Nurses who work in New York might have questions about whether they may be forced to work overtime. There are limitations on the number of consecutive hours a nurse may work. Exemptions exist if certain circumstances are present. On-call time requires a nurse to be...
Month: October 2014
When is overtime pay owed to an employee?
On Behalf of Kessler Matura P.C. | Oct 27, 2014 | Wage And Hour Claims
Most employees in New York state are entitled to overtime pay if they work more than 40 hours in a week. This is true even if the hours were not authorized in advance or the employee waives his or her right to overtime pay. Residential employees must work 44 hours in...
Genetic information discrimination prohibited by federal law
On Behalf of Kessler Matura P.C. | Oct 23, 2014 | Workplace Discrimination
Discrimination in any aspect of employment based upon an employee's genetic information is strictly prohibited by Title II of the Genetic Information Non-Discrimination Act of 2008. Genetic information cannot be used by employers to make employment decisions and...
What is disability discrimination?
On Behalf of Kessler Matura P.C. | Oct 21, 2014 | Workplace Discrimination
Workers in New York may benefit from learning more about what disability discrimination is and the remedies available to people who are victimized by it. According to the U.S. Equal Employment Opportunity Commission, disability discrimination occurs when an employer...
Jimmy John’s overreaches with non-compete clause
On Behalf of Kessler Matura P.C. | Oct 17, 2014 | Wage And Hour Claims
Jimmy John's sandwich shops in New York and the rest of the U.S. are facing criticism for including within their job applications a non-competition clause. While non-compete agreements are common with upper-level employees and managers, Jimmy John's reportedly...
Employer retaliation easier to prove under New York law
On Behalf of Kessler Matura P.C. | Oct 15, 2014 | Wrongful Termination
To win a case under Title VII, a ruling by the U.S. Supreme Court suggests that an employee would have to prove that employer retaliation was the sole reason for termination. If an employer claimed there were other reasons for the termination, the employee would lose...
Confronting sexual harassment in New York restaurants
On Behalf of Kessler Matura P.C. | Oct 10, 2014 | Sexual Harassment At Work
According to a report released on Oct. 7, 90 percent of all female workers who receive tips reported that they had been sexually harassed. The report was overseen by Restaurant Opportunities Center United, a group that says it is time to end the sub-minimum wage for...
Former employee settles discrimination case against CNN
On Behalf of Kessler Matura P.C. | Oct 6, 2014 | Workplace Discrimination
Employees in New York may be interested in the story about a 33-year-old former CNN employee who settled a $60 million discrimination suit against the company. The plaintiff had claimed that he was harassed and bullied after it became known that he was a homosexual....
New York employment law and employee mistakes
On Behalf of Kessler Matura P.C. | Oct 1, 2014 | Employee Rights
New York residents are likely familiar with cameras placed on traffic signals to record the license plate numbers of vehicles that fail to stop at a red light. The subsequent tickets are sent by mail to the registered owner of the vehicle, but some may wonder who is...
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