Is it an “Abuse of Process” to Sue My Employer for Back Pay? Unless an employee meets certain exemptions defined by law, he or she is entitled to overtime pay if they work more than 40 hours in a given workweek. This is a pretty straightforward legal principle, yet far
If you are the victim of employment discrimination, you have multiple possible options for seeking justice. Depending on the facts of your case, you may be able to seek relief by filing a complaint with a state or city agency, by filing a lawsuit directly against the discriminating business in
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
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
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
New York State and New York City both provide legal protections for workers that meet–and often exceed–the provisions of federal civil rights law. In order to take advantage of state and city laws, you must demonstrate that the New York courts have “subject matter jurisdiction” over your claim. Among other
Overtime and wage hour violations are governed by both federal and state law. This has led to some confusion as to the types of damages an employee can seek against an employer. This past April we discussed a decision by the U.S. Second Circuit Court of Appeals here in New York, Rana v. Islam,
Many New York employees are subject to arbitration agreements. This means that if they are victims of employment discrimination or any other illegal act arising from their employment, their claim will be heard by an arbitrator instead of a judge. Although arbitration is often criticized as unfairly weighted in favor of employers,
Online forums and social media services are filled with people making vulgar, misogynist, and racist comments, but such comments have no place in New York’s workplaces. If a supervisor consistently uses such derogatory language toward employees, it can and will be treated by regulators and the courts as a form
Disability discrimination is not strictly limited to employment. The Americans with Disabilities (ADA) guarantees access to a wide range of “goods, services, facilities, privileges, advantages, or accommodations.” This includes educational programs, which means colleges and universities must engage in an “interactive process” with disabled students who request a reasonable accommodation for their
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