Sexual Harassment in The New York City Hospitality Industry

New York City is an icon for the rich and famous.  It is also known for its extravagant restaurants and exclusive nightlife. However, for many young women and men working in the NYC hospitality industry, incidents of sexual harassment are very common.  According to a recent report, 8 in 10 hospitality workers have experienced being sexually harassed.

There are many federal laws, as well as many state statutes and city ordinances that govern sexual harassment in the workplace.  According to the law, any unwelcome sexual advances, comments or actions constitute sexual harassment. Advances may be by a co-worker, supervisor, or anyone else in a place of authority. When a person brings an issue of sexual harassment to the attention of a superior or boss, the employer is responsible for addressing the problem and taking action. If not, an employer will be liable regardless of being directly involved in the sexual harassment.
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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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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.

On June 19, 2018, state legislators passed the proposed bereavement leave bill, which would authorize the expansion of the recently passed Paid Family Leave Act. According to the New York State government website, the Paid Family Leave Act currently authorizes employees to receive twelve paid weeks off to bond with a newly born, adopted, or fostered child, care for a family member with a serious health condition, or assist loved ones when a family member is deployed abroad on active military duty. The expansion of this act would allow for employees to take a twelve-week paid leave of absence from work to mourn the loss of a child, spouse, domestic partner, parent, grandparent, or grandchild.

If you are an employee and have questions concerning the newly passed bill, it is important to contact an experienced employment attorney who can help you understand the potential benefits. For 38 years, Steven Mitchell Sack, The Employee’s Lawyer™, has been successful in handling thousands of employment law cases and will work to protect your rights as an employee. For more information or to schedule a consultation, please call (917) 371-8000 or fill out his contact form.

United States Supreme Court to Take on Pregnancy in the Workplace

The United States Supreme Court is scheduled to hear a case (Young v. UPS, 12-1226) that has the potential to affect how pregnant workers are accommodated in the workplace.

The case involves popular package and parcel shipping company, UPS, and a female employee who had been working as a driver in Landover, Maryland. After becoming pregnant in 2006, the employee submitted a doctor’s note backing her request for a temporary assignment to avoid lifting heavy packages.

UPS declined to accommodate the employee and doctor’s request, reiterating its policy that drivers must be able to lift packages weighing up to 70 pounds.

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