The Constitution of the United States guarantees its citizens the right to freely associate, and to peacefully assemble for political purposes. However, the modern labor union only dates to the 1930s, with the passage of the National Labor Relations Act (NLRA). Until that point, labor unions were made illegal, and were often broken up by police, or sometimes even by the State or National Guard. Moreover, there are still many people who are not allowed to legally unionize, or who have their right to organize significantly restricted. How can this be true? Continue reading “The Right to Unionize”
The Family and Medical Leave Act (FMLA) gives qualifying employees up to 12 weeks of unpaid leave per year. It allows employees to take a reasonable amount of unpaid leave time for medical or family reasons such as:
The Pregnancy Discrimination Act (PDA) was created to protect women from workplace discrimination due to her pregnancy. Pregnancy discrimination in the workplace may involve any of the following:
Continue reading “Pregnancy Discrimination”
Recently, a New York State Court of Appeals restored a gender discrimination case against a wellness clinic. Both defendants were co-owners of the establishment and were husband and wife. The husband had hired the plaintiff in the case as a massage therapist and yoga instructor. The husband acted as the plaintiff’s supervisor and had a professional relationship during her tenure. However, he told Plaintiff that his wife was jealous because she was “too cute.”
An African-American who claims he was subjected to racial discrimination and a hostile work environment — only to be fired — has been allowed by a U.S. District Court to pursue a lawsuit against his former manager and the dealership where he worked.
Fox News Channel host Gretchen Carlson recently filed a sexual harassment and wrongful termination lawsuit against the network’s chairman and CEO, Roger Ailes, after she refused his alleged sexual advances towards her. On July 6, Ms. Carlson filed a complaint against Mr. Ailes with the Superior Court of New Jersey in Bergen County, stating that, after she refused Mr. Ailes’ sexual advances towards her and complained about his behavior, he unlawfully retaliated against her. Ms. Carlson was terminated from her position as the host of the network’s afternoon program The Real Story with Gretchen Carlson on June 23. Prior to this role, Ms. Carlson was the co-host of Fox and Friends until 2013.
Restrictive covenants are provisions in employment agreements that prohibit a person from working for a competitor after leaving his or her employer. The effect of such clauses varies greatly. In addition from limiting a former employee’s job opportunities, a restrictive covenant allows an employer to restrict the former employee from starting a business or forming a venture with others that competes against the former employer; contacting or soliciting former or current customers or employees of the former employer; and using confidential knowledge, trade secrets and other privileged information learned while working for the former employer. Many employers also place time and geographical restrictions in these covenants.
Attorney General Eric T. Schneiderman announced on July 22 of last year a settlement of $46,000 with C&S Wholesale Grocers for terminating employees who were injured on the job. The settlement followed an investigation by the Attorney General into C&S Wholesale Grocers, popularly known as “C&S”, the largest wholesale grocery company in the country.
The investigation followed an appeal in which the Attorney General’s Office successfully represented the Worker’s Compensation Board.
In today’s technology driven society, almost everyone has some type of social media account. While most young people think nothing of the reflection your page might have regarding prospective employment, it is estimated that three-quarters of employers look at applicants’ Facebook presence to see what they’re doing outside of work. While CareerBuilder.com estimates approximately 1 in 10 young people have been denied jobs based off their Facebook postings, there are laws that protect a worker’s privacy when it comes to what these employers may take into account when selecting a new hire.
Most people do not know how to resign properly. The slightest mistake can expose you to a lawsuit or cause the forfeiture of valuable benefits. Some people resign without receiving a firm job offer from a new employer. Later, after learning the new job did not materialize, they are unable to be rehired by their former employer and spend months out of work unnecessarily.