APPELLATE COURT RULES THAT PLAINTIFF IS AN EMPLOYEE NOTWITHSTANDING MISCLASSIFICATION AS INDEPENDENT CONTRACTOR BY EMPLOYER

The fact that a worker is labeled an "independent contractor" does not preclude a court from finding that he is actually an employee with overtime and other rights under NY Labor Law. Each year, federal and state courts throughout New York issue dozens of decisions granting overtime compensation and other relief to workers who were labeled "independent contractors".  These types of cases are often referred to by New York employment lawyers as "misclassification claims". 

FIGHTING THE SCARLET LETTER OF JOB LOSS: NYC COUNCIL VOTES TO BAR DISCRIMINATION ON THE BASIS OF UNEMPLOYMENT

This afternoon, the New York City Council voted overwhelmingly for the passage of a bill that bans discrimination against job applicants who are currently unemployed.   In essence, the bill would prohibit employers from considering an applicant's employment status when deciding to hire them. It would allow job-seekers to sue if they believe they weren't offered a job because they were unemployed. Mayor Bloomberg has vowed to veto the bill, claiming that it would lead to vexatious litigation against small businesses.

PROVING EMPLOYMENT DISCRIMINATION THROUGH SURREPTITIOUS TAPING: CELEBRATING THE 10-YEAR ANNIVERSARY OF MENA V. KEY FOOD STORES

Approximately ten years ago, in March, 2003, attorney Marc Rapaport won a groundbreaking victory regarding the admissibility of surreptitiously-recorded conversations in employment discrimination lawsuits.  In a decision that was issued on March 20, 2003, in the case Mena v. Key Food Stores Co-Operative (Case No. 6266/01), Judge Herbert Kramer ruled that:

BRONX COUNTY SUPREME COURT: EMPLOYER'S PATTERN OF ADVERSE ACTIONS JUSTIFY PLAINTIFF'S COMPLAINT FOR DISCRIMINATION FOR HOSTILE WORK ENVIRONMENT BASED ON RACE AND AGE

In a decision that underscores the benefits that inure to plaintiffs who file their complaints for discrimination in New York Supreme Court  - rather than Federal District Court - the Supreme Court in Bronx County recently issued a ruling in favor of a plaintiff, and rejected the defendant-employer's motion to dismiss the plaintiff's discrimination case.  The Bronx Court held that the Plaintiff's complaint had articulated a sufficient basis to infer discrimination based on age and race.