Tip pooling is the process of collecting all of the tips earned through the night, by all employees who were on the clock, and then splitting them up evenly. This is vastly different from the more common practice of letting employees keep the tips that were given...
Kessler Matura P.C.
Wrongful termination under New York law
by Kessler Matura P.C. | May 27, 2021 | Wrongful Termination
In most states, the company that you work for has the legal right to terminate your employment when they choose. This means that you could lose your job with no warning and without even receiving an official reason for your termination. However, employers in the state...
Denied overtime pay in New York?
by Kessler Matura P.C. | May 23, 2021 | Wage And Hour Claims
The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees (hourly workers) overtime pay if an employee works more than 40 hours in a given week. This federal law requires employers to pay these employees an amount that is at least 1.5 times...
Workplace age discrimination with harassment
by Kessler Matura P.C. | May 22, 2021 | Age Discrimination
Workplace discrimination and harassment, which are both illegal in New York, can go hand in hand. An employer willing to engage in one is likely to engage in the other. When considering age-based discrimination, it’s important to look for signs of related harassment,...
How to know if you’re a victim of wage theft
by Kessler Matura P.C. | Feb 1, 2021 | Workplace Discrimination
According to federal law, employers in New York must pay you for every hour that you've worked. If your employer shorts you by any amount, whether it's one hour or an entire shift, you might be able to file a claim. It's important to keep track of your hours so you'll...
Can harassment come from discrimination?
by Kessler Matura P.C. | Jan 25, 2021 | Sexual Harassment At Work
In the state of New York, the law forbids discriminating against anyone based on a protected factor like their age, gender, race, religion or country of origin. In some cases, discrimination takes the form of blatantly illegal acts like firing someone or refusing to...
Actionable workplace harassment
by Kessler Matura P.C. | Jan 20, 2021 | Sexual Harassment At Work
Far too often, New York employees receive harassment at work. Sometimes, harassment can be legally-actionable and entitle a worker to lost wages and damages. However, individuals need to keep some considerations in mind when evaluating if they can pursue claims for...
What happens after a retaliatory termination?
by Kessler Matura P.C. | Jan 15, 2021 | Wrongful Termination
Being fired could be a humiliating experience. The situation might even be an infuriating one when the dismissal is wrongful. “Wrongful termination” doesn’t refer to disagreements that poor performance deserved a second chance; the New York legislature wouldn’t likely...
What employer retaliation looks like
by Kessler Matura P.C. | Jan 10, 2021 | Employee Rights
New York law generally prohibits employers from demoting, terminating or taking other adverse actions against employees who engage in protected activities. The following is a look at some other examples of employer retaliation and how you may be able to demonstrate...
What is Workplace Discrimination and How Do You Report It?
by Kessler Matura P.C. | Oct 22, 2020 | Workplace Discrimination
Many employees have trouble figuring out what to do when they are a victim of or witness workplace discrimination. An employee might not even realize they are experiencing workplace discrimination. Workplace discrimination can cause physical, mental, and emotional...
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