New York Employment Attorney Blog

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? " »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Employment Discrimination , Employment Rights

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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" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Compensation, Wages and Overtime , Employment Agreements , Employment Rights

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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 " »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Age Discrimination , Arbitration and Alternative Dispute Resolution , Employment Agreements , Employment Discrimination , Employment Rights

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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" »

Posted by Gangemi Law Firm, P.C. | Permalink | Email This Post

Posted In: Employment Rights

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