New York Employment Lawyer Blog

With the end of the year quickly upon us, I have been reading a lot of articles focused on what is slated for 2012. Here’s a look at some articles I am reading this week:

• New York Daily News: Being a New York employment law attorney, I do love reading my local newspapers. The NY Daily News reports that 68% of American believed that 2011 was a bad year and that 2012 will be better. Optimism is always a great way to ring in the New Year!

• JD Supra: There are a lot of employment law changes happening to California employers in 2012, including: fines for misclassifying independent contractors, providing the same employee insurance benefits to same-sex partners and new burdens on employers to inform employees of certain employment issues. Employers with operations in New York will also be subject to similar increased regulations.

• Eweek.com: The headline of this story really struck me: Online Contingent Work to Double Again in 2012. Eweek looks at how online hiring is growing at a record pace and 2012 looks to be the best year yet. This type of work is online and contingent but it will certainly be interesting to see how employment law will adapt to this type of employment.

• Fox Business: Fox talked to various economists about their 2012 predictions. When it came to employment, the focus was on the importance of the job market to help the U.S. economy. On a positive note, Wells Fargo Chief Economist John Silvia expects approximately 1.5 million jobs to be added over the next year. Fingers crossed!

Have a happy, healthy and legal New Year everyone! Got some great articles to add? I would love to hear from you!

What’s that cliché, it’s never too old to work? Although many of us may disagree with working well into our twilight years, age discrimination is an all too common issue.
Whatever an individual’s reason for entering or remaining in the work force at an older age may be, employees should know that there are New York City, New York State and federal laws in place to protect against age discrimination during employment, and also in the job application process.

So what exactly does age discrimination entail? It can take many forms including:
• You didn't get hired because the employer wanted a younger-looking person to do the job.
• You received a negative job evaluation based on your age
• You were fired or demoted because your company thought it was too costly to train older employees
• You were turned down for a promotion, which went to someone younger hired from outside the company, because the boss says the company "needs new blood."
• When company layoffs are announced, most of the persons laid off were older, while younger workers with less seniority and less on-the-job experience were kept on.
• Before you were fired, your supervisor made age-related remarks about you, such as that you were "over-the-hill," or "ancient."

Age discrimination in the workplace is governed by the Age Discrimination in Employment Act (ADEA) at the federal level. New York City and New York State have their own laws that prohibits age discrimination. Whether or not an individual employer does so is another issue.

The reality is that the overwhelming majority of age discrimination suits are because an employee or applicant feels their older, rather than younger age is causing them to experience some sort of discrimination. Luckily, we are here to make sure your legal rights in this situation are asserted.

The end of the year can be one of the more exciting times for a New York employee. In addition to paid holidays, a lighter work load and a slightly awkward but always entertaining holiday party, the end of the year is also when a lot of employees receive (or are at least informed of) their bonus. For certain New York employees and executives, a yearly or quarterly bonus represents a substantial portion of their paycheck.

With so much weighing on a bonus that is often categorized as discretionary, what happens when an employee quits or is fired before the much relied on bonus is paid? As you can guess, this is a contentious issue that is not always black and white.
The analysis in any employment bonus dispute case boils down to a simple question: was the bonus purely discretionary or an integral part of an employee’s compensation? If a bonus falls in the first category, the employer has the choice to pay or not pay a bonus. If the bonus falls in the second category, then failure to pay can be characterized as a breach of the employment contract.

With all the complications in classifications, it is easy to see how lawyers are often called in early to determine the nature of the bonus. Generally speaking, if an employee is paid a small base salary and a large bonus, then it is likely that the bonus is not discretionary.

If you were denied a bonus and are wondering if you have the right to recover that bonus, give us a call for a free case review.

Fridays are a great time to catch up on the week’s happenings. Although my specialty is in New York employment law, I enjoy reading about a range of issues that affect employment, in the US and abroad. Here’s a look at some articles I am reading this week:

• The Human Resources Exclusive Online: A look back on employment law issues from the year. This is a great recap of everything from unemployment issues and the Obama administration to the need for greater transparency in retirement-plan investment decisions.

• The Chicago Tribune: Clarification is always helpful when it comes from the top. This article clarifies the Illinois Supreme Court’s opinion on non-compete agreements. With the increase in job turnover, this was a much needed discussion and the principles may apply in other states as well.

• The Politico: The National Labor Relations Board delays key union rules. The delay effectively postpones the date employers must post information displaying employee rights. The new deadline is set for April 30, 2012.

• SFGate: Employment issues don’t just touch adults. In this article by the SFGate looks at how Republican presidential hopeful Newt Gingrich is leading a push to ease child labor laws.

• MarketWatch: Not just limited to New York or the United States, sometimes it is fun to read about what is happening across the pond. In this article, MarketWatch talks about the changes the new year will bring to UK employment law.

Have a great weekend everyone and look for blogs on some of these topics in the near future. Got some great articles to add? I would love to hear from you!

Whether weekly, bi-monthly or some other cycle ask any New York employee and they will tell you that pay day is always a good day. But what happens when the numbers of the pay check don’t look the same as the amount you were expecting?

New York wage deductions are taken out for items such as: state and federal taxes, health care, stock options and other payments. Although most of these deductions are part of your benefit package, the shock of the cumulative effect remains the same.

