On February 11, attorney Steven Mitchell Sack “The Employee’s Lawyer,” through his affiliated law firm Mirotznik & Associates in East Meadow, New York, filed a lawsuit in U.S. District Court in Central Islip on behalf of a woman who worked in the Hempstead Town Clerk’s office. His client is seeking unspecified damages against Mark Bonilla, the former Town Clerk, and the Town of Hempstead.
Author: Steven Sack
Domino’s Employees Back at Work before the 2013 Holidays
Attorney General Eric T. Schneiderman, announced in December 2013 that an agreement has been reached to reinstate 25 employees before the end of the holiday season. The employment of the workers ended suddenly, earlier in the month, following wage dispute with store management.
“Because of this agreement, 25 workers will be back to work in time for the holidays,” said Attorney General Schneiderman.
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NYC Pregnancy Protections in Effect; Federal Law Still Stalled
Although it may seem to be a primitive concept to many, that pregnant women deserve the same protections that other groups receive regarding employment laws, it is not the case. While there have been some small and local victories, a national victory has yet to be gained.
Despite the Pregnancy Discrimination Act of 1978’s bar on discrimination toward pregnant employees, many American women are forced out of their jobs or denied accommodations that would allow them to continue working once they become pregnant.
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NYC Earned Sick Time Act May Be Expanding
Mayor Bill de Blasio and incoming Council Speaker Melissa Mark-Viverito announced that the New York City Council will look to expand the Earned Sick Time Act within the year.
According to the Mayor, the updated law would: (i) protect an additional 500,000 City employees, including those in the manufacturing sector, by expanding the paid leave requirement to employers with 5 or more employees starting in April 2014; (ii) expand the definition of family members so that employees could use sick leave to care for grandparents, grandchildren and siblings; and (iii) allow employees to use sick time as they accrue it rather than wait 120 days after they started working.
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Golf Course Accused of Age Discrimination by Former Employee
Ramon Alcantara, a former employee of Pebble Beach Co. for over 20 years, alleges he was fired as a result of age discrimination late in 2013. According to the complaint, Alcantara, who is over 55 years of age, injured his back while replacing a 50-pound pump motor at the beach and tennis club.
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Haitian Nurse Sues New York Hospital for Racial Discrimination
Diana St Gerard, 64, a nurse in the mental health unit at Mercy Medical Center in Rockville Centre, Long Island claims that she was mocked by colleagues who said her Haitian accent was “irritating.” More importantly, Ms. St Gerard alleges that she was fired after complaining that several white staffers discriminated against her, minority patients and their families. She went on to explain that a co-worker even mocked her with a voodoo doll because of her nationality.
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Maryland Hooters Waitress Claims Race Discrimination Over Hair Color
While many would think a Hooters waitress would have a charge for sexual assault pending, a former waitress of the chain has a legal matter of a different kind: a civil rights action. Farryn Johnson, 25, alleges she was fired from her job as a waitress at the Hooters restaurant after she was told by managers that her hair color violated the employee image standards.
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Changes to New York Unemployment Insurance Law
By now every employer, employee and individual is aware of the U.S. recession. Although the nation is in recovery, there are still consequences of the protracted recession. Due to the recession, employer contributions to the New York State Unemployment Insurance Fund have been insufficient to cover the benefits paid out to individuals. As a result, the Unemployment Insurance Fund is grossly underfunded, which has required New York to borrow $3.5 billion from the federal government. In order to repay this loan and avoid significant interest charges, New York has recently enacted a number of “reforms” that are expected to save the state $200 million.
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New Jersey Limits Employer Access to Employees’ Social Media Accounts
A new law which took effect on December 1, 2013 makes New Jersey the latest of a growing number of states – including Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Mexico, Oregon, Utah and Washington – that prohibit employers from requesting access to the social media accounts of current or prospective employees. The law also prohibits employers from retaliating or discriminating against any such individual who either refuses to provide such access or who complains about what he or she believes to be a violation of the law.
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New Amendment to New York Labor Law Includes Underage Models as Protected Class
On October 21, 2013, Governor Andrew M. Cuomo signed amendments to the New York Labor Law, Art. 4-A, §§ 150-154, the laws governing employment of child performers. The new law went into effect on November 20, 2013. The amendments expand coverage of the law to include runway and print models under the age of 18, a significant feat since these youngsters previously were not afforded the same protections as young entertainers such as child actors.
As a result of the new law, employers of child models (as well as their parents or guardians) will have additional responsibilities and obligations. Some of the most notable include:
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