New York Employment Lawyer Blog

Our New York Layoff and Severance Lawyers recently spoke at an event to discuss the New York State Worker Adjustment and Retraining Notification Act (NY WARN) and the layoffs affecting New York employees. Since that that event, in July 2010, the New York State Department of Labor published new rules which went into effect immediately. Similar to the Federal WARN statute, under some circumstances, the NY WARN statute requires employers to provide written notice to employees when mass layoffs or plant closings are planned. The New York WARN statute is actually broader than the federal statute in that it requires employers to provide 60 days notice of eligible mass layoffs and plant closings as opposed to the Federal law which only requires 90 days notice in specific situations. Not all mass layoffs or plant closings require an WARN notice. Our employment law attorneys can assist you in determining your employment rights if you are being laid off in New York. Call now to speak with our team of employment lawyers to learn your workplace rights and determine if your employer is complying with all of its requirements under WARN.

The New York State WARN statute is more expansive in several respects than the Federal WARN statute. Not only does it require a shorter notice period, it applies to more employers (i.e., employers with 50 employees) and covers more mass layoffs (i.e., where 25 or more employees are let go) than than the Federal WARN statute. Below are some of the new rules applicable to the New York State WARN law:

1. Revisions to the required language which must be included in the WARN Notices. These notices must be provided to affected employees. The notice must include specific language.

2. Employers are now required to issue a "rescission notice" to affected employees if after a WARN Notice is issued, the employer decides to continue operations. This is not required under the federal law.

3. Officers, shareholders and directors are not considered "affected employees" under the NY statute and, as such, are not required to receive a WARN Notice. In addition, officers, shareholders and directors are not counted towards the minimum employee requirements to determine if an employer is covered by the New York State WARN statute. This rule change may turn some employers into exempt employers and remove the need for them complying with the state WARN statute.

4. If an employer assets a mitigation defense or exemption under the statute, it must provide written documentation supporting its defense and/or exemption.

5. The applicable number of employees is often subject to change and sometimes confusion. The new rules state that the number of employees are to be counted and considered for exemption purposes when the first notice would be required. For example, if an employer had 45 employees when a notice would have been required, it may be exempt under the state law because it had fewer than 50 employees.

These layoff requirements are technical in nature. It is not always easy to understand if your employer has been complying with them during a stressful time. Many employers fail to follow the requirements. Even law firms have been the subject of WARN complaints. Our New York employment law attorneys can guide you and protect you. Call now (800) 893-9645.

Disclaimer:
Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

Q: Am I entitled to Holiday Pay?

A: It may depend on the state where you work and your employer's policies. Call now to speak with one of our Employment Law Attorneys to learn your workplace rights. Generally, there is no federal law that requires employers to pay provide paid time off on holidays. However, most employers offer some level of holiday pay to their employees to attract and retain high quality candidates. Some states require employers to notify its employees of its holiday pay policy. For example, in New York, pursuant to New York Labor Law, employers are required to notify its employees regarding is policy on sick leave pay, vacation pay, personal leave pay, holiday pay. These notifications are typically included in the employee handbook.

Q: My Boss Won't Pay Me Holiday Pay Because I Didn't Work the Day After the Holiday - Is that Legal?

A: It may depend on the state where you work and your employer's policies. Generally, employers are allowed to create conditions on the payment of holiday pay. For example, an employer can require an employee to work the day before and after a holiday to receive holiday pay. An employer may also institute a uniform waiting period such as 90 days before employees can receive holiday pay. Call now to speak with one of our Employment Law Attorneys to learn your workplace rights.

Q: My employer offers holiday pay - will I receive a premium pay rate for working on a holiday?

A: It depends on your employer's policies. Generally, your employer is not required to offer extra compensation for working on a holiday. That being said, most employers do provide premium pay on working on a holiday to remain competitive in the employment marketplace.

Q: Does my employer have to offer the same holiday pay benefits to full-time employees and part-time employees?

A: No. Generally, an employer can create a non-discriminatory uniform employment policy to offer different levels of holiday pay benefits to its classes of employees. Call now to speak with one of our Employment Law Attorneys to learn your workplace rights.

