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New York City Employment Law Blog

Mistreatment due to pregnancy may be employment discrimination

Some New York residents may not know that certain actions taken against them at their places of employment could be illegal. If individuals are treated differently based on certain factors, they could be the victims of employment discrimination. Unfortunately, these actions could take many forms, and individuals could be subjected to unfair treatment for a variety of reasons.

One woman in another state recently took legal action after suffering negative impacts to her job after becoming pregnant. Reports stated that the woman worked at a restaurant, and after she told her employer about expecting a child, she began to receive fewer hours to work, which negatively impacted her income. Additionally, after the woman gave birth, she was not allowed to return to her original position at the restaurant and was eventually dismissed entirely.

Misclassifying workers may constitute wage theft in New York

The wages that a person earns often allows them to live as comfortably as possible. Of course, many New York residents and other individuals across the country may feel as if their income is not at a level that they wish it to be. While this issue may simply come about due to having a lower-earning occupation, more serious problems may be at hand if employers are committing wage theft.

It was recently reported that numerous workers in another state have filed a complaint against their employer for such action. Apparently, individuals working at four different call centers operated by the same company believe that their jobs are being misclassified. As a result, they are not being paid the proper wages for the duties they are performing.

Sexual harassment causes feelings of betrayal, mental scars

When a New York worker is harassed in the workplace, the actions can go far beyond simply making a person feel uncomfortable. Sexual harassment in particular can cause parties to have physical repercussions, fear for their jobs and face lasting psychological problems as well. When it comes to the mental aspects of such harassment, many people may overlook such consequences.

Unfortunately, sexual harassment can easily lead to emotional and mental distress. The results could range from developing anxiety, whether in particular situations or in general, to severe post-traumatic stress. Additionally, these symptoms can not only last for years, but it may also take years for them to show up, especially if an individual attempts to repress the memory. As a result, a victim could easily suffer tremendously negative effects from experiencing sexual harassment.

Time's Up may help New York workers address sexual harassment

Though sexual misconduct allegations have been swarming through the media as of late, many of those stories focus considerably on the high-profile individuals involved. While it is true that many celebrities have come forward as victims and survivors of sexual harassment and assault that they have faced during their course of their work, they are not the only ones who have dealt with and still deal with such issues. Unfortunately, this problem remains prevalent in many industries.

New York residents may be interested in an off-shoot to the #MeToo movement. Many celebrity woman have come together in order to begin Time's Up, which is an effort to help individuals in blue-collar work industries obtain financial assistance for legal aid. Because many people in lower-paying jobs cannot afford legal help, they often simply continue to deal with sexual misconduct at work or leave their jobs.

What could your employer gain from misclassification?

When you started your new job, the owner of the company for which you began performing duties may have informed you that you would work as an independent contractor. You may have accepted this classification because you performed your duties at home and had the ability to set your own working hours. However, these aspects do not necessarily mean that an independent contractor classification is right for your situation.

Business owners and operators often misclassify their workers as independent contractors when they should actually fall into the employee category. This misclassification could occur for a number of reasons, but in many instances, employers could gain benefits from not categorizing their workers properly.

New York poll takers recognize sexual harassment to be an issue

Most people feel that landing their dream job is a cause for joy. Unfortunately, this joy can be short-lived if individuals find themselves facing a hostile work environment. This type of atmosphere can be created in a number of ways, and having to face sexual harassment can easily create an uncomfortable and hostile environment.

It was recently reported that a poll conducted with 824 individuals in New York looked at the topics of sexual harassment and racial relations in the workplace. According to the results, 25 percent of the participants indicated that they have been sexually harassed at work. The poll also indicates that the majority of individuals indicated that this type of harassment was a major issue in the workplace. A specific percentage was not provided for that answer.

Hugs and kisses: Is one sexual harassment while the other is not?

Most people understand that there are certain actions that are generally considered impolite or otherwise unacceptable. In some situations, unwanted actions may even constitute harassment. Though sexual harassment in the workplace is a prominent topic as of late, many individuals in New York and elsewhere have different definitions of what actions land in this category.

In a recent report, the results of a poll conducted regarding this particular topic showed some interesting results. Apparently, the 3,000 participants indicated a general consensus that certain actions were sexual harassment but showed less certain conclusions for other actions. For instance, most of the participants indicated that non-consensual kissing and intentional groping fell into the category of sexual harassment, but what about hugging?

US judicial system to review policies regarding sexual harassment

As numerous news stories have shown, no occupation is free from the potential of employees facing unwanted behaviors. Though most companies and places of employment have policies in place for dealing with sexual harassment, those policies may not be enough to protect workers. As a result, many individuals end up facing harassment on the job, which can have lasting impacts.

New York residents may find it interesting that even the U.S. court system is in line to review its sexual harassment policies and response practices. In recent news, a federal Circuit Court of Appeals judge sitting in another state retired from his position amid allegations of sexual harassment. These allegations came from over a dozen women who claim he groped them and showed them pornographic material.

Low-wage workers often face sexual harassment

When a serious issue begins garnering the attention it deserves, many people -- including New York residents -- may feel a sense of justice and accomplishment. Over the past several weeks, sexual harassment in the workplace has obtained copious amounts of attention. As a result, numerous alleged high-profile harassers and victims have seen a wave of changes in the entertainment industry. While this attention may allow for movement in a positive direction, what about individuals in low-wage situations?

Many individuals in low-wage jobs may not receive the same ready action to their complaints of harassment. One woman gave her account of being harassed and later raped by a supervisor while on the job. It took months for her to work up the courage to report the incident, and after she did, she was fired from her job.

Big changes are coming to New York's FMLA

In case you haven't heard, if you work for one of the many private employers in New York's boroughs, you could be paid at least a portion of your wages while you are out on family leave. Earlier in 2017, legislators passed a law that requires private employers (public employers have the option to opt in) to begin offering employees this opportunity beginning on Jan. 1, 2018.

Your employer must guarantee that you will have your job (or a comparable one) when you return from Paid Family Leave, and you can continue to make use of your health insurance. Of course, you will need to continue paying your portion of the premiums while you are not working. So, how does this new program work? Keep reading.

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