Across the country, more employers are hiring individuals on an as-needed basis. This often leads to denying workers benefits such as health insurance, overtime, and sick pay, among others. Hiring employees on an as-needed basis may be a violation of the Fair Labor Standards Act (FLSA). The Department of Labor has set forth a legal test to determine whether or not a worker is considered an employee or a contractor.
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Category: On-the-Job Issues
On-the-Job Issues explained by New York Employment Lawyer Steven Mitchell Sack
Sexual Harassment Claims Continue to Accumulate Against the World’s Most Powerful
Recently, there have been multiple accusations of sexual misconduct against some of the world’s most powerful and famous people, including Harvey Weinstein, Louis C.K., and Matt Lauer. These accusations demonstrate instances of sexual misconduct in the workplace where a person of authority uses his or her position to make unwanted sexual advances or sexual requests in exchange for something. Any form of direct or indirect unwelcomed or inappropriate conduct results in a hostile work environment. Some examples of the most common types of sexual misconduct that result in a hostile work environment include:
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Social Media and the Workplace
You just made a controversial Facebook post about the company you work for forgetting your boss is one of your friends. Can you get reprimanded for what you post on your own personal social network? The laws surrounding social media and the workplace are still developing. The best piece of advice to follow is to always be cautious about what you post, whether you are on your own blog, Facebook, Instagram, or Twitter account. You are responsible for what you post and who sees it, so post restrictively.
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What Employees Should Know About Employer Medical Information Requests
Employees get asked questions from their employers on a day-to-day basis. Some questions are innocent, while other questions may seem a little more personal. Either way, employees are not usually hesitant to answer employer questions, as they assume that any question asked must be necessary for the employer to know. While in many cases this may be true, when it comes to prying into an employee’s medical information, there are laws that protect employees from having to disclose. Continue reading “What Employees Should Know About Employer Medical Information Requests”
Sex Stereotyping In The Workplace
According to federal anti-discrimination laws, gender identity and gender expression are not protected categories. However, New York City’s statute on employment anti-discrimination includes gender identity and gender expression as protected categories. However, a recent U.S. Supreme Court decision in Price Waterhouse v. Hopkins found that Title VII of the Civil Rights Act of 1964 prohibits sex stereotyping, which may now provide a basis for claims. Continue reading “Sex Stereotyping In The Workplace”
Equal Employment Opportunity Commission Public Portal
On November 1, 2017, the Equal Employment Opportunity Commission (EEOC) launched a public portal that will give people online access to inquiries about discrimination. “The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex, national origin, age, disability or genetic information.” The public portal will make EEOC information, as well as personal charge information, easily accessible. The features included in the public portal are currently available for all newly filed charges and any charges that were filed on or after January 1, 2016 that are currently in investigation or mediation. Continue reading “Equal Employment Opportunity Commission Public Portal”
Sexual Harassment Doesn’t Only Happen Between Males And Females
New York City has statutes protecting employees from sexual harassment and other offensive conduct in the workplace. Sexual harassment includes sexual remarks, images, jokes, or any other conduct by a co-worker or superior that creates a hostile or intolerable work environment. Most sexual harassment claims are made between female employees regarding the actions of male coworkers or supervisors. However, sexual harassment claims are not limited to acts committed by men against women. In a recent case, according to the New York City Commission on Human Rights, a female chief executive officer (CEO) made inappropriate sexual remarks towards female employees. Continue reading “Sexual Harassment Doesn’t Only Happen Between Males And Females”
5 Steps to Follow If You Have Been a Victim of Sexual Harassment in Your Workplace
Sexual harassment often makes victims feel helpless and alone. Victims will begin to feel powerless, especially if the act happens at their place of employment. There have been many times when a victim of sexual harassment has spoken to another employee and confided in them, and then the other employee tells them there is nothing they can do, and they should just ignore it. No matter where sexual harassment takes place, it is not to be ignored and you should never be silenced. Continue reading “5 Steps to Follow If You Have Been a Victim of Sexual Harassment in Your Workplace”
New York City Safe Time Act
On November 6, 2017, New York City Mayor Bill de Blasio signed the Earned Safe and Sick Time Act (ESSTA) which amends Chapter 8 of Title 20 to the New York City Administrative Code. On May 5, 2018, the new law will take effect that affords leave time to victims and to the family members of victims of family offenses, sexual offenses, stalking, and human trafficking. Continue reading “New York City Safe Time Act”
Microchip In The Workplace
Recently, a company in Wisconsin will be the first in the United States to put microchip implants in its employees. According to reports, over 50 employees at Three Square Market (32M) are expected to voluntarily have microchips implanted between their thumb and forefinger. The chips are radio-frequency identification chips (RFID) that will be used to perform common office tasks by waving their hand. According to Todd Westby, the implant is the size of a grain of rice.