Continue reading "FAQ's on Holiday Pay - Are Employees Entitled to Holiday Pay & More Q&A's..." »

Our New York Employment Law Attorneys previously wrote a Blog about employee rights and protections under the FMLA. In light of a recent ruling from the Department of Labor ("DOL"), this post is an update explaining the new implications of the ruling.

Given today's changing society and the increase in non-traditional families, the DOL recently issued an Interpretation regarding the definition of "son or daughter." This Interpretation is not a change to the existing Act but is a clarification of the Act. The new interpretation allows an eligible employee leave to care for his or her same-sex partner's son or daughter because of a serious medical condition as well as for the birth or adoption of a child, even if the employee has no legal or biological connection to that child.

Under the FMLA, eligible employees can take up to 12 weeks of job protected leave to care for the birth, adoption, or a serious health condition of a son or daughter. The FMLA defines a "son or daughter" as a "biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis."

The DOL's Interpretation clarifies the term "in loco parentis" which refers to a person who acts as a parent taking on the daily responsibilities and duties of caring and financially supporting a child. In loco parentis is a term generally used to refer to grandparents, uncles, aunts, brothers and sisters. The Interpretation now extends the term to an employee who acts or takes on the responsibilities of a parent but has no legal or biological relationship to the child.

The new Interpretation is a great win for children growing up in non-traditional homes who will now have an additional "parent" who can take up to 12 weeks of unpaid leave when their same-sex partner's children are born, adopted or ill. According to the U.S. Census Bureau's American Community Survey and the Bureau of Labor Statistics, 51,000 families will be affected by this Interpretation and about 102,000 children will benefit from the ruling.

If you are in a same-sex relationship and are involved in the care and support of your partner's child, you may be eligible for job protected leave in the event of your partner's child's birth, adoption, or illness. Whether you're an eligible employee is dependant on various factors and the facts of your specific case. If you are an eligible employee, the FMLA makes it illegal for your employer to discriminate or retaliate against you for exercising your rights. If you or anyone you care about has suffered from employment discrimination, please contact our experienced New York FMLA Attorneys at Villanueva & Sanchala.

Continue reading "Employee Rights: Family and Medical Leave Act ("FMLA"): Expansion of Rights to Same-Sex Partners" »

Late Night With Jimmy Fallon star is facing a sexual discrimination lawsuit by a former male employee. Paul Tarascio, a veteran stage manager for Fallon, who worked 14 years on Late Night With Conan O'Brien, claims he was demoted after a show executive told him that "Jimmy just prefers to take direction from a woman." This case represents a continuing trend where men are becoming more comfortable in asserting their employment rights in the workplace. If you have been sexually discriminated against or suffered from workplace harassment, call (800) 893-9645 to speak with our team of Employment Discrimination Attorneys and learn your workplace rights.

Tarascio filed a sexual discrimination complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights (NYSDHR) alleging he was demoted from first stage manager to second stage manager in July 2009, and subsequently fired and replaced by a less qualified woman. Tarascio alleged that NBC failed to investigate his internal complaints of sex discrimination.

Given the increased awareness of gender discrimination and workplace harassment, men are less hesitant to complain about being discriminated against because of their sex. The Jimmy Fallon case and other similar cases are no surprise and will inevitably rise. In fact, the EEOC recently filed a case, EEOC v. Tidewater Plastering and Drywell Co., Inc where a male construction worker claimed that his foreman sexually harassed him and told him he would lose the next job if he didn't sleep with him. Also in the news, in EEOC v. Luxottica Retail, a male employee has accused his employer, Lenscrafters, of ignoring his claims of sexual harassment because he is a man.

According to the EEOC, from 1990 to 2009, the percentage of sexual harassment claims filed by men doubled from 8 percent to 16 percent of all claims. A majority of these charges filed by males involve allegations of males harassing other males. One of the factors contributing to this rise may be the that twice as many men as women have lost their jobs since 2008. Given the recent economic downturn and changes in how society views men, more and more men are complaining about being treated differently as well as not having the same opportunities as women. Another issue on the rise is men who are not given the same time off as women to take care of children or an ill family member.

