Heat Exposure During Summer Remains Issue Even During Coronavirus

The coronavirus is the single greatest health crisis facing the United States right now, but that does not mean that all the other potential health hazards suddenly went away. And even with people spending more time indoors to avoid exposure to COVID-19, heat exposure remains a serious hazard during the summer. Reflecting this reality, the Occupational Safety and Health Administration (OSHA) has issued guidance to employers on how to protect their employees from heat exposure while also keeping them safe from COVID. Continue reading “Heat Exposure During Summer Remains Issue Even During Coronavirus”

What is the “Right to Work?”

When people talk about labor law and unionization, one of the arguments that often comes up is about the so-called “right to work.” It’s often brought up as one of the reasons not to unionize, and “right to work” legislation has been passed in many states throughout the country. But what, exactly, is the “right to work,” and why do union organizers hate it so much? Continue reading “What is the “Right to Work?””

Despite Lawsuits by Lyft and Juno, Minimum Wage Hike Goes into Effect

On February 1, 2019, the new minimum wage for app-based drivers took effect, despite legal action taken by ride-sharing companies Lyft and Juno to prevent the wage increase. Crain’s New York Business reported the Taxi and Limousine Commission (TLC) voted to establish the first minimum wage in the nation for ride-sharing drivers.
Continue reading “Despite Lawsuits by Lyft and Juno, Minimum Wage Hike Goes into Effect”

Does Your Work Contract Contain a Noncompete Clause?

Unbeknownst to many workers, when they enter into an agreement with their new employer and sign the paperwork, they may have agreed to a noncompete clause. What this tells the employee is that, if the employee decides to leave, they cannot immediately work for a competitor. These non-competes may also contain restrictions as to where you may work and how long before you can work for a competing company.
Continue reading “Does Your Work Contract Contain a Noncompete Clause?”

Study Shows Gender Pay Gap Widens When Taking Bonus Pay into Account

ADP Research Institute® announced it recently released the Rethinking Gender Pay Inequity in a More Transparent World study, which found that the pay gap that currently exists between men and women increases when bonus pay is added into the mix.

The study, which followed 11,000 exempt new hires – both male and female – who worked for the same company from the quarter of 2010 to December 2016, found that, on average, men earn $15,000 more in base salary than women do, which is a 17% discrepancy. When bonus pay is included, bonuses for men are 69% greater, widening the overall pay gap to 19%.
Continue reading “Study Shows Gender Pay Gap Widens When Taking Bonus Pay into Account”

Inflammatory Bowel Disease May Result In Reasonable Accommodations

According to the Crohn’s & Colitis Foundation of America (CCFA), there will be an estimated 1.6 million new cases of inflammatory bowel disease diagnosed in the United States this year. Inflammatory bowel disease is an umbrella term that refers to intestinal disorders that cause prolonged inflammation that result in anemia, ulcers, diarrhea, bowel obstructions, colon cancer, fistulas, and malnutrition.

The American with Disabilities Act (ADA), prohibits discrimination against individuals with a qualified disability. The ADA applies to employers with 15 or more employees.  Federal employees are afforded protections under the Equal Employment Opportunities Commission (EEOC). In addition, the New York Human Rights Law (NYHRL) provides, “It shall be an unlawful discriminatory practice for an employer to refuse to provide reasonable accommodations to the known disabilities of an employee.” (Executive Law 296(3).)
Continue reading “Inflammatory Bowel Disease May Result In Reasonable Accommodations”

Predictive Scheduling For Fast Food Workers In New York

On May 30, 2017, New York City Mayor Bill de Blasio signed legislation to implement predictive scheduling for non-salaried fast food employees in New York City. This law requires that employers post a worker’s schedule 14 days in advance. If a schedule is changed with less than 14 days notice, an employer must pay a premium. This creates a private right of action for employees with his or her employer. The legislation will take effect in 180 days.

Continue reading “Predictive Scheduling For Fast Food Workers In New York”

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.

Continue reading “Victims of Unfair Wage and Benefit Practices See Increased Effort by State of New York”

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.

Continue reading “New York Annual Wage Notice Requirement to be Discarded”