Law Blog

Are You a Victim of Pregnancy Discrimination? Here’s What You Can Do.

pregnant at work
Employment Law, Pregnancy Discrimination

For some women, working during pregnancy is one of the most challenging things they will ever do. None of the usual stresses of work go away once you’re pregnant and you’re also faced with all of the nagging physical ailments that might accompany pregnancy – digestive distress, poor sleep, aches, and pains, etc.

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44 Hits

Employee Stops Paying Union Dues on Religious Grounds, Files Suit

dispute
An employee stops paying union dues on religious grounds and files s suit against the employer

In states that allow union security (also called agency shop) agreements in the private sector, New York being one of them, workers who are not members of the union in their workplace are required at minimum to pay agency fees to the union to cover the costs of collective-bargaining, grievance adjustment, and contract administration (in other words, any service related to the terms and conditions of employment).

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127 Hits

Is Your Employer Liable for How Customers or Clients Treat You?

Unhappy customer
Employer Liability for Treatment of Employees by Customers

Most jobs involve interaction with people other than your co-workers. Whether you work in an industry with customers or you are responsible for meeting the needs of clients, just about everyone with a job has to deal with people in one way or another. Customers and clients are a vital part of keeping your employer in business and keeping you employed, so it’s essential to make sure they are satisfied.

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203 Hits

Am I a Victim of Workplace Retaliation?

Running for the exit
Workplace Retaliation

In addition to the laws in place to protect you from discrimination in the workplace, the law also protects you from retaliation. Your employer cannot penalize you for reporting some types of wrongdoing, including discrimination and harassment – this is called engaging in legally protected activity.

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197 Hits

Supreme Court to Weigh in on Standard for Age Discrimination by Federal Employers

US Supreme Court
Age Discrimination and Federal Employers

On January 15, 2020, oral argument before the Supreme Court of the United States caught the attention of a news cycle primarily because Chief Justice John Roberts presented an interesting hypothetical question. Chief Justice Roberts presented a scenario in which an interviewer used the phrase “OK Boomer” while meeting with an older applicant. While the question presented by Chief Justice Roberts drew media attention because of the ongoing cultural discussion centered on the phrase “OK Boomer,” the argument before the court that day dealt with issues that could significantly change the way claims of age discrimination against federal employers are analyzed.

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187 Hits

New York State Enacts Law Banning Salary History Inquiries Goes Into Effect

Payday
The New York State Law Banning Salary History Inquiries

On July 10, 2019, Governor Andrew Cuomo signed into law a bill that will impact employers in New York with regard to inquiries asked of potential employees during interviews. The new law, effective January 6, 2020, will prohibit employers in New York from inquiring about an applicant’s salary history (including compensation and benefits) and from depending on that applicant’s previous wage or salary when deciding whether to extend a job offer or determining what that applicant’s prospective pay would be. This amendment to the New York Labor Law, specifically Labor Law Section 194-a, further prevents an employer in New York from seeking such information from the applicant’s previous employer. Moreover, employers are banned from retaliating against applicants or employees who refuse to disclose such information. If an applicant believes that an employer violated this law, he or she may bring a civil court action or can contact the Division of Labor Standards.

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198 Hits

Actress Gabrielle Union Fired From America’s Got Talent After Complaints of Racism and Unhealthy Workplace

Exit

NBC Universal once again finds itself entangled in another employment scandal after actress Gabrielle Union was dropped as a judge on the show, America’s Got Talent, amid complaints of racism and an unsafe workplace. According to reports, NBC fired Union – a known advocate for minority communities - because she spoke out about the toxic and racist workplace culture during production of the show. Union allegedly spoke out about several discriminatory practices during her time on the show, including being told by producers that America would not get behind a ten-year old black rapper; that the network discouraged her from wearing certain outfits and hairstyles they considered “too black” for viewers; and for raising concerns that host Simon Cowell was creating an unhealthy workplace by smoking indoors. But it was her complaint to producers about a racist joke comedian Jay Leno allegedly made about Korean restaurants during taping that apparently sealed her fate. Though producers allegedly dismissed Union’s complaint, the joke was cut from the show, then in retaliation, they terminated her three-year contract after just one season as a judge on the show. 

