Law Blog

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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81 Hits

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

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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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110 Hits

Drug and Alcohol Addiction in the Workplace

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About Drug and Alcohol Addiction in the Workplace

The Americans with Disabilities Act (ADA) is designed to protect people with disabilities. Though many assume this pertains to alcohol and drug addiction, it only does under certain circumstances.

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155 Hits

Vilchez v. Violette’s cellar, LLC, Et Al. Civil Case No.: 18-cv-06832

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New York Employment Law Class and Collective Action filed in the Eastern District of New York

Vilchez v. Violette’s cellar, LLC, and Roberto Hernandez, individually Civil Case No.: 18-cv-06832

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243 Hits

Pena v. Big Mack Painting Corp. et al.; Case No.: 19-cv-00265

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Judge grants Conditional Certification of Collective Overtime Wages Action in the Eastern District of New York

Pena v. Big Mack Painting Corp. et al.; Case No.: 19-cv-00265

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274 Hits

Baby on the Way? A Primer for Expectant Parents in the Workplace

baby on the way
What expecting parents expect in the workplace.

Becoming a parent can lead to many questions regarding work and career. This is especially true during the early stages of parenthood, beginning with the first announcement of pregnancy to maternity and paternity leave and the weeks and months following that time away.

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239 Hits

What Do You Need to Know About Non-Compete Agreements?

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What is a non-compete agreement and how does it work?

Non-compete agreements were created to protect businesses from losing information that was vital to their bottom line if employees took jobs with competing companies.

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234 Hits

New York to Penalize Employers for Retaliating Against Immigrant Employees

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Employers are not allowed to retaliate against immigrant employees in New York

On July 27, 2019, Governor Andrew Cuomo signed into law a bill that prohibits employers in New York State from retaliating against employees by contacting or threatening to contact immigration authorities. The measure also extends the protection to threats or actions against an employee’s family or household members. The law took effect on August 15, 2019.

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302 Hits

When Does Workplace Harassment become Serious Enough to Report?

Stop Harassment
Report Workplace Harassment

A variety of things occur in workplaces across the country every day that might be questionable, but not all of them are breaking any laws. Many of these occurrences aren’t even unethical or warrant filing a report with human resources – they’re simply things that get on your nerves or make you wish you were employed elsewhere or better yet, independently wealthy. The laws governing workplace conduct are not general civility codes and are limited to protecting individuals from specific illegal conduct.

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298 Hits

Can I Be Fired for Something I Do Outside of the Workplace?

Fired
Getting Fired For Activities Outside of the Workplace

Today, with the widespread use of social media, it’s easy for anyone to know what anyone else is doing at any time. People are sharing more of their personal lives and in many ways, people have become less concerned about actions that might be perceived negatively.

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318 Hits

Employment Law - Just Cause vs. At-Will Employment

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What does Just Cause and At-Will Employment Mean?

In every state except for Montana, the default rule for terms and conditions of employment is the “at-will” doctrine. This means that an employer can terminate an employee for any reason or for no reason at all, and in turn, the employee can resign at any time without having to specify any reason for doing so. However, there are exceptions to this rule: it is illegal for an employer to fire an employee for a discriminatory reason, in retaliation for either opposing discrimination, or in some cases, in retaliation for complaining about illegal practices. Also note that the at-will doctrine does not always apply in cases where employees are represented by a union in the workplace and have due process procedures in their collective-bargaining agreements that have to be exhausted before termination.

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276 Hits

Abraham and Sylvester v. Promise Home Care Agency, Inc.; Case No.: 18-cv-04502

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Judge grants Conditional Certification of Collective Action in the Southern District of New York

Abraham and Sylvester v. Promise Home Care Agency, Inc.; Case No.: 18-cv-04502

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504 Hits

What is New York’s Fair Chance Act?

What is New York’s Fair Chance Act?

New York workers are entitled to a number of benefits under various federal, state, and city laws. The Fair Chance Act is an example of this.

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301 Hits

New Class and Collective Action filed in the Eastern District of New York

Grocery Store

Campos v. Guru Teg Holding Inc., d/b/a Maharaja Farmers Market, and Akshar Holdings Inc., d/b/a Maharaja Farmers Market, and Krishna Holding Inc., d/b/a/ Maharaja Farmers Market, and Amandeep Singh a/k/a “Tony” Singh, individually, and Sunil Patel, individually

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291 Hits

What is the FLSA?

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The Fair Labor Standards Act (FLSA)

FLSA, which stands for the Fair Labor Standards Act, is a law that protects workers from workplace violations and practices related to wages and pay. The law created regulations that affect businesses and workers, including minimum wage guidelines and rules about overtime. In addition to wages, the FLSA also gives an explanation of what exempt and non-exempt means as it applies to employees and overtime.

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356 Hits

Union Picketing: Inflatable Rats Under Fire

No Rats
Labor Union Inflatable Rats Under Fire

Labor unions commonly use inflatable rats when they picket a company for using non-union labor in order to draw the attention of passersby and bring public awareness to their protest.

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403 Hits

New York City Becomes the First Municipality in the Country to Ban Marijuana Testing of Job Applicants

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New York City Becomes the First Municipality in the Country to Ban Marijuana Testing of Job Applicants

On May 10, 2019, the New York City Council’s bill prohibiting employers from drug testing prospective employees for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana) was passed into law. The law, which is the first of its kind in the country, makes such testing an unlawful discriminatory practice under the New York City Human Rights Law.

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462 Hits

New Class and Collective Action filed in the Eastern District of New York Loja v. Jasco Designs, Inc., Civil Case No.: 18-cv-06190

Diamonds
New Class and Collective Action filed in the Eastern District of New York

Loja v. Jasco Designs, Inc., Civil Case No.: 18-cv-06190

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356 Hits

What You Need to Know about New York City’s Earned Sick Time Act

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The Earned Sick Time Act in New York City

As of May 5, 2018, the New York City's Earned Sick Time Act permits employees paid time off, if they or their family members are victims of domestic violence. Such time off, referred to as “safe time” in the Act, may be utilized to address certain non-medical needs concerning domestic violence, sexual assault, stalking and human trafficking.

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345 Hits

Camilo v. Parrilla Latina Restaurant, et al., Case No.: 18-cv-09163(JPO)

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Judge grants Conditional Certification of Collective Action in the Southern District of New York

Camilo v. Parrilla Latina Restaurant, et al., Case No.: 18-cv-09163(JPO)

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424 Hits

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