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Tag Archives: employment law

OMH Employee Alleges Retaliation After Filing Complaint

After she filed two complaints alleging sexual harassment at her job at the Rochester Psychiatric Center, Vicky Snyder alleges that her complaints were not just ignored—she says her supervisors harassed her further, and that the state’s Office of Mental Health, which oversees her employer, treated her complaints as though she had brought the harassment upon… Read More »

Women-Only Taxi App: Sound Model or Discrimination?

A new mobile app designed to match female passengers with female drivers is causing controversy between those who believe the app will provide a useful service for women who might feel unsafe hopping in a male-operated cab and those who believe the entire model is discriminatory.  The people behind SheRides (known as SheTaxis outside of… Read More »

Former Mets Employee Sues Over Discrimination

The New York Mets’ former senior vice president for ticket sales and service has sued the team and co-owner Jeff Wilpon, who allegedly fired her because she was pregnant and unmarried. Leigh Castergine was fired on August 20 — the stated reason was that she had failed to meet sales goals, but Castergine alleges a… Read More »

Does New York Employment Law Offer Any Protections for New Fathers?

New York Mets second baseman Daniel Murphy started off the 2014 season as the subject of controversy by missing the first two games to be with his wife and newborn son in Florida. When Murphy’s absence was noted by various sports media personalities, it touched off a firestorm of discussion over the rights and responsibilities… Read More »

What Types of Legislation is Enforced by the EEOC?

by Derek T. Smith The Equal Employment Opportunity Commission enforces prohibitions against several categories of employment discrimination. Prohibitions against discrimination based on race, color, sex, religion, national origin, age, disability and genetic information, as well as reprisal for protected activity are derived from the following legislation: Title VII of the Civil Rights Act of 1964… Read More »

New York Judge Rejects Salary Caps for Non-Profit Executives

by Derek T. Smith The New York Department of Heath passed regulations capping executive pay at $199,000 in non-profits that receive state funding. While many supporters argue that this cap helps prevent overspending and misspending of tax dollars, others see it as unfairly interfering with non-profits’ operation and strategic decision-making, specifically where an organization seeks… Read More »

U.S. Department of Labor Rules for Unpaid Interns

by Derek T. Smith There are strict parameters set on internships by the Fair Labor Standards Act (FLSA). If a private-sector employer does not meet the six-part test established by the FLSA, interns must be paid minimum wage and overtime compensation for their services. Under the FLSA, the term “employ” is defined broadly. Thus, internships… Read More »

Chef Cruelly and Unjustly Fired From His Job the Day Before his Wife Dies

by Derek T. Smith Robert Esselborn had a blessed life. He was a proud former Army instructor, a successful chef at the prestigious Crosby Street Hotel, a devoted husband to his beautiful wife Barbara and a doting father to two children. Then, last December his life changed when his wife of 17 years suffered a… Read More »

Should You Consider EEOC Mediation?

by Derek T. Smith Mediation is a form of alternative dispute resolution that provides an effective forum for settling your grievance with your employer outside of litigation. During a mediation session, a trained facilitator guides you and your employer toward an equitable agreement.  The decision to mediate is entirely voluntary. If either you or your… Read More »

UPS Driver Termination Snowballs Into 250 Employees — is this Retaliation?

by Derek T. Smith Jairo Reyes was a UPS driver in New York for 24 years when he was fired for clocking in early to his shifts. The company claims that Mr. Reyes lied about the hours he worked to accumulate unearned overtime. Mr. Reyes claims his manager gave him verbal permission to start his… Read More »

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