In this day and age, equal opportunity and equal employment refers to both men and women regarding all aspects of employment. Call (800) 893-9645 to discuss your case with our employment law attorneys, who have prosecuted and defended many cases of gender discrimination and sexual harassment.

Continue reading "Sexual Discrimination Lawsuit Against Late Night With Jimmy Fallon Star " »

We previously wrote a Blog about home health care workers who filed a class-action lawsuit to recover unpaid wages. This post is an update regarding overtime wage protection for home health care aides.

The Department of Labor ("DOL") is preparing proposed legislation to cover home health care aides and workers who provide companionship service. The legislation is expected to be introduced in late 2011. Home health aides are currently not protected by federal minimum wage and overtime laws. However; the home health aides are protected under New York State law and entitled to an industry specific overtime rate.

The Fair Standards Labor Act was enacted in the 1940's and some argue that it is antiquated for today's times and employees. Earlier this year, the DOL announced it would introduce legislative updates to provide more clarity and greater compliance to increase employment awareness among employees. As part of this update process, the DOL proposed introducing new legislative protections for live-in domestic employees and employees who are considered to be industrial home care workers under FLSA.

Our New York Overtime Attorneys protect employees throughout New York, New Jersey and Connecticut. Call us now for a no-cost telephone consultation.

Continue reading "Overtime Legislative Update: Overtime Protections under FLSA for Home Health Care Aides " »

WCB UPDATE: If you have received a penalty, a notice of judgment or fine by the WCB, check out our FAQs. Call one of our experienced attorneys for a free telephone consultation at (800) 893-9645.

This summer, the Enforcement Unit of the New York State Workers Compensation Board (WCB) is issuing more and more judgments and penalties against small businesses. Call now for our New York Workers Compensation Board Defense Attorneys to protect your business and personal assets. This Blog post is an update from our prior post which detailed the serious issue of WCB fines and penalties affecting small businesses.

In a ridiculous effort to raise money for the bankrupt state, New York is fining businesses for violating the following statutes:

• Failure to Secure Workers' Compensation Insurance Coverage (Workers' Compensation Law Section 52(5);
• Failure to Secure Disability Benefits Coverage (Workers' Compensation Law Section 220);
• Failure to Keep Required Employment Records (Workers' Compensation Law Section 131); and
• Failure to Post Notice of Workers' Compensation Coverage (Workers' Compensation Section 51).

Most of the penalty amounts were increased to $2,000 for every 10 day uninsured period. These draconian penalties and judgments are causing many stores to close their business. However, that does not stop the state from its collection efforts as the business owners are personally liable for these fines and penalties. Business owners could be exposed to criminal penalties as well. There are many defenses available to business owners. Our New York State Workers' Compensation Board Attorneys have protected many business owners from these excessive fines and can defend you and your business too. Call now (800) 893-9645 for a no-cost telephone consultation.

Continue reading "Part Two: Protect Your Small Business from Excessive Workers' Compensation Board (WCB) Judgments and Penalties" »

Meat processing giant Tyson Foods ("Tyson") and the U.S. Department of Labor recently entered into an agreement to resolve a lawsuit dating back to 2002 which accused Tyson of violating the Fair Labor Standards Act ("FLSA"). The DOL alleged that Tyson violated the federal labor law by failing to pay production line workers for time spent putting on and taking off compulsory safety gear, referred to as "donning and doffing" in the meat and poultry industry.

The settlement agreement, which is subject to court approval, would require Tyson to pay its employees for time they spent putting on and taking off protective and sanitary items, time they spent washing and sanitizing themselves and items, as well as time spent walking and waiting throughout the day. Tyson would also be required to pay almost 3,000 workers $500,000 in overtime back wages under the FLSA. The nationwide injunction also requires Tyson to gradually modify its timekeeping practices at its plants over the next two and half years. Tyson will temporarily provide 8 or 12 minutes of extra pay per shift to its hourly workers. By December 2012, Tyson has agreed to implement a permanent solution for workers to clock in before they put on safety gear and clock out after they remove the gear. According to our New York Overtime Lawyers, this settlement could impact and benefit many employees in the New York Tri-State Area.

