Earlier this month, Governor Andrew Cuomo signed into law a 2019 budget implementing provisions of the previous budget. In compliance with state standards, the amended New York budget now obligates employers in the state to: Distribute a written sexual harassment policy; and Perform annual sexual harassment training. The new budget amends the New York Civil […]
Although for some the standard of a 9-5 work day still rings true, a large number of employees are now finding it more and more difficult to unplug after they leave the office. From refreshing emails to making phone calls, work is no longer left at, well…work. This holds true for some individuals even on […]
Victims of sexual harassment often suffer emotional distress. The extent of the distress understandably varies, as do the awards. But the law does provide for compensation for emotional distress. A plaintiff who prevails on a sexual harassment claim under Title VII of the Civil Rights Act, the New York State Human Rights Law, or the […]
Sexual harassment exists in every industry, but it is more prevalent in a few. On May 20, 2018, 60 Minutes aired a piece on sexual harassment in the restaurant industry focusing on claims against Mario Batali and the Spotted Pig Restaurant. In that 60 Minutes segment, several women accuse Mario Batali of sexually harassing them […]
How do different statutes define sexual harassment? An employee working in New York City can bring a sexual harassment claim under three statutes: the federal law called Title VII of the Civil Rights Act of 1967; the New York State Law called the New York State Human Rights Law; and the New York City law […]
New York City Mayor Bill de Blasio, on May 9, 2018, signed into law the Stop Sexual Harassment in NYC Act. This law is a part of a larger package of bills with the goal of stopping sexual harassment in the workplace. Some parts of the Act take effect immediately, while others phase in over […]
What actions constitute sexual harassment? The #MeToo movement has gone viral, prompting people everywhere to publicly disclose instances of sexual harassment, especially in the workplace. The movement was born shortly after allegations of sexual harassment were brought against Harvey Weinstein. The purpose of the #MeToo movement was to empower women. Now millions of women and […]
President Trump recently amended the federal wage and hour law, to prohibit managers and supervisors for participating in tip pooling arrangements under any circumstance, whether or not the employer takes a tip credit (i.e., employers pay less than full minimum wage and employees earn the difference in tips). In other words, employers, including managers and […]
Governor Cuomo is expected to shortly sign into law a bill that is designed to increase the transparency of sexual harassment complaints in the work place and to stop sexual harassment. The law will prohibit employers from requiring employees to arbitrate sexual harassment claims, prohibits the inclusion of non-disclosure agreements in settling sexual harassment claims, […]
On March 16, 2018, the Second Circuit made clear, in Chauca v. Abraham and Park Management Systems, LLC, that Title VII’s standard for assessing punitive damages does not apply to workplace discrimination claims brought under the more liberal New York City Human Rights Law. In reaching this holding, the Second Circuit reversed a lower court’s […]
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