Berlingieri Law, PLLC provides legal services to employees suffering from all types of employment discrimination and harassment at work.
Berlingieri Law, PLLC provides legal services to employees who are not being compensated properly at work – victims of wage theft.
Berlingieri Law, PLLC provides legal services in New York and Connecticut.
Berlingieri Law, PLLC is there when you need them to be.
All employees in the workforce benefit from an increase in total number of workers in the United States. Companies are expanding and many employees may face struggles in 2020 in the ever changing work environment of modern businesses.
Berlingieri Law, PLLC, provides legal services in New York and Connecticut.
The minimum wage in New York City is $15.00 per hour. The New York State Department of Labor oversees wage regulations in New York State. Businesses employing people in New York State should be aware of wage requirements and regulations.After December 31, 2019, all employees in New York City must be paid at least $15.00 per hour. In Nassau, Suffolk and Westchester counties, it is $13.00 per hour. In the remainder of the state, it is $11.80 per hour. There are different hourly rates for workers in the fast food industry and those who receive tips. These rates remain in effect until December 30, 2020. If you need additional assistance or want to file a complaint, please call:347-766-5185 for a free consultation
The minimum wage will continue to increase every year across New York State until it reaches $15.00 per hour on December 31st, 2020.
Wage orders published by the Department of Labor can modify the minimum wage rate for workers in certain industries. Businesses should contact the Department of Labor if they will apply any credits, such as meals or tips, towards meeting the minimum wage rate. It is illegal to pay employees below the wage rate.
Under the Wage Theft Prevention Act, private employers in New York State must provide all of their employees (both exempt and non-exempt) with a pay notice. This pay notice must include the following information:
Businesses should keep copies of all of their pay notices.
The New York State Human Rights law is now more pro employee in 2019.
For example an employee does not have to complain about discrimination in order to establish a hostile work environment, and/or prove discrimination.
The time to file a complaint with the division of Human Rights is now longer. The Complainant/Plaintiff/Employee can now recovery attorneys fees for all discrimination under the New York State Human Rights Law, not only limited to sex discrimination or sexual harassment.
Important Updates to the New York State Human Rights Law
2019 SAW A GREAT EXPANSION FOR EMPLOYEES’ RIGHTS IN NEW YORK
On August 12, 2019, Governor Cuomo signed legislation that strengthened protections against discrimination and harassment in the New York State Human Rights Law. The provisions of this law will go into effect at various times between August 2019 and August 2020. A brief description of these provisions, and their effective dates, is provided below.
Effective August 12, 2019:
• The Human Rights Law is to be liberally construed, under New York State law, without reference to any federal law that may lead to a more restrictive result.
Effective October 11, 2019:
• The Human Rights Law now explicitly includes protection in employment from harassment based on any protected class. In addition, domestic workers are now also protected from harassment on all bases. A list of all protected classes can be found in the adjoining section.
• The Human Rights Law now protects victims of harassment, including sexual harassment, in important new ways:
○ Harassment is against the law whenever an individual is subjected to inferior terms, conditions or privileges of employment.
○ The harassment need not be severe or pervasive in order for the employer to be liable. (However, the employer may raise a defense that the actions were not more than “petty slights or trivial inconveniences”).
○ In order to establish liability, the complainant does not have to identify a similarly situated person/employee that was treated more favorably.
○ A complainant does not have complain to their employer or file a formal grievance in order to establish liability.
• Non-employees working in the workplace are protected from all discrimination. The protections extend to contractors, subcontractors, vendors, consultants or others providing services in the workplace
• Punitive damages may be awarded against private employers.
• Attorney’s fees may be awarded in all employment cases.
• Under New York law, settlements of employment discrimination claims can only include the conditions of confidentiality if it is the complainant’s preference and agreements regarding nondisclosure must be “in writing to all parties in plain English, and, if applicable, the primary language of the complainant.”
THINGS TO LOOK FORWARD TO in Human Rights Law in New York next year.
Effective January 1, 2020:
• Under New York law, settlements of employment discrimination claims cannot prevent complainants from speaking to an attorney, the New York State Division of Human Rights, the U.S. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement.
Effective February 8, 2020:
• The Human Rights Law will apply to all employers within New York State, even those with fewer than four employees. See adjoining section for more on the Law’s protections.
THREE YEARS TO FILE FOR SEXUAL HARASSMENT
Effective August 12, 2020:
• The one-year statute of limitations for filing with the Division will be extended to three years for sexual harassment in employment cases only.
If you or someone you know has been subjected to workplace harassment contact Berlingieri Law, PLLC. Helping employees only in workplace matters. Call now for a free consultation.
New York State’s Minimum Wage gives New Yorkers a raise for 2019.
New York State’s Minimum Wage will employees benefit or will there be less jobs for workers and higher prices for customers?
The path for a statewide $15 minimum wage plan will begin to raise the earnings of more than 2.1 million New Yorkers, in all industries across the state.
|NYC – Big Employers (of 11 or more)||$11.00||$13.00||$15.00|
|NYC – Small Employers (10 or less)||$10.50||$12.00||$13.50||$15.00|
|Long Island & Westchester||$10.00||$11.00||$12.00||$13.00||$14.00||$15.00|
|Remainder of New York State Workers||$9.70||$10.40||$11.10||$11.80||$12.50||*|
Every year or at the time of a pay change New York employers must provide employees a wage notice pursuant to NYLL-195(1) and on each payday a wage statements (paystubs) pursuant to NYLL-195(3).