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November 2016 Archives

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.

Dress codes and religious preferences

New York residents may have heard of a case in South Carolina where a manufacturer of auto parts would not hire a woman because she would not wear pants as required by company policy due to her religious beliefs. The woman took her case to the Equal Employment Opportunity Commission, which alleges that the refusal to hire the woman was religious discrimination.

Court denies yoga teachers benefits: Will it set a precedent?

The New York Court of Appeals decided a case last month concerning the employment rights of yoga teachers employed by the yoga studio, Yoga Vida NYC. The court deemed that the teachers were independent contractors, and therefore they are not entitled to the same benefits employees are entitled to.

Why New York employers should avoid retaliating

Federal law protects workers who make wage complaints to and cooperate with U.S. Department of Labor investigations. If an employer finds out that a complaint was made, it is not allowed to retaliate or take other action against the employee who made it. Employers that do retaliate based on a wage complaint could face a variety of penalties including paying liquidated damages or lost wages.

Court rulings give greater rights to LGBT community

According to the EEOC, Title VII of the Civil Rights Act of 1964 forbids workplace discrimination against members of the LGBT community in New York and around the country. This was affirmed by the agency in the 2012 case Macy v. Holder. On a federal level, executive orders from Bill Clinton and Barack Obama made it expressly illegal to discriminate based on these attributes. However, private companies are generally not bound by those orders, and protections are lacking on a national level.

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