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Employment Law for Employees Archives

Overtime pay and employment litigation

For the most part, we all need to work or have a family member work to get by. Income is based on a person's wage and the amount of time worked in a certain time period. When employees go over this a designated number of hours, commonly 40 hours, overtime pay could kick in. For some employees, this added pay is necessary, as working extra hours is the only way to make ends meet.

Nearly 20 workplace discrimination claims against Fox settled

A workplace can be many things to an employee in New York and elsewhere. It can be enjoyable, a safe haven, exciting and even a dream come true. A job is a positive in our lives; however, for some employees, it can be filled with negative events and encounters. Not everyone is treated fairly and appropriately. But, employees have the ability to stand up and take action against this mistreatment.

What is the whistleblower protection program?

Employees, no matter the type of industry they work in, have work tasks that they need to complete. As these are related to their job, employees are very willing to complete these tasks. However, some employees are either asked to complete or observe conduct that may not be part of their job task, even causing them to question the legality of these actions. When employees see these acts, they might be compelled to speak up; however, they are also likely fearful about what might happen to them for making such a claim. This is known as blowing the whistle, and whistleblower acts have been established for these exact reasons.

Anti-Muslim bias and employment discrimination

Getting a job can be a very exciting time. Whether you are a teenager, fresh out of college or changing careers, having a job is very important. Most employers hire an individual based on their strengths and qualities. Much like good qualities cause a person to obtain a job, negative qualities could cause an individual in New York or elsewhere to lose their job. However, one reason a person should not lose a job or feel unsafe in a work environment is discrimination.

How can employers protect against retaliation claims?

Certain statutes and regulations have been passed to ensure employees feel safe. This goes beyond safe from injuries and fatal accidents. Because employees should feel comfortable to speak up, whistleblower rights were developed.

Understanding the Pregnancy Discrimination Act

For New Yorkers finding out that they are pregnant, it is an exciting time. It means starting or expanding a family. But, it also means adapting one's life around the charges that occur during the pregnancy. It might be difficult to work or continue certain job tasks because of the normal symptoms of pregnancy.

Protecting your rights after reporting employer's unlawful acts

Employees tend to know the basics when it comes to their rights in the workplace. Discrimination and harassment tend to be highlighted situations, where employees have the right to take a stance and protect his or her rights. However, some employees may not fully understand that their rights extend beyond just speaking out about their mistreatment. When employees observe unlawful activity by an employer, he or she has the right to blow the whistle on their employee.

Time's Up initiative to combat sexual harassment in advertising

Whether New Yorkers were just hired for a job or have been at the same position for years, it is important for employees to understand their rights in the workplace. And, even when one is fully aware of these rights, this does not always mean they will be upheld. Maybe it is a co-worker, supervisor or boss. No matter who it is, mistreatment, harassment and discrimination in the workplace is not only uncomfortable, but is also illegal.

What is ERISA?

When we are hired for a job, some rights are apparent. This includes receiving a wage, breaks and a safe work environment. Additionally, employees are aware of their right to not be harassed in the workplace. Beyond these obvious rights, some employees may be unsure of their rights when it comes to retirement, pensions and health plans. The Employee Retirement Income Security Act of 1974 outlines these rights.

Two circuits agree: Sexual orientation is a protected class

Certain personal factors about people may not be used to discriminate against them in the workplace, and these personal factors are codified in specific federal and New York state laws. For example, under the Americans with Disabilities Act most employers are prohibited from discriminating against employees and prospective employees because of their mental and physical disabilities. Laws protect people from discrimination based on their age, race and religious preferences as well.

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