Can Your Employer Take or Ban Your Personal Cell Phone? If a manager has ever told you to hand over your phone, lock it in a locker, or simply banned it from the floor entirely — you have probably wondered whether they can actually do that. The honest answer is: it depends on what they are asking you to do. Your employer can ban phone use during working hours, require you to store your phone in a locker, and discipline you for violating that policy. Those are all generally legal. What the...
FLSA Collective Action vs. New York Labor Law Class Action: The Complete Guide to Hybrid Wage Lawsuits (2026) A hybrid wage lawsuit combines two legal claims in one case: an FLSA collective action, where workers must opt in, and a New York Labor Law (NYLL) class action, where workers are automatically included unless they opt out. New York federal courts allow both to run together when they arise from the same employer conduct — giving workers the broadest possible protection and recovery....
Wrongful Termination in New York: Can You Sue Your Employer After Being Denied Unemployment Benefits? Losing your job can be overwhelming, especially if your application for unemployment benefits is also denied. Many employees assume that if the New York Department of Labor determines they are ineligible for benefits, they automatically lose the right to take legal action against their former employer.Fortunately, that is not how New York law works.In many situations, employees may still h...
What Are the ADEA Waiver Requirements for a Valid Severance Agreement? When an employer offers a severance agreement, the document may include a provision requiring the employee to waive certain legal claims against the company. For employees age 40 and older, waivers involving age discrimination claims are subject to special federal requirements under the Age Discrimination in Employment Act (ADEA).An ADEA waiver cannot simply be included in a severance agreement and automatically become ...
NYC Lunch Break Law Explained: Employee Rights Under New York Labor Law Section 162 Most employees in New York assume lunch breaks are automatically guaranteed, but the reality is often more complicated. Many workers are unsure what they are legally entitled to and what their employer is actually required to provide under New York law.This confusion leads to common workplace situations like skipped meals, interrupted breaks, or employees continuing to work while “on lunch” without realizin...
NYC Fair Chance Act Explained (2026): Ban the Box Rules & Employer Compliance Guide Hiring decisions in New York City have become more regulated over the years to ensure fairness for job applicants with criminal records. One of the most important reforms in this area is the New York City Fair Chance Act, commonly referred to as the Ban the Box law.The purpose of this law is to prevent employers from automatically screening out candidates based on their criminal history before they are...
Retaliation for Reporting Workplace Injuries or Safety Violations in NYC Employees have the legal right to report unsafe working conditions, workplace hazards, and job-related injuries without fear of punishment or retaliation. Under federal law, employers cannot legally fire, discipline, intimidate, or otherwise punish workers simply because they raised concerns about workplace safety.These protections are primarily enforced under the Occupational Safety and Health Act (OSHA Act), which ...
The Trapped at Work Act in New York: What Employees Need to Know In December 2025, New York State passed the Trapped at Work Act, a groundbreaking law designed to protect employees from pay-to-quit agreements and other unfair employment contracts. This law prevents employers from using employment promissory notes or stay-or-pay agreements that financially penalize employees for leaving a job early.Whether you are an employee, intern, or independent contractor, understanding the Trapped a...
NYC Broker Fee Ban 2026: What Renters & Landlords Must Know Renting an apartment in New York City has always been challenging — between limited inventory, soaring prices, and hefty broker fees, tenants often spent thousands before even moving in. But recent legal changes have dramatically reshaped the rental landscape.As of 2026, the NYC rental market continues to operate under the FARE Act, which took effect on June 11, 2025, and fundamentally changed who pays broker fees.Thanks to the FAR...
Despite a society that often prides itself on diversity and progress, racial discrimination in the workplace continues to be a real and deeply harmful issue in the United States. For many employees, it isn’t just about overt racism; it's about subtle biases, microaggressions, and systemic barriers that make career advancement and everyday work life more difficult. Understanding the signs of racial discrimination—and knowing your rights—is key to changing that reality. Do You Ne...
In the modern world of work, one issue continues to be a source of significant concern and distress: sexual harassment. The question, "How Does Sexual Harassment at Work Affect a Person?" is not just a legal or ethical one, but a deeply human one, with significant implications for mental health and overall quality of life.Do You Need a Sexual Harassment Attorney?If you need legal help with a harassment related matter, set up a FREE consultation today.CONTACT US NOWWorkplace Sexual Harassment: Wh...
In the quest to ensure equal opportunities for all, the Americans with Disabilities Act (ADA) plays a pivotal role. This landmark civil rights law was established to safeguard individuals with ADA protected disabilities from discrimination in all public life spheres — especially in the workplace. This article delves into an inclusive list of disabilities covered under the ADA, while shedding light on the ADA’s essential protections, reasonable accommodations, and how to recognize ADA workplace d...
