Law Blog Page 79

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 […]

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 […]

On June 27, the New York City Council overrode Mayor’s veto and passed the Earned Sick Time Act by a 45-3 vote. This Act joins New York City employers within the minority of states in imposing sick leave obligations. According to New York City Council estimates, this new sick leave law will make over a […]

Earlier this week, on Monday, June 24, 2013, the Supreme Court redefined what constitutes a “supervisor” in order for an employer to be vicariously liable under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”) in Vance v. Ball State University, 570 US 1-30 (2013). Vicarious liability is a legal principle […]

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. Some job positions, such as those involving volunteer work or internships, are typically unpaid and are therefore not […]

On January 23, 2013, the New York City Council passed an amendment to the New York City Human Rights Law (“NYCHRL”) making it illegal for an employer to discriminate against an individual who is unemployed. On February 22, 2013, Mayor Bloomberg vetoed that amendment after strong protests from employers. However, the City Council overrode the […]

According to the U.S. Department of Labor, the unemployment rate for workers in the United States is 9.1 percent and affects 13.9 million people.  These statistics have remained unyielding, but change could now be in the mist. In the last several years of the recession, prospective employees seeking employment have suffered discrimination because of the […]

The New York State Court of Appeals has held that, “animosity on the job is not actionable.” Forrest v. Jewish Guild of the Blind, 3 N.Y. 2d 295 (2004).  Simply put, while discrimination has no place in society, it is simply not the law that every dispute or wrongful act that arises in the work-place is […]