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Queens Employment Law Blog

Employment and Wage Laws Related to Tips

Unfortunately, not all workers are paid fairly. Those in the service industry, in particular, tend to be underpaid because they receive two types of compensation: hourly wages and tips. Employers are often confused by tip laws. A tip is defined as extra money, beyond the total charges of the bill, to compensate workers for their…

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Wrongful Termination: What You Need to Know

New York, like many other states, is an employment at will state. This means that an employer can fire you without cause—for the most part. There are exceptions to every rule. In some cases, employers use the “employment at will” excuse to discriminate against an employee. This is called wrongful termination and it is against…

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Managing Cell Phones in the Classroom

Cell phones in school is an issue that teachers didn’t have to deal with in the past. But with nearly 80 percent of teens using cell phones on a regular basis, educators must now focus on ways to turn their students’ attention to learning. They may resort to confiscating students’ phones and looking through them….

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New York Lunch Break Laws

Employers have many rules that they must abide by when it comes to their employees, and one of them is implementing lunch break laws that are in accordance with state law. Labor Law Section 162 sets forth the requirements for breaks at work based on type of employment and hours worked. This law applies to…

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Understanding Protected Activity

Those employed or looking for employment have the right to be free from discrimination and harassment. Under Equal Employment Opportunity, asserting these rights is considered protected activity. Employers cannot retaliate against a person for protected activity. Protected activity can come in various forms. It can include filing a complaint or lawsuit, discussing an incident of…

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Protecting Yourself After Nationwide Revelations of Sexual Harassment

Revelations of sexual assault and harassment have taken over the news for the past few months in the wake of the Harvey Weinstein scandal. Weinstein was a film producer who allegedly sexually harassed more than 50 women. Women are now starting to speak up against this type of abuse and this has led to the…

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How Teachers Can Challenge Denied Tenure

Many teachers are in search of “tenure,” but what exactly does this mean? Tenure basically gives a teacher a permanent position at a school, college or university. A tenured professor can only be let go in extreme circumstances, such as serious misconduct. The requirements of obtaining tenure vary from one school to another. As such,…

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Protections for LGBTQ Members in New York

Nowadays, more and more companies—and the community in general—are more accepting of those who do not fall within heterosexual norms. People are feeling more comfortable coming out as gay, lesbian, bisexual or transgender and expressing themselves accordingly. However, there are still many people who express hatred and discrimination against LGBT community members, especially in the…

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Can Tenured Teachers be Fired?

Yes. Many individuals, teachers included, mistakenly believe that having tenure makes a teacher “untouchable.” This simply is not true. The difference between a tenured teacher and a teacher without tenure is that the tenured teacher has the right to due process when he or she faces an accusation of misconduct or dismissal for another reason….

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Wrongfully Terminated from Uber or Lyft? Know your Rights

For some New Yorkers, driving for Uber, Lyft, or another rideshare company is a side gig that provides a little bit of extra income on top of their regular paycheck. For others, it is the full-time job that generates the full-time paycheck. Whether you drive for one of these companies for a few hours each…

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