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October 2014 Archives

Is it legal to force a nurse to work mandatory overtime?

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 available to work by staying at the health care facility or in close proximity and may not be used in lieu of mandatory overtime.

When is overtime pay owed to an employee?

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 a week before being eligible for overtime pay.

Genetic information discrimination prohibited by federal law

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 employers may not request, require, or purchase the genetic information of an employee. Although some narrow exceptions are defined regarding the acquisition and disclosure of genetic information, employers generally are prohibited from acquiring or disclosing this information.

What is disability 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 covered under the Rehabilitation Act or the Americans with Disabilities Act treats an applicant or employee unfavorably due to a perceived disability. In addition, the discrimination may be prohibited if it focuses on the victim's prior history.

Jimmy John's overreaches with non-compete clause

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 requires even delivery drivers and hourly-wage employees to agree to the restriction.

Employer retaliation easier to prove under New York law

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 his or her case. However, the New York City Human Rights Law states that employer retaliation must only be a factor in such cases.

Confronting sexual harassment in New York restaurants

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 restaurant workers. Currently, only seven states require tipped workers to be paid the same as workers who do not receive tips.

Former employee settles discrimination case against CNN

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. According to the suit, the employee was admonished for wearing bright track suits and other clothing that was considered too flamboyant after revealing that he was gay.

New York employment law and employee mistakes

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 responsible for payment when the vehicle in question is owned by a company but being driven by an employee. In these situations, New York employment law states that payment is the responsibility of the employer.

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