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Category: On-the-Job Issues

On-the-Job Issues explained by New York Employment Lawyer Steven Mitchell Sack

LinkedIn to Pay Millions for Overtime Labor Violations

The popular professional social media networking service, LinkedIn, has recently agreed to pay almost $6 million in unpaid wages and damages to 359 current and former employees.

According to the U.S. Department of Labor, an investigation found LinkedIn Corp. in violation of overtime and record-keeping rules pursuant to the federal Fair Labor Standards Act (FLSA). It said the violations occurred at company branches in California, Illinois, Nebraska and New York.

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Paid Sick Leave Law Now In Effect for New York City

New York City has become the latest city to adopt a paid sick leave law that will guarantee paid time off for many NYC employees. The law is expected to affect up to 500,000 employees.

On March 20, 2014, Mayor Bill de Blasio signed into law The NYC Paid Sick Leave Act. The new rules and regulations went into effect on July 30th 2014.

So how does the new paid leave law affect employees?

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Victims of Unfair Wage and Benefit Practices See Increased Effort by State of New York

Already in the first half of this year (2014), the New York Department of Labor has recovered and dispersed over 16.4 million in wages, interest, and damages, on behalf of workers who were improperly subjected to unfair wages and insufficient benefits.

According to the Department of Labor (DOL), officials have completed approximately 5000 cases in 6 months alone, representing a nearly 50% increase from the amount of cases completed within the same time frame last year.

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New York Annual Wage Notice Requirement to be Discarded

New York’s annual wage notice requirement has been discarded, however other employee protections are in the process of being strengthened

Beginning in 2015, New York employers will no longer be required to provide annual wage notices to existing employees. The annual Wage Notice duty was imposed on employers as part of the Wage Theft Prevention Act (WTPA or Act), passed in 2010 to remedy supposed abuses of the state’s wage payment laws.

In particular, the WTPA required that all NYS employers provide written notice to existing employees detailing certain wage-related information between the time frame of January 1 and February 1 of each year.

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Rights of Pregnant Workers Clarified by the EEOC

In an effort to emphasize the fact that employers are legally prohibited from discriminating against workers because of past, present, or future pregnancies, the Equal Employment Opportunity Commission (EEOC) recently introduced new enforcement guidelines on pregnancy discrimination in the workplace. This is the first time the guidelines have been updated since 1983.

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NY Attorney General Addresses Job Recruitment Discrimination

Discrimination at work can often manifest itself well before a job seeker has had the opportunity to even secure full- or part-time employment.

Recently, the Office of the New York Attorney General, Eric Schneiderman, came to a series of agreements with five New York City-based employment agencies in an effort to resolve allegations of unlawful discrimination and predatory business practices.

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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.

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Federal Bill Proposal Seeks To Raise Overtime Threshold

In a combined effort to ensure overtime protections for low- and mid-wage salaried workers, Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, along with eight Senate officials, recently introduced the Restoring Overtime Pay for Working Americans Act.

Presently, the Fair Labor Standards Act (FLSA) guarantees a minimum wage and overtime pay for private-sector U.S. workers. However, many workers are considered “exempt” from the law, partly because of a salary threshold, $23,660 per year or $455 per week, which is specifically directed at managers and “professional” employees.

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Age Discrimination: L.I. Based Company Forced to Pay

A Melville insurance brokerage has agreed to pay $300,000 in back wages to settle a lawsuit accusing it of age-based harassment, discrimination and retaliation against three former employees. The suit was filed by the U.S. Equal Employment Opportunity Commission in July 2013.

The EEOC’s lawsuit charged that the company’s management made discriminatory age-related comments and refused to promote one of the claimants based on her age.

Continue reading “Age Discrimination: L.I. Based Company Forced to Pay”

New York City Employers Must Give Notice on Pregnancy Rights

At the start of the new year (2014), the Pregnancy Accommodation Law acted as a new amendment to the already-expansive New York City Human Rights Law (NYCHRL). The law took effect on January 30, 2014, for newly-hired employees and is about to take effect for existing and current employees on May 30th.

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