Legal Question in Employment Law in New York

Re: Need help for a ''Permatemp'' Issue

The answer to your question depends, at minimum, upon certain additional facts. For example, the law is fairly clear, say, in California that the "promotion" of an hourly employee to a managerial position can run afoul of California labor law where the employee really is not acting in a managerial capacity and that, in fact, the promotion was to avoid overtime pay. (I'm not licensed in California -- only NY, NJ & IL -- but I know of these cases.)

Likewise, the use of temporary employees when, in fact, they are performing exactly as permanent employees may run afoul of NY law. A question arises as to whether you and your colleagues are performing the exact functions -- including the exact hours worked -- as your "employee" counterparts. Are there any differences between the permanent temps and the full-time employees?

If not, a check of NY labor and other laws may provide an answer as to whether you and your colleagues would have a claim. If so, I would recommend pursuing the litigation as a class action. As you can see from our web site -- http://ashmangriffin.lawoffice.com -- my firm practices in the class action field.

-- Kenneth J. Ashman; Ashman & Griffin, LLC; [email protected]