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New York Lawmakers Seek to Strengthen Worker Protections in Sexual Harassment Claims

New York legislators, spearheaded by Assemblywoman Aravella Simotas, amended the New York State Human Rights Law, broadening its scope to better protect employees. Most notably, it eliminates the requirement that workplace harassment be proven “severe or pervasive” enough to have a valid claim and eliminates the Farager/Ellerth Defense. If you have been subjected to sexual […]

Supreme Court Limits Employers’ Procedural Defense in Title VII Claims

In June, the U.S. Supreme Court unanimously ruled in Fort Bend v. Davis that Title VII’s administrative exhaustion requirement is not jurisdictional and employers may waive their right to challenge discrimination claims based on a worker’s failure to exhaust administrative remedies if such challenges are not raised promptly. The Backdrop In 2011, Lois Davis, an […]

WeWork Hit with Age Discrimination Lawsuit

A former WeWork Cos. employee has filed a lawsuit against the New York-based coworking company claiming that it hired a younger man to assume his responsibilities and terminated him after he complained about age discrmination to human resources. While it is unclear whether the aggrieved employee has a valid claim, this case highlights the growing […]

Supreme Court Asked to Consider Age Discrimination Case

As older workers remain in the workforce longer, age discrimination is becoming more pervasive, despite the protections of the Age Discrimination in Employment Act (ADEA). Now the Supreme Court has been asked to decide whether the ADEA protects outside job applicants. The Backdrop In January, the 7th Circuit Court of Appeals ruled that the ADEA […]

My boss won’t pay me over 8 hours. What are my rights?

If your employer isn’t paying you for all the hours that you’re working and you’re not entitled to be paid a salary, your employers breaking the law. The law requires an employer to pay you for all hours that you work for the employer’s benefit. Does not matter what your scheduled hours are, if you […]

What is the Fair Labor Standards Act?

The Fair Labor Standards Act is the federal law that says employees are entitled to be paid minimum wage and overtime equaling time-and-a-half the regular rate for every hour they work over 40. The law begins with presumption that everyone is entitled to overtime and carves out exemptions from that. If you do not fall […]

What is the difference between wrongful termination and being fired?

Wrongful termination by itself is not a legal claim. An employer is only breaking the law if they fire you for discriminatory or retaliatory reasons. New York is an at-will employment state that means an employer could fire you for no reason or any lawful reason and with no notice. If however, the employer fires […]

If I quit am I entitled to my unused vacation days?

The question of whether or not you’re going to get paid out accrued and unused vacation if you quit your job is really one that’s gonna be answered by the company policy. So New York has a general rule that employers should pay out accrued and unused vacation however that rule can be trumped by […]

If I get “let go” am I entitled to a severance package?

Absent of an employment agreement obligating the employer to pay you severance, there’s no legal requirement for an employer to give you severance. An employer will give you severance really for one of three reasons. It’s required under the contract, good will of trying to help you bridge that gap between your old job and […]

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