Law Blog

New York Expands Whistleblower Protection Law to Protect Healthcare Workers from Retaliation

Zipped Whistle

Throughout the COVID-19 pandemic many healthcare professionals have turned to social media to express their frustration regarding treating large amounts of COVID-19 patients and the lack of personal protection equipment provided by their employers.  Some of the postings by healthcare professionals have gone viral thereby persuading healthcare corporations to confront the issues raised by their employees to satisfy the public outcry of these viral posts.  As a preventive measure, hospitals around the country have taken a different approach by revising their social media guidelines to silence healthcare workers from speaking out. According to Business Insider, Hospital Corporation of America informed their employees that anyone who publicly discusses their coronavirus policies could face suspension or even termination.  Bloomberg news reported that NYU Langone Health system informed employees that they would face disciplinary action for talking to media outlets without prior authorization. Similarly, New York’s Montefiore Health System required employees to obtain authorization to speak to the press or “speak on behalf of the institution in any capacity, without pre-approval,” as reported in Bloomberg News.

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124 Hits

Are You a Victim of Delayed Workplace Retaliation?

singled out
Delayed Workplace Retaliation

Laws exist to protect workers who voice concerns about workplace discrimination from retaliation. But for these laws to provide the protection they guarantee, workers need to recognize an action as retaliation.

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  495 Hits
495 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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499 Hits

William R. Nolan v. The City of New York, et al. Civil Case No.: 19-cv-00187

Constitution
New Civil Action filed in the Eastern District of New York

William R. Nolan v. The City of New York, et al.Civil Case No.: 19-cv-00187

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9037 Hits

New York to Penalize Employers for Retaliating Against Immigrant Employees

diversity
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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927 Hits

New Amendments to Whistleblower Law Proposed in New York State Senate

Whistleblower
New Amendments to Whistleblower Law Proposed in New York State Senate

In New York State, New York Labor Law (“NYLL”) § 740 protects whistleblowing employees from retaliation for engaging in protected activity. Specifically, NYLL § 740 has a one-year statute of limitations and considers protected activity to be when an employee reports, or threatens to report, a policy or practice of the employer to a supervisor or public body that is in violation of law, rule or regulation and creates and presents a substantial and specific danger to the public health or safety, or which constitutes health care fraud.

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1169 Hits

Can Your Boss Retaliate Against You for Standing Up for Yourself Without Violating the Law?

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The short answer in New York is: maybe.

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2604 Hits

Firm Negotiates $251,274.36 Settlement in Action for Overtime Compensation and Retaliation

Employment Compensation

$251,274.36 – Action for Overtime Compensation and Retaliation - Firm represented a manager against her former employer, a corporation that owns and manages residential apartment buildings, asserting certain claims of violations of the Fair Housing Act, New York State Human Rights Law and the New York Labor Law (“NYLL”). The complaint in this matter alleged that Defendants paid our client a flat weekly rate of pay which fell below the amount required by the NYLL to qualify her for an overtime exemption. Nonetheless, Defendants required our client to work over forty hours per week and neglected to pay her for any of those excess hours. Additionally, the complaint asserted that Defendants required Plaintiff to live in the apartment building where she worked, yet still charged her rent, which amounted to unlawful deductions from her pay. Moreover, at some point, Defendants forced Plaintiff to carry out discriminatory housing practices. When Plaintiff refused to rent any apartments on Defendants’ behalf under such an unlawful policy, Defendants retaliated by harassing Plaintiff for over a year. Defendants continuously denied Plaintiff’s requests to stop verbally harassing her and breaking the law. This constructively led to the conclusion of Plaintiff’s employment. In further retaliation, Defendants filed several eviction proceedings, unlawfully increased Plaintiff’s rent, and spread lies about Plaintiff. After engaging in mediation, the Firm negotiated a settlement of $251,274.36 in March 2018. Michael J. Borrelli, Alexander T. Coleman, and Michael R. Minkoff handled the matter on behalf of the Firm.

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981 Hits

Workplace Retaliation: What You Need to Know

Despite laws in place to protect employees against discrimination and harassment in the workplace, there are still people who don’t report their experiences because they are afraid of what could happen to them.

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2393 Hits

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