Long Island Injury Law Blog | Shulman Kessler LLP

New York bans natural hair discrimination

On behalf of Shulman Kessler LLP on Thursday, August 1, 2019.

New York recently became the second state to ban hair discrimination. On July 12, Governor Andrew Cuomo signed a bill that adds new protections to the state's Human Rights Law, as well as the Dignity for All Students Act.

The governor's press release explained why the law is important. Rules that focus on hairstyles have long marginalized people of color, especially women. And as Governor Cuomo said, the law marks "an important step toward [...] ensuring people of color are protected from all forms of discrimination."

Data shows CEOs increasingly being fired for sexual misconduct

On behalf of Shulman Kessler LLP posted in sexual harassment at work on Wednesday, July 31, 2019.

The #MeToo movement has significantly raised awareness and public discussion about sexual harassment and assault in all areas of life - including the workplace. There have been similar periods of heightened awareness and discussion in the past, resulting in marginal changes. But one of the biggest differences about the #MeToo movement so far is that it has brought down some of the richest and most powerful men in the worlds of entertainment and business.

A recent news report from National Public Radio cites a study from auditing firm PwC. The study revealed that in 2018, personal misconduct was the leading cause of CEO firing at the highest-profile public companies. This is unprecedented, and seems to indicate that sexual harassment is finally being recognized and punished among the leadership of major companies.

Proposed changes to New York law may help combat discrimination

On behalf of Shulman Kessler LLP posted in Workplace Discrimination on Monday, July 15, 2019.

How many times does someone have to make wolf whistles or brush a part of your body in order for your workplace to be considered a "hostile environment"? The question has long plagued New Yorkers fed up with workplace discrimination but unsure whether they had a solid legal case.

Proposed revisions to the New York Human Rights Law may soon change the whole equation. According to the National Law Review, the new bill recently cleared the legislature. The governor is expected to sign it into law, and victims of workplace harassment should then find it much easier to seek justice.

DOL proposes increase to FLSA overtime income cap

On behalf of Shulman Kessler LLP posted in Wage and Hour Claims on Thursday, June 13, 2019.

About 1.1 million workers throughout New York and the rest of the country would qualify to receive overtime time pay if a new rule proposed by the Department of Labor is implemented. The Fair Labor Standards Act requires employers to pay workers overtime when they work more than 40 hours in a workweek, but the landmark 1938 law does not cover all employees. Managers, commissioned salespeople and workers who earn over a certain amount are not entitled to overtime under the FLSA.

The current income cap for non-management workers to qualify for overtime pay is $23,660. This figure was set in 2004. The rule proposed by the DOL would raise this cap to $35,308. An effort was made to raise the income cap to $47,476 during the Obama administration, but a federal judge blocked the change just days before it was scheduled to go into effect. Had it not been blocked, the Obama-era change would have extended overtime coverage to about 4.2 million workers.

After the #MeToo movement, retaliation claims are on the rise

On behalf of Shulman Kessler LLP on Wednesday, June 5, 2019.

Inspired by the #MeToo movement, thousands of women found the courage and strength to call out the sexual harassment they faced at work. Many of the highest profile stories made the frontpage news, and they toppled some powerful offenders. But what about all the other women who stepped forward with their complaints?Their stories largely followed a different trajectory. After they reported their harassment, they frequently found themselves demoted or fired, or if they stayed at work, they might have been ostracized or reassigned to less desirable projects, even if the reassignment did not strictly mean a demotion. They have suffered retaliation.

Understanding New York City's new hair discrimination guidelines

On behalf of Shulman Kessler LLP on Wednesday, March 6, 2019.

Employee discrimination can come in multiple forms that the general populace isn't aware about for a long time. More employers get away with their unfair business practices the longer the public doesn't know about the issue at hand. These are why lawsuits and newer laws are important as they can influence an employer's actions and make more people realize how fair workplaces should operate.

