Blog Posts in February, 2018

Does Union Arbitration Prevent Me From Suing My Employer for Discrimination?

If you belong to a labor union, your collective bargaining agreement may provide for mandatory arbitration for any disputes arising under the contract. Such arbitration provisions do not necessarily cover violations of your statutory rights under federal and state employment laws , such as the legal prohibitions against discrimination based on your age, race, or disability. You may still be able ...

How do I Know I am Being Paid the Minimum Wage?

The minimum wage is based on the total pay you receive in a given workweek. In other words, as long as your average pay rate for the hours you worked equals or exceeds the applicable New York State minimum wage, your employer is in compliance with the law. If your average pay falls below the minimum wage or your employer does not pay you overtime when you worked more than 40 hours in a given week, ...

Can My Employer Use a Disciplinary Hearing to Justify Discrimination?

Employment discrimination cases may involve multiple levels of judicial and quasi-judicial proceedings. As a general rule, once a discrimination claim has been fully and fairly litigated in one court or forum, it cannot be re-litigated in the future. In legal parlance this is known as “collateral estoppel.” Judge Rejects Board of Education's Efforts to Toss Gay Teacher's Lawsuit Not every ...

NY Attorney General Sues Weinstein Company for "Pattern" of Sexual Harassment

Unless you have avoided all major news outlets during the past several months, you are no doubt aware of the legal firestorm engulfing The Weinstein Company (TWC), the New York-based independent film studio. Harvey Weinstein, TWC's co-founder and former co-CEO, was forced out of his management role in the wake of an October 2017 New York Times report that presented accusations from dozens of ...

Why You Need to Exercise Caution Before Signing a "Severance Letter"

Many New Yorkers have a poor grasp of how employment laws work in the real world. Although you probably know that you have certain rights with respect to compensation–e.g., you must be paid a certain minimum wage, you must receive overtime if you work more than 40 hours per week, et cetera–you may not realize just how easy it is to sign away those rights without realizing it. Employers are often ...

Employment Attorney Mahir Nisar to Attend United Nations Event for Gender Equality

New York employment lawyer Mahir Nisar is set to attend the 62 nd session of the Commission on the Status of Women. Attorney Nisar was nominated and selected by the Muslim Bar Association of New York to attend the event on their behalf. The United Nations will be hosting this event at their headquarters in New York from March 12 th through the 23 rd . As a partner at White, Nisar & Hilferty, LLP., ...

Trump Administration Clarifies Law Regarding Classification of Unpaid Interns

As a general rule, the federal Fair Labor Standards Act (FLSA) requires all for-profit employers to pay minimum wage and overtime compensation to their employees. Many employers get around these requirements by classifying some of their workforce as unpaid interns. Such individuals frequently work for no pay in exchange for college credit or other intangible benefits. Whether or not unpaid interns ...

Does Filing a Lawsuit Make Me Mentally Unfit to Hold a Job?

Many New York employers may try to justify illegal job discrimination on the grounds that a job applicant is physically or mentally unfit for the position. While some types of medical testing may be permissible depending on the nature and requirements of a given job, when an employer uses such tests as a cover for discriminatory motives–e.g., not hiring someone because they are African-American, ...

NYC Agrees to Delay Enforcement of Employee Contributions Law

Fast food workers typically work long hours for little pay. They are also often at the mercy of employers who force them to work additional shifts with little or no notice. To help remedy this situation, the New York City Council adopted a number of measures last year designed to strengthen the employment rights of fast food workers. This included at least one controversial provision that has been ...

Sexual Harassment is a Major Problem for New York's “Gig Economy” Workers

The so-called gig economy has been a boon to many New Yorkers who have chosen to forego traditional employment in favor of more flexible working arrangements. Freelancing and self-employment also carry certain legal risks. For one thing, a freelancer does not have the same protections as traditional employees under federal and state employment discrimination laws. Survey: 54% of Freelance Women ...