Fisher Taubenfeld LLPNew York Employment & Labor Law Attorney | Wrongful Termination Law2024-03-14T03:05:44Zhttps://www.fishertaubenfeld.com/feed/atom/WordPress/wp-content/uploads/sites/1301601/2020/01/apple-touch-icon-75x75.pngOn Behalf of Fisher Taubenfeld LLPhttps://www.fishertaubenfeld.com/?p=522042024-03-14T03:05:44Z2024-03-14T03:05:44ZWhen you hear about theft crimes on the news, it is usually the cliché type of crime that you would expect. For instance, maybe someone robbed the bank or stole a car or broke into a home in the neighborhood. These are all various types of theft, and they do happen, leading to hundreds of millions of dollars in losses every year.
However, some studies have looked into wage theft and determined that employers steal around $50 billion from their employees. Plus, this is an annual figure, so it is happening year after year. This makes it by far the most common and expensive type of theft in the United States. Employees all across the country have lost far more money to their own employers than to anyone breaking into their homes and taking their possessions.
Many types of wage theft
Part of the issue here is that there are many different types of wage theft. In some cases, employers and employees don’t even realize what is happening. Examples of wage theft include:
Refusing to pay overtime wages
Not giving service employees the tips they have earned
Including ineligible individuals in a tip pool
Reducing an employee’s wages without warning
Not providing compensation for paid brakes or forcing employees to work through their breaks
Do you feel that your employer has been stealing your wages and keeping some of the money that you earned for yourself? Employees are sometimes worried about speaking up because they’re afraid that they will be fired, but it’s important to note that doing so would be a wrongful termination. Employees must know what legal rights they have as they move forward.]]>On Behalf of Fisher Taubenfeld LLPhttps://www.fishertaubenfeld.com/?p=522032024-03-13T16:55:16Z2024-03-13T16:55:16ZPregnancy rights and discrimination in New York
The rights of pregnant women working in New York are governed by a combination of federal and state laws, including the Pregnancy Discrimination Act (PDA) and the New York State Human Rights Law. Employers can’t legally discriminate against employees because of pregnancy or any related conditions. This means that employers can’t demote or fire an employee because of her pregnancy.
Pregnant employees are entitled to reasonable accommodations. Some of these include more frequent breaks, time off for prenatal care or temporary adjustments in work duties if medically necessary.
Breastfeeding rights and discrimination
Breastfeeding rights in New York are also protected under the law. These reflect an understanding of the importance of breastfeeding for both mother and child. The state mandates that employers provide reasonable break times for an employee to express breast milk for her nursing child for up to three years following childbirth.
Employers must make reasonable efforts to provide a private location where an employee can express milk in privacy. That spot can’t be in a bathroom. This right is crucial for supporting working mothers who wish to continue breastfeeding after returning to work.
Despite these laws, it’s still possible for women to suffer from discrimination at work because they need accommodations while they’re pregnant or breastfeeding. Any woman who’s facing discrimination or other negative employment actions because of those specific needs may opt to take action against their employer. Seeking personalized legal guidance is a good way to get started.]]>On Behalf of Fisher Taubenfeld LLPhttps://www.fishertaubenfeld.com/?p=522022024-03-03T03:27:05Z2024-03-03T03:27:05Zworkplace ageism could mean that some managers and co-workers see you differently than you see yourself.
Here in New York's competitive work environment, millennials are nearing a time when they may encounter age-related biases on the job. Knowing what could happen in advance can help you stay informed. Better yet, it can prepare you to resolve your unlawful age discrimination. Under the federal Age Discrimination in Employment Act (ADEA), workplace discrimination against those 40 and older due to their age is illegal.
Recognize age bias
Sometimes, age discrimination is obvious. However, it can also happen subtly. Be mindful of sudden changes in your workload or assignments, exclusion from professional opportunities or even off-hand comments about your age or fitness. Don’t hesitate to address these concerns directly with your manager, or the human resources department.
Document your experience
Whether you strongly suspect workplace ageism or are unsure what is happening, record the details of your experiences. Maintaining a log of discriminatory events, with their dates and times, is a simple way of recording your mistreatment.
Save emails and other communications that reinforce any discrepancies in treatment. Consider asking for witness statements if appropriate.
Protect your position
Continue exceeding expectations at work and make formal reports of discriminatory incidents through appropriate channels. This approach helps lay an evidence-rich foundation for your case with official reports and other documents to support your claim.
It is never too late to stand against unlawful workplace discrimination, even if you have not taken any of the above steps. Consider seeking guidance from a legal representative familiar with New York employment law and age discrimination.]]>On Behalf of Fisher Taubenfeld LLPhttps://www.fishertaubenfeld.com/?p=522002024-02-21T02:58:27Z2024-02-21T02:58:27ZIf you are a person of color living and working here in New York City, you may have experienced your share of discrimination and microaggressions. However, many overt and covert acts can fall short of the legal standard to take action in a court of law.
But since the signing of the CROWN Act into law in 2019, it has become just a bit harder for employers to discriminate against their employees who choose to wear their hair naturally.