Earlier this month, the NYC Commission on Human Rights announced that the city had new guidelines regarding hair discrimination. These new regulations allow for more freedom in the workplace for employees to express themselves with their hairstyles without potentially losing their job in the process.

Study finds inaction on gender discrimination issues

On behalf of Shulman Kessler LLP posted in gender discrimination on Wednesday, March 6, 2019.

In a recent Randstad study, roughly half of respondents admitted to not taking action after seeing a coworker make inappropriate comments to someone of the opposite sex at work. Just over half of the respondents said they knew a female worker who had been sexually assaulted at work. Gender discrimination at work is actionable in New York, and those who have experienced it may be entitled to recover money damages or other relief from their employers.

In the study, more than 33 percent of respondents said they'd witnessed someone in a position of authority take advantage of opposite-sex subordinates. Nearly a quarter of women who responded said they believed they had suffered career setbacks because they had refused the sexual advances of a supervisor. The report also found that people who are in a racial or ethnic minority group are more likely to experience harassment or gender discrimination at work.

Google announces an end to forced arbitration for workers

On behalf of Shulman Kessler LLP posted in Wrongful Termination on Monday, February 25, 2019.

The technology giant Google announced on Feb. 21 that that would no longer prevent its employees from joining together to file class-action lawsuits against the company over workplace issues. Google workers in New York and around the country will also no longer be required to litigate discrimination and wrongful termination disputes through arbitration. The move is the latest effort by the Mountain View-based company to relax restrictions that prompted widespread worker protests in November.

About 20,000 Google workers around the world walked out of their offices after it was revealed that the company had given a former executive an exit package worth approximately $90 million. Employees reacted angrily to the news because the executive had been implicated in a sexual harassment scandal. The workers called for an end to mandatory arbitration because the sessions take place behind closed doors. This, according to the workers, leads to serious workplace issues being buried or ignored instead of confronted and resolved.

Fast-food workers fight against arbitrary firings

On behalf of Shulman Kessler LLP posted in wage and hour law on Monday, February 25, 2019.

Workers in fast food in New York City continue to face serious problems and violations of their rights on the job. While their movement for a $15-per-hour minimum wage was victorious and sparked similar movements across the country, they continue to deal with wage theft, inappropriate firings or retaliation for reporting harassment, and other types of inappropriate conduct. One member of City Council said that he plans to introduce legislation requiring fast-food companies to show just cause before dismissing workers; fired employees could also appeal their dismissals through an arbitration procedure.

The proposal comes after a number of complaints from fast-food workers about wrongful dismissals. Workers have said that they were fired for not smiling enough, reporting harassment and other causes that could be linked to racial or gender discrimination. This comes after other reforms have hit the industry, such as the bill passed two years ago requiring city fast-food franchises to provide work schedules in advance to employees. Workers said that they could not make plans as they could always face unexpected call-ins. However, the restaurant industry has filed suit in an attempt to block the legislation.

Dealing with ageism in the workplace

On behalf of Shulman Kessler LLP posted in age discrimination on Friday, February 22, 2019.

Given the fact that about a third of America's working force will be above the age of 50 by 2022, the state of New York included, ageism and age discrimination in the workplace are serious matters that need to be tackled head-on. To make matters worse, age discrimination is so prevalent in today's workplace that, according to some estimates, six out of every ten employees above the age of 45 have been exposed to it in some way or form, and nine out of every ten senior employees describe ageism as a common practice in today's workplace.

That being said, age discrimination can be tricky to prove. For one thing, it tends to take many forms, such as derisive comments pertaining to someone else's appearance, derogatory remarks about an individual's declining cognitive abilities, and overlooking qualified workers when it is time to promote them. Over and above, age discrimination can be even tougher to prove when a company is hiring: After all, a company may claim that it rejected an elderly candidate for a host of other 'reasons", none of which had anything to do with their age. In fact, some companies will send subtle signals that they'd prefer to hire younger candidates, including asking for a candidate's high school graduation date and asserting that their workplace is a 'fun" and 'hip" place to work.