Sunday, April 9, 2017
Workers can generally be classified into two groups: employees and independent contractors. The difference between the two types of workers is important under the law because employees have far more protections and rights than independent contractors. Employers must also pay more for employees in terms of taxes and insurance.
In some situations, employers purposely classify workers as independent contractors instead of employees because they want to avoid the extra reporting requirements, obligations, and expenses associated with having employees. This practice is often referred to as “misclassification,” and it is illegal.Read more . . .
Thursday, April 6, 2017
Despite the endless barrage of commercials swooning “he went to Jared” and “every kiss begins with Kay,” said national jewelry chains are facing major discord with their employees – as described in a recent class action discrimination lawsuit filed in February 2017. According to the Florida-based petition, as many as 69,000 men and women are alleging that the corporate culture was one of groping, fondling and uninvited sexual advances – reaching from local store employees up to the corporate executive level.
According to one account, a 25-year old Florida-based employee was fired upon suspicion of theft after she refused the sexual advances of her superiors.Read more . . .
Wednesday, April 5, 2017
On April 4, 2017, the Seventh Circuit Court of Appeals held – in the case of Hively v. Ivy Tech Community College of Indiana – that discrimination based upon an employee’s sexual orientation is prohibited by Title VII. The relevant facts of the case were that the plaintiff (Hively), a professor at the college, did not have her employment renewed with the defendant-college. She claimed that it was because she is a lesbian. The Seventh Circuit is the first court to make such a holding, finding that an interpretation of the law extends to protect gays and lesbians from employment decisions based on their sexual orientation. In fact, as recently as last week, the Second Circuit (the Circuit that covers New York State) – in the case of Christiansen v. Omnicom Group, Inc. – held that discrimination based on sexual orientation is not protected by Title VII.Read more . . .
Sunday, March 19, 2017
Social media has become a big part of many employees’ everyday lives. It is accessible at virtually all times, and there is no limit to the information that individuals can share and consume. Social media and employment obligations occasionally butt heads based on what employees post or share on their personal (or even business) pages.
There have been situations where employees have lost their jobs due to what they have posted or shared on social networking sites. In reviewing these stories, you may have wondered—can employers really terminate an employee based on what they post on social media? Do employees have any protections to prevent this type of termination? An Read more . . .
Thursday, March 16, 2017
Like many states, New York has mandatory overtime laws that employers must follow under most circumstances. Generally, you should be paid your full wage plus half of your hourly wage for each hour you work over 40 hours. The 40 hours is based on a payroll week, not because you work over eight hours per day or because you work on a weekend.
If an employer does not pay you these overtime benefits, you may have a legal claim for Read more . . .
Saturday, December 31, 2016
Work history, background and education credentials are among the top most often-requested bits of information solicited in a job interview. Intertwined with this conversation is usually the inquiry into salary requirements or salary history – which typically sets the tone for the subsequent pay rate accompanying an incoming job offer. However, lawmakers in states across the U.
Read more . . .
Wednesday, December 28, 2016
There is, of course, no “national language” in the United States – despite what some may argue. Nonetheless, the popular food chain Chipotle has allegedly implemented an “English only” policy in all its restaurants across the nation – including areas with a predominantly Spanish-speaking clientele and resident base. Now, a former employee of the chain has initiated a lawsuit alleging discrimination based on nation origin, which is a protected class under the Fourteenth Amendment to the U.S. Constitution.
Read more . . .
Monday, November 28, 2016
What is the status of the Labor Department's overtime rule?
In May, we reported on the sweeping changes to the so-called white collar exemptions to the overtime rule under the Fair Labor Standards Act (FLSA) for executive, professional, administrative and highly compensated employees. Now, a federal judge has blocked the Obama Administration's attempt to extend overtime pay to an estimated 4 million salaried workers.Read more . . .
Monday, November 28, 2016
Is age discrimination a problem in the tech-sector?
As parts of the workforce grows older, age discrimination lawsuits are becoming increasingly common, particularly in industries in which employers tend to be younger, such as the tech sector. In fact, according to the California Department of Fair Employment and Housing (DFEH), there have been 90 age-related lawsuits filed against a number of leading technology companies in Silicon Valley.
The wave of lawsuits has been filed against tech giants such as Hewlett-Packard, Cisco Systems, Apple, Google and Oracle, most of which claim wrongful termination, and all of these entities have denied claims of age discrimination.Read more . . .
Sunday, November 27, 2016
The contemporary workplace is rapidly evolving, but this does not mean employees can escape bad bosses, or rude colleagues. Many people mistakenly believe that a hostile work environment is one that is merely unpleasant, however, this is not the case. There are certain legal criteria that determine when a workplace is considered to be hostile.
Legal Criteria for a Hostile Work Environment
Generally, a hostile work environment is one in which the behavior, action or communication of a boss, supervisor, manager or coworker makes it impossible for an employee to perform his or her job. In addition, the hostility must be associated with legally prohibited behavior such as discrimination, Read more . . .
Sunday, November 27, 2016
What is the Freelance Isn't Free Act?
Freelancers who work in New York City often joke that the operative word in freelance is "free." This is so because they often face long delays getting paid for their work. Not only are they not paid in a timely fashion, it is not uncommon for freelancers and independent contractors to get stiffed. That's the bad news. The good news is that help may be on the way.Read more . . .