by Stephen D. Hans | Apr 23, 2024 | Disability Discrimination, Discrimination for Sexual and Reproductive Health Decisions, Employment Discrimination, Employment Discrimination Based on Immigration, National Origin Anti-Discrimination Practices
Workers Now Have Three Years to Seek Redress after Workplace Discrimination In any legal matter, when you look to the courts for a remedy, you must comply with the statute of limitations, which identifies the length of time within which you must file your complaint with the court. If you fail to take action within that prescribed period, the chances are strong that you’ll be prohibited from any type of recovery. There are compelling reasons for this rule: It ensures that any dispute is resolved while memories remain fresh It minimizes the risk that evidence will be lost or that witnesses will die or disappear It ensures that a potential defendant won’t have the threat of legal action hanging over his or her head indefinitely In the state of New York, until earlier this year, the statute of limitations for a claim of unlawful discrimination in the workplace was one year. Effective February 15, 2024, that period has been extended to three years, similar to the statute of limitations for sexual harassment claims. What Types of Discrimination Are Illegal in New York? As an employer in New York, you may not discriminate against a worker or employee based on any of the following factors: Race, color or creed Gender, gender identity or sexual orientation National origin, alienage or citizenship status Age or perceived age Disability Marital or partnership status Pregnancy, childbearing or caregiver status Arrest or conviction record How Is an Unlawful Discrimination Claim Filed in New York? An employee may opt for one of three methods for initiating a wrongful discrimination claim: The New York Division of Human...
by Stephen D. Hans | Apr 16, 2024 | Labor Law
Taking Care that You Follow New York Guidelines Regarding the Legal Age to Work As an employer in New York, it’s essential that you keep an eye on certain issues, so that you don’t run afoul of workplace and labor laws, which can be costly. One of the most important can involve the age of your employees, particularly those who are minors. Ensuring that You’re Meeting the Rules Regarding the Legal Age to Work in NY New York has very specific requirements related to when and how much minors can work. Those regulations vary, based on whether school is in session, and whether the minor is actually attending school. 14- and 15-year-olds—During the academic year, the youngest workers may not work more than 3 hours per day on school days and 8 hours on weekends. They are limited to 18 hours in any given week and may not work more than 6 out of any 7 days. All work must be done between 7 a.m. and 7 p.m. During breaks and summer vacation, these workers may put in up to 8 hours per day and 40 hours per week. They may also work until 9 p.m. between June 21 and Labor Day. 16- and 17-year-olds—When school is in session, older minors can work up to four hours per day, Monday through Thursday, and 8 hours per day the rest of the week. They are limited to 28 hours per week and may not work more than 6 days per week. They can come in as early as 6 a.m. and work until 10 p.m. At other times of the...
by Stephen D. Hans | Apr 9, 2024 | Healthcare, NY Paid Family Leave Amendments for 2022, Paid Family Leave Updates for 2023
The Responsibilities of Employers in NYC to Provide Paid Leave for Workers In 2020, the New York state legislature passed a new law guaranteeing paid sick leave to qualified employees throughout the state. Later that year, New York City amended the Earned Safe and Sick Time Act (ESSTA) to ensure compliance with the state law. Here are the pertinent details of New York City’s paid safe and sick leave law: All employers in New York City with 100 or more employees are required to provide each worker with a minimum of 56 hours of paid leave every calendar year Businesses with more than four, but less than 100 employees, must give workers at least 40 hours of paid leave during the calendar year Companies with less than five employees, but an annual net income of more than $1 million, must also allow up to 40 hours of paid leave per calendar year Companies with fewer than five employees, but less than $1 in net income, must still allow up to 40 hours of annual leave per calendar year, but do not have to pay employees while on leave Under the law, employers must put together a written safe and sick leave policy and must give employees a copy or otherwise ensure that employees understand what the benefit is and how to use it. An employer may not impose a waiting period for new employees to use the benefits. The employer must also keep employees informed of how much leave time has been used and how much is left, either as a part of the worker’s compensation information or through...
by Stephen D. Hans | Mar 25, 2024 | Overtime Disputes
The Arguments Employers Can Make to Refute Wage and Hour Claims As an employer, you work hard to maintain a positive and harmonious work environment. Nonetheless, it’s not unusual to face allegations of federal labor or employment laws. One of the most common involved an employee’s right to overtime pay. When Is Overtime Pay Required? Under the Fair Labor Standards Act (FLSA), eligible workers have the right to additional compensation for extra hours worked. To qualify for overtime under federal law, you must be a non-exempt employee and you must have worked more than 40 hours during a given pay period or work week. According, the primary defenses to a federal overtime claim are that the worker was exempt or that the worker did not exceed 40 hours within the applicable time frame. What Types of Employees Are Exempt from Overtime under Federal Law? The Fair Labor Standards Act identifies a number of situations where a worker may not qualify for overtime benefits: The employee is paid on a commission basis—The worker must receive more than half of his or her income from commissions and must average at least one and a half times the minimum wage for every hour worked Executive, professional, administrative and outside sales employees who are paid a salary Certain employees of automobile dealerships, including salespersons, mechanics and parts workers Seasonal workers and employees of recreational businesses Farmworkers on small farms Computer professionals whose income exceeds $27.63 per hour Drivers, loaders, mechanics and helpers for motor carriers, provided the worker is engaged in activities that involve the safety of transportation of people or property in...
by Stephen D. Hans | Mar 19, 2024 | NLRB Upholds Worker's Right
Agency Says Home Depot Violated Federal Labor Law by Firing Employee Pursuant to a ruling from the National Labor Relations Board, an employee’s right to “engage in concerted activities for mutual aid or protection” is protected under federal labor law. That includes a worker’s decision to protest racial discrimination in the workplace. The NLRB ruling involved a worker at Home Depot who drew the letters “BLM,” representing the social justice movement Black Lives Matter, on his work apron. The employee said that he did so both in response to actual racial discrimination in the workplace and in an effort to bring the wrongful conduct to the attention of management. The Rights of Workers to Improve Working Conditions Whether or not a worker may display social justice banners, decals or insignia on clothing or wear social justice themed clothing at work has been a significant issue since the Black Lives Matter movement came to national prominence after the death of George Floyd in May, 2020. Many employers, including American Airlines and Delta Airlines, have voluntarily committed to allowing employees to sport BLM and other social justice pins, insignia and clothing. Famously, Starbucks initially banned the practice, but later reversed its position, even going so far as providing 250,000 BLM tee shirts to its employees. In its ruling, the NLRB cited the “well-established” rule “that workers have the right to join together to improve their working conditions.” The board found protesting racial discrimination on the job to constitute an attempt to improve working conditions. The board also held that employees have such a right regardless of whether they belong to a...
