New York City Calls Uber Drivers Freelancers

New York Uber execs are off the hook; the drivers they employ are now considered freelancers, not employees, thanks to a statement by Meera Joshi, chairwoman of New York City Taxi and Limousine Commission.

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How Should Potential Employees’ Criminal Record be Considered?

It is increasingly difficult for potential employees to find job positions after they have been arrested or convicted of a crime. According to the U.S. Equal Employment Opportunities Commission, Title VII of the Civil Rights Act of 1964 defines parameters of the hiring process to avoid discrimination, including whether to conduct a criminal background check and how to weigh those applicants who have an arrest or conviction record. Title VII of the Civil Rights Act of 1964 prohibits employers to discriminate based on an applicant’s race, color, natural origin, sex, or religion. It is important to adhere to these guidelines in order to be an equal opportunity employer.

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New Legislation Protects Homeowners and Workers Involved in Mold Abatement

New York State Governor Andrew Cuomo signed a bill to protect workers and homeowners who are involved in mold assessment, remediation, and abatement on residential property. The law modifies a licensing requirement for contractors and enforces Environmental Protection Agency standards when dealing with mold.

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Investigation of Employee’s Social Network Sites

In today’s technology driven society, almost everyone has some type of social media account.  While most young people think nothing of the reflection your page might have regarding prospective employment, it is estimated that three-quarters of employers look at applicants’ Facebook presence to see what they’re doing outside of work.  While CareerBuilder.com estimates approximately 1 in 10 young people have been denied jobs based off their Facebook postings, there are laws that protect a worker’s privacy when it comes to what these employers may take into account when selecting a new hire.

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Wage Claim Disputes

Sometimes a dispute concerning wages, overtime, or other monetary benefits can arise with an employer.  Many people believe that they will have to get an attorney involved if such a situation arises.  However, this is not always the case.  A wage dispute may sometimes be resolved without legal intervention simply by sending a letter through certified mail, return receipt requested, to the employer advising them of your claim.  If you do not receive a response to the first letter, send a follow up letter advising them that you will proceed to legal action if your demand is not met.

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Resigning Properly

Most people do not know how to resign properly. The slightest mistake can expose you to a lawsuit or cause the forfeiture of valuable benefits. Some people resign without receiving a firm job offer from a new employer. Later, after learning the new job did not materialize, they are unable to be rehired by their former employer and spend months out of work unnecessarily.

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After Eight Years, Terminated Employees Receive $6.2 Million Jury Verdict in Pregnancy Discrimination Case against Medical Services Company

In the lawsuit, the three women — two of whom worked as an administrative assistants and another as a biller — established themselves as solid performers, but when it was discovered that they were pregnant or suspected of being pregnant, they were harassed by their employer, falsely accused of poor performance and later fired. The employees had only been with the company for less than a year. Two were fired in October 2006; the third was fired in March 2007.

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NYC Employers Fined for Not Allowing Employees Sick Leave

Last year, Mayor de Blasio signed into effect new sick leave laws that would offer employees greater protection by expanding the previous legislation. Recently, companies such as Best Buy and FedEx have been fined for not complying with the law that went into effect last April.

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McDonald’s Joins Companies Nationwide that are Raising Wages

McDonald’s has recently taken measures to improve wages and benefits for its employees. However, these newly implemented policies will only affect those employed by the company stores, not franchisees. As part of the new benefits, employees will see an increase in salary to at least $1 above the local minimum wage, eligibility for time off, and a new program applying to all employees who wish to earn a high school diploma or fund their college education. 90,000 workers would be affected at 1,500 McDonald’s restaurants. This means that 90% of McDonald’s workers would not see these benefits as the majority of the restaurants are franchisee-owned.

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Women Celebrate Victory in Supreme Court Young v. UPS Decision

In the much anticipated Supreme Court decision in the case of Young v. UPS, the Court remanded the case back to the 4th Circuit.  Although the Supreme Court did not directly decide the issue of whether UPS violated the Pregnancy Discrimination Act, in not offering Young a disability accommodation due to her pregnancy, it held that Young’s claim should at least be heard.  Advocates celebrated this as a victory because at least Young would have her day in court that had been denied by the lower courts.  Young’s attorney considered the decision to be a “big step forward towards enforcing the principle that a woman shouldn’t have to choose between her pregnancy and her job.”

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