Study Shows Gender Pay Gap Widens When Taking Bonus Pay into Account

ADP Research Institute® announced it recently released the Rethinking Gender Pay Inequity in a More Transparent World study, which found that the pay gap that currently exists between men and women increases when bonus pay is added into the mix.

The study, which followed 11,000 exempt new hires – both male and female – who worked for the same company from the quarter of 2010 to December 2016, found that, on average, men earn $15,000 more in base salary than women do, which is a 17% discrepancy. When bonus pay is included, bonuses for men are 69% greater, widening the overall pay gap to 19%.
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Inflammatory Bowel Disease May Result In Reasonable Accommodations

According to the Crohn’s & Colitis Foundation of America (CCFA), there will be an estimated 1.6 million new cases of inflammatory bowel disease diagnosed in the United States this year. Inflammatory bowel disease is an umbrella term that refers to intestinal disorders that cause prolonged inflammation that result in anemia, ulcers, diarrhea, bowel obstructions, colon cancer, fistulas, and malnutrition.

The American with Disabilities Act (ADA), prohibits discrimination against individuals with a qualified disability. The ADA applies to employers with 15 or more employees.  Federal employees are afforded protections under the Equal Employment Opportunities Commission (EEOC). In addition, the New York Human Rights Law (NYHRL) provides, “It shall be an unlawful discriminatory practice for an employer to refuse to provide reasonable accommodations to the known disabilities of an employee.” (Executive Law 296(3).)
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LGBTQ Workplace Discrimination

Throughout the past few decades, North American society has become diverse. While many employers are able to see the benefits in honing a diversified team, these wide-spread movements towards equality in the workplace are raising concerns about maintaining the status-quo when welcoming LGBTQ employees into their ranks.

If you or someone you know has fallen victim to workplace discrimination based on sexual orientation or sexual identity, it is important to consult a skilled employment law attorney who can fight to enforce the rights you are entitled to. The Employee’s Lawyer™, Steven Mitchell Sack, has successfully handled thousands of employment law cases for more than 38 years and will help guide you through all aspects of employment law. To schedule a consultation, call our office at (917) 371-8000 or fill out his contact form.

Paid Bereavement Leave

Bereavement leave refers to when an employee takes time off of work to grieve and mourn the loss of a spouse, child, or close family member. There are only two states which offer some form of bereavement leave to its workers, which are Oregon and Illinois. However, New York may become the third state to offer a form of bereavement leave.
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The Job Interview: Questions that are Necessary and Questions that are Off-limits

Interviewing for a job can be nerve-wracking. While the complexities of the interview process can deter your attention away from essential legal concepts, it is important to be attentive to what the interviewer is asking, especially in a legal sense. Potential employers should understand what they can and cannot ask of an applicant, but some may fail to recognize the severity of asking a discriminatory question. Questions along the following lines should always be avoided:
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What Federal Laws Protect You in the Workplace?

The United States has developed a system of laws and regulations that have contributed to safeguarding an employee’s status in the workplace. These laws protect employees from illegal hiring and firing and allow employees to bring civil cases in court against their employers for unfair labor practices. Federal statutes pertaining to employment law include, but are not limited to:

  • Fair Labor Standards Act;
  • Family and Medical Leave Act;
  • Civil Rights Act of 1964; and
  • Americans with Disabilities Act.

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Minimum Wage Hike

In April 2016, Governor Andrew Cuomo signed a bill into law that would gradually increase the minimum wage in New York to $15 an hour. The legislation grouped New York into three different geographic areas: New York City, Long Island and Westchester, and the remainder of New York State. The hike in wages for each area will vary based on the geographic area an individual is employed in.
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New York City Council Passes Stop Sexual Harassment Act

Recently, the New York City Council passed a comprehensive package of legislation that aims to combat and prevent sexual harassment in the workplace called the Stop Sexual Harassment Act. The Act seeks to amend the New York City Human Rights Law (NYCHRL), as well as the New York City Charter. The Stop Sexual Harassment Act is currently with Mayor Bill de Blasio who is expected to sign the bill into law. Continue reading “New York City Council Passes Stop Sexual Harassment Act”

5 Workplace Laws Employees Need to Understand

Employment at Will

An at-will employee generally has no right to their job. Many employees believe that there are laws that protect them from being fired without reason or notice, but those employees are wrong. Being an at-will employee means that, absent a contractual relationship, your boss does not have to provide you the benefits of such protections as notice or reason for termination. While this may be discouraging news, this also allows you the benefit of quitting your job with no notice or no reason as well.
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Paid Sick Leave Law

Under New York City’s Paid Sick Leave Law (PSLL), which is enforced by the Department of Consumer Affairs (DCA), any employer with five or more employees must provide paid sick leave, while those with four or less employees are required to only provide sick leave.  The law covers all employees who work more than eighty hours per calendar year and either live or work in New York City. Attending client meetings in New York City constitutes “working in New York City.” This law covers workers that are:
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