Phillips & Associates

Newsletters

Who is Owed Overtime? - October 2020

In New York, unless exempt, any employee who is working overtime must be paid at one and one-half times their normal hourly rate for those hours. Overtime is considered any hours worked over 40 hours during a payroll week. It is not hours worked over 8 hours in one specific day. So, working on the weekend, or working one very long day, does not automatically put you in line for overtime. Read More...

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What Does Discrimination Look Like When Working From Home? - September 2020

If there’s anything the coronavirus pandemic has underscored, it’s the importance of workplace flexibility. Companies that already had good work-from-home systems in place, or flex-time, were able to work around employees who were required to quarantine with minimal loss of productivity. Others struggled to make the change, or were simply unable to adapt due to the type of business. Read More...

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Where is the #MeToo Movement Now? - August 2020

The #MeToo movement started in 2006, but wasn’t really popularized until 2017, after the sexual abuse allegations against Harvey Weinstein sparked women to step forward. Many women then began to use the hashtag, on social media, to share their stories of sexual abuse and harassment in the workplace. Read More...

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Harassment and Non-Disclosure Agreements - July 2020

Harassment is not limited only to sexual harassment. But the recent #MeToo movement and high-profile lawsuits against personalities such as Bill Cosby and Harvey Weinstein have brought that type of harassment to the forefront of national attention. Often, the women involved in these cases had signed non-disclosure agreements (NDAs), preventing them from speaking about the case or situation. Read More...

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Reasonable Religious Accommodations - June 2020

Employers are not allowed to use religion as a factor when making a hiring decision, with some exceptions such as hiring church pastors (where the employee’s religion is central to his or her job performance). They are also not allowed to discriminate against an employee due to the person’s religion. Read More...

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What Does Pregnancy Discrimination Look Like? - May 2020

One common human condition that disproportionately affects women is pregnancy and pregnancy discrimination. The Civil Rights Act and the Pregnancy Discrimination Act prohibit discrimination by employers on the basis of pregnancy, childbirth, and related medical conditions. These federal-level laws apply to employers with 15 or more employees. Read More...

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Coronavirus Termination & Harassment - April 2020

The new global pandemic, caused by the Covid-19 virus, has upended life as we know if for so many workers in a wide variety of industries. It no longer matters how good you were at your job or how stable you think your company is if it is one of the industries that is being asked to shut down or limit services. Read More...

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Criminal History Discrimination - March 2020

In the state of New York, there are a number of different protected classes of employees. Federal law prohibits discrimination against employees based on broad categories like gender, race, sexual harassment, and religion. But law is only if the employer has 15 employees or more. Read More...

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What Does the EEOC do? - February 2020

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal workplace discrimination laws. These laws prevent employers with 15 or more employees from discriminating based on a variety of protected categories such as race, religion, pregnancy status, age, or disability. Note that the Age Discrimination in Employment Act (ADEA) only applies to employers with 20 or more employees. Read More...

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Stronger Anti-Harassment Laws in New York to Protect Workers - January 2020

In August, New York Governor Andrew Cuomo signed into law Senate Bill 506577 / Assembly Bill A8421, legislation aimed at providing stronger anti-harassment protections to the state’s workers. Specifically, the bill increases the liability a business faces when dealing with harassment and discrimination claims. Portions of the new law are already in effect and other portions take effect over the next few years. Read More...

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What is 'At Will' Employment? - December 2019

New York is an “at will” employment state. This means that, with a few exceptions, all employees work at the will of their employer. Therefore, a business can choose to fire or terminate an employee at any time for any reason or even for no reason, even if this termination seems unfair to the employee. The employer does not have to show “just cause” for the termination. Read More...

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Is Bullying Illegal? - November 2019

While you may no longer be on a campus, where New York state laws make bullying and cyberbullying illegal, but that doesn’t mean everyone has grown up and bullying is no longer an issue. Indeed, workplace bullying can be just as prevalent, and harmful, as school ground problems. Read More...

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Top 3 Things to Know Before Complaining of Discrimination at Work - October 2019

Discrimination in the workplace is illegal in New York and we actively encourage employees to point out and bring up instances of discrimination, both within their workplace, to the relevant authorities, and even to an experienced employment lawyer. Read More...

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What Laws Protect Employees Against Discrimination? - September 2019

Employment discrimination is something our country has been working to eliminate for, almost since our founding when the Fifth Amendment was written stating that the government could not deprive an individual of their "life, liberty, or pursuit of happiness." The federal government has continued to expand on this theme, particularly in an employment context. Read More...

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Understanding Paid Family Leave - August 2019

The State of New York has one of the strongest paid family leave policies in the nation, which means that employees get to take advantage of both federal protections as well as increased state-level policies. Read More...

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Recent Amendments to the New York State Human Rights Law Afford Greater Protection from Sexual Harassment and Discrimination - July 2019

Often, when people are subjected to discrimination or sexual harassment at work, they are fearful of losing their jobs and uncertain about which steps to take to prevent such adverse acts. Fortunately, New York employees are protected from harassment and discrimination under state and federal laws. Read More...


Is Workplace Harassment Illegal? - June 2019

There is no question that workplace harassment is illegal, and you should not be subjected to harassment while you are trying to work. However, how do you define harassment? Is a co-worker telling an off-color joke harassment? What about when an over-excited boss starts giving out hugs? Read More...


Understanding Wrongful Termination - April 2019

New York is an at-will employment state, meaning that businesses can hire and fire employees as they need them. They can fire someone because staffing needs have changed or for no reason at all. Wrongful termination in New York occurs when your employer fires you, not for a legitimate reason, but for a (usually) underlying discriminatory reason. Read More...

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Client Reviews
★★★★★
Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
★★★★★
Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
★★★★★
I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman and Eugenio Benvenuto. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen