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August 2014 Archives

Types of workplace discrimination

Many individuals in New York may be aware that there are laws against certain types of employment discrimination, but they may not know exactly what the protected classes are. Title VII of the Civil Rights Act of 1964 and several other laws prevent discrimination against individuals in multiple categories.

Reinstated New York teacher to receive higher salary

A 52-year-old New York man who was fired from his teaching job in 2009 has just been awarded additional money toward his salary that will raise him to the level he would have been at had he not been unlawfully terminated. Both the district in which he taught and its superintendent were previously found liable for age discrimination following his termination.

Employee vs. independent contractor

In recent years, exotic dancers have been bringing lawsuits against strip clubs in New York and around the country saying that they were denied a minimum wage and other benefits generally given to employees. Increasingly, courts have agreed with the position that they are employees and not independent contractors. As clubs operate more as legitimate businesses, they have come under scrutiny from the IRS and the Labor Department.

LinkedIn to pay damages and unpaid overtime in New York

U.S. Department of Labor has determined that LinkedIn did not appropriately compensate employees in a variety of states for overtime hours. According to a Labor Department announcement, the company will pay out approximately $6 million in unpaid overtime wages as well as damages to current and former employees in California, Illinois, Nebraska and New York.

Technical glitch results in lawsuit dismissal

A legal mistake by a plaintiff's former lawyer resulted in the dismissal of a lawsuit for sexual discrimination against the New York City Department of Education. The lawsuit charged a male assistant principal with making inappropriate sexual references that embarrassed the plaintiff to the point where she took leave and eventually resigned. She claimed the harassment was so obvious that even students noticed it. She later returned to work but was given too many classes and felt overwhelmed with work. However, the judge ruled that her former lawyer did not file a required notice with the Department before filing the sexual harassment lawsuit.

Disabled retail employee sues for alleged harassment

New York workers might be interested in a recent ruling on a discrimination case filed against a national big-box department store. An employee in Houston has recently sued Target Corporation, alleging retaliation, disability discrimination and race and color discrimination. An Equal Employment Opportunity Commission complaint, which had not yet benefited the employee, was filed before the man took the case to court.

New York enacts new protections for interns

New York is the fourth jurisdiction in the nation to make it illegal for employers to engage in any retaliatory or otherwise illegal employment practices against unpaid interns or those applying for unpaid internships. The other three jurisdictions to have such employment discrimination laws are Washington, D.C., New York City and Oregon. Governor Andrew Cuomo signed the Act into law on July 22, and it took effect immediately.

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