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Employment Law

New New York law on gender identity, new wage requirements

02/12/2019
This month, we bring you news on gender identity or expression discrimination, as well as rising minimum wage and exempt salary levels.

Failure to pay overtime costs Queens hotels $750K

02/12/2019
The owners of three Queens hotels must pay $360,543 in back wages and an equal amount in liquidated damages after investigators from the U.S. Department of Labor’s Wage and Hour Division found 83 employees had been denied overtime pay.

Courts usually allow employee to choose lawsuit venue

02/12/2019
In the legal world, it’s commonly accepted that urban juries tend to deliver big awards when employees sue their employers. Courts usually let the plaintiff choose a lawsuit’s venue, as long as there’s a substantial connection between the lawsuit’s main claim and the location.

ADA accommodation: Take all requests seriously

02/12/2019
When an employee asks for an ADA reasonable accommodation, take that request seriously even if you don’t think it’s valid. Start the interactive process and see where it goes.

Temporary injuries generally don’t rise to the level of ADA disability

02/12/2019
Each condition must be assessed individually. Here’s how that played out in a recent case.

Track every accommodation request to show when employees asked—or didn’t

02/12/2019
Disabled employees who need reasonable accommodations must request them. If no request is made, no ADA accommodation is due. That’s why it is important to routinely track when you receive accommodation requests.

Human Rights Law extends far outside city limits when applicants claim harassment

02/12/2019
If you are an employer in New York City, you may find yourself liable for sexual harassment stemming from events that didn’t even occur in New York and involving people who have never even applied for a job in your organization.

You need great records to beat NYCHRL suits

02/12/2019
New York City employers have to clear a high bar to defend against discrimination claims under the New York City Human Rights Law. For all practical purposes, you have to show that discrimination played no role whatsoever in your decision.

Taxpayers no longer on hook for Capitol Hill harassment

02/12/2019
President Trump signed legislation that holds members of Congress personally liable for legal bills incurred as a result of civil actions that result in damage awards or settlements.

Honest business decisions are rarely discrimination

02/12/2019
Terminating a service contract based on the contractor’s race may violate Section 1981 of the Civil Rights Act of 1866. However, that’s a tough case except in cases of blatant discrimination.