In today's evolving work environment, preventing sexual harassment in the workplace is of paramount importance. Sexual harassment can create an uncomfortable and unsafe environment for employees, leading to decreased productivity, morale, and job satisfaction. It's crucial for both employers and employees to understand what constitutes sexual harassment and what measures can be taken to prevent it. Do You Need Sexual Harassment Attorney? If you need legal help for something happening in yo...
Disability discrimination, particularly in the workplace, is a significant issue faced by many individuals today. Thankfully, there are strong federal and state disability discrimination laws established to protect individuals and promote fairness and equality. This article will explore these laws, employee rights, employer responsibilities, penalties for violations, and possible courses of action.Do You Need Disability Discrimination Attorney?If you need legal help for something happening in yo...
Introduction Federal Sexual Harassment Law: Sexual harassment in the workplace is not only a grave issue, but it is also, unfortunately, a common occurrence. Understanding the laws against sexual harassment in the workplace, such as the Federal Sexual Harassment Law, is crucial for both employers and employees. This blog post aims to provide a comprehensive overview of these laws, focusing on federal and New York state legislation. Do You Need Sexual Harassment Attorney? If you ne...
IntroductionLaws Against Religious Discrimination in the Workplace: Religious discrimination in the workplace is a serious issue that affects individuals across the United States. Understanding the laws against religious discrimination in the workplace, including Title VII religious discrimination provisions, is crucial for both employers and employees. This blog post provides a comprehensive overview of federal and New York state laws addressing religious discrimination, employee rights, employ...
In an ideal world, all workplaces would embrace inclusivity and equal treatment. However, unfortunately, disability discrimination still prevails in various organizations around the world. It's imperative to eradicate these biased practices and construct a harmonious working environment for everyone, irrespective of their physical or mental conditions. This article focuses on how to prevent disability discrimination in the workplace and shares steps to improve disability discrimination practic...
The Worker Adjustment and Retraining Notification Act or WARN Act is a labor law in the United States enacted in 1989. This Act ensures that certain workers are given advanced notice if their employer is planning on closing or conducting mass layoffs. The WARN Act lays out certain requirements for companies and provides information about exceptions and repercussions for violations of the Act. If you believe that you have lost your job due to closings and mass layoffs, you should ...
Some jobs seem easy and simple enough: retail, restaurant & hospitality workers, simple hourly wage. But what do you do when you’re asked to sign a stack of papers upon which your offer of employment is contingent? How do you navigate a job offer involving a complex contract that lays out terms for work? A qualified employment attorney can help you determine if it’s a bona fide offer or too good to be true. Give the Law Offices of Yuriy Moshes a call or fill out a form online for a cons...Do...
For almost as long as businesses have been competing with one another, the need for Confidentiality Agreements, Non-Disclosure Agreements and the like have been an absolute must if a business were to protect their competitive advantages from others. In today's digital world, the need for confidentiality and agreements is an absolute must as the sharing of secrets is easier than ever now; as simple as the clicking “send” on your phone or email system. Before we get to t...
In the big apple, and other major metropolitan areas around the country, many employees work in the service industry. Of those employees, a majority of them work jobs that are dependent upon tips. Tipping and the laws that regulate such employment give tipped employees rights that they should be aware of and regulate employers in how they can and cannot treat their workers. As tipped workers, it is important that you know the laws and your rights, especially when starting a new tippe...
New RequirementsA new bill signed into law on November 8, 2021, now requires private New York employers who monitor their employees' electronic communications to provide written notice to employees before engaging in these monitoring activities.Do You Need an Employment Attorney?If you need legal help with something happening in your workplace, set up a FREE consultation today.CONTACT US NOWThe new requirements include the following provisions:Employers who plan to monitor or intercept employees...
When a person is unable to work, social security benefits can be life-saving. These monetary benefits often help those struggling financially to survive. Obtaining social security benefits can be a long process, and if the individual owes certain debts, their social security benefits could be at risk. When unpaid debts are sent to debt collectors or collection agencies, garnishment orders could allow these agencies to seize money from bank accounts in which social security ben...
In light of recent healthcare news, it’s not unrealistic to be asking yourself: Can my employer require me to get an influenza vaccination? The answer largely depends on where you live and what type of work you do. For example, in Rhode Island, all healthcare workers are required to get a flu vaccine.Do You Need an Employment Attorney?If you need legal help with something happening in your workplace, set up a FREE consultation today.CONTACT US NOWWhether your state is a right-to-work state or em...
Being a lawyer can be tough, especially when you feel like there is never enough time in the day to get everything done. We are here to help with simple, easy time management tips that can help.Need Help Managing Your Legal Workload More Efficiently?If managing deadlines and client work is taking up too much of your time, effective legal time management strategies can help you stay organized, reduce stress, and improve overall productivity.CONTACT US NOWWeek Scheduling Starts With Each DayGood t...
