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Law Blog Page 79

The Effect of DOMA on Employers

The Defense of Marriage Act (“DOMA”) is the federal law that defined marriage as being solely between a man and woman. On June 26, 2013, the U.S. Supreme Court decided the fate of DOMA in United States v. Windsor. In that case, the Supreme Court held that the provision of DOMA prohibiting the federal government […]

NY Increases Minimum Wage

Wage and Hour laws exist to ensure that employees receive a fair day’s wage for a fair day’s work and set standards for how employees should be properly paid so that they are neither overworked nor underpaid. Prior to January 1, 2014, the minimum wage in New York was $7.25 per hour, which is the […]

As we know, an employer may not discriminate against an employee for their disability, race, national origin, age or religion in any state under the federal laws. Specifically, in New York City, there are even more statutes that offer additional protection to New York City employees, such as offering protection for unemployment discrimination or offering […]

Until recently, lawsuits based upon obesity and weight discrimination had been largely unsuccessful despite the fact that there are many statistics that indicate obese individuals are vulnerable to discrimination based upon their weight as often as individuals are discriminated against based upon their race. Examples of weight discrimination in the workplace include obese employees facing […]

Plaintiff Scott Matusick, was employed by the Erie County Water Authority as a dispatcher. Plaintiff, who is white claimed he was assaulted, harassed, and ultimately terminated from his employment because of his romantic relationship with African-American woman, Anita Starks, who he was engaged to. Scott alleged that when his co-workers and supervisor became aware he […]

On October 2, 2013, New York City Mayor Bloomberg signed into law the New York City Pregnant Workers Fairness Act, Local Law 78 of 2013 (the “Pregnant Workers Fairness Act,” “Local Law 78,” or the “NYCPWFA”). On September 24, 2013, the New York City Council had approved the Pregnant Workers Fairness Act by a unanimous […]

New York Civil Rights

The United States Constitution guarantees every American citizen certain civil rights and personal liberties. Among these are: the freedoms of speech, religion, assembly, the right to privacy, the right of peaceful protest, the right to a fair investigation, and more generally-based constitutional rights such as the right to vote, the right to personal freedom, the […]

Access to the courts is a constitutionally protected fundamental right guaranteed to all citizens. Still, exercising this fundamental right may not always be the best method for purposes of resolving legal issues, or maximizing results. Driven by the freedom and power to design resolutions, the use of mediation as an alternative to litigation is on […]

While most are aware of the physical and emotional changes women face when pregnant, many fail to realize the changes and effects pregnant women face at their workplaces. Pregnant women may require more frequent bathroom breaks, days off due to pregnancy complications or doctors’ appointments. As a result, many are fired due to requesting the […]

New York Wage and Hour Laws

There are Federal Laws, State Laws, and in some jurisdictions like New York, even City Laws that govern minimum wage, hours of work, child labor, payment of wages and wage supplements, industrial homework, apparel industry registration, registration of professional employer organizations, or farm labor. Depending on the age and type of job, such laws generally […]

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