New York employers are required to pay overtime to most workers, but there is an important exception for executive and administrative employees–i.e., workers who primarily work in an office or supervise other employees. Under the Fair Labor Standards Act, such employees are exempt from overtime requirements if they are paid a salary
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
Overtime and wage-hour violations are rampant throughout New York’s restaurant industry. Many restaurant workers are deliberately kept in the dark about their minimum wage and overtime rights. While the law does afford restaurant owners a certain degree of flexibility to credit server tips against the minimum wage, that is not a
On November 1, Google employees located in New York City and throughout the country staged a massive walkout to protest the company’s handling of sexual harassment complaints. According to the New York Times, the unprecedented protest came after the newspaper reported that Google “had paid millions of dollars in exit packages to male
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 a
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 a
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