In June 2023, the U.S. Supreme Court issued a unanimous decision in Groff v. DeJoy that significantly reshaped the landscape of religious discrimination claims under Title VII of the Civil Rights Act of 1964. In short, the justices replaced the “de minimis” framework and the precedent set in Trans World Airlines,...
Gender Identity and Dress Codes: Balancing Expression and Professionalism
New York City workplaces are vibrant with diverse populations. One aspect of this diversity is the recognition of nonconforming gender identities and expressions. As society becomes more aware of the spectrum of gender identities, employers are faced with the challenges of adapting dress codes to this evolving landscape. Let’s explore the rights...
EEOC Proposes Rule on PWFA
On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule on the Pregnant Workers Fairness Act (“PWFA”). The new law, which took effect June 27, 2023, requires covered employers to provide reasonable accommodations to qualified employees or candidates affected by pregnancy, childbirth, or related medical conditions absent...
The Off-the-Clock Work Dilemma: Insights from the Perry v. City of New York Case
Every day, countless employees clock out from their official working hours but continue to work off-the-clock. This unrecorded work is a gray area for both employees and employers. However, a recent appellate court ruling has clarified the boundaries of off-the-clock work.
The BackdropIn...
Governor Hochul Sign Legislation Expanding Worker Protections
In September, Governor Kathy Hochul signed a legislative package strengthening protections for New York workers. The package covers free speech rights, wage theft, and workers’ compensation benefits.
“This legislation will help to ensure that all New Yorkers receive the benefits and protections that allow them to work with dignity,”...
Breaking Down Disability Discrimination Laws: Accommodations, Accessibility, and Inclusivity
Disability discrimination remains one of the most significant barriers in the workplace. However, it is crucial to understand that federal, state, and city laws exist to protect disabled workers from such discrimination. These laws ensure that all workers have an equal opportunity to contribute to society, regardless of their physical or...
I Was Discriminated Against Due to My Pregnancy. What are My Rights as an Employee?
It may seem surprising that pregnancy discrimination remains a pressing concern in a progressive city like New York. However, countless employees still face unjust treatment due to their pregnancy status. Let’s take a closer look at pregnancy discrimination and how to protect your rights.
What Is Pregnancy...
Combatting Sexual Harassment in the Restaurant Industry
Restaurants are essential to New York City's vibrant culture. Tourists and locals alike flock to a multitude of dining establishments, enjoying the food, ambiance, and friendly service. However, an alarming issue persists behind the scenes: sexual harassment. Many restaurant employees, from servers to kitchen staff, endure inappropriate behavior regularly. That’s the bad...
What To Know About Independent Contractor Misclassification
Businesses in New York frequently misclassify employees as independent contractors to avoid minimum wage and overtime requirements. If an employer has misclassified you as an independent contractor, it takes an experienced wage-and-hour lawyer to protect your rights. This article discusses what you need to know about independent contractor misclassification and what...
Legal Protections for Religious Dress and Appearance in the Workplace
In the contemporary workplace, the expression of religious beliefs, particularly in the form of dress and appearance, can be a delicate and complicated issue. However, religious discrimination can arise when employers challenge or prohibit religious garb and grooming practices. With the guidance of a seasoned employment lawyer, employees in New York can...