Blog Posts in July, 2017

EEOC Accuses Manhattan Company of Firing Employee Following Cesarean Section

Pregnant women often face significant challenges in the workplace. Employment discrimination laws protect female employees from any kind of retaliation based on the fact they are pregnant or recently had a baby. For instance, the federal Pregnancy Discrimination Act (PDA) requires all New York employers to treat a female employee who is unable to work due to pregnancy-related complications the ...

Do Employment Discrimination Laws Protect Religious Ministers?

Employment discrimination laws are meant to broadly protect all kinds of employees. But there are some constitutional limits. For example, courts have recognized that someone fired from his or her role as a “minister” by a religious organization cannot bring an employment discrimination claim due to First Amendment concerns. NYC Rejects Sex Discrimination Lawsuit Filed by Ex-Catholic School ...

When are "Administrative" Employees Exempt From Overtime Requirements?

Under federal and New York State laws, most private employers are required to give their employees overtime pay if they work more than 40 hours during a seven-day workweek. There are a number of employees who are considered “exempt,” i.e. not entitled to overtime pay. The three principal categories of exempt workers are “executive,” “administrative,” and “professional” employees. Does an Executive ...

EEOC Sues NY Bank for Imposing "No Restrictions" Policy on Disabled Employees

Workplace discrimination is often masked by superficially non-discriminatory employment policies. The Americans With Disabilities Act (ADA) and New York State laws require employers to make “reasonable accommodation” for disabled employees. But some employers may try to circumvent these rules by adopting rigid, inflexible medical leave policies in an attempt to get rid of legally protected ...

New York Backs Extending Federal Law to LGBT Discrimination

Recently we discussed a pending lawsuit that may decide whether federal employment discrimination laws protect LGBT workers based on their sexual orientation. Title VII of the Civil Rights Act bans any form of discrimination in employment based on “sex.” But federal courts disagree as to whether “sex” automatically incorporates “sexual orientation.” The attorneys general of New York and two other ...

Trump Administration to Reconsider Overtime Eligibility Rules

Under the federal Fair Labor Standards Act (FLSA), employees must receive one and one-half times their normal rate of pay for any “overtime” hours, i.e. any hours they work in excess of 40 per week. However, not all employees are subject to this overtime pay requirement. For instance, the FLSA expressly exempts “executive, administrative, or professional” (EAP) employees. The FLSA does not ...

Can My Employer Credit My Tips Against the Minimum Wage?

New York wage hour laws can be difficult to understand, particularly when it comes to employees who rely on tips as a significant part of their income. Federal and state laws impose different sets of minimum wage guidelines on employers. Within New York State, there are different rules for employers in New York City, Long Island and Westchester, and the rest of the state. For example, a food ...

Uber Report Highlights Steps to Take in Addressing Employment Discrimination

Ride-hailing companies like Uber and Lyft have become a popular alternative to traditional taxicabs in New York City. Now the rest of New York can legally benefit from these services. In June, Gov. Andrew Cuomo signed legislation permitting ride-hailing companies to operate on Long Island and in upstate New York under strict new regulations. According to the New York Times , the state Department ...

Does the Law Protect My Job if Mental Illness Leads Me to Commit a Crime?

Many New Yorkers struggle with mental illness. Under the Americans With Disabilities Act and other employment discrimination laws, an employer cannot fire you because you suffer from a mental health condition. To the contrary, the ADA requires all employers to provide “reasonable accommodation” upon request so that you are able to do your job in spite of your condition. Judge Rules Stalking ...

What Creates a Hostile Work Environment?

Many employment discrimination claims are based on the existence of a “hostile work environment.” This refers to a pattern of harassment against the affected employee that prevents him or her from doing his or her job or in some cases is intentionally designed to force the employee to quit. A hostile work environment is more than conduct that an employee finds annoying. It must be directed against ...

Can an Employer Deny Sick Days to Non-English-Speaking Employees?

Low-wage and entry-level employees often face significant workplace discrimination , which is compounded by their inability to meaningfully assert their legal rights without risking retaliation. Some New York employers think it is okay to abuse their workers by treating them differently based on race, gender, or national origin. Such conduct is clearly prohibited by state and federal law, and ...

New York City Pays $1.3 Million to Settle Race Discrimination Charges

Too many New Yorkers continue to face institutional race discrimination in the workplace. This problem is not exclusive to private employers. Many state, city, and county agencies fail in their legal responsibility to treat all of their employees fairly, regardless of race or national origin. NYCDOT Supervisors Accused of Favoring White Employees For example, the U.S. Department of Justice ...