Racist standards of appearance and hairstyle are present all over the country. Hairstyles and the natural hair of people of color—women of color, in particular—are often deemed by workplaces to look messy or unprofessional, and thus are banned or discouraged. In reality, these hairstyles usually just don’t align with the societal standards set by white people. New York state and New York City Continue Reading...
New York Employment Law Case Study: Miller v. Ithaca
Today, we’re taking a closer look into the workplace. Most people are aware of laws protecting employees from discrimination and harassment, but many have never heard of New York Employment Laws protecting employees from retaliation. In a recent review, we found several cases of discrimination and retaliation in the workplace. Looking into the case of Miller vs. City of Ithaca, Plaintiff, Continue Reading...
New York Federal Employment Lawyers, Castronovo & McKinney, LLC.
Federal Employee Rights. How are the rights of Federal Employees different? In most states employees are 'at will' employees and thus subject to immediate termination at any time. Most federal employees who have been in their position for at least a year are constitutionally protected, and guaranteed continued federal employment. It can't be taken away from them without due process of law. If Continue Reading...
NY Overtime Lawsuits | Employee Must Utilize Time Recording System
A recent decision from the Tenth Circuit Court of Appeals held that an employer is not liable to an employee who fails to utilize the employer's time reporting system. The employee was working from home on multiple occasions and filed a lawsuit to recover pay for this time period. However, the employee never reported to the time worked to the employer in its time keeping system. An argument was Continue Reading...
New York Employment Law Protects Use of Social Security Numbers
Employers in New York have been permitted to require an employee or job applicant to disclose his or her social security numbers (SSNs). However, the New York Employment Law is about to change in that employers will not be permitted to request SSNs starting December 12, 2012. An employer violating the law will be subject to a $500 fine for the first violation and $1,000 for any additional Continue Reading...
Workplace Romance Law
Workplace Romance Law - Every day coworkers get romantically involved. What does the law say in regards to these workplace relationships. What should employers and employees know about workplace romance? There is no doubt that workplace romance is prevalent in an office environment. Coworkers get involved in relationship and so do supervisors and their subordinates. It's easy to imagine why Continue Reading...
What is a hostile work environment?
What is a hostile work environment? The federal office of Equal Employment Opportunity Commission (EEOC), defines a hostile work environment as a type of harassment which is based on discrimination; e.g., color, race, color, sex, county of origin, age, religion, sexual orientation or disability. It is typically involved activity that prevents or causes an to properly perform a person's Continue Reading...
Do I Owe Payroll Taxes on Severance Pay?
Do I Owe Payroll Taxes on Severance Pay? Do laid-off employees and their previous employers need to pay Social Security and Medicare taxes (FICA) on severance pay? Do I Owe Payroll Taxes on Severance Pay? This is a huge issue right now for both companies and taxpayers alike as two federal courts disagree on the answer and several billions of dollars hangs in the decision. Typically both parties Continue Reading...
New York Workplace Bullying Law
Neither New York State or New York City has passed a law yet allowing employees to recover from employers for the harassing and bullying of a supervisor or co-worker. We do believe that this is the next major employment law on the horizon, however, despite numerous bills being proposed in New York and numerous other states, no state has signed one into law at this time. Eventually there will be Continue Reading...
NY Employment Law Prohibits Use of Social Security Numbers
A new law in New York will effect NY Employment law by restricting the use of Social Security numbers (SSNs). An employer must receive consent from the employee or customer in order to ask for their social security number or use it in any form unless the number is required based on another law, statute or regulation. An employer will be able to use the SSN for disability, unemployment, benefits Continue Reading...