Employment law claims come in many shapes and sizes. Accordingly, their lengths vary wildly. Generally, employees would like to settle their lawsuits quickly, rather than battle with their current or former employer in court. To understand how long an employment lawsuit will take, you must first have a basic understanding of employment lawsuits in New York State. Do You Need an Employment Attorney? If you need legal help with something happening in your workplace, set up a FREE consult...
New York State Employment Law Updates for 2021 New York leads the country in providing protection for its workers. Its progressive attitude toward workers’ rights results in numerous and frequent state law changes that impact most employees in the state. Generally, employers should be aware of how these changes impact their legal obligations. Many employers may find themselves in violation of laws that changed without their knowledge. This is especially true for small employers ...
Filing a Discrimination Lawsuit in New YorkDiscrimination can take many forms. In years past, common types of discrimination involved unwanted comments or advances in the workplace. Women were not allowed to vote until 1920. Laws mandated where certain non-white races could and couldn't congregate in businesses or public places. Plessy v. Ferguson (163 U.S. 537) sanctioned the legality of racial segregation through the “separate but equal” doctrine. Irish and Jewish people were discriminated...
Recently, President Biden declared his efforts towards fully vaccinating 300 million Americans by the end of summer. As of February 27, 2021, both AstraZeneca and Novavax are in Phase 3 trials. The FDA issued its third emergency use authorization (“EUA”) for the Janssen – Johnson & Johnson vaccine on the same day. Though it seems like the end is on the horizon, Americans are filled with questions. Can citizens be mandated to take a COVID vaccine? How would these mandates...
Losing one’s job can cause tremendous stress on yourself and your family. From a financial standpoint, joblessness can result in an immediate strain on you and your family. From a purely medical standpoint, the stress of being fired begins to mount and can result in deep depression. Adding insult to injury, many employers will tend to shortchange employees upon firing. This can often take the form of not timely paying their prior-earned wages or going back on severance agreement...
A big component of any work relationship is trust. An employer needs to be able to trust that their employees will act with integrity, represent their business in the best possible way, and honor the best interest of the business. Likewise, an employee needs to have trust that their employer will be honest in how they conduct business and how they interact with their employees. Fellow employees need to have trust that their coworkers are trustworthy. When people lie, any professional work relati...
If you are a new parent in New York, you are entitled to part of your normal compensation for missed work resulting from the birth of your child. New or expecting parents should view maternity leave and paternity leave in two separate phases: The first phase, often called pregnancy disability leave, arises under short-term disability law. This first phase provides compensation for the new mother when she is unable to work due to the physical act of childbirth. The second phase, often called pa...
The New York Paid Family Leave 2021 Act not only offers employees the right to take time off from their jobs to care for themselves or their loved ones, it actually offers benefits which increase every year. For example, the NYS Paid Family Leave 2021 Act, which became effective on January 1, 2021, now offers paid safe and sick leave of up to 12 weeks. The new law offers these benefits to workers who stay home to care for a new baby or family member with a bad health condition, or who must co...
Understanding Labor Practices: What Employers Need To Be Aware Of Labor laws for both unions and employers are governed by the National Labor Relations Act. Any action by either the union or employer that violates the Act can result in claims being brought on behalf of the employee. This article shall address what the National Labor Relations Act is, how it protects against unfair labor practices, address understanding labor practices through an understanding of labor practices ...
You may have experienced this yourself. An employer fired you for no reason, leaving you wondering why you even deserved to be fired. It wasn't your performance. You were never late and always on time. What could the reason be? Why were you fired without cause?Do You Need an Employment Attorney?If you need legal help with something happening in your workplace, set up a FREE consultation today.CONTACT US NOWNew York is an employment-at-will state. This means that you can be fired for no re...
As the death toll continues to rise due to the COVID-19 pandemic, and with various states, particularly New York, continuing to implement various safeguards and lockdown precautions, many people continue to remain unemployed and are looking for work. With so much uneasiness in the job market these days, good jobs are hard to come by and those with existing jobs are doing everything they can to keep the ones they have. This is especially relevant for older people in the workforce. Alt...
When it comes to New York state labor laws, New York is very serious about its citizens who work in the state of New York. Compared to other states around the country, New York is a leader when it comes to employment rights. Accordingly, there are a number of employment laws that protect its residents as a condition of employment work law. In its pursuit to support employees and union workers, one law that New York does not abide by is the right to work. The right-to-work law, which is als...
