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...
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Kim, Cho & Lim, LLC Legal Blog
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...
Café worker claims she faced extended period of sexual harassment
Despite greater attention paid to workers who are subjected to sexual harassment in New York, New Jersey and across the nation, it continues. Often, this is due to workers being fearful of retribution and concerns that they will not be believed if they speak up. Among...
What is the tip credit under FSLA?
Working in the service industry is hard and the pay is not always great. Many servers, bartenders, and other food service professionals rely on tips to fill out their employer-provided wages. In fact, New York and New Jersey service professionals who earn tips are...
Non-disclosure agreements and workplace discrimination claims
The phrase “non-disclosure agreement” and its shorthand, NDA, are commonplace in news stories about various disputes. NDAs are often part of employment contracts or paired with settlements, and may help both sides feel confident a dispute of some kind is officially...
The different types of sexual harassment
Sexual harassment does not have to be tolerated in the workplace and it is important for victims to understand. There are different types of sexual harassment recognized under the law that victims should be familiar with. Quid pro quo sexual harassment Quid pro quo...
Discrimination complaints are the ‘tip of the iceberg’
Do you feel like you have seen more discrimination complaints in the news lately? Workers cannot legally be discriminated against on the basis of things like race, gender, age and sexual orientation. Even so, it continues to happen, and reports continue to be made. ...
It is vital for men to report sexual harassment suffered at work
Sexual harassment in the workplace is one of the most harmful and humiliating events an employee can experience. Although these disturbing behaviors are not legal, the problem persists in many New Jersey and New York industries. The fact that some victims of sexual...