New York Employment Attorney Blog

In recent years, employers have scrutinized employee or prospective employee postings on social media sites like Facebook, Twitter, Instagram, and other sites, as part of their screening process for employment, promotion or termination decisions. This may come to an end if The Password Protection Act of 2013 (H.R. 2077) becomes law. The Password Protection Act would amend federal law to make it unlawful if an employer

‘(A) for the purposes of employing, promoting, or terminating employment, compels or coerces any person to authorize access, such as by providing a password or similar information through which a computer may be accessed, to a protected computer that is not the employer’s protected computer, and thereby obtains information from such protected computer; or

‘(B) discharges, disciplines, discriminates against in any manner, or threatens to take any such action against, any person--

‘(I) for failing to authorize access described in subparagraph (A) to a protected computer that is not the employer’s protected computer; or

‘(ii) who has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph, or has testified or is about to testify in any such proceeding;’.

The bill contains certain exceptions, which would permit courts to require the disclosure of such passwords if there are reasonable grounds to believe that the information sought "is relevant and material to protecting the intellectual property, a trade secret, or confidential business information" of the employer.

Continue reading "Proposed Federal Law to Protect Employee Social Media Passwords" »

The U.S. Equal Employment Opportunity Commission (EEOC) has scheduled a meeting for May 8, 2013 at its main headquarters in Washington, D.C., to address whether employer wellness programs may implicate, among other things, the confidentiality and permissible inquiry provisions of the Americans with Disabilities Act (ADA), the Genetic Nondiscrimination Act (GENDA), and other statutes enforced by the EEOC.

On December 17, 2012, the United States Equal Employment Opportunity Commission ("EEOC") approved its Strategic Enforcement Plan for Fiscal Years 2013-2016 ("SEP"). The SEP establishes priorities and integrates all components of the EEOC's enforcement. In so doing, the SEP adopted the following national priorities:

1- Eliminating Barriers in Recruitment and Hiring. The EEOC intends to target class-based recruitment and hiring practices that discriminate on the basis of race, ethnicity or national origin, religion, age, gender (women), and disability.

2- Protecting Immigrant, Migrant and Other Vulnerable Workers. Among other things, the EEOC intends to target disparate pay, job segregation, harassment, trafficking and discriminatory policies affecting those workers who may not be aware of their rights to equal employment opportunity, or are otherwise reluctant to exercise them.

3- Addressing Emerging and Developing Issues.

4- Enforcing Equal Pay Laws. The EEOC will continue to target compensation disparities and practices in the area of gender or sex discrimination.

5- Preserving Access to the Legal System. The EEOC will scrutinize policies and practices that have the effect of discouraging employees from seeking relief under the applicable employment discrimination statutes.

6- Preventing Harassment Through Systemic Enforcement and Targeted Outreach.

Continue reading "EEOC Approves Strategic Enforcement Plan for 2013-2016" »

On May 12, 2010, the New York State Senate passed S1823b, a bill to amend the labor law to prohibit abusive work environments. If the bill were to pass scrutiny in the State Assembly, and be signed into law by the Governor, employees in the State of New York would have expansive protections beyond just the anti-discrimination statutes. In effect, the bill would transform the employment-at-will landscape, requiring that employers make sure that employees are not being subjected to bullying, while also making it more difficult for employers to terminate employees who complain of such.

Continue reading "The Healthy Workplace Bill: Will New York State Prohibit Workplace Bullying? " »

The media reported yesterday that the attorneys general for eight states informed FedEx Ground that it had formed a group to examine the company's classification of its drivers as "independent contractors," as opposed to "employees." The decision by the attorneys general is significant because FedEx Ground is currently defending multiple class action lawsuits filed by drivers across the country concerning the alleged misclassification of drivers as independent contractors. In fact, Gangemi Law Firm, P.C. represents a class composed of drivers working for FedEx Ground in New York State.

Continue reading "FedEx Ground Investigated by 8 State Attorneys General on Independent Contractor Status of Drivers" »

The United States Supreme Court recently ruled that a union could contract away a union member's rights to pursue a statutory discrimination claim in court. In 14 Penn Plaza L.L.C. v. Pyett, the Supreme Court considered whether a union member with an age discrimination claim under the Age Discrimination Employment Act ("ADEA") could be required to privately arbitrate the claim rather then pursue it in court. Surprisingly, a divided Supreme Court concluded that a union member could be mandated by a collective bargaining agreement ("CBA") to arbitrate a statutory discrimination claim.

Continue reading "U.S. Supreme Court Accepts Mandatory Arbitration of Discrimination Claims for Unionized Employees " »

Last year, New York State Governor Spitzer signed into effect an amendment to the New York Labor Law by adding section 206-c, the Rights of Nursing Mothers to Express Breast Milk. Applicable to all New York State employers, regardless of size, this law requires that employers make reasonable efforts to allow employees to express breast milk for their nursing children.

Continue reading "Recent Amendment to New York Law Assists Nursing Mothers" »