Blog Posts in May, 2018

Supreme Court Rules Employers May Compel Employees to Surrender Class Action Rights

There are many employment law situations in which it may benefit workers to band together and pursue joint legal action. For instance, if an employer routinely fails to pay overtime–in violation of the Fair Labor Standards Act (FLSA) and New York State law–the affected employees could file a class action to recover damages. A class action is a special kind of legal proceeding where multiple ...

Can I be Fired by the City for Expressing My Political Views?

The First Amendment to the U.S. Constitution says that “Congress shall make no law…abridging the freedom of speech.” This means the government cannot retaliate against you for criticizing a policy or elected official. What if you happen to work for the government? Can your supervisor discipline or fire you for criticizing city policy, even if you do so in your off-hours? The answer to this ...

Is it Against the Law for Supervisors to Openly Mock My Disability at Work?

As a general rule, laws protecting workers against employment discrimination include harassment or other “adverse employment actions” designed to discourage someone from exercising their legal rights. For example, a supervisor cannot bully, ridicule, or threaten an employee who requires medical leave to care for a documented disability. Indeed, the Family and Medical Leave Act (FMLA) expressly ...

Does Buying a Business Mean You Also Acquire its Liability for Employment Discrimination?

Businesses frequently change hands. Smaller companies may merge into larger ones. Owners may decide it is time to retire and turn the business over to the next generation. Whatever the cause, when a business is transferred, it may affect pending employment discrimination arising from the conduct of the prior owners. If you are a worker who finds yourself in this type of situation, your first ...

New York City Adopts New Measures to "Stop Sexual Harassment"

The New York City Council recently passed a package of new laws designed to address the prevalence of sexual harassment and hostile work environment complaints throughout the city. Known collectively as the “Stop Sexual Harassment in NYC Act,” the new legislation significantly expands the scope of private employers subject to the New York City Human Rights Law (NYCHRL) and directs all employers to ...

Is it Against the Law for My Boss to Replace Me With a Younger Woman?

Sex discrimination is usually presented in the context of a woman passed over for a job or promotion in favor of a less-qualified man. But what about cases in which a woman is replaced by a less-qualified woman? Can you establish a claim for sex discrimination in such scenarios? Judge: Town May Have Committed Age Discrimination, but Not Sex Discrimination A federal judge on Long Island recently ...

U.S. Department of Labor Launches Pilot Program to Encourage Self-Reporting of Wage Hour Violations

The Fair Labor Standards Act (FLSA) protects the right of all qualified employees to receive minimum wage and overtime pay from their employers. If an employer fails to meet its legal obligations, the employee has the right to bring a civil lawsuit to recover back pay and additional damages. A recent proposal by the U.S. Department of Labor may allow some New York employers to avoid litigation if ...

How Long do I Have to File an Employment Discrimination Lawsuit?

Timing matters when it comes to employment discrimination claims. Federal and state laws impose strict deadlines for employees who may be the victims of discrimination or retaliation to file a complaint or bring a formal lawsuit. If the employee fails to comply with these deadlines, even inadvertently, a judge may dismiss the case without reaching the merits. Court Bars Lawsuit Based on Previously ...

New York Extends Sexual Harassment Protections to Non-Employee Contractors

In response to the growing #MeToo movement against workplace sexual harassment , New York legislators recently expanded the protections of the state's human rights law to cover individuals who are not legally classified as employees. Specifically, the recently adopted state budget includes language that provides that an employer is liable if it permits, or allows of any its agents to permit, the ...

Brooklyn Jury Orders Company to Pay $5.1 Million in Religious Discrimination Case

Many New York employers choose to implement programs designed to foster a healthier and more productive working environment. Employers must be careful not to use such programs to try and force certain spiritual beliefs or religious-style rituals on their employees. This may cross the line into unacceptable religious discrimination , especially if an employee is disciplined or terminated for ...

Can I File an Employment Discrimination Lawsuit as a "Jane Doe"?

The major barrier to many New Yorkers filing an employment discrimination lawsuit is fear of public exposure or retaliation. Some people are simply embarrassed to come forward with their stories of sexual harassment or other workplace abuse. In many cases, employees are worried they will lose their jobs for exercising their legal rights. The 10 Factors New York Courts Examine When Considering ...