Medical Exam Company Agrees to Stop Forcing its Employees from Entering into Restrictive Covenants

New York State Attorney General Eric Schneiderman recently announced that Examination Management Services, Inc. (EMSI), a medical information and examination services firm, has agreed not to require its non-management employees in the state to enter into restrictive covenants, also known as non-compete agreements. This was reported in Newsday.

Continue reading “Medical Exam Company Agrees to Stop Forcing its Employees from Entering into Restrictive Covenants”

DOL Allows Two Former Uber Drivers to Collect Unemployment Benefits

The New York State Department of Labor has ruled that two drivers who used to work for Uber were considered employees and, therefore, eligible to receive unemployment insurance benefits, as reported by Crain’s New York Business. This decision is considered to be the first of its kind regarding for-hire drivers in New York State.

Continue reading “DOL Allows Two Former Uber Drivers to Collect Unemployment Benefits”

Pregnancy Discrimination in the Workplace

Since their integration into the workplace, women have become an important part of today’s labor force. In recent years, working women have made strides to become a critical part of the labor force while simultaneously raising and supporting their families. According to Pew Research Center, mothers serve as the sole or primary provider in 40 percent of households with children. Despite this progress, women have faced a variety of obstacles in the workplace, including one of the most prominent issues: pregnancy discrimination.

Continue reading “Pregnancy Discrimination in the Workplace”

U.S. Supreme Court Allows Seattle’s Minimum Wage Law to Stand

The U.S. Supreme Court recently struck down a challenge by business groups in the Seattle area to the city’s law that will raise the minimum wage to $15 an hour. This also affirms a lower court ruling, which also supported the law.

Continue reading “U.S. Supreme Court Allows Seattle’s Minimum Wage Law to Stand”

New York Audition Notices Spark Employment Law Concerns

Recently, the Wall Street Journal reported on discrimination in casting calls for the Broadway hit “Hamilton.” Although specifying race, age, and gender is legal in audition calls, the Actors’ Equity Association, a union organization, generally checks the audition notices before going out. The notices for Hamilton, which posted from late 2015, were not reviewed by Actors’ Equity. They have sparked discussion over the formalities and procedures to avoiding discrimination in audition calls.

Continue reading “New York Audition Notices Spark Employment Law Concerns”

The Zika Virus and Workers’ Compensation

The Zika virus, which was originally identified in 2015, has spread to approximately 33 countries.  Many of the countries are in the Americas.  Recently, the World Health Organization has announced an international health emergency because it is now thought the virus is linked in causing microcephaly.

Continue reading “The Zika Virus and Workers’ Compensation”

Understanding Wrongful Termination

Many circumstances can result in the termination of employment. A firing is often a traumatic and destabilizing event. While these unfortunate occurrences may seem untimely, unfair, and unsubstantiated; the termination may not always qualify as “wrongful.”

What is Wrongful Termination?

Continue reading “Understanding Wrongful Termination”

Executive Order Issued Banning Discrimination based on Sexual Orientation

President Obama announced on June 20, 2014 that he has signed an executive order to end discrimination in hiring based upon sexual orientation for federal contractors. The executive order will apply to any private businesses that enter into a contract with the United States government.

Title VII of the 1964 Civil Rights Act prohibits employers from discriminating against workers and job applicants based on sex, race, color, religion, or national origin. However, the act doesn’t expressly prohibit employer discrimination based on sexual orientation or gender identity bias.

Continue reading “Executive Order Issued Banning Discrimination based on Sexual Orientation”

Steven Mitchell Sack Wins Settlement for Client in Sexual Harassment Case

Steven Mitchell Sack successfully reached a settlement on behalf of a dental hygienist who was allegedly sexually harassed by her boss. The woman was fired after she filed a sexual harassment complaint to the owner of the dental practice (and the alleged perpetrators) and told the owner that she would no longer tolerate her boss’ physical groping and sexual comments related to her body.

With Mr. Sack’s assistance, the woman filed a complaint against the dentist with the New York City Human Rights Commission. The settlement included money to compensate her for her emotional pain and suffering and loss of future wages.

Pennsylvania Senator Proposes New Anti-Employment Discrimination Bill

Pennsylvania State Senator Daylin Leach proposed a bill in late March that would ban employment discrimination based on an applicant’s marital or familial status.

Profiling based on marital or parental status occurs when potential employers ask job applicants if they have children, plan to have children, or are married. Leach contends that all too often, a qualified applicant makes it to the final stages of the hiring process, only to be asked if they have children. If the answer is yes, the job suddenly goes to somebody else.

Continue reading “Pennsylvania Senator Proposes New Anti-Employment Discrimination Bill”