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On September 10, 2015, acting New York State Commissioner of Labor Mario J. Musolino signed an order (the “Wage Order” or the “Order”) which (1), over a period of three years, raises Manhattan, NYC’s minimum wage for fast food employees from $8.75 per hour to $15.00 per hour and (2) over a period of six years, increases the minimum wage for fast food workers…Read More

On October 22, 2015, the New York State Division on Human Rights (the “Division on Human Rights,” the “Division,” or the “NYSDHR”) issued a then-proposed regulation prohibiting employers with four or more employees from firing or refusing to hire an individual, and from discriminating against an individual in compensation or in the terms and conditions of employment, because of the…Read More

Effective September 3, 2015, a new statute prohibits most employers in New York City, other than employers in the securities industry, from requesting or using an employee’s or a job applicant’s consumer credit history in making employment decisions. Specifically, on May 6, 2015, then-New York City Mayor Bill de Blasio signed, into law, Local Law 37 of 2015 (“Local Law…Read More

On January 11, 2010, Judge Shira Scheindlin of the U.S. District Court for the Southern District of Manhattan sanctioned 13 plaintiffs for failing to preserve electronic files in discovery. Pension Comm. of Univ. of Montreal Pension Plan v. Banc of America Secs. LLC, No. 05 Civ. 9016 (S.D.N.Y. Jan. 11, 2010). These plaintiffs are suing two failed hedge funds for…Read More

In April 2010, in Voss v. Tranquilino, App. Div. Docket No. A-5431-08T1 (N.J. App. Div. Apr. 28, 2010), New Jersey's Appellate Division held that "a driver of a motor vehicle who is convicted of or pleads guilty to driving while intoxicated (DWI), N.J.S.A. [§] 39:4-50(a)," may bring a lawsuit for damages under New Jersey's dram shop law, N.J.S.A. §§ 2A:22A-1…Read More

The anti-retaliation provision of Title VII of The Civil Rights Act of 1964, as amended (“Title VII”) prohibits an employer from “discriminat[ing] against any of his employees . . . because he has made a charge” under Title VII. 42 U.S.C. § 2000e-3(a). Title VII allows “a person claiming to be aggrieved” to file a charge with the U.S. Equal…Read More

On January 29, 2014, Newark Mayor Luis Quintana signed into law the Newark Sick Leave for Private Employees Ordinance, Ordinance 13-2010 (the “Newark Sick Leave Ordinance,” the “Sick Leave Ordinance,” the “Ordinance,” or the “NSLPEO”).  Effective May 29, 2014, the Sick Leave Ordinance requires employers in Newark, New Jersey which employ 10 or more employees to afford each employee one hour of paid sick time…Read More

On August 11, 2014, New Jersey Governor Chris Christie signed into law the New Jersey Opportunity to Compete Act, Pub. L. 2014, ch. 32 (the “Opportunity to Compete Act,” the “NJOCPA,” or the “Act”), which takes effect on March 1, 2015.  The Opportunity to Compete Act prohibits employers in New Jersey from requiring applicants for employment, “during the initial employment…Read More

The Department of Defense Appropriations Act for Fiscal Year 2010 (the “DOD Act”) was signed by the White House on December 19 of last year and became effective on February 17, 2010. The DOD Act, section 8116, bars any company which is a party to any agreement in excess of $1,000,000 with the U.S. Department of Defense, and any company…Read More

A Glimpse Of The Manhattan And New Jersey Employment Lawyer’s Recent Publication Manhattan, Manhattan – WEBWIRE – Wednesday, September 16, 2020 Employment lawyer David S. Rich, founding member of The Law Offices of David S. Rich, LLC, has recently released “Executives and Professionals in Manhattan: Your Rights at Work.” The book informs executives and professionals who are employed in Manhattan, NY about their rights and…Read More