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Tag Archives: employment law

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 »

Protecting Yourself from Retaliation

Federal and state law protects employees from retaliation for pursuing employment discrimination and sexual harassment claims or participating in the investigatory process. However, employees still need to tread carefully to avoid the common traps laid by some unscrupulous employers. Recent court decisions have made it easier for employers to defend retaliation claims.  In June 2013,… Read More »

NYC Unpaid Intern Sexual Harassment Case Headed Up on Interlocutory Appeal

The recent federal trial court ruling that unpaid interns for Fox Searchlight who worked on the movie Black Swan were indeed employees and therefore entitled to protections afforded under federal labor laws generated quite a stir when it was handed down in June 2013. Now in an unusual procedural move, Fox Searchlight is being permitted… Read More »

How New York State Law Provides Rights to Domestic Workers

Historically, domestic workers were not given the same employment rights as individuals working in large companies. This has placed hardship on the people who clean homes, take care of children and the elderly, and those who cook meals for families in home environments. Fortunately, New York State labor laws now include the Domestic Workers Bill… Read More »

New York City’s Human Rights Law — One of the Most Protective in the Nation

New York City has consistently remained a diverse, progressive place to live and work. The Human Rights Law of the City of New York was enacted in 1965 to protect this important aspect of the city. The landmark Human Rights Law strengthened prior laws that addressed discrimination in the workplace, education, housing and public accommodation…. Read More »

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