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employment law Archives

Constructive dismissal in workplace discrimination cases

Workers in New York and around the country who have been discriminated against due to their race, religion, gender, age or national origin may pursue remedies under Title VII of the 1964 Civil Rights Act. These claims are often made after workers have been fired unfairly, but Title VII cases may also be filed when working conditions are so unbearable that a reasonable person would feel compelled to quit. This was how the Supreme Court defined constructive dismissal in a 2004 lawsuit involving the Pennsylvania State Police, but proving such claims can be challenging for workers.

When gender harassment isn't gender harassment

New York residents may know that sex discrimination in the workplace is banned by Title VII of the Civil Rights Act of 1964. However, it isn't always clear what the definition of sex is under that statute. According to one court ruling from the Northern District of New York, a male police officer who sent text messages to his ex-girlfriend was not harassing her based on sex.

Recent rulings recognize sexual orientation as protected class

New York residents may be confused as to whether being part of the LGBTQ community offers them protection under federal laws related to employment. While the question has not yet been settled, court rulings may be offering some clarity on the matter. In April 2017, the United States Court of Appeals for the 7th Circuit found that sexual orientation was covered by Title VII of the Civil Rights Act of 1964.

9 things to know about tipping for restaurant workers

Some restaurant workers depend on tips to make a living. New York has strict laws governing how employees and employers handle tips in a variety of situations. For the men and women working for tips, understanding these laws is crucial. Tips that aren't handled properly can lead to legal action against an employer.

Dated rules could lead to timekeeping program abuse by employers

Employees in New York who use electronic systems for timekeeping might not give tracking software much thought after clocking in and out. However, a recent study found that workers may need to keep a close eye on their hours to ensure correct payments. The When Timekeeping Software Undermines Compliance study was published by the Yale Journal of Law and cites work from researchers associated with the University of Oregon School of Law and Georgia State University.

5 things to know about nanny cams in New York

If you are a New York City nanny, you may have concerns over being surreptitiously videotaped by your employer. You may wonder whether it is legal and what your rights are in the matter. Below are five important points to know and understand regarding the use of nanny cams on the job.

Lesser known forms of workplace discrimination

Employees in New York face discrimination at work for many different reasons. Race, sexual orientation and religious discrimination often come to mind first when people think of workplace discrimination. However, there are other forms that are lesser known but still very common. People who are discriminated against in the workplace for any reason may lose out on job opportunities and fair pay, and they may also face workplace harassment.

The perils of incorrect classification at work

Improperly classifying workers has become a significant problem in New York and around the country. In most cases, workers are given improper classifications to cut costs and reduce liability. Some court cases have dealt with this issue and have attempted to show that employers cannot expect to get away with classifying an employee as an independent contractor.

How to determine if an employer is an ALE

People in New York may be interested to learn that the IRS uses certain rigid classifications to determine if an employer is an Applicable Large Employer under the Affordable Care Act. Two options under the Affordable Care Act, one dealing with shared responsibility and one dealing with information reporting for offers of minimum essential coverage, apply only to these types of employees.

High numbers of disabled people unemployed

There are a number of reasons that New York companies might want to hire disabled individuals other than avoiding discrimination lawsuits. Considering disabled individuals for positions means a greater focus on hiring the best person for the job. Employee retention may also improve in an inclusive environment. Conversely, when employees suspect discrimination, they may be less likely to trust management.

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