What is the CROWN Act?
The acronym stands for Creating a Respectful and Open World for Natural Hair, and it’s meant to end the discrimination many workers face simply for refusing to contort their natural hair into styles that were never meant for people of color. The language is clear. The law states that workers must be permitted to “include traits historically associated with race, including but not limited to, hair texture and protective hairstyles.” Some of those protective hairstyles include:
Braids
Locs
Twists
That list is not all-inclusive and is designed to protect all workers from being forced to contort their natural hair into unnatural styles to maintain their employment.Before its passage, the numbers were not on the workers’ side, as Black women were 80% more likely to wear styles that conformed to work or other societal expectations. Furthermore, Black women were one-and-one-half times likelier to have been told by their supervisors to go home until they changed their hairstyle.
Is hair discrimination happening at your workplace?
Thanks to the courage and initiatives of many individuals and groups, people of color now have many healthier alternatives to the punishing chemicals in hair straighteners that have been linked to certain cancers.Don’t get mad; take action! Learn more about how you can fight illegal discrimination here in New York City.]]>On Behalf of Fisher Taubenfeld LLPhttps://www.fishertaubenfeld.com/?p=521982024-02-13T01:36:53Z2024-02-13T01:36:53ZUnderstanding covert sexual harassment
Covert sexual harassment is often cloaked in the guise of humor, casual comments or "harmless" office traditions. It can be difficult to pinpoint because it's woven into everyday interactions in a way that can seem normal to those not targeted. This normalization may allow the behavior to continue unchecked because of a lack of consequences.
Examples of this type of harassment include sharing sexually suggestive content under the pretense of it being funny, making offhand comments about someone's appearance in a sexual manner or persistent, unwelcome flirting. Harassers can easily dismiss these behaviors as being part of a workplace culture or misinterpreted as friendly banter.
The impact on employees and workplace culture
The effects of covert sexual harassment on employees can be profound, leading to increased stress, decreased job satisfaction and even physical health issues. Victims may feel isolated or alienated from their colleagues, particularly if they perceive that others are complicit in or indifferent to the harassment.
Addressing and preventing covert sexual harassment
Addressing covert sexual harassment requires a multifaceted approach that involves policy, education and culture change. Companies must establish clear policies that define and prohibit all forms of sexual harassment, including those that might be considered covert. Swift action must be taken when this behavior is reported.
Victims of sexual harassment must be empowered to speak up so that a company can stop the unwanted behavior. Seeking legal assistance can help victims to learn their rights and develop a plan to take action regarding any conduct that may be unlawful.]]>On Behalf of Fisher Taubenfeld LLPhttps://www.fishertaubenfeld.com/?p=521972024-02-04T00:41:59Z2024-02-04T00:41:59ZMinimum wage in New York
Most of the state currently has a minimum wage of $15 per hour. New York City, Long Island, and Nassau, Suffolk and Westchester Counties have a higher minimum wage of $16 per hour. Employers are required to comply with these regional minimum wage standards, ensuring that employees receive at least the minimum hourly wage applicable to their area.
Overtime regulations
Overtime laws in New York mandate that employees who work over 40 hours in a workweek must receive overtime pay at a rate of 1.5 times their regular pay rate. This applies to most employees, with specific exemptions based on job duties and industries, such as executive, administrative and professional roles that meet specific criteria. New York's overtime regulations are designed to compensate employees fairly for extended work hours and discourage excessively long workweeks.
Required meal breaks
Employees in New York are required to have meal breaks in many circumstances. Typically, workers should receive a 30-minute unpaid meal break if they work at least six hours. Factory workers have a longer meal break of one hour if they work at least six hours in a shift. During the unpaid meal break, the employee must be relieved of all work-related duties. The lunch period must be paid if a worker must remain on duty and consents to working meal periods.
Employees who believe they’re not receiving their due pay or breaks should explore legal avenues to rectify the situation. Doing this quickly is critical so an affected worker can take steps to get the pay they’re due.]]>On Behalf of Fisher Taubenfeld LLPhttps://www.fishertaubenfeld.com/?p=521962024-01-18T17:08:28Z2024-01-18T17:08:28Zis the Age Discrimination in Employment Act (ADEA), a pivotal component safeguarding older employees from age-related biases in the workplace.
The ADEA, enacted in 1967, is a federal legislation that protects individuals aged 40 and above from discrimination based on age in employment. It addresses various facets of the employment relationship, including hiring, promotion, compensation and termination.
Key provisions of ADEA
First and foremost, ADEA prohibits employers from discriminating against employees based on their age, helping ensure a fair and unbiased workplace for individuals aged 40 and above. While ADEA is a robust protection mechanism, it does allow certain exceptions for bona fide occupational qualifications. This helps ensure that employers can make age-related decisions when justified by the nature of the job.
ADEA extends protection to employee benefits and prevents retaliation against employees advocating for their rights under the Act. This includes protecting against adverse actions in response to complaints about age discrimination.
