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Employment Litigation

Thursday, April 30, 2020

Know Your Rights as an NYC Employee During Coronavirus


Am I entitled to paid sick leave if I am suffering from COVID-19?

The coronavirus pandemic has left employees nationwide with many questions and much uncertainty. With millions of Americans out of work and hundreds of thousands of people suffering from symptoms of COVID-19, employers and employees alike are feeling the stress of the virus. In an effort to protect employees and clarify their rights during the pandemic, Congress passed the Families First Coronavirus Response Act. Our Read more . . .


Monday, December 16, 2019

What Is the Occupational Safety and Health Act?


In 1970, the Occupational Safety and Health Act (OSH Act) was passed with the purpose of assuring “safe and healthful working conditions for working men and women.” The requirements and standards set forth in the OSH Act cover the majority of private-sector employers as well as their employees. The goal of the OSH Act was to help ensure that employers continue to prove their employees with a safe and healthy work environment. The Act itself sets forth this goal as well as establishing how that goal will be achieved.

What Is Included in the Occupational Safety and Health Act?

In passing the OSH Act, Congress hoped to see workers across the U.
Read more . . .


Friday, June 9, 2017

NYC Employers Should Review Their Hiring Practices


What should NYC employers know about the new salary history law?

A new law signed this month by New York City Mayor Bill de Blasio may mean changes to some New York City employer’s hiring practices.  The bill prevents employers from asking job applicants about their salary history.  It will take effect on October 31, 2017.  Our


Read more . . .


Friday, April 21, 2017

NYC Bill To Ban Employers from Asking Potential Employees About Salary History


What positive effect could banning employer inquiries as to salary histories have on employees citywide?

A New York City bill has proposed preventing private employers in the city from questioning employees about their salary histories.  The bill, number 1253, was approved by the New York City Council on April 5.  It now awaits approval by Mayor Bill de Blasio.  Several other states and cities have taken similar measures to prohibit employers from inquiring about a job applicant’s previous salary.  Our Read more . . .


Monday, March 20, 2017

Major Jewelry Conglomerate Faces Sexual Harassment Lawsuit


What should I do if I am being sexually harassed at work?

Hundreds of former employees have filed claims of sexual harassment and gender discrimination against Sterling Jewelers, the owner of Jared the Galleria of Jewelry and Kay Jewelers.  Female employees claim the work environment in these mega jewelry stores encouraged sexual misconduct, such as groping and sexual favors in exchange for promotions.  The class action lawsuit was first filed in 2008, but the case remains unresolved.
Read more . . .


Tuesday, February 14, 2017

For Your Own Sake Don’t Do THIS to Your Employees


Dumb, dumb, dumb case from Idaho, reversed by the Ninth Circuit Court of Appeals.  You can find the case here: http://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/03/14-35396.
Read more . . .


Tuesday, December 27, 2016

Using Social Media in Employment Litigation


Can  social media info be used in employment litigation?

Now that we are deep in the midst of the Age of Social Media, there is a tremendous amount of evidence available to lawyers dealing with employment litigation. The courts have ruled that, although in most states defendants cannot be forced to reveal their passwords to private accounts, when they have made social media access "public," any words or images that are accessible to the public are fair game as far as legal evidence is concerned. This means that all social media entries -- Facebook, Twitter tweets, Instagram posts, LinkedIn and MySpace information may be tapped for damaging information, as long as such information is publicly available and connected to the identity of the person who posted it.
Read more . . .


Tuesday, July 19, 2016

Employee Wellness Programs & The Obligations Of Employers


Employers sometimes desire to implement health programs for their workers, which serve to facilitate healthy lifestyles and decrease healthcare overheads.  These employee programs are usually referred to as “participatory” or “health-contingent” wellness programs, depending on whether the worker is required to partake in a certain health arrangement.  However, employers have a plethora of requirements that they must follow in order for these programs to be legally acceptable. 

For example, when employers desire to promote and foster the health of their employees through certain “employee wellness programs,” they have to ensure that the employees’ personally identifiable and health details are kept confidential.


Read more . . .


Sunday, May 15, 2016

Recent NY Employment Law Amendment Will Allow 12-Week Paid Family Leave Law


What is the 12-week paid family leave law and how will it affect NY employees?

Until recently, major family changes were made much more difficult because of employment obligations. The birth of a new baby, the illness of a close family member, or the call to active duty of a family member in the military often threw the whole family constellation out of whack. The new legislation, signed by New York Gov. Andrew Cuomo on April 4th, however, will help to give peace of mind to a great many families in the state. As of the implementation of this legislation, referred to as the "Paid Leave Law," an employee in New York will be  permitted up to 12 weeks of paid leave under any of the following circumstances:

  1. To care for a new child in the family.
    Read more . . .


Friday, April 15, 2016

NYC Human Rights Law Strengthened by Amendments to Employment and Public Accommodations


What recent and significant changes have been made to NYC's human rights laws?

Mayor Bill de Blasio has recently signed into law amendments intended to remediate and strengthen the New York City Human Rights Law (NYCHRL), particularly in regard to franchisers, franchisees and lessors. In keeping with the Mayor's stated purpose of improving legislation to protect employees and tenants from having their civil rights violated, he has signed into law amendments designed to:

  • Remove language regarding sexual orientation
  • Give the New York City Human Rights Commission the authority to award attorney fees
  • Add franchiser, franchisee and lessor to the list of those forbidden to discriminate on the basis of gender, race, disability, or any other protected class
  • Make it illegal to deny housing to anyone because he or she is a victim of domestic violence, sex offenses or stalking
  • Make it illegal to use discriminatory advertisements and public statements

It is important for all employers, businesses, and lessors to review their procedures to ensure that they are in compliance with the newly amended NYCHRL. The new legislation requires that "exceptions and exemptions from the NYCHRL be narrowly construed in an effort “to maximize deterrence of discriminatory conduct.”

Another aspect of the amendments to NYCHRL's protections addresses the manner in which discrimination on the basis of sexual orientation should be construed. The new wording states that language of the law should not be construed to:

  • Restrict an employer’s right to require that employees meet certain actual job qualifications
  • Permit employers to inquire about the sexual orientation of their current or potential employees or to adopt affirmative action quotas based on sexual orientation
  • Limit or override any pre-existing exemptions under NYCHRL
  • Legalize any act that violates New York Penal Law
  • Endorse any particular behavior or way of life

In addition, the amendments make it unlawful to "offer benefits, services or privileges" to anyone who is (or is presumed to be) a member of a protected class in such a way that such a person is deprived of the full and equal enjoyment” of those benefits on “equal terms and conditions” as all others who are not members of a protected class.


Read more . . .


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