There is a lot of talk about New York wage deduction laws that have a substantial impact on the amount of money you take home every month. Limitations provided for in Section 193 of the New York State Labor Law does not apply to public employees so unless you fall into that category, keep reading! When it comes to legal wage deductions there are five basic categories allowed in New York:

1. Healthcare: wage deductions made for the payment of insurance premiums is not only legal but likely a plan that you had an active part in devising.

2. Pension: 401K contributions, retirement accounts and other types of health and welfare benefits fall under this deduction allowance. And with the full awareness of sounding cliché, you are saving for your future under this category.

3. Charity: Contributions to charitable organizations are lawful deductions that may or may not apply to you as an employee.

4. United States Bonds: Good luck arguing against this one! United States bonds are a legal deduction in all 50 states.

5. Labor Organization Payments: If you are a member of a labor organization, then you are making payments on whatever basis is dictated by the organization.

One other general category to keep in mind is that if you have agreed to certain other deductions, then you have agreed to them and will need to revisit the issue with your employer if it is something that needs to be changed.

The good news is that a lot of these deductions, although they may seem like a financial hit, are a direct benefit to you as an employee. The bad news is there are a lot of situations where an employer is making illegal deductions. If you think that is the case, give us a call.

Donald Trump’s signature phrase on The Apprentice is the only time the words “You’re fired" evoke any feeling other than utter defeat. One aspect that Trump’s popular Apprentice does not look at when firing celebrities is the severance package. New York severance packages can come in many forms, but you should know what you are giving away before you accept a severance package.

In essence, a severance package is some type of payment or other benefit in exchange for a release of claims against the employer. It is easy to see how recently terminated New York employees can become blinded by a benefit in the wake of a lost job, but as an employee you need to be aware of the legal exchange you are making with your former employer.

A severance package can take an array of forms: compensation, assistance finding a new position (including letters of recommendation), uncontested unemployment benefits, continued benefits and just about anything else you can think of. If an employer lets you keep your company phone after you are gone, that can be considered part of a severance package.

Ok so here’s the other part of the severance package equation: the employer wants something from you in return. The overwhelming majority of severance package situations are those in which the employer cannot be sued for anything after you leave. Also keep in mind that an initial severance package offer is written by the employer with employers’ best interests directing the severance offer. Although there is a chance an employee and employer are in line with their desires, there is room for negotiating a severance agreement in many situations.

Changing jobs, whether welcome or unwanted is a stressful time. Don’t project your emotions by accepting a severance package if you think a wrongful termination suit better fits your situation. Whether you feel like you should receive a severance package that has not been offered or worry that you agreeing to one is costing you more than you would otherwise receive via other means, give us a call to talk about your best legal options.

As a lawyer focusing on New York employment law, it is easy to get wrapped up in the nuances. Which is why sometimes, going back to basics is a helpful lesson for everyone. So here is my simple question for the day, what is employment law in New York?

New York employment law is not a single legal doctrine or case but rather a body of laws, rulings and legal rights in place to help employees and employers. New York Employment law is not something that comes into play after an incident has occurred but something that is in place to protect employees from having legal issues whenever possible. The complexity of this practice is only multiplied by the many work arrangements there are out there. Nevertheless, as an employee, you have rights.

From pay schedules to bonus disputes, to issues surrounding overtime compensation, employment law touches many important aspects of your relationship with your job. Did you know that you have legal rights in place when you interview for a job you may not even get? Or that you have certain rights that will remain after you leave a position? Did you know your workplace safety isn’t just a health issue but a right protected under employment laws in NY?

New York employment law not only covers broad issues such as rights to privacy and prohibitions against discrimination but also smaller issues that may be unique to the particular position or industry you are in.

Charles Lamb once joked, “I always arrive late to the office but I make up for it by leaving early.” Like many people, work may not be your favorite thing to do but knowing that there are legal rights in place should help to make your day that much better.

Pregnancy discrimination in New York is illegal, but it happens frequently. The EEOC recently reported that pregnancy discrimination is one of the fastest growing categories of claims, outpacing sexual harassment and sex discrimination claims.

It is nice to know that New York has laws in place to protect your pregnancy when it comes to your work life. You should enjoy your pregnancy…the excitement surrounding the growing belly, picking out baby names and preparing for family. But you should know the basics of pregnancy discrimination so you can identify it just in case it happens.

Let’s start by noting two things. Pregnancy discrimination is illegal and you have rights if any type of discrimination takes place. Here’s a look at three scenarios that amount to pregnancy discrimination in New York:

1. You get fired: This seems obvious but simply put, it is illegal for an employer to fire an employee after finding out she is pregnant. Employees should be able to communicate their physical situation without fear of repercussion. In this scenario, an employer’s response should be more along the lines of, “when is the shower” rather than “pack up your desk.”
2. You get replaced while on maternity leave: Maternity leave is a legal right. So is the ability to actually return to work.
3. You are denied certain benefits because you aren’t married: Whatever an employer’s individual beliefs about pregnancy may be, the legal reality is that employers must treat all pregnant women, whether single or married the same. Unmarried pregnant woman have exactly the same rights and protections against pregnancy discrimination and the presence of a diamond of the left ring finger is irrelevant to this evaluation.

The sad reality of many workplace situations is that pregnancy discrimination occurs and can take various forms, both obvious and subtle. Not to be confused with special treatment, workplace rights surrounding pregnancy are just that—a right. Knowing the situations to look out for is the first step in ensuring that this does not happen to you. If anything does happen, feel free to give us a call.