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April 2018 Archives

Opinion letters issued in FLSA and FMLA matters

New York employers and others throughout the country are generally not responsible for paying workers for time commuting to and from work. This is generally true even if they are commuting between job sites or doing so using a company car. According to an opinion letter from the Department of Labor Wage Hour Division, employees can be entitled to pay for extended periods of travel away from home.

Disability represents major source of workplace discrimination

People with disabilities in New York frequently face difficulties landing a job. The rate of unemployment among people with disabilities reaches as high as 70 percent. Among those with jobs, their pay on average falls below their co-workers. Full-time workers with disabilities earn about $1,000 less every month than their able-bodied colleagues.

Constructive discharge could be seen as retaliation

As part of the False Claims Act, whistleblowers are protected from a series of retaliatory actions on the part of an employer. Companies in New York and throughout the country are not allowed to demote, suspend or otherwise discriminate against whistleblowers in their employment terms and conditions. However, there had been some question as to whether a constructive discharge was considered retaliation under the False Claims Act.

Media investigations reveal stories of age discrimination at IBM

The Age Discrimination in Employment Act is meant to protect workers in New York from workplace discrimination because of their age. Companies can employ tactics, however, that appear to result in age discrimination. Investigations of IBM by ProPublica and Mother Jones have revealed that approximately 60 percent of job cuts by the company involved people over age 40. This reflected the job losses of about 20,000 people during a five-year period.

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