New York City Employment Law Blog

How the Civil Rights Act of 1964 affects your religious beliefs

On behalf of Fisher Taubenfeld LLP on Saturday, February 16, 2019.

One of the most coveted freedoms Americans have is the freedom to exercise and enjoy any religion they see fit. This right is so important that people from other countries come to this country to escape religious persecution.

So, why do the people you work with feel as though they have the right to harass or discriminate against you because of your religion? After all, it's your right. In fact, Title VII of the Civil Rights Act of 1964 makes it illegal for your employer to allow religious discrimination and harassment to happen in the workplace.

Older man claims employment discrimination over job application

On behalf of Fisher Taubenfeld LLP posted in Workplace Discrimination on Thursday, February 7, 2019.

New York residents can find themselves needing a new job at any age. While finding employment may come easier for younger individuals who have not yet settled down, older people often have the qualities and experience that make for valuable workers. However, older parties could end up facing employment discrimination due to their ages.

Unfortunately, age discrimination is not unusual, and typically, even older job applicants may have valid claims if they are passed over for jobs. At least, that seemed to be the case until a recent ruling by an appeals court. According to a report, a man applied for a senior legal position with a company at the age of 58. Rather than hiring the man, the company went with a less experienced and younger applicant. As a result, the man moved forward with a lawsuit for age discrimination.

Police captain claims sexual harassment, lack of action by chief

On behalf of Fisher Taubenfeld LLP posted in Sexual Harassment on Friday, February 1, 2019.

Some workplace environments can allow individuals to feel as if they have a family in their co-workers and a home away from home. Unfortunately, many employees in various industries do not have such benefits. In fact, their work environments can be hostile, and they can face mistreatment from their co-workers, including in the form of sexual harassment.

New York readers may be interested in a lawsuit filed in another state by a female police captain who claims she was sexually harassed on the job. According to reports, a photograph of a nude woman was being circulated around the police department, and some individuals claimed that the photo was of the police captain, even though it was not her. The photo continued to be passed around, and derogatory comments were made about her.

U.S. Supreme Court upholds trucking contractor rights

On behalf of Fisher Taubenfeld LLP posted in Employee Rights on Wednesday, January 30, 2019.

While the U.S. Supreme Court has a long history of supporting big business, on January 15, 2019 interstate truck driver contractors received their support. In an 8-0 decision, interstate truck drivers were found to be exempt from the mandatory arbitration clause typically associated with contractors.

Employment discrimination can negatively affect mental health

On behalf of Fisher Taubenfeld LLP posted in Workplace Discrimination on Monday, January 28, 2019.

It is not unusual for people to have preconceived ideas about other individuals. They may think certain things about another person just because of that person's race, gender or other factors. When this type of mindset results in mistreatment at work, it could fall into the category of employment discrimination. If so, those workers who are negatively affected may have reason to take legal action.

New York readers may be interested in such a situation that affected a worker in another state. According to reports, a former employee for Blizzard Entertainment claims that he was mistreated and bullied on the job over the course of several months in 2016 by another employee. The man stated that a female employee would joke about his Mexican heritage and claim that he was naturally sexist because of that heritage.

New York's Paid Family Leave law provides added worker benefits

On behalf of Fisher Taubenfeld LLP posted in Family and Medical Leave Act (FMLA) on Friday, January 18, 2019.

Needing time off from work is something that almost every person needs now and then. You may be someone who needs extended time off due to a personal medical condition or in order to handle a close family member's care or for another reason covered under federal law. As a result, you may have relied on the Family and Medical Leave Act for that leave and for job protection.

Though the FMLA is certainly useful, the federal law has some coverage gaps that can sometimes hinder workers' ability to take needed leave. Because of that reason, New York state created its own state-level act call the Paid Family Leave Act, which went into effect in 2018.

New York state leads nation in returned pay for wage theft cases

On behalf of Fisher Taubenfeld LLP posted in Wage Theft on Wednesday, January 16, 2019.

Workers can face a range of negative repercussions if they do not receive the compensation they are owed for their services. Unfortunately, many people feel afraid to confront their employers over serious issues like wage theft due to potential retaliation, but violating wage and hour laws is illegal. Employers should be held accountable, and employees should understand their legal rights to address such wrongdoing.

It was recently reported that in the state of New York, more than 35,000 individuals received restitution for wage theft in 2018. Governor Andrew Cuomo indicated that the state will not tolerate wage theft and that employers who violate the law will face repercussions. The state has the highest total of returned wages in the country since the governor took office, and that total has reached more than $285 million to over 250,000 workers.

Examples of FMLA requirements

On behalf of Fisher Taubenfeld LLP posted in Family Medical Leave Act on Friday, January 11, 2019.

At some point in the course of their employment, many New York workers need time off from work. While sick days or vacation days may be able to cover some individuals' needs, others may have conditions or family members with conditions that result in a need for more time off. In many cases, the Family and Medical Leave Act, or FMLA, can help.

Though this leave can be useful, it only applies under certain circumstances. For instance, if a person has a serious health condition or if his or her family member has a serious health condition, leave under this act may apply. Additionally, some military deployments may qualify or if a person needs to care for a service member. Lastly, leave may be approved for parents who just had a child and need time to bond, whether that results from a birth, adoption or foster care.

Employment discrimination: Worker demoted, fired for disability

On behalf of Fisher Taubenfeld LLP posted in Workplace Discrimination on Monday, January 7, 2019.

Many people with disabilities often have the capabilities to hold jobs and to perform their jobs well. In addition to likely enjoying their work, they often need the income to help address expenses associated with their disabilities. As a result, when a worker faces employment discrimination due to a disability, his or her life could face several negative impacts.

New York readers may be interested in a lawsuit that an out-of-state woman recently filed, claiming disability discrimination. The woman began working for a respiratory service company in 2012, and she later developed multiple serious medical conditions. The woman's conditions apparently qualified her for leave under the Family and Medical Leave Act as well as a state-specific civil rights act. However, in 2017, the woman was demoted by her supervisor due to missing too much work.

Overtime pay violations mean workers lack proper compensation

On behalf of Fisher Taubenfeld LLP posted in Wage Theft on Thursday, December 27, 2018.

Some people do not particularly enjoy their jobs, but they do appreciate the income they are able to generate. Of course, many New York workers and those across the country often feel that their wages are in the hands of their employers. So even in cases where individuals fulfill their work hours or even work overtime, they may not receive the proper compensation if an employer is not forthright.

It was recently reported that nearly 70 workers were affected by wage violations in another state. Apparently, the individuals worked for Senor Tequila Inc., which operates restaurant establishments in various locations. According to complaints, workers who received tips were not properly paid for overtime hours, and they were not compensated for time worked before and after their shifts.