New York is an at-will state, meaning that, but for one of the exceptions, all employees are considered “at-will” employees. This means that an employee can be fired without warning at any time for any reason or no reason at all. Unfortunately, the employer’s reason for terminating an at-will employee can seem unfair, unethical, or even immoral, but could still be deemed lawful.Exceptions to General New York Employment At Will RuleNew york is an employment at-will state. However, when it comes ...
There's no mistake about it. Social media is a permanent fixture of not only New York City's social fabric, but of the world's. Everywhere you turn, everybody, young and old, are using social media to communicate, learn, entertain themselves, advertise, and express themselves. Everybody has a cellular phone now, which means everybody finds themselves turning to social media, both on and off the clock.However, using social media at work could draw criticism from your employer. Not all posts have ...
Can i sue my employer for emotional distress? If you’re experiencing emotional distress at work, you might wonder, “Can I sue for emotional distress?” Unlike physical injuries, emotional distress can be harder to quantify. Conditions like PTSD, depression, or anxiety don’t have visible symptoms or straightforward ways to measure their impact, making these claims more complex to pursue. However, complexity doesn’t mean impossibility. Many states, including New York, increasingly recognize the v...
Like most people talking on the phone, you've probably thought about secretly gathering evidence for yourself by recording phone calls to benefit your case. This may be a case of being sexually harassed by your employer, being discriminated against by a manager, catching somebody in a lie, or simply documenting a conversation for the future.Whatever the case or particular facts are, before you start recording your phone conversation or phone calls, you should be aware that there are specific pri...
Losing a job can create financial stress and uncertainty, especially when you are unsure about your legal rights or eligibility for unemployment benefits. According to the New York State Department of Labor, unemployment insurance benefits are available to eligible workers who lose employment through no fault of their own. Unemployment insurance in New York provides temporary financial assistance to qualifying workers while they search for new employment opportunities. The program is administere...
If you have been a victim of wrongful termination of employment in the State of New York, then you should talk to the best New York wrongful termination lawyer to determine whether your employment has been ended lawfully or not. You should know, however, that terminating an employee in New York happens very often because this is an employment-at-will state, which means that the employer can easily lay you off.But, that doesn't mean that any termination for cause in New York is lawful. After all,...
If you have faced illness and needed to take some time out of work, then you are likely familiar with the Family and Medical Leave Act (FMLA) by now. Nothing is easy during times when life-altering illnesses strike, hence the US laws provide protection. In most cases, this means that your employer cannot ask you to perform anything during the leave or reinstate you to a lesser position due to the absence. Do You Need an Employment Attorney? If you need legal help with something h...
You may have considered cyberbullying to be only a teenage problem, but it is not. People of all ages from all around the world suffer from cyberbullying. Since a whole lot of our lives has moved to the online world, so has bullying.Cyberbullying is bullying that occurs through electronic devices, including smartphones, tablets, computers, and others. It may involve harassment on social media, through email, SMS or messaging platforms, or any other place online. As long as it is bullying and is ...
Have you or a loved one been discriminated against based on the color of your skin in New York? If so, it is time to speak up and fight for your rights! The days when unfair treatment based on such irrational criteria have to end once and for all. Our country has laws that protect you from color discrimination as well as institutions that enforce these laws. But before reaching out to them, you should consult a New York color discrimination lawyer to help you determine if your case meets th...
Disabled persons belong in the workforce too. Federal and State laws grant them the same rights and privileges the non-disabled workers have and, on some occasions, enhance these privileges in order to level the playing field for disabled and non-disabled employees. Yet, some employers and coworkers do not respect disabled workers and even discriminate against them.Many disabled workers cannot recognize the discrimination they may be experiencing. That’s why we created this article - to present ...
Can an employee be terminated while on medical leave? Can you be fired while collecting short-term disability benefits? Can you lose your job for being sick?Do You Need an Employment Attorney?If you need legal help with something happening in your workplace, set up a FREE consultation today.CONTACT US NOWAt the Law Office of Yuriy Moshes, P.C., our experienced attorneys can help you navigate complicated employment laws to figure out if you were unlawfully terminated.New York State employers must...
In many workplaces, there's a common tendency for people to prefer working with friends, leading to unintentional biases. This practice, though widespread, has detrimental effects, harming employee morale significantly. Do You Need an Employment Attorney? If you need legal help with something happening in your workplace, set up a FREE consultation today. CONTACT US NOW After reading the article you will have a deep understanding of: Favoritism in the workplace Legality of favoritism at work ...
For many years, there was a split of authority in the Second Circuit as to whether an employee who was wrongfully denied minimum wage and/or overtime compensation could collect liquidated damages in New York under two laws – the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) – for the same misconduct. It’s important to speak with a labor law attorney NYC to properly assess and determine all of your legal rights. Do You Need an Employment Attorney? If you ne...
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