New York Blog — Employment Defense
Labor and Employment Defense
Welcome to the NYC Employment Law Blog! This blog is an online publication of Stephen D. Hans & Associates, P.C., a New York City law firm that has been representing small and mid-sized businesses throughout the New York metropolitan area in all types of employment and labor law matters for over thirty years. We hope this blog will be an interesting and informative resource for our readers, whether they are current or past clients, or simply compliance-minded business owners looking for ways to stay up-to-date with the ever-changing employment law landscape. To that end, we will endeavor to offer regular blog posts highlighting legislative developments, significant court and agency decisions and noteworthy news stories from the employment and labor law realm. We hope that as a reader you will find ours blog enlightening, useful and above all, interesting.
If you are the owner of a small or mid-sized business in New York State and have questions regarding any of our blog posts, or if you would like to consult with us regarding any employment or labor law issues, please feel free to give us a call at (718) 275-6700 or contact us online to schedule an in-person consultation at our offices.
Thank you for visiting our blog and we hope that you check back often!
Sincerely,
Stephen D. Hans & Associates, P.C.
Blogs
Did the Hamilton Musical’s Casting Involve Reverse Discrimination?
Articles last March, posed a question about whether the ad for the casting of Hamilton, the New York Broadway Musical, violated New York City Human Rights.
CBS News brought up the fact that the Broadway Union took issue with the Hamilton casting call for “non-white performers.” Even though the play’s producer defended the casting notice, the union general counsel denied approving the wording for this ad. Policy at Actors’ Equity, the Broadway Union is that “…producers agree that auditions for all productions… will be conducted in such a manner as to provide full and fair consideration to actors of all ethnicities.”
What Happens Next with the Overtime Rule?
The U.S. Department of Labor (DOL) had issued a rule that would have doubled the maximum salary a worker can earn and still qualify for mandatory overtime pay. Workers earning less than $47,500 would have been eligible for overtime pay. The rule was scheduled to take effect on December 1.
However, 21 states and a coalition of business groups that included the U.S. Chamber of Commerce filed a motion that argued the rule was unlawful. U.S. District Judge Amos Mazzano in Sherman Texas found rule to be unlawful and issued a nationwide injunction regarding it.
In his ruling, the judge stated that federal law governing overtime does not allow the DOL to use salary alone to decide which workers qualify for overtime. He quoted in his ruling that the Fair Labor Standards Act, which states overtime exemption applies for executive, administrative or professional duties but said the rule “creates essentially a de facto salary-only test.”
Are There Best Practices for Employers to Avoid Discrimination Issues?
It can be a relief when employers understand they can use best practices to avoid discrimination issues. As Benjamin Franklin said, “An ounce of prevention is worth a pound of cure,” and this holds true for businesses that want to avoid discrimination litigation.
Not every business is subject to Equal Employment Opportunity Commission (EEOC) laws. Businesses with 15 or more employees are subject to Title VII laws and businesses with 20 or more employees are subject to Age Discrimination in Employment Act (ADEA) laws. However in New York, employees with four or more employees are subject to New York Anti-discrimination laws.
Best Practices
The EEOC outlines best practices for HR professionals and employers to follow that encompass:
General work atmosphere
Recruitment/hiring/promotion
Terms, conditions and employment privileges
Harassment
How Prevalent Is Sexual Harassment in the Workplace?
As an employer, being knowledgeable about sexual harassment and the types of challenges you can potentially face is to your advantage. With proper insight, you can take preventative measures against having harassment arise in your work environment.
EEOC Study on Sexual Harassment
In 2015, the Equal Employment Opportunity Commission (EEOC) received an estimated 28,000 charges that alleged sexual harassment from employees who worked for private employers or state or local government employers.
Of all the harassment charges filed, the greatest percentage (45%) was based on sex.
Other discrimination harassment incidents broke down percentage-wise as follows:
What Should You Include in an Employee Handbook?
Employee handbooks are a proactive measure for businesses to protect employee’s rights and also provide the business with legal protection.
Employee Handbook Sections
The Small Business Administration (SBA) provides useful information about writing employee handbooks. Companies should consider including the following sections: