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With COVID-19 vaccination rates increasing and cases trending downwards recently, the light at the end of the pandemic tunnel is getting brighter. Many New Yorkers are eager to return to a pre-pandemic lifestyle. However, not everything will look the same. For instance, your employer could require you to be vaccinated against COVID-19 before returning to work. EEOC weighs in on mandatory vaccinations The Equal Employment Opportunity Commission recently provided vaccination guidance for employers across the U.S. The…
Treading water is a good thing, right? That is certainly a reasonable assumption in a sink-or-swim situation, but swimming in place hardly seems a victory if others are lapping you in the pool. Now, imagine that swimming pool as the American labor market. Legions of male employees in New York and across the country might not readily connect with an on-the-job analogy that underscores simply staying afloat. Many women will, though. And here’s why: According…
Workers in New York whose wages are at or just above minimum wage struggle every day to earn a living for themselves and their families. Things only get tougher when their employer commits wage theft against them. Unfortunately, this insidious practice is widespread among some of the United States’ largest corporations, who tend to target their lowest-paid employees, according to a new study discussed by ABC News. How companies steal millions of dollars in wages every…
Employees have legal protections against workplace discrimination. These protections shield them from unfair treatment on the basis of a protected class. However, discrimination still happens. And when it does, the actions employers do or do not take will dramatically affect whether they resolve or exacerbate the situation. Below are some common mistakes that employers make in these scenarios. They do not take it seriously When someone or reports discrimination to their boss, the expectation is…
Employer misclassification of workers as independent contractors – rather than as employees – is a common phenomenon in the U.S. Contractors cost employers far less than employees, as under federal law independent contractors are not entitled to certain guaranteed wages and other benefits. Some estimates indicate that 30% or more of employers misclassify their workers as independent contractors. As the gig economy has grown exponentially in recent years, worker misclassification is depriving an increasing swath…
Employer-related sexual harassment cases surface in some of the most shocking situations. Consider a recent California lawsuit, in which a fast-casual restaurant worker alleges that she was pressured into stripping to her underwear at a company-sponsored seminar while strangers and colleagues gawked at her. She filed a lawsuit in February, claiming to be a victim of sexual battery and suffering from emotional duress. The case involves a former worker at a Los Angeles-area Panda Express.  in…
Whether employees receive individual tips or share contributions to a tip jar, workers in restaurants, coffee shops, and other establishments often depend on tips to ensure that their pay is fair. In some cases, employers establish a tip pooling policy to distribute those tips among their employees. These pooling policies, however, must meet specific legal requirements. What are the legal requirements for tip sharing? In order to mandate tip sharing and tip pooling, employers must…
Technological advancements have drastically transformed every industry. Companies in every space have social media profiles; they do online marketing; they save files and data in the cloud; and most of their employees need some level of technical proficiency. Stereotypes linking age and technical ability Technological innovation can create some problems, though, as it pertains to older workers. In a technological world, older workers may feel that their employers are passing them over or replacing them…
A recent article by Law360 quotes our principal attorney, Kenneth Katz, as he describes possible consequences of shift changes and lateral transfers being viewed as workplace discrimination if they stem from a place of bias. Recently, the U.S. Equal Employment Opportunity Commission (EEOC) has been pushing for courts to rule as such. This would allow for a new and expanded interpretation of Title VII.…
For professional working women, the prospect of starting a family might seem risky. You might worry about limiting your advancement prospects by taking maternity leave. You might even worry that your employer will terminate you when they learn that you are pregnant, in order to avoid having to grant you maternity leave at all. Luckily, a number of state and federal laws protect your ability to start a family without risking your career. Anti-discrimination statutes…