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Discrimination and Harassment

Berlingieri Law, PLLC provides legal services to employees suffering from all types of employment discrimination and harassment at work.

Wage and Hour Disputes: Overtime and Minimum Wage

Berlingieri Law, PLLC provides legal services to employees who are not being compensated properly at work – victims of wage theft.

Employment Legal Services in: New York and Connecticut

Berlingieri Law, PLLC provides legal services in New York and Connecticut.

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New York Minimum Wage Now $15.00. per hour for some in NYC, $13.50, $12.00 per hour and $11.10 for New Yorkers

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.

Location12/31/1612/31/1712/31/1812/31/1912/31/202021*
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).


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How will the Supreme Court decide if sexual orientation is protected in the workplace under Title VII?

The Supreme Court will decide “Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.”

The Supreme Court to decide Tile VII “Sex” questions.

Combined with the question

Issue: Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins.


Issue: Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.

CERTIORARI GRANTED 17-1618 ) BOSTOCK, GERALD L. V. CLAYTON COUNTY, GA ) 17-1623 ) ALTITUDE EXPRESS, INC., ET AL. V. ZARDA, MELISSA, ET AL. The petitions for writs of certiorari are granted. The cases are consolidated and a total of one hour is allotted for oral argument. 18-107 R.G. & G.R. HARRIS FUNERAL HOMES V. EEOC, ET AL. The petition for a writ of certiorari is granted limited to the following question: Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins, 490 U. S. 228 (1989).

https://www.supremecourt.gov/orders/courtorders/042219zor_9olb.pdf

Altitude Express Inc. v. Zarda
Docket No.17-1623. Cert. Granted

Older Blog: Dec. 2018 –

The Supreme Court may want to take up the Zarda question to avoid an inevitable Circuit-Split and incongruous application of Title VII.  

The last conference for the selection committee of Justices could have granted the Zarda petition for certiorari should be heard by the 9 Justices was set for December 3, 2018, however it has since been rescheduled.  

The Supreme Court will have to decide whether it wants to hear the Second Circuit case in its upcoming 2019 term.


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New Push for $15.00 Minimum Wages After Mid-Term Elections

Minimum wages laws could be changing nationwide in the upcoming legislative sessions.  As the new year approaches and this year’s legislative sessions wind down, we look to the future of Minimum Wage laws.

Congressional lawmakers in Washington may seek to raise the federal minimum wage in the upcoming sessions of congress. The current federal minimum wage $7.25 an hour for close to 10 years. Congress members may introduce a new or modified version of the the Raise the Wage Act,  to raise the federal minimum progressively to $15.00 over 7 years.  The law will allow employers time to plan and may lead to job cuts.

The Raise the Wage Act seeks to set automatic increases to the minimum wage linked to median wage growth for the U.S. labor work force. The the Raise the Wage Act, would  progressively eliminate the lower minimum wage for waiters and servers and bartenders and other tipped workers. The tipped workers now make far less in minimum wages per hour. The Raise the Wage Act also provides protections for disabled workers who are often paid less than the minimum wage. The Raise the Wage Act seeks to offer protections for low wage workers.

Local lawmakers in cities across the us including Milwaukee Wisconsin and Detroit Michigan passed $15.00 minimum wage laws in the November 2018 elections.

Other states may be compelled to raise their own minimum wages as more municipalities make the choice to raise minimum wages to $15.00 per hour.  New York is on track to be a $15.00 minimum wage state in the coming years.

If  you have minimum wages questions or have been denied pay or wages or minimum wage or overtime pay, contact Berlingieri Law, PLLC for a free consultation.


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