Blog Posts in June, 2017

Is a Partner an "Employee" for Purposes of Discrimination Laws?

There are many New York and federal laws designed to protect employees against various types of discrimination . All of these laws are predicated on the fact that an employer-employee relationship exists in the first place. There are many cases where it is not obvious that a plaintiff is, in fact, an employee (or former employee) of the defendant. The Supreme Court's Six Factors This often comes ...

When is an Employee's Disability Protected Under the Law?

The Americans With Disabilities Act (ADA) is a federal law that protects employees from job discrimination based on their disability. Not all medical conditions constitute a “disability” under the ADA. According to the U.S. Equal Employment Opportunity Commission, a disability is a “physical or mental condition that substantially limits a major life activity.” A “major life activity,” in turn, ...

Can I Sue My Employer for Refusing to Promote Me Due to My Age or National Origin?

Employment discrimination occurs when an employer denies a promotion to an existing employee based on protected characteristics such as age or national origin. In other words, an employer may not favor younger workers when deciding who to promote or take a person's ancestry or perceived ancestry into account. Under federal law, an employee may sue for “failure to promote” if he or she can present ...

Can My Employer Discipline Me for Taking Family or Medical Leave?

Everyone needs time off from work sometimes due to a medical or family emergency. The federal Family and Medical Leave Act (FMLA) requires New York employers with at least 50 employees to offer up to 12 weeks of unpaid leave per year to deal with a “serious health condition” or care for a new child. New York plans to go further: Starting in 2018, state law will require employers to give employees ...

Can My Employer Take Back My Promotion Because I am Pregnant?

Women are often at a disadvantage in the workplace when they become pregnant. A new baby is supposed to be a source of joy rather than job-related anxiety. While federal and New York laws clearly prohibit pregnancy discrimination , many employers continue to illegally withhold job offers or promotions because a female employee is expecting. New York EEOC Obtains $118,000 Judgment Over Pregnancy ...

New York City Bans Employers From Asking About Salary History

Employment discrimination is not always obvious. Few employers would openly refuse to hire a woman, for example, but they might pay a female employee less than a male employee in the same position. Closing the Gender Wage Gap According to many studies and government statistics, women earn about 80% as much as men in the workforce. This “gender wage gap” is due to a number of factors, including the ...

How Federal and New York Laws Protect Transgender Employees

In recent years New York has taken steps to extend employee protections against sex discrimination and sexual harassment to include transgender workers. In 2015, Gov. Andrew Cuomo announced new statewide regulations that added “gender identity” to the list of protected classes under New York Human Rights Law. Under these rules, “[d]iscrimination on the basis of gender identity is sex ...

Can a New York Employer Discriminate Against Me Based on a "Perceived" Disability?

Disability discrimination laws protect individuals from unfavorable employment action based solely on a physical or mental impairment. Not every disability is protected under law. What about a situation in which an employer incorrectly assumes an employee has a protected disability and fires him or her? Put another way, can employees sue for disability discrimination when they do not have actual ...

Do New York Hospitality Employers Have to Reimburse Employees for Laundering Their Own Uniforms?

New York State imposes special overtime and wage regulations on the hospitality industry, i.e. restaurants and hotels. This includes not only minimum wage rates, but also rules for crediting employee tips, meals allowances, and even requiring additional pay related to employee uniforms. Under New York State Department of Labor regulations, if a hospitality employer “does not maintain required ...

Federal Court to Reconsider Whether "Sex Discrimination" Applies to LGBT Employees

Federal civil rights law prohibits employment discrimination based on “sex.” In recent years, the federal government and the courts have struggled with the question of whether “sex” broadly includes sexual orientation. In other words, is it sex discrimination to fire individuals because they are gay, bisexual, or transgender? Historically, federal appeals courts have held that discrimination based ...

Can I Be Fired for Reporting My Employer's Illegal Actions?

It is against the law in New York for an employer to fire you because you disclose evidence that the employer is engaged in illegal activity. This is a form of wrongful termination . If you are a “whistleblower” exposing any violation of the law that “creates and presents a substantial and specific danger to the public health or safety,” you are protected under New York Labor Law from employer ...

Can a New York Employer Refuse to Hire Me if I Have a Criminal Record?

New York is one of only a few states that prohibit employment discrimination based on a person's criminal record. Specifically, section 296 of New York State Human Rights Law makes it unlawful to deny employment to people solely because they have been “convicted of one or more criminal offenses,” nor can an employer rely on a criminal conviction as evidence that a job applicant lacks “good moral ...

New York Officials Move to Restrict Non-Compete Clauses in Employment Contracts

There is a long history of companies using non-compete clauses in certain types of employment agreements. Typically such agreements were used to protect key employees with special skills or knowledge of a company's trade secrets. In recent years, some New York employers have broadly expanded the use of non-compete agreements to cover many unskilled and semi-skilled workers. AG Acts to Protect ...

New York City Freelance Worker Law Takes Effect

Wage hour cases are an everyday occurrence in New York. An employer fails to pay the agreed-upon wage or legally mandated overtime, and the employee sues to enforce his or her rights under the law. What about freelance workers who are not technically classified as “employees”? What rights do they have when a business fails to pay them on time? What Does the Law Require? Last year, New York City ...

Beware the Dangers of Arbitration Clauses in Employment Contracts

It is always critical to read any employment agreement before signing it. While you might dismiss employment contracts as boilerplate legal jargon, such documents often contain language that affects your substantive legal rights. Employers know they are in a superior bargaining position, so they often draft employment agreements that are stacked against the employee. NY Judge Enforces Agreement ...

How Does the Law Protect Military Veterans From Job Discrimination?

Employment discrimination is not always about an immutable characteristic like race or sex. There are other classes of individuals protected from adverse employment actions, including members of our armed forces. The federal Uniformed Services Employment & Reemployment Rights Act (USERRA) bans employment discrimination based on a person's past or present military service. Among other things, this ...

Can My Employer Refuse to Promote Me If I Do Not Speak English Well?

Many people come to New York from other countries to live and work. It is against the law for any New York City or Long Island employer to refuse to hire someone based on his or her country of origin . Similarly, an employer cannot refuse to promote or otherwise discriminate against an existing employee based on where he or she comes from. Can Employers Have “English-Only” Rules in the Workplace? ...