Gender Discrimination in New York

New York State, City, and federal law prohibit employers from discriminating on the basis of sex or gender. Gender, or sex, discrimination occurs when an employee is treated unfairly or unequally based on the fact that the employee is a man or woman. The New York City Human Rights Law was amended in 2002 to change the definition of gender to include an individual’s actual or perceived sex. An Continue Reading...

Pregnancy Discrimination

Pregnancy discrimination occurs when an adverse employment action is taken against an employee because the employee is pregnant, plans to become pregnant, was recently pregnant, or recently gave birth. Adverse employment actions vary, and can include: firing a female employee because she is pregnant, refusing to hire a qualified female applicant because she is pregnant, or failing to restore an Continue Reading...

Severance Agreements in New York

Severance packages are not required under the Fair Labor Standards Act (FLSA). However, most employers throughout the country provide these payments to terminated employees. Because each employer is different, it is important to look at your company’s personnel manual, or policy, on severance packages. Employers who provide severance packages usually have a formula to calculate the benefits based Continue Reading...

Overtime in NY

What constitutes overtime in NY? New York overtime is a hotly contested area and is the focus of many lawsuits by employees who have been denied overtime pay or have been misclassified as an exempt employee who is not entitled to overtime pay.  These are the two most common forms of overtime in NY litigation. The first category is denial of overtime.  An employee working in New York is Continue Reading...

Understanding Sexual Harassment in New York

What is Considered Sexual Harassment in New York? Every employee is entitled to a work environment free from any type of sexual harassment. Sexual harassment is a form of gender-based discrimination that may target men or women in the workplace. The harassment may also come from an individual of the same-sex as the victim. The definition of sexual harassment in New York is similar to the Continue Reading...

Sexual Harassment in NY

What should I do if I’ve been sexually harassed in New York? If you have been sexually harassed in New York, it is important to keep track of each event in a private journal or diary. The date of the harassing act, as well as any details of the act, should be included in the journal. Because harassment can take many forms, it is also important to save any written correspondence that may support Continue Reading...

Filing for Sexual Harassment in New York

How Do I File a Sexual Harassment Claim in New York? There are several avenues available when filing for sexual harassment in New York. It is important to be aware of the deadlines for filing the claim, as they differ for each agency. Individuals thinking about filing a sexual harassment claim are advised to consult an attorney to help determine the best course of action. There are three Continue Reading...

Supreme Court Weighs Religious Rights in Health Care Coverage Law

The new federal healthcare mandate requires all companies to insure their employees with comprehensive healthcare benefits. However, some small business owners are arguing over a portion of the healthcare plans. These businesses wish to be exempt from covering some employees’ contraceptive costs that go against their religious beliefs. While the court hears both sides of the argument, Continue Reading...

Have You Been Fired For No Reason?

If you have recently been fired, but don’t know why, you probably have many questions. Besides worrying about where to get your next paycheck, you want to know what your legal rights are, and if you have any recourse. The answers are varied, depending upon your individual circumstances, but there are some standards associated with employment and firing. Employment at Will Employers in the state Continue Reading...

Women’s Equality Act

New York legislators are working to pass a ten-point bill to stop gender discrimination and ensure fairness to women and families for the state of New York. The bill, called the “Women’s Equality Act” promises to defend women’s employment and quality of life rights. The Women’s Equality Act contains ten areas of protection against inequality and gender discrimination. Some simply extend current Continue Reading...