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July 2017 Archives

Ruling regarding causation for FMLA retaliation claims

Workers in New York who have pending claims under the Family and Medical Leave Act should be aware of the decision by the United States Court of Appeals for the Second Circuit. The court ruled that in order to have retaliation claims under the FMLA proceed, employees only have to verify that exercising their FMLA rights was viewed negatively by an employer who also responded with an employment-related act of retaliation. The significance of the ruling is that the reduced burden of proof may result in a higher number of FMLA retaliation claims surviving the summary judgment phase of cases in the jurisdiction of the Second Circuit, which hears federal appellate cases in Vermont, Connecticut and New York.

Rules related to working off the clock

As a general rule, most New York employees cannot be asked to work "off the clock".Furthermore, workers generally cannot be asked to work without being paid or to work hours that do not count toward overtime pay. According to the Fair Labor Standards Act, non-exempt workers who put in more than 40 hours a week must be paid at 150 percent of their normal wages for those hours.

Wage discrimination affects a broad range of workers

New York residents may be interested in some statistics on wage discrimination. Though the issue of equal pay is usually seen as a women's issue, wage discrimination cases alleging discrimination because of a person's gender are filed by both women and men.

Age discrimination top concern among people looking for jobs

Older New York residents have their work cut out for them when they seek employment. A survey of job seekers conducted by the American Association of Retired Persons identified age discrimination as their top concern by a wide margin. According to survey results, 51 percent of respondents 50 years of age and older expressed worry about age limiting their ability to land a job. Unemployment came in second but not close at 25 percent.

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