Many workers have found themselves in the troubling scenario of being stuck in a job with a toxic work environment. Over the past year, those same workers may find that this scenario has been made worse by the challenging current job market. This current period is a...
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Kim, Cho & Lim, LLC Legal Blog
New Jersey Wage Theft Act
As businesses have begun opening up again, there are new challenges to meeting payroll, managing a remote workforce and being able to weather future shuttering of business operations as the pandemic reaches its climax. It is important for employers to be aware of...
Whistleblowers and how retaliation impacts their employment
Across the nation and right here in New York, businesses are subject to many different state and federal rules and regulations. The law dictates how they must report their earnings, where they may dispose of their waste, and how they may hire and fire their employees....
How to tell if you are an employee, and thus may earn overtime
You may have worked overtime often over the time leading up to the 2020 holiday season, especially if you work in construction, at a factory or at a restaurant. However, were you properly paid for this extra work? Whether you can get to overtime pay may depend on...
Know your rights when race discrimination in the workplace occurs
After the year that has passed, there are many people in America who probably just feel lucky to have a job. While there are encouraging signs that the national economy may be returning to stability at an incremental pace, the employment market can be volatile in...
States’ overtime laws are broader than federal standards
Federal laws set standards that require employers to pay most workers overtime wages for any time worked over 40 hours a week. Generally speaking, employers have to pay 150% of a worker’s hourly wage for all overtime worked. New York and New Jersey also have their own...
Employees entitled to pay for training webinars during work
The federal Fair Labor Standards Act, in addition to state wage laws, governs compensation for training and other activities at work. An employee who watches an on-demand training webinar during normal work hours must be paid for that time under FLSA, according to a...
Independent contractors, on-demand workers and the FLSA
Gig workers, also known as on-demand workers, like those who work for Uber and Postmates, are classified as independent contractors by their respective platforms. This means that these contractors are not afforded the same employment rights as traditional employee,...
Can you be sexually harassed while working from home?
Over the past few months, many employers have transitioned to work-from-home arrangements. If yours is among these, you might have felt relieved at first, especially if you experienced sexual harassment at the office. Yet, many harassers will find ways to continue...
A quick look at federal and state overtime protections
If you’re like a lot of blue-collar workers, then you’re probably frequently asked to work overtime. You might feel compelled to say “yes,” but then you’re disappointed when your paycheck doesn’t reflect the amount of pay you should have received. This happens all the...