Tyson is one of the largest meat processing companies in the world, selling chicken, beef, and pork in the US and over 90 countries in the world. It is a major supplier to restaurant chains including McDonalds.

This injunction comes just months after the nation's largest poultry processor, Pilgrim's Pride, agreed to a $1 million settlement for back wages to 798 former and current processing workers for time spent putting on and taking off work related gear. Taken together, both cases have far reaching implications subjecting the nation's two largest poultry processors to judicially enforced requirements to pay its employees in compliance with the FLSA. The agreement in Tyson and the $1 million Pilgrim's Pride settlement are a great victory for workers not getting paid their rightful wages. It also may be a win for workers in other industries, such as home health care aides and waitresses, with unfair timekeeping practices. This could also impact computer service representatives who have to start their computer systems before their shift begins and shut down after their shift ends. Clearly, it is better to for employers to implement timekeeping procedures on its own terms and schedule than to have them judicially enforced. These two cases send a strong message to other industries violating wage and hour laws.

If you are not getting paid for work-related activity, you may be able to collect your back wages. In 2008, more than 197,000 employees collected a total of $140.2 million in minimum and overtime back wages because of federal labor law violations. If you or someone you care about has experienced any type of wage and hour or overtime violation at the workplace, call our New York Overtime Attorneys at (800) 893-9645 to discuss your possible case.

Continue reading "Wage and Hour Violations News: Poultry Giant Tyson Agrees to Pay Back Wages & Nationwide Injunction " »

If you are pregnant, willing and able to work, actively searching for employment, and also fulfill the criteria set forth below, you are eligible to collect unemployment insurance benefits ("UIB"). It is against Federal and State law to discriminate against or deny you UIB because you are pregnant.

UIB provides eligible workers with temporary income while they are actively searching for their next job. In order to be eligible for UIB, New York State law provides that you meet the following criteria:

• You are able and available for work and are actively seeking employment;

• You are not subject to any disqualifications or suspensions of benefits. For example, if you are retired, receiving a pension and are not actively searching for employment, you are not eligible for UIB;

• You worked and were paid wages for employment in at least two calendar quarters in your base period and were paid at least $1,600 in wages in one of the calendar quarters;

• You lost your job due to lack of work, reduction in the work force, company downsizing, or restructuring. You are ineligible for UIB if you quit your job or your were fired for violating company policy, procedure or for insubordination; and

• Your previously established benefit year has expired.

If you meet the above criteria, your pregnancy has no bearing on your right to collect UIB. In fact, you are not required to disclose your pregnancy unless it affects your ability to perform your job in your usual field of work. If your pregnancy prevents you from working, then you must inform the Telephone Claims Center. For example, if you are pregnant and lost your job and your physician says that due to pregnancy related medical reasons, you are unable to work, you cannot file a claim for UIB.

If you are being denied your right to UIB because you are pregnant or for any other discriminatory reasons, contact our experienced Labor and Employment Law Attorneys at (800) 893-9645 to determine if you have a valid claim. Our attorneys have helped thousands of employees collect their rightful benefits.

Continue reading "New York Pregnancy Discrimination and Eligibility for Unemployment Insurance Benefits" »

We previously wrote a blog about negotiating severance agreements and severance packages. This follow-up post specifically deals with the issue of unemployment insurance benefits and severance agreements.

In New York State, you are generally not disqualified from receiving unemployment insurance benefits if you are at the same time receiving separation related benefits such as severance pay or a severance package. However, if your severance package constitutes receipt of your full salary and exactly the same benefits that you received while you were working with the understanding that the salary and benefits will discontinue if you get a job elsewhere, then you are disqualified from receiving unemployment insurance benefits. Some employers do this to prevent you from double dipping and collecting both a severance package and unemployment insurance benefits, but most severance agreements do not have this provision. Your employer's payment to you of unused accrued vacation time will not affect your eligibility for unemployment insurance benefits.

