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Shulman Kessler
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August 2015 Archives

What are my rights as a pregnant employee in New York?

People often say you should know your rights in order to protect them. But the fact that there are perhaps dozens of laws that apply to each person's unique situation means that not everyone can be an expert on the law. This leads to a lot of questions, some which find their way on our blog.

The importance of documentation in employment cases

When discussing employment law issues, such as sex discrimination or retaliation, we often mention the significance of documentation to a case. While the media often likes to highlight what it may view as baseless claims, in reality, there are likely as many or more meritorious claims that are dismissed due to lack of evidence than there are innocent employers forced to pay unfair claims.

Intern or employee?

they were "interns" or employees for purposes of the exemption from the Fair Labor Standards Act (FLSA). In situations like those involved in the case, employers must pay "employees" for the work they perform, including overtime when applicable. The interns claimed they should receive pay, as they were merely doing "general" work, often completely unrelated to their field of study.

Second Circuit creates new test for unpaid interns

There has been a great deal of litigation recently regarding unpaid interns around the nation and in New York. One of these cases led to a recent decision by the Second Circuit Court of Appeals, where that court has fashioned a new test that can be used by the lower courts to determine if an unpaid internship violates the pay provisions of the Fair Labor Standards Act (FLSA).

Website users who submit ‘content’ aren't necessarily employees

Yelp is a website that publishes crowd-sourced reviews about local businesses. The company was recently sued by a class of “reviewers” who said that they should be paid for the content that they supplied to the website, pursuant to the Fair Labor Standards Act.

Why is there still a gender pay gap?

In the U.S., a basic tenet of the culture is that we live in a land of opportunity. With that opportunity comes the assumption of fairness. That if you work hard, you will be rewarded for that work. And one of the basic assumptions is that if you do the same work as another person and do it as well, you should be equally well compensated.

Do you know how to file a Title VII claim?

With any type of lawsuit, there is often a great deal of emotional tumult for the participants. Unless you are an attorney or judge or other administrative personnel associated with the operation of the courts or agencies with adjudicative type functions, the entire process will seem foreign and at times unintelligible.

The ADA: What is it, and how does it protect disabled workers?

In a blog post from earlier this summer, we related some of the singular considerations attached to workplace discrimination against workers with disabilities. We noted in our June 24 post entry that it can be "very easy for an employer to either actively discriminate against [disabled workers] by refusing to hire or promote them for specific jobs or deny them opportunities in more subtle ways."

Fair compensation for New York fast-food workers back in the news

A few months ago, the hot topic in employment news was the McDonald's announcement regarding wage increases for its fast-food workers. The news was received with elation by thousands of workers across the country who had fought for months to raise wages in an industry that has historically offered little compensation to its workers.

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