New York Employment Attorney Blog

EEOC Filings on the Rise

Thu, 13 Nov 2008 18:21:02 -0500

Statistics indicate that employment discrimination may be on the rise. The National Partnership for Women & Families has issued a report showing an increase of charge filings with the Equal Employment Opportunity Commission ("EEOC").

Federal Court Awards New York Food Delivery Workers $4.6 Million

Tue, 21 Oct 2008 23:07:58 -0500

A federal magistrate judge from the United States District Court for the Southern District of New York awarded food delivery workers of New York's famed Saigon Grill $4.6 Million in damages as a result of federal and New York State wage violations.

Americans with Disabilities Act Amendments Act of 2008 Becomes Law

Fri, 26 Sep 2008 01:18:43 -0500

On September 25, 2008, President Bush signed the ADA Amendments Act of 2008 ("ADAAA") into law. As stated in prior blog entries, the amendment makes substantial changes to the Supreme Court's restrictive readings of disability discrimination protections.

Additional Employees Allege Sexual Discrimination Claims Against Bloomberg LP

Tue, 23 Sep 2008 00:22:49 -0500

Last fall, the Equal Employment Opportunity Commission (EEOC), filed a pregnancy discrimination claim against Bloomberg LP based upon complaints received from three employees. Since that time, the number of women charging Bloomberg LP with pregnancy discrimination has increased to 72. According to New York Magazine, that number constitutes about one in seven of the employees who became pregnant in the last six years. Although Bloomberg LP referred to the initial filing as a "publicity stunt," the increase in the number of employees alleging sexual discrimination renders that characterization extremely difficult to sustain.

House Passes Senate Version of ADA Amendments Act

Thu, 18 Sep 2008 23:16:55 -0500

On September 17th, the United States House of Representatives passed the Senate version of the Americans with Disabilities Amendments Act ("ADAA"). The bill has now been sent to President Bush, who states that he will sign it. The amendments reflect the broadest changes to the Americans with Disabilities Act ("ADA") since its enactment in 1990.

Senate Passes ADA Amendment Act of 2008

Fri, 12 Sep 2008 00:34:34 -0500

In June 2008, the House of Representatives passed the ADA Amendment Act of 2008. (See Proposed Amendments to ADA Restore Disability Discrimination Protections, June 28, 2008.) Yesterday, the Senate unanimously passed its own version of the ADA Amendment Act. A conformed version will be submitted to the President for signature within the next several weeks.

Senators Protest Department of Labor's Handling of Whistleblower Claims

Thu, 11 Sep 2008 21:45:40 -0500

Earlier this week, Senators Patrick Leahy of Vermont and Charles Grassley of Iowa submitted a letter to the Department of Labor accusing it of violating the "spirit and goals" of the Sarbanes-Oxley Act of 2002 ("SOX"). The whistleblower provisions of SOX protect employees who report corporate wrongdoing.

Proposed Employment Non-Discrimination Act Awaits Further Action in Congress

Tue, 26 Aug 2008 12:17:25 -0500

The proposed Employment Non-Discrimination Act ("ENDA") is a federal bill intended to address employment discrimination by making it illegal to fire, refuse to hire or promote employees based upon their sexual orientation. An earlier version of the bill sought to include protection from gender identity discrimination. That provision was stripped from the bill due to a lack of support in the House of Representatives for transgender protection. On November 7, 2007, the House passed ENDA by a vote of 235-184. Currently, ENDA awaits introduction to the Senate.

Overtime Pay Settlement for Bronx, New York Construction Workers

Thu, 21 Aug 2008 18:17:28 -0500

Recently, two companies, J. Siebold Construction and Finklestein-Morgan, a real estate management firm, agreed to a $1.23 million settlement for violations of the New York overtime law.

Congress Enacts New Whistleblower Law

Tue, 19 Aug 2008 23:30:47 -0500

Last week Congress enacted the Consumer Product Safety Improvement Act of 2008. Among other things, the Act contains a new protection for employees of manufacturers and retailers who do any of the following: (1) provide information to the employer, federal government or attorney general of a state, relating to any violation of the Act or any statutes enforced by the Consumer Product Safety Commission; (2) testify or are about to testify in a proceeding concerning such a violation; (3) assist or participate (or seek to) in such a proceeding; or (4) object to participating in any such activity.

New York Court of Appeals Limits Scope of Health Care Whistleblower Law

Tue, 19 Aug 2008 02:26:02 -0500

Last month, New York's high court in Reddington v. Staten Island University Hospital limited the scope of New York's Health Care Whistleblower law in response to a question concerning its scope certified by the United States Court of Appeals for the Second Circuit.

Recent Amendment to New York Law Assists Nursing Mothers

Mon, 18 Aug 2008 23:18:29 -0500

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.

Broadcasters Can Work for the Competition in New York

Fri, 15 Aug 2008 00:46:34 -0500

New York Governor Paterson recently signed the Broadcast Employees Freedom Work Act which restricts employers in the broadcasting industry from conditioning employment on the signing of noncompete agreements.

One Size Does not Fit All: Employee Handbooks May Lead to Employer Liability without Careful Review

Fri, 08 Aug 2008 15:59:42 -0500

In Peters v. Gilead Securities Inc., the 7th Circuit sent out a warning to employers using employee handbooks, that their provisions may be held legally binding due to the contract liability theory of promissory estoppel. Specifically, the court ruled that although a company may not be subject to the Family Medical Leave Act they may still be liable if their Employee Handbook states employees are eligible for such a leave.

Paycheck Fairness Act Passes in House

Thu, 07 Aug 2008 17:28:08 -0500

The House of Representatives, reacting to congressional findings, has passed, 247- 178, the Paycheck Fairness Act– which aims to amend the Fair Labor and Standards Act of 1938 (FLSA) to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex. Reacting to findings that pay disparities between sexes have large negative effects on the economy and labor resources, the Paycheck Fairness Act will, if enacted, work toward removing the artificial barriers to the elimination of discrimination in the payment of wages.