ADEA in practice
ADEA requires employers to be vigilant during the hiring process to prevent age discrimination. From crafting job descriptions to conducting interviews, every step must align with the principles of fairness and equality. ADEA also mandates that decisions related to promotions and compensation should be based on merit rather than age. This helps ensure that experienced individuals have an equal opportunity for career advancement.
ADEA enforcement
The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the ADEA. Individuals who believe they have faced age discrimination can submit a complaint to the EEOC, which will investigate. It may then opt to take action or to release its authority to affected workers so that they can pursue legal action on their own. A successful lawsuit can result in remedies such as back pay, reinstatement or even liquidated damages.
If you believe that you’re unlawful experiencing age discrimination at work, you should know that ADEA has got your back. Therefore, you shouldn’t hesitate to work with a legal professional team to help hold your employer accountable.]]>On Behalf of Fisher Taubenfeld LLPhttps://www.fishertaubenfeld.com/?p=521952024-01-12T01:14:38Z2024-01-12T01:14:38ZWhat is the new rule for worker classification?
Previously, the standard for employee misclassification was somewhat unclear and focused only on two main elements. The new rule is more thorough and may help workers more easily establish that the company that hired them also misclassified them.
As of March 11, 2024, a new rule about worker classification takes effect. There are now six key factors that influence whether a worker is an independent contractor or an employee. Those factors include:
how much control the company has over the worker
if the job requires special skills
the permanence of the relationship
the investments workers make
whether the work is an integral part of the company's business
the worker's opportunity for profit or loss
Critics of the new rule note that there is no clarity about how much each of these factors influences the final determination of a worker's status. Several high-profile companies openly flaunting employment laws continue to assert that these new rules should not impact their operations.
Misclassified workers can sometimes band together to take legal action against a company. They could seek compensation for unpaid overtime and other wage law violations. They could also act on their own to potentially obtain unemployment benefits or workers' compensation coverage by legally challenging the employer's decision to classify them as independent contractors.
Understanding the standards that apply to worker misclassification claims may benefit those who believe that a company has treated them as an employee while classifying them as a contractor.]]>On Behalf of Fisher Taubenfeld LLPhttps://www.fishertaubenfeld.com/?p=521942024-01-08T15:16:05Z2024-01-08T15:16:05ZDiscrimination, whether based on race, gender, age, disability or other factors, can negatively impact your career growth and personal well-being. You should not take it lying down or put up with discriminatory practices at your workplace in the name of protecting your job.
Remember, you have the right to work in an environment free from discrimination, even if you are employed at will. Taking these proactive steps can help you effectively address the matter and assert your legal rights.
1. Understand your rights
Familiarizing yourself with anti-discrimination laws and your organization’s policies is an excellent starting point. For instance, the Civil Rights Act, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) are some laws that offer protection against various forms of discrimination. Learning more about these laws can help you understand your legal rights and recognize discriminatory behavior at your job.
2. Document incidents
Keep a detailed record of discriminatory incidents to serve as evidence. Note dates, times, individuals involved and specifics of what occurred. Such documentation helps corroborate your claims should the need arise.
3. Report through appropriate channels at your workplace
Your company likely has procedures to handle discrimination complaints, often involving reporting to HR or management. Follow these established channels carefully to help ensure your concerns are documented, investigated and addressed.
4. Reach out for legal guidance
You may need to escalate the matter further if your organization’s internal mechanisms do not resolve it. This might involve filing a charge of discrimination with the relevant government agencies or pursuing legal recourse.Seeking qualified guidance can help assess your situation and recommend the best path. It will also be easier to build a compelling case and navigate the legal complexities that may arise with the proper assistance.]]>On Behalf of Fisher Taubenfeld LLPhttps://www.fishertaubenfeld.com/?p=521922023-12-22T17:57:07Z2023-12-22T17:57:07ZThe law protects you from workplace retaliation for participating in or engaging in certain activities. For context, workplace retaliation occurs when your employer takes adverse action against you for engaging in legally protected activities. They include reporting discrimination or harassment, participating in an investigation, filing a harassment complaint or exercising other employee rights.
Retaliation can take various forms, not just termination from your job. Demotions, pay cuts, unfavorable shift assignments, exclusion from opportunities or creating a hostile work environment are other ways your employer may retaliate against you.
What can you do about it?
As mentioned, the law has your back. Any form of workplace retaliation is illegal, and you should assert your legal rights. Here is what you need to do if you are experiencing workplace retaliation. First, document everything. Keep a detailed record of events and instances of retaliation, including dates, times, witnesses and any communication that might be relevant. Such evidence can help substantiate your claims.Second, address the matter with your employer or HR department. Sometimes, companies aren’t aware of what’s happening at the ground level, and bringing it to attention could lead to a resolution. Should internal measures fail to resolve the issue or you are uncomfortable addressing it within the company, it may be prudent to look at filing a claim with the appropriate government agency.
Effectively build your case
You can hold a retaliatory employer accountable and even recover compensation for the adverse effects you suffered. While understanding your legal rights is pivotal, navigating the legal terrain alone might seem daunting. That's where seeking legal guidance becomes crucial. It can help increase the likelihood of a favorable outcome and protect your interests while standing firm against workplace retaliation.]]>