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.
In 2002, the New York City Human Rights Law was amended to prohibit discrimination based on a person's "actual or perceived gender." The Guidelines Regarding Gender Identity Discrimination further clarify the purpose and scope of the law, including the protections it provides to transgender people.
Federal and state laws require that certain employers give their employees notification prior to a mass layoff or closing. The law related to this is called the Worker Adjustment and Retraining Notification Act, or WARN, and different states have implemented different versions of the federal legislation.
New York City law and New York State law provide specific protections for tipped workers, but many people who work in the restaurant industry are not fully aware of their rights.
Worker misclassification is a major issue in many employment lawsuits. Often he question is whether the worker should be classified as an employee or an independent contractor. Workers classified as employees are afforded certain protections under the law, including workers' compensation, the minimum wage, overtime pay and the right to organize as a union. Independent contractors are not guaranteed those protections.
The problem of sexual harassment in the workplace has been the subject of many of our blog posts, including this one regarding a potential class-action lawsuit against the U.S. Agriculture Department's Forest Service. Illegal harassment in the workplace is not always sexual, however.
Discrimination against pregnant women in the workplace is an ongoing problem that often has to be addressed in a legal capacity to facilitate change for the better. In addition to achieving justice for themselves, pregnant women who speak up about discrimination also help protect other women who could face a similar situation.
To be eligible for benefits under the Family and Medical Leave Act, you have to meet the following requirements:
U.S. employment law has many protections for employees in the workplace. These laws aim to protect an employee from unfair discrimination and unjust treatment, as well as provide some important job-related benefits in the event of a family or medical emergency. The Family Medical Leave Act (FMLA) is one of the laws that has significant importance to a great number of employees throughout New York and the United States. As legal definitions of family relationships continue to change, the reach of the FMLA may soon be extended.
Imagine being told that you must return to work the day after you give birth. Though most people in New York can't imagine an employer saying that, there are no requirements for smaller companies and employers to give their employees any paid or unpaid time off for the birth of a child. According to the Family and Medical Leave Act, only employers with 50 or more employees must give their employees unpaid leave under FMLA. And, yes, you read that right, they are only required to provide unpaid leave.