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Author Archives: Jay Butchko

Employment7

Undocumented Workers Have Employment Rights

By Mansell Law, LLC |

The U.S. Department of Homeland Security (DHS) estimates between 11 and 12 million undocumented immigrants are currently residing in the country, as of the most recent available data. Many undocumented immigrants work (despite, in theory, not being permitted to do so), and that they have employment rights protecting them from unfair or disparate treatment,… Read More »

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EmpContract3

Explaining New York Employment Contracts

By Mansell Law, LLC |

Most people who work a job in New York are classified as at-will employees, meaning that either the employer or the worker can terminate their relationship at any time, for (almost) any reason. There is, however, a small percentage of employees who work under contract, which gives them a different set of rights and… Read More »

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Layoff4

Was My Termination Wrongful?

By Mansell Law, LLC |

In the state of New York, a person may be let go from their job for almost any reason, under the theory of at-will employment. However, there are exceptions to at-will employment, and if you fall under one of those exceptions, you cannot be terminated without appropriate cause. It can be difficult to determine… Read More »

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Is My Work Environment Hostile?

By Mansell Law, LLC |

It is all too easy for anyone who may experience negative interactions at work to argue that their work environment has become hostile. However, a true “hostile work environment” must meet several specific criteria under both New York and federal law, and even if your current position fits that bill, it may not be… Read More »

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Misclassification

What Are My Options If I Suspect I’ve Been Misclassified?

By Mansell Law, LLC |

When someone accepts an offer of employment, they are then classified on their employer’s books as an employee. This means that they are entitled to certain guarantees and benefits, such as access to workers’ compensation insurance, minimum wage, and overtime pay. However, some unscrupulous employers misclassify their employees as independent contractors, ostensibly to save… Read More »

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How Do I Make An ADA Claim Against My Employer?

By Mansell Law, LLC |

While disabled workers are at least theoretically protected from discrimination in the workplace, in reality, many employers try to ignore federal and state laws like the Americans With Disabilities Act (ADA) for a variety of reasons. Some may try to disguise discriminatory intent behind facially neutral communication, while others do not even hide their… Read More »

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NonCompete

Are Non-Compete Agreements Legal In New York?

By Mansell Law, LLC |

In some industries, employees may be asked to sign what is known as a non-compete agreement, either upon their hiring or upon their departure. Non-competes, as they are referred to, came about to help companies protect trade secrets when employees departed, as without them, there was nothing to stop an employee from using those… Read More »

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LunchTime3

Are Meals And Short Breaks Required Under New York Law?

By Mansell Law, LLC |

The average worker usually labors under the impression that meal breaks and rest or smoke breaks are guaranteed by law. In reality, the federal Fair Labor Standards Act (FLSA) does not require employers to provide these amenities – though several New York state laws do mandate meal breaks. If you work a job in… Read More »

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ERISA2

Does ERISA Protect New York Employees?

By Mansell Law, LLC |

The Employee Retirement Income Security Act (ERISA) was passed in 1973, at the federal level. It was designed to establish minimum standards for private retirement and health plans (more specifically, voluntary plans, provided by employers even though no law makes them do so), ensuring that retired workers receive what they put in. However, sometimes,… Read More »

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ClassAction3

Class-Action Suit Claims Employees Were Not Paid On Time

By Mansell Law, LLC |

Some of the most common employment disputes involve payment – how much, for what, and when. In a lawsuit filed in early February 2022, a group of employees at Party City alleged that they were only paid bi-weekly, while New York law requires that workers must be paid weekly. While the facts of the… Read More »

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