Today is Veterans Day, an official holiday to honor American veterans of all wars. One day is hardly enough to honor and recognize the sacrifices (in many cases, the ultimate sacrifice) made by U.S. soldiers. While it is unfathomable that those who have faced the threat of imminent death on the battlefield may return home…
Read More Military Status Discrimination in EmploymentGenerally, with the exception of New York City’s Earned Sick Time Act, New York law does not require payment for time not actually worked (such as holidays, sick time, and vacations) unless the employer has established a policy or agreed to make such payments. Is There an Agreement? As explained by the court in Litras v PVM…
Read More The Law of Vacation Pay in New YorkThe New York Vehicle and Traffic Law (VTL) imposes monetary penalties and driver violation points for using a cell phone to talk or text while driving. More information is available here. The two relevant statutes are VTL § 1225-c and VTL § 1225-d. Using a Mobile Telephone to Engage in a Call VTL § 1225-c(2)(a) provides: “[N]o person shall…
Read More New York’s Cell Phone Driving Laws and RulesIt’s a perfect example of being caught between a rock and a hard place – or, in this case, jury duty and a work place. If you’re fired for a jury duty-related work absence, whether you have any recourse depends on whether you are summoned to jury duty in New York or federal court. As explained…
Read More Call of (Jury) Duty: Your Rights as an Employee-Juror in New YorkPeople who contact me regarding an employment discrimination claim that they are interested in pursuing invariably ask two questions: (1) Do I have a case? (2) What is my case worth? The first question relates to the question of liability, while the second relates to the question of damages. As in any legal case, in…
Read More Damages in Employment Discrimination CasesNew York has long adhered to the “at will” employment rule, and does not recognize a freestanding claim for “wrongful termination” in and of itself. Courts state the at-will rule as follows: Where a term of employment is for an indefinite period of time, it is presumed to be an employment at will that is…
Read More New York’s At-Will Employment RuleIn employment discrimination law, the phrase “hostile work environment” has a very specific meaning that does not encompass all circumstances that the word “hostile” might suggest. Courts repeatedly say, for example, that the employment laws do not provide a “general civility code” for the workplace. In addition, as set forth below, in order to be actionable, the…
Read More What is a “Hostile Work Environment”?If you feel you are being singled out, bullied, or harassed at work because of one or more protected characteristics – such as your sex, age, race, sexual orientation, or disability – you may feel powerless and confused about what to do and how to proceed. If so, you should keep the following information in…
Read More What Should I Do If I Think I’m Being Harassed at Work?