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279 Hits

Can Catholic Schools Discriminate? The U.S. Supreme Court is About to Weigh In.

discrimination
Catholic Schools and Discrimination

The United States Supreme Court will review two decisions from the United States Court of Appeals for the Ninth Circuit involving the ministerial exception to federal employment discrimination law claims. On December 18, 2019, the Supreme Court granted petitions for a writ of certiorari in St. James School v. Biel and Our Lady of Gudadalupe School v. Morrissey-Berru, both decisions from the ninth circuit in which Catholic religious schools argued that the ministerial exception protected them from claims of discriminatory employment practices.

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224 Hits

Trump Executive Orders Crack Down On Federal Unions

employee rights

In May 2018, President Trump issued three executive orders that will no longer allow unions to have rent-free office space in government buildings and also eliminate pay for union representatives for representing employees in grievance and discipline proceedings. These executive orders were held up in court after the AFL-CIO filed suit in the District Court of the District of Columbia and temporarily succeeded in obtaining an injunction, but the D.C. Circuit Court of Appeals lifted the injunction on appeal.

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355 Hits

Can I Be Fired for My Political Views?

exit employment
Political Views and Employment

The United States is gearing up for a big presidential election in 2020 and most people have strong opinions about the candidates.

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355 Hits

Are Atheists Protected from Religious Discrimination in the Workplace?

equality
Atheism and Religous Discrimination in the Workplace

Most people know they are entitled to protection from religious discrimination in the workplace, but what if you don’t practice a religion? Do any of the current laws against discrimination in the workplace protect you if you are a non-believer?

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427 Hits

3 Questions about Workplace Surveillance

Security Camera
Employment Law and Workplace Surveillance

Everyone is entitled to a certain level of privacy, but a reasonable expectation of privacy varies based on where you are and what you are doing. For instance, what’s reasonable in your own home is different from when you are riding a public bus or sitting in a restaurant.

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506 Hits

New York City Human Rights Law Expands Employment Protections to Independent Contractors and Freelancers Effective January 11, 2020

equal rights

On September 12, 2019, the New York City Council passed a law (Int. 0136-A) that will impact New York City employers. This new law, effective January 11, 2020, will expand the scope of the New York City Human Rights Law (“NYCHRL”) to provide protections for independent contractors and freelancers. This law will ensure that independent contractors and freelancers are protected by the New York City Human Rights Law and will give them the right to file potential complaints with the New York City Commission on Human Rights when they face harassment or discrimination based on a protected class. This amendment further clarifies how to determine whether an employer has the requisite “four or more” with regards to coverage under the NYCHRL, explaining the protections will apply to employers who employed at least four workers (including independent contractors, freelancers, certain employer’s family members) at any time during the twelve months before the start of the discriminatory act.

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998 Hits

$130,000.00– Disability Discrimination Case

disability

Firm represented a woman with severe depression and anxiety against her former employer for unlawful disability discrimination in gross violation of the Americans with Disabilities Act of 1990, as amended (“ADA”), the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”), as well as for unlawful interference with her protected rights under the Family and Medical Leave Act (“FMLA”). Despite our client’s qualifications and satisfactory performance throughout her employment with the company, because of her intense workload, she began to experience severe depression and anxiety. Accordingly, our client notified the company of her need to take time off due to her serious health condition and start her FMLA leave. The company, in turn, terminated her employment in violation of the ADA, NYSHRL, and NYCHRL, but it also interfered with her rights to complete her FMLA leave. After engaging in mediation, the Firm negotiated a pre-litigation settlement of $130,00.00. Michael J. Borrelli and Caitlin Duffy handled the matter for the Firm.