It is important you carefully examine any limitations receiving severance pay may place on your right to unemployment benefits. Effectively negotiating your severance agreement could affect your future employment status as well as your financial health. Our attorneys can help you analyze your severance package including your non-compete clause, stock option payments, right to positive reference, as well as any releases or waivers. For example, if you think you might have an employment discrimination lawsuit, one of our New York Severance Contract Lawyers can help you figure out if you have a valid lawsuit before you sign a release or waiver to discrimination claims you might have against the company.

Our New York Severance Pay Attorneys can help you negotiate critical terms such as the duration and manner of your severance pay. Before you sign a severance agreement, contact one of our experienced Severance Agreement Attorneys at (800) 893-9645 to help you read the fine print to make sure you are not limiting your right to unemployment benefits or other important legal options.

Continue reading "New York Severance Pay Follow-Up: Does receiving severance pay disqualify me from being eligible for Unemployment Insurance Benefits in New York State? " »

The goal of most job interviews is to obtain important information about a candidate to determine if he or she is capable of performing the job requirements without crossing the line into illegal questions. An interviewer's questions must be related to the job that is being applied for. An interviewer cannot ask questions about a person's age, race, national origin, gender, disability, sexual orientation, or religion. The following are the top 5 things that an interviewer may want to know about a potential employee but cannot directly ask:

1) If you get pregnant, will you come back to work full-time after maternity leave?

This is a totally illegal question that can land you in the hot pot for discrimination. In fact, pharmaceutical giant Novartis learned the hard way, in the form of a $250 million award for punitive damages and an award of $3.6 million for compensatory damages for gender and pregnancy discrimination. Instead of this question, consider asking the following to all applicants:

What are your long-term career plans?
Is working overtime a problem for you?
If required, can you travel on short notice?

2) Are you married?

This question is often aimed at women to try to find out if they have a family and kids and whether this will interfere with their job responsibilities. This question is also used to find out a person's sexual orientation. Either way, it is discriminatory and should not be asked. Instead, ask the following:

What are your long-term career plans?
Are you available to work overtime and weekends?

3) What religion do you practice?

This is a clearly prohibited question and could also land you in court on a discrimination claim. Religious accommodation and discrimination claims are on the rise. This may be an important question in your decision making process if a person's religious beliefs are going to affect his or her work schedule. For example, it may be beneficial to know that a potential employee cannot work after 6 p.m. or every Wednesday, which might be a crucial deadline day. Instead, you might want to ask the following:

Are there any constraints on your work schedule?
Are you available to work every day?

Continue reading "Top 5 Illegal Job Interview Questions " »

Peri Software Solutions, Inc., a New Jersey based IT company, and its President, Sarib Perisamya, were issued significant penalties by the United States Department of Labor for alleged violations of the immigration provisions applicable to H-1B employees. In total, Peri Software and Mr. Perismya received penalties and fines close to 1.5 million dollars for unpaid back wages to over 150 employees. Under the H-1B visa immigration guidelines, Companies can hire foreign workers for limited terms to perform certain professional occupations such as IT programmers, engineers, and physicians. As part of the program, Companies must pay H-1B employees the same wage rates paid to U.S. workers who perform the same types of work or the prevailing wage rate in the areas of intended employment, whichever is higher.

According to the investigation, the Company failed to follow the program guidelines to pay the required prevailing wage to its H-1B computers analysts. Further, it was determined that the Company caused employees to sign under duress employment agreements which included unreasonable penalties if employees left employment. Not only did the Company fail to pay its H-1B employees, it sued them for breach of its unreasonable penalty provisions in the employment agreements. Due to the serious nature of these actions, the Company was also assessed a civil penalty of over $400,000.00 and it may barred from hiring H-1B employees in future years.

It is an outrage that Peri Software and other companies take advantage of H-1B employees who are new to the country and unaware of their legal rights. Our employment law attorneys have represented many H1-B employees to protect their rights and continue their employment without being harassed by unscrupulous employers. Call our attorneys now to discuss how we can protect your job, assert your employment rights and defend you in a lawsuit if your employer is trying to force you a pay penalty for leaving your job. Many of penalty provisions in these types of employment agreements may be unenforceable.

