My employer used COVID-19 layoffs to get rid of older workers.
What are my rights? While many businesses may be struggling these days, the COVID-19 pandemic is no excuse for discriminatory terminations. Although age discrimination is illegal under federal, state, and New York City law, some employers may try to take advantage of the pandemic to push out older employees. The federal Older Workers Benefit Protection […]
I Was Fired for Complaining About a Lack of Safety Precautions at Work. What Are My Rights?
It is illegal under state and federal law for your employer to retaliate against you for complaining about or reporting unsafe working conditions, such as a lack of necessary personal protective equipment or failure to implement social distancing protocols. If your employer has terminated you or otherwise retaliated against you for raising COVID-related safety concerns, […]
Jason Rozger Gets Class Certification In Home Care Worker Wage Case
Many home care agencies only pay their workers for 13 hours of a 24-hour shift, despite the care these critical workers provide during the overnight hours. For nearly a decade, Menken Simpson & Rozger LLP has been fighting for the rights of home care workers to get paid for every hour of their work, filing […]
MSR Gets Class Certification in Superintendent Case
Judge Paul A. Crotty of the Southern District of New York conditionally certified a collective of building superintendents seeking unpaid minimum and overtime wages under the federal Fair Labor Standards Act in Huggins v. Chestnut Holdings, Inc., et al., 18-cv-1037. The Court found that notice to other potential collective members was warranted because the superintendents […]
Your Right to Earned Commissions
If you are paid by commission, you may have a legal claim if your employer refuses to pay you a commission you have earned — even if you are laid off or fired. Your employment agreement may specify when a commission is considered “earned,” or, if it doesn’t, a commission will be considered “earned” in […]
You Have the Right to a Safe Workplace During the Pandemic
Federal law requires employers to provide workplaces that are “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” The Occupational Safety and Health Administration (OSHA) is the agency empowered to enforce this requirement. If you believe your employer is forcing you to work in unsafe conditions related to COVID-19, you can […]
Legal Update: A Victory for Gig Workers in New York
With COVID-19 keeping us indoors most of the time, demand for delivery services such as Instacart, DoorDash and GrubHub is booming—and delivery people are putting themselves and their families at great risk to feed our city. But many of the Internet-based delivery and “gig” companies cut costs by classifying their employees as independent contractors, which […]
Press Coverage Of Disability Discrimination Lawsuit
Recently, the Washington Square News published an article about one of the firm’s cases, Malzberg v. New York University, 19-cv-10048 (JPO), which is pending in the Federal Court for the Southern District of New York. Read more here. The case is being litigated by Partner Scott Simpson and Associate Raya Saksouk.
MSR Files ADA Lawsuit on Behalf of Disabled Veteran
Our firm has filed a disability discrimination lawsuit in federal court on behalf of Grant Fox, a disabled veteran suffering from post-traumatic stress disorder (“PTSD”) stemming from his lengthy military service. Fox alleges that his rights were violated when his employer failed to provide him with a reasonable accommodate to his disability as required by […]