As one of the most diverse cities in the world, New York City has adopted its own local laws designed to combat problems such as race and nationality discrimination. The New York City Human Rights Law (NYCHRL) offers similar–yet in many cases broader–protections against employment discrimination than either federal or state
There are many situations in which a claim for employment discrimination or overtime and wage hour violations are subject to a binding arbitration agreement. Many employees are asked to sign such agreements as a condition of employment. Even employees who do not directly sign an arbitration agreement may still be bound by one if
New York education law provides certain legal protections for tenured public school teachers. A teacher can only be fired or disciplined after a Section 3020-a administrative hearing. These hearings do not follow the same evidentiary and procedural rules as civil trials in state or federal court. Yet the decisions of a 3020-a
The Fair Labor Standards Act (FLSA) establishes the basic overtime and wage hour rules for employees throughout the country. A key part of these rules deals with which employees are “exempt” from the normal minimum wage and overtime pay requirements. For example, individuals employed in “executive, administrative, or professional” (EAP) roles may
Many people attempt to deal with an employment discrimination without first consulting a qualified attorney. This is often a mistake for several reasons. For one thing, there is a specific legal process employees must follow when pursuing a discrimination charge. If the worker fails to understand this process, it can doom the
Disability discrimination occurs whenever an employee is the victim of an “adverse employment action” related to his or her impairment. An adverse action is not limited to cases in which the employee is hired, or even when a job applicant is not hired. If a manager transfers an employee to
All New York employers must be mindful of their legal duty to avoid engaging in any acts that may qualify as disability or pregnancy discrimination. Not only can the affected employees sue the employer privately for monetary damages, but government regulators charged with enforcing employment laws can take separate action, which may result
If you work on a public works project–that is, a construction project for a state or local government–you may be covered by New York’s prevailing wage law. The prevailing wage is a complex schedule of wage hour rules that specify how different skilled tradespeople must be paid for their labor. Prevailing wages
There are, broadly speaking, two major types of illegal sexual harassment. The first involves actions that create a “hostile work environment” that targets an employee, or group of employees, based on their sex. The second is commonly referred to as “quid pro quo” harassment. This is often the more direct form
If you plan to pursue a legal claim against your current or former employer for an overtime and wage hour violation, it is critical to get your facts straight. Many employers do not keep complete records of how much they pay their workers, despite the fact that they are required to
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