Continue reading "New Jersey based Software Company issued significant penalties for abusing H-1B workers by not paying back wages and trying to enforce unreasonable penalty provisions in employment agreements" »

Aside from a few exceptions set forth below, your employer can fire you for any reason, no reason, or even unfair reasons at any time. Under this doctrine of "employment at will," you can also quit at any time without having to give a reason.

In terminating your employment, your employer may not violate any state or federal laws, collective bargaining agreements or any employment agreements. Although your employer can fire you for no reason, he may not fire you for a prohibited illegal reason. For example, discrimination based on race, gender, pregnancy, national origin, age, disability, retaliation and sexual orientation is illegal under both New York State Law and Federal Law. For example, your employer cannot fire you because he or she feels you are now too old and wants to replace you with a younger worker and a workforce that has more "energy." Similarly, your employer cannot discharge you because he or she just learned that you are homosexual or lesbian and wants only "straight" employees. In many cases, it is not obvious that your employer is discharging you for an illegal discriminatory reason. An employer will not state that you are being terminated because you are woman or some other member of a protected class. Our skilled employment law attorneys are familiar with the fact patterns and scenarios involving illegal workplace terminations. If you suspect that your employer has terminated your employment based on discriminatory reasons, one of our experienced Employment Discrimination attorneys will work with you to determine if you have a potential employment law claim. Our attorneys have helped thousands of employees with workplace discrimination, harassment, wrongful terminations and other disputes.

Another exception to the at will employment doctrine is New York Labor Law Sections 740 and 741, New Jersey Conscientous Employee Protection Act and Connecticut General Statute Section 33-1336, which protect you if you are fired for "whistleblowing" about employer committing specific illegal activities. For example, under New York State Labor Law Section, your boss may not fire you if you reported a violation of law that causes a substantial and specific danger to public health and safety. However, you must have brought this to your supervisor's attention and given him or her a reasonable opportunity to correct the wrongdoing before complaining to a public agency. The New Jersey State Statute CEPA is more broad and generally affords greater protections to employees. If you have complained about a Labor Law violation and were subsequently terminated, talk to one of our experienced Labor and Employment Law Attorneys at (800) 893-9645 to determine if you have a claim for unlawful retaliation.

Continue reading "Does my employer have to give me a reason for firing me?" »

In today's age of increasing communications technology and Internet surfing, misuse of workplace equipment can lead to a major loss of productivity for many businesses. Statistics show that the Playboy home page is one of the most visited web sites between 9 a.m. and 5 p.m. Such adult sites, sexually explicit e-mails, and social networking can result in financial losses through workplace sexual harassment and employment discrimination claims. A 2007 survey found that two thirds of employers monitor their employees' web site visits to prevent inappropriate surfing. Today's technology offers employers various methods to monitor not just telephone calls, text messages, pagers, Internet usage, but also keystrokes and time spent at a keyboard. However, with various tools at their disposal, employers face a dilemma in how closely to monitor their employees to ensure that their employees are performing their jobs and not overstep the boundaries of workplace privacy.

The United States Supreme Court recently held in the case City of Ontario v. Quon, that a public employer has a right to read text messages sent and received by its employees on employer-owned pagers. In Quon, the City of Ontario distributed pagers to its police officers with texting capabilities. The City instituted a policy that employees should not have any expectations of privacy or confidentiality, which Quon acknowledged with a written statement. When Quon and other police officers exceeded their monthly quota of texts, the City audited the text messages to determine if they needed to change their plan or if the higher charges were caused by personal use. The City found that Quon had misused the pager by sending and receiving hundreds of personal texts, many of which were sexually explicit. Quon sued the City alleging a violation of his right to privacy under the Fourth Amendment of the United States Constitution.

In a very narrow ruling, the Supreme Court held that even if a public employee has an expectation of privacy, an employer's intrusion "for non-investigatory, work-related purposes, as well as for investigations of work-related misconduct, should be judged by the standard of reasonableness under all the circumstances." Rather than addressing the issue of privacy at the workplace, the Court based its decision on the City's reasonableness of the search and its legitimate purpose.

