New York City Employment Law Blog

Man claims FMLA violation after being fired for requesting leave

On behalf of Fisher Taubenfeld LLP posted in Family Medical Leave Act on Thursday, December 6, 2018.

Soon after the birth of a child, parents want to have the time to bond with their new baby. Of course, parents often still have obligations they need to attend to, and as much as they would like, they may not have the ability to give every minute of their day to the child. However, under the Family and Medical Leave Act, parents could take time off of work in order to bond with their child. Unfortunately, some employers may not adhere to the FMLA.

New York readers may be interested in a lawsuit that was recently filed out of state. Reports indicated that a registered nurse claims that he was discriminated against and wrongfully terminated from his job after requesting leave under the FMLA. The man was hired by the hospital in 2015, and in 2018, he welcomed a child.

Employment discrimination case reaches settlement

On behalf of Fisher Taubenfeld LLP posted in Workplace Discrimination on Friday, November 30, 2018.

Most people go to work wanting to complete their tasks to the best of their abilities. Unfortunately, some circumstances may prevent them from putting their best efforts forward, and some of those issues could relate to facing employment discrimination. When workers face unfair treatment, their careers and their desires to perform well may be negatively affected.

New York readers may be interested in a discrimination case that took place in another state. Reports indicated that a man who was described as African-American and Sicilian faced unfair treatment while working as a sheriff's deputy. The worker stated that he missed out on assignments and faced harassment due to his race and had to contend with co-workers using racial slurs. It was also reported that a stuffed panda toy had been hung from the ceiling by rope, and another deputy stated that the toy represented the man due to being half-black and half-white.

Google makes changes to sexual harassment policies after walkout

On behalf of Fisher Taubenfeld LLP posted in Sexual Harassment on Friday, November 23, 2018.

It is not unusual for people to take drastic action in hopes of seeing changes take place. Employees may go on strike, file lawsuits and take other steps in hopes of seeing changes to toxic work environments. In particular, sexual harassment has become more of a focus as workers fight for change in hopes of ending this mistreatment on the job.

New York readers may be interested in a recent report indicating that Google plans to make internal changes regarding sexual harassment policies after company employees all over the world walked out of their jobs as a form of protest. The walkout took place after it was reported that allegations of sexual harassment had been taking place for years and that accused executives were receiving significant severance packages. After the walkout, the company's CEO stated that the company was sorry for not getting "everything right" and that changes need to be made.

Disclosing your disability during the hiring process

On behalf of Fisher Taubenfeld LLP on Monday, November 19, 2018.

If you have a disability, the thought of going on a job search may be overwhelming. Whether your disability is hidden or visible, it is something you may have to address and deal with during or after your interview process. The question you may have is when to disclose to a potential employer that you have a disability. On the other hand, perhaps you do not need to reveal your challenges at all.

You may have the appropriate education, training and experience, but some New York employers will only see your disability. The last thing you want is for your dream job to slip away because an employer discriminates against you due to misunderstandings about your condition. It is important to know your rights so you can take action if a potential employer violates them during or after the hiring process.

Wage theft, other violations impact several restaurant workers

On behalf of Fisher Taubenfeld LLP posted in Wage Theft on Thursday, November 15, 2018.

Workers often face a number of difficult situations at their places of employment. Some of those issues may involve customers, co-workers or management. In cases where management is involved, employees may suffer due to mistreatment and violations of their rights. In particular, wage theft is a serious problem that affects numerous workers.

New York readers may be interested in a wage theft case currently underway in another state. Reports indicated that nine current and former workers of a restaurant filed a legal complaint alleging that their employers did not properly compensate them for their hours worked. Many of the workers carried out serving duties and should have received tipped wages. However, management split the tips among themselves as well as kitchen staff, who were not eligible for tips. As a result, the servers did not receive the proper minimum wage.

Employers violate FMLA, worker suffers

On behalf of Fisher Taubenfeld LLP posted in Family Medical Leave Act on Monday, November 12, 2018.

Having any type of medical condition can make life more difficult in various ways. In some cases, conditions could result in individuals needing frequent medical attention and time off of work. Often, the Family and Medical Leave Act can allow qualifying workers to take leave without putting their jobs at risk. Unfortunately, some employers may violate the rights of workers covered under FMLA.

New York readers may take interest in a recent lawsuit that was filed in another state regarding such violations. Reports stated that a man had worked for an oil and gas company for four years and that he also has a medical condition known as narcolepsy, which means his sleep cycles differ from those without the condition. After starting a new treatment for his condition, the man had a difficult time adjusting his schedule and working through the effects of his condition.

Settlement reached in New York employment discrimination case

On behalf of Fisher Taubenfeld LLP posted in Workplace Discrimination on Friday, November 2, 2018.

Needing certain accommodations affects many people with disabilities or other conditions. When workers need extra help to complete their jobs or need time away from work to address medical issues, their employers should assess the situation and grant reasonable accommodation requests. However, not every employer takes proper action in these situations, and individuals could face employment discrimination.

It was recently reported that a class action lawsuit in New York regarding pregnancy and disability discrimination recently came to a settlement. According to reports, a nursing home company will pay $465,000 to an undisclosed number of workers who faced discrimination from the company. The settlement also states that the company has agreed to address its leave of absence, attendance and discipline policies to coincide with the Americans with Disabilities Act.

Legal action sometimes needed after employment discrimination

On behalf of Fisher Taubenfeld LLP posted in Workplace Discrimination on Tuesday, October 30, 2018.

While many New York residents may not completely enjoy their jobs, they likely still feel that they can get through their work-related duties in relative peace. Unfortunately, that may not be the case for a number other workers. Some individuals can face employment discrimination that can make their workdays dreadful.

One worker in another state had to contend with such mistreatment. According to reports, the individual worked for a contractor and had been promoted to a backhoe operator. While on the job, a foreman used a racial slur multiple times. The backhoe operator -- who is black -- complained to the employer about the foreman's actions. However, the foreman was not disciplined in relation to the situation, and instead, the employee was demoted to pick-and-shovel work.

Is there a specific procedure for requesting work accommodations?

On behalf of Fisher Taubenfeld LLP on Wednesday, October 24, 2018.

As an employee of a New York business, you have certain rights. As an employee with a disability, you also have certain protections. You may have been born with a condition that makes some tasks more difficult for you to complete than able-bodied individuals, or you could have suffered permanent injury from an accident or illness. No matter the case, you still consider yourself able to hold a job and effectively carry out the necessary duties.

Still, as someone with a disability, you may need additional help completing certain tasks or need special equipment to accommodate a wheelchair. Under the Americans with Disabilities Act, you have the ability to request reasonable accommodation from your employer. In these cases, "reasonable" typically means that granting your request would not unnecessarily hinder work operations as a whole.

New York employers need to stay updated on sexual harassment laws

On behalf of Fisher Taubenfeld LLP posted in Sexual Harassment on Friday, October 19, 2018.

Employers have important responsibilities when it comes to protecting their employees. These responsibilities can include providing necessary safety equipment and ensuring a hospitable work environment. When policies and procedures regarding sexual harassment in the workplace are not in accordance with the law, a considerable number of troubles could result.

New York employers should remain in compliance with a number of laws and regulations when it comes to sexual harassment in the workplace. Many of these laws have only recently come into effect or are about to be implemented. Policies that went into effect immediately included added protections for individuals not classified as employees, such as contractors, consultants and vendors. Employers cannot allow sexual harassment against employees or these non-employees in the workplace.