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343 Hits

Former Fox News Employees Request Release From Non-Disclosure Agreements

NDA
6 Former Fox News Employees Request Release from NDAs

Six former Fox News employees, including former news anchor, Gretchen Carlson and former political consultant, Julie Roginsky, became the latest in a growing list of female employees who are demanding to be released from Non-Disclosure Agreements (NDAs) they signed as part of their sexual harassment and discrimination settlements with Fox. The NDAs prohibit them from talking about the alleged unlawful conduct in any form. Both Carlson and Roginsky accused their former employer, Roger Ailes, former President and Chairman of Fox News, of sexual harassment and discrimination. According to court documents, Carlson alleged that Ailes "sabotaged her career because she refused his sexual advances." Roginsky alleged that she was denied a co-hosting job on a show after she refused to have a sexual relationship with Ailes.

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378 Hits

New Job? Tips for Giving Notice and Getting Your Final Paycheck

notify
If you have a get a new job here are some tips for giving notice and receiving a final paycheck from your old job

People leave jobs all the time. The consistency and commitment to an employer that was once expected is no longer the norm, in part because employers are not as dedicated to their employees anymore. The workforce has changed dramatically over the last half-century or so and it’s expected that most American workers will change jobs several times throughout their career, even if they remain in the same industry.

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487 Hits

NCAA Votes to Allow College Athletes to Benefit From Use of Name, Image, & Likeness

basketball court
New Rules will Allow College Athletes to Benefit From Use of Name, Image, & Likeness

On October 29, 2019, the NCAA Board of Governors voted unanimously to allow college athletes to benefit from their schools and third parties using their names, images, and likeness “in a manner consistent with the collegiate model.” This move was in response to bills in California, South Carolina and other states that would prohibit colleges from taking away scholarships or dismissing athletes for signing endorsement deals or hiring agents, which would give schools in those states a competitive advantage in recruiting compared to schools in other states. While the specific details are unclear at this point, each of the NCAA’s three divisions are to create regulations in support of this new NCAA policy by January 2021.

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438 Hits

Can My Current Employer Fire Me for Interviewing with Another Company?

Fired
Employment at Will -  Firing of an employee for a job interview with another company

Employment at will means you can be terminated for any reason without any notice. This would include a situation in which your employer believes you are interviewing with other companies or exploring the job market in any way. That said, many employers won’t fire you looking for another job because a terminated employee could have a right to certain benefits, whereas an employee who leaves of his or her own free will is sacrificing those benefits.

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363 Hits

Supreme Court Could Extend Title VII Protection to Employees Terminated for Sexual Orientation or Gender Identity

US Supreme Court
Expanded Title VII Protections Under the Law, Supreme Court Could Extend Title VII Protection to Employees Terminated for Sexual Orientation or Gender Identity

On October 8, 2019, the Supreme Court heard oral arguments in three cases that could reshape the landscape of protections provided by Title VII of the Civil Rights Act of 1964. Title VII provides protection against employment discrimination based upon race, color, religion, sex and national origin. Historically, the term “sex” as used in the statute has been interpreted to protect individuals from discrimination on the basis of gender, but this has not been extended to provide federal protection to transgender individuals, nor has the term been applied to grant protection on the basis of an individual’s sexual orientation. There have been cases in which the Circuit Courts of Appeal have held that the protection afforded by Title VII extends to gender identity or sexual orientation, however these instances are limited, and often address only one category or the other, leaving substantial ambiguity and making this issue ripe for the Supreme Court.

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415 Hits

My Employer Questioned My Sick Time Off. Is This Legal?

sick leave
Sick Time Off

Have you taken time off from work for illness and your employer is questioning your actions or requiring proof of an illness? There are instances in which this is legal and times when it is not permitted. The rules governing what your employer can and cannot do depend on the type of leave you requested and your company’s overall time-off policy.

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461 Hits

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