Continue reading "Can I read my employee's e-mails, texts and communications in the workplace?" »

Approximately 80 current and former high ranking female executive employees of Bloomberg L.P., a multi-billion dollar news and financial services company, are fighting a class-action pregnancy discrimination lawsuit against the Company. The female employees allege that Bloomberg violated Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act, by engaging in a pattern or practice of demoting and reducing their pay after they became pregnant and returned from maternity leave. Further, the female employees allege that pregnant women and new mothers were excluded from management meetings, denied promotional opportunities, and subjected to stereotyping about their abilities to do their jobs because of preconceived family responsibilities. According to the lawsuit, one female employee received the worst performance review of her career after her first son was born and was then subjected to a hostile work environment with comments such as -- "What is this, your third baby?" Although the female executives filed internal complaints of pregnancy discrimination to Bloomberg's human resources department, Bloomberg refused to take any corrective action.

The female employees allege that Bloomberg created a "systemic, top-down culture of discrimination" by unfairly valuing physical traits of female executives in a discriminatory manner. The Company's founder, New York City's Mayor, Michael Bloomberg, testified at his deposition and denied the allegations. If the female executives are successful, the female executive could obtain monetary relief, an order requiring the company to implement new policies and practices to prevent discrimination, training on anti-discrimination laws, posting of notices, and injunctive relief.

The Bloomberg case is just one of many pregnancy discrimination cases across the United States. The number of pregnancy discrimination cases is on the rise and at near record levels. There is a greater awareness of rights afforded to victims of pregnancy discrimination. Pregnancy discrimination is a form of gender discrimination. Call now to learn how our Pregnancy Discrimination Lawyers can protect you in the workplace.

Just as it is illegal to discriminate based on race, religion, gender, age, disability, sexual orientation or national origin, it is also illegal to discriminate against or stereotype pregnant women. The United States Supreme Court has noted that women "may not be forced to choose between having a child and having a job." Title VII prohibits employers from making adverse employment decisions based on stereotypical views of pregnancy and its effect on job performance. For employers, this also means avoiding inappropriate comments about pregnant women. For example, not every woman is going to work part-time after coming back from a maternity leave nor is it proper to make comments that a woman can't do the job as well as she did before she got pregnant.

Continue reading "New York Class-Action Pregnancy Discrimination Lawsuit Against Media Giant Bloomberg L.P." »

It is startling to see how prevalent age discrimination is in today's workplace. Not only has the EEOC reported an increase in the number of age discrimination complaints filed, there are constant reports of age discrimination in the New York Metro Area including allegations that the news director at WPIX, local television channel 11, illegally fired older employees including anchors Karen Scott, Kaity Tong and Sal Marchiano. Other recent cases include Long Island Firefighters filing a class-action age discrimination lawsuit against the Villages of Bayville, Mill Neck and Centre Island for differential treatment regarding benefits. That case was settled and each firefighter in the lawsuit may receive approximately $200,000.00. Previously, Eaton's Neck in Long Island's Suffolk County settled a similar case for over $200,000.00. Just earlier this week, seven former Rensselaer Polytechnic Institute employees filed an age discrimination lawsuit against RPI and allege that the layoffs targeted older workers.

Anyone can be a victim of age discrimination - it knows no boundaries as to race, gender, religion, industry or geographic area. Age discrimination can occur at any point in the employment relationship from application, hiring, discipline and termination. Some common examples of age discrimination include -

1. Your prospective employer asks your age on an employment application (it is surprising how many employers still make this mistake and ask this illegal question on the application or during the recruiting phase.) You should refuse to answer this illegal interview question.

2. Your employer lays off the oldest workers solely because the oldest workers are making the highest salaries.

3. Your boss denies an older worker the right to take a training seminar or additional educational courses but allows younger employees or otherwise invests in their future career prospects. This occurs often in the corporate workplace.

Continue reading "Age Discrimination on the Rise in New York, New Jersey & Connecticut" »