Blog Posts in April, 2018

EEOC: Demeaning Female Employees in Front of Co-Workers is Sexual Harassment

All New York employers need to take sexual harassment seriously. When an employee complains about harassing, abusive, or even simply inappropriate behavior, the employer needs to conduct a proper investigation and take any appropriate remedial steps. What the employer should never do is retaliate against the employee who filed the sexual harassment complaint. Nevada Company With NYC Offices ...

2nd Circuit Clarifies Liquidated Damages are Not "Cumulative" in Wage-Hour Cases

New York City is home to people from all over the world. Unfortunately, some of these people are here under less-than-ideal employment circumstances. Many foreign nationals are lured to the U.S. with the false promise of well-paying jobs, only to be forced to work in conditions akin to slavery. In response, Congress has passed tough anti-human trafficking laws. Victims may also be entitled to seek ...

Is Taking a 15-Minute Break Considered Medical "Leave" Under Federal Law?

The Family and Medical Leave Act is the federal law that allows certain employees to take up to 12 workweeks of leave to attend to a serious health condition, either their own or that of an immediate family member. FMLA leave is unpaid, however, meaning that the employer does not have to compensate the employee during any leave taken. To put it another way, if an employer refuses to compensate you ...

Can a Civil Servant be Fired for Sexual Harassment?

Section 75 hearings refer to the collectively bargained arbitration process that handles complaints against qualified New York City public employees. This includes adjudicating allegations of workplace misconduct such as sexual harassment . Although employees have certain due process rights in a Section 75 proceeding, they do not override the larger public policy objectives of identifying and ...

Does Favoring College Graduates in Hiring Constitute "Age Discrimination"?

Age discrimination is illegal when the victims are workers or job applicants ages 40 and over. It is important to distinguish illegal acts of age discrimination from employment policies that merely disfavor older workers in practice. Not every such policy is illegal. The burden is on the plaintiff making a claim to prove there was discriminatory intent behind the policy. Judge Rules Rejected FDIC ...

Does the Law Protect Me if I Speak Up on Behalf of a Co-Worker?

One of the basic principles of employment law is that an employer cannot retaliate against an employee who attempts to exercise his or her rights. For example, if you are entitled to overtime pay under the Fair Labor Standards Act, you cannot be fired or disciplined for raising the issue with your employer, or even filing a formal complaint or lawsuit. The employer can be held separately liable ...

Can an Employer Force Me to Undergo a Psychological Evaluation as Part of the Hiring Process?

Even when a worker successfully pursues an employment discrimination claim, that does not always mean the employer will refrain from further illegal acts. If such acts do occur, the employee may be entitled to bring a separate lawsuit to recover any additional damages they suffer. This includes both new, standalone acts of discrimination as well as retaliation against the employee arising from the ...

Is it Illegal for a Workplace Policy to Have a Disparate Impact on Female Employees?

Sex discrimination in the workplace may take the form of written policies that disparately impact male and female employees. For example, a policy that is seemingly neutral on its face but imposes a greater burden on women than men may be considered illegal discrimination, particularly if the employer punishes a female employee for failure to comply. Along similar lines, a policy that has the ...

Will New York City Give Workers the “Right to Disconnect”?

Smartphones and laptops allow us to work anywhere and anytime we choose. On the flip side, these devices also make it possible for your employer to contact you even when you are not working. One New York City council member recently proposed a change to local employment law that would give workers the “right to disconnect” from work-related electronic communications when they are officially off ...