late New York Yankees owner George Steinbrenner established a policy …
New Workplace Harassment Protections Become Law In New York New Workplace Harassment Protections Become Law In New York
New Workplace Harassment Protections Become Law In New York Employees in New York will be further protected from harassment under new legislation signed into law by New York Gov. Andrew Cuomo. The new law “strengthens New York's anti-discrimination laws to ensure employees can seek justice and perpetrators will be held accountable by eliminating the restriction that harassment is ‘severe or pervasive’ in order to be legally actionable.” The legislation also mandates that all non-disclosure agreements allow employees to file a complaint of harassment or discrimination, and extends the statute of limitations for employment sexual harassment claims fil…
LAWSUIT: Becton High School's First Female Sup't Alleging Gender Discrimination LAWSUIT: Becton High School's First Female Sup't Alleging Gender Discrimination
Lawsuit: Becton High School's First Female Sup't Alleging Gender Discrimination Henry P. Becton Regional High School's first female superintendent who last summer was placed on administrative leave has filed a gender discrimination suit against the district, the school board and its president. Louise Clarke -- who was quietly placed on administrative leave last October -- says that she was verbally abused and harassed for being a woman in the high-level role, NorthJersey.com reports. The suit -- in Superior Court earlier this month -- claims that district Business Administrator Nicholas Annitti of asking her if she was having sex with another emplo…
Lawsuit Over Transgender Hostess' Firing At Westchester Applebee's Settled For $100K Lawsuit Over Transgender Hostess' Firing At Westchester Applebee's Settled For $100K
Lawsuit Over Transgender Hostess' Firing At Westchester Applebee's Settled For $100K The firing of a transgender employee at a Westchester Applebee’s over alleged sexual harassment has led to a $100,000 settlement following a lawsuit from the Equal Employment Opportunity Commission. A Title VII lawsuit was filed by the EEOC last year against Apple Metro Inc., which operates Applebee’s in Westchester, following the alleged incident, which happened to an employee in Hawthorne. Staff members allegedly made inappropriate comments about the employee’s transgender status, referring to her with male names and pronouns and making repeated offensive comments regarding her genitals. …
Hasbrouck Heights Attorney's App Aims To Abolish Workplace Sex Harassment Hasbrouck Heights Attorney's App Aims To Abolish Workplace Sex Harassment
Hasbrouck Heights Attorney's App Aims To Abolish Workplace Sex Harassment Hasbrouck Heights attorney Marc Garbar noticed his clients were experiencing sexual harassment and discrimination with no place to turn. So he did something about it. The employment law attorney has rolled his more than two decades of experience into "HarassmentLaw," his new app now available in the Apple App Store and GooglePlay.  “HarassmentLaw is a mobile app designed to offer employees and business owners immediate attorney access and relevant, employment law related information," the attorney said.  "With HarassmentLaw, you now have your in-the-trenches, in-the-mo…