Category: Employment Law

Is it legal for restaurants to force servers to pool tips?

There are different rules that apply to servers who work in the restaurant industry than to most other employees. Specifically, they are subject to a lower hourly minimum wage. They receive less pay per hour because there is an expectation that customers patronizing the restaurant should provide a gratuity or tip. Servers can capitalize on […]

read more

3 worker actions that could lead to employer retaliation

Numerous state and federal laws protect the rights of employees. Workers in New York shouldn’t have to worry about discrimination or an unsafe work environment. Various statutes establish standards for employment conditions and protect the rights of workers to assert themselves. Unfortunately, employers do sometimes decide to take punitive actions against workers who have engaged […]

read more

Is your employer responsible for a co-worker’s online harassment?

Many people don’t realize that employers’ responsibility for preventing workplace harassment and discrimination actually extends beyond the workplace. With people being increasingly accessible online, for example, it’s not enough to protect employees from this behavior while they’re at work or a work-related event regardless of where or when it occurs. Courts have determined that social […]

read more

Has New York banned noncompete agreements?

Restrictive covenants are popular inclusions in modern employment contracts. Companies create restrictions on what economic activities a worker can engage in both while employed and after they leave their job. These restrictions, while frustrating for the worker, help protect the company from unfair competition. Noncompete agreements are one of the most common kinds of restrictive […]

read more

EEOC files racial harassment lawsuit against Tesla

New York residents who follow developments in the automotive industry will likely know that Tesla is considered to be one of the world’s leading electric vehicle manufacturers, but they may not be aware that the Texas-based company has been accused of condoning racial harassment and discrimination. On Sept. 28, the Equal Employment Opportunity Commission announced […]

read more

Workplace accommodations for people with ADHD

Attention-deficit/ hyperactivity disorder (ADHD) is a common and, in some ways, debilitating disability afflicting people in New York and across the country. It can cause reading comprehension and executive management issues. In some instances, these issues can greatly impact a person’s job performance. The Americans with Disabilities Act (ADA) can provide limited relief for some […]

read more

Supporting an LGBTQ employee coming out in the workplace

As society becomes more accepting of the LGBTQ community, it is likely that at some point in your career, you will have an LGBTQ employee come out in your New York workplace. This can be a challenging experience for the employee, but as a supportive colleague or employer, there are things you can do to […]

read more

Diabetics’ rights in the workplace

Diabetes is one of the most prevalent and complex diseases that millions of Americans face. Unfortunately, diabetes also often creates issues in the workplace. Diabetics in New York must understand their workplace rights. Are you a qualified individual with a disability? Any employee who is considered a “qualified individual with a disability” is protected from any workplace […]

read more

Pregnant workers and understanding rights against discrimination

Pregnancy discrimination can occur when an employer treats a pregnant employee unfavorably, such as denying them a job or promotion. There is also an expectation of reasonable accommodations. As a pregnant worker in Texas, knowing your rights under employment law is essential. Protections under Texas employment law Pregnancy discrimination violates federal and state anti-discrimination employment law. […]

read more

What to know about FMLA rights

The Family and Medical Leave Act (FMLA) allows you to leave your job for a period of up to 12 weeks to deal with a variety of medical matters. Generally speaking, your New York employer must hold your job during the leave period, and the company may be required to comply with other rules while […]

read more