NYC Employment Law Blog

New York High Court Upholds “13-Hour Rule” for Home Health Aides

In a highly anticipated ruling, the New York Court of Appeals recently upheld the Department of Labor’s 13-hour rule governing home health aides who work shifts of 24 hours or more. The high court reversed two appellate division rulings overturning the rule, which is seen as a victory for the state’s home health industry. Nonetheless, […]

  • Posted on: Apr 22 2019
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Second Circuit Says ADA Allows for Hostile Workplace Claims

In March, the U.S. Court of Appeals for the Second Circuit ruled that hostile work environment claims are viable under the Americans with Disabilities Act (ADA). The Second Circuit, which had yet to actually rule on the issue, is now in accord with similar rulings by the Fourth, Fifth, Eighth, and Tenth Circuits. While a […]

  • Posted on: Apr 15 2019
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New York City Moves to Protect ‘Black’ Hairstyles in the Workplace

The New York City Commission on Human Rights recently issued guidance warning employers that prohibiting or restricting natural hair styles associated with African-Americans is a form of unlawful racial discrimination under the New York City Human Rights Law.  If you believe you have been treated less favorably than others under an employer’s grooming policy, you […]

  • Posted on: Mar 26 2019
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Greater Legal Protections Coming for New York City Fast Food Industry Workers

The New York City Council is considering legislation that would extend protections for fast food workers against wrongful termination. Since recognizing fast food workers as a special class in 2016, Council members have been advocating for extending benefits and protections to these employees and reforming workplace practices in the industry. If passed, these measures could […]

  • Posted on: Mar 19 2019
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EEOC Says Sexual Harassment Claims Are on the Rise

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment complaints are on the rise. In 2018, sexual harassment claims filed with the EEOC increased by more than 13 percent over the previous year while the number of lawsuits involving sexual misconduct filed by the commission doubled. If you have been subjected to sexual harassment […]

  • Posted on: Mar 12 2019
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Can I be fired because of my religious beliefs?

When people hear of discrimination in the workplace, it’s often in the context of race or gender discrimination. Religious discrimination is, however, common – as a recent case in Ventura County California demonstrates. The former director of Ventura County Animal Services claims she was wrongfully terminated in 2018 because she refused repeated and unwanted requests […]

  • Posted on: Mar 5 2019
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New York Lawmakers Extend Legal Protections to Transgender Community

After a protracted legislative battle spanning 16 years, the New York state legislature finally passed a bill legislation protecting transgender individuals from discrimination, the Gender Expression Non-Discrimination Act (GENDA). The measure, first introduced more than a decade ago, had passed the Democrat-controlled assembly numerous times. Prospects for passing GENDA shifted dramatically with the 2018 midterm […]

  • Posted on: Jan 18 2019
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In Focus: Age Discrimination in the Technology Sector

There are two overarching trends in the contemporary workplace, particularly in the technology sector: an influx of new workers (millennials and generation Y candidates), combined with an aging workforce. As such, reports of age discrimination are on the rise, and age-related lawsuits are becoming more common. Don’t be fooled into thinking age discrimination is limited […]

  • Posted on: Jan 15 2019
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In Focus: Wrongful Termination

In New York, people who work hard to make a living are often unaware that they work “at will.” In other words, they can be fired at any time, without good cause, or for any reason at all. Obviously, employees can be fired for legitimate reasons — layoff, poor performance, or violations of company policy. […]

  • Posted on: Jan 8 2019
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Should I Sign a Severance Agreement?

If you are terminated, laid off or resign from your job, you may be asked to sign a severance agreement. Before doing so, you should consult an experienced employment law attorney to ensure that your rights are protected. What is a severance agreement? A severance agreement is a contract between an employer and employee clarifying […]

  • Posted